Terms of Service

By creating an account or using the HeyTrackr application and related services (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the Service.

The Service is operated by Hector Ramirez ("we", "us", "our") in Saskatchewan, Canada.

You must be at least 16 years of age to create an account and use the Service. By creating an account, you represent that you are at least 16 years old. If we learn that a user is under 16, we will terminate their account and delete their data.

To use HeyTrackr, you must create an account with a valid email address and a password of at least 8 characters. You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activity that occurs under your account
• Notifying us promptly at hector@heytrackr.com if you suspect unauthorized access

You may not share your account credentials with others or allow others to access the Service through your account.

HeyTrackr is a training data platform for endurance athletes. The Service provides:

• Data synchronization from connected fitness services (Apple HealthKit, Health Connect, Strava) to aggregate your training, health, and nutrition data in one place
• Statistical analysis including daily readiness scoring, injury risk assessment, fitness state tracking (CTL/ATL/TSB), running economy, and periodization detection
• AI-generated coaching reports produced by sending your fitness data summaries to OpenAI's language models, which generate personalized narrative analysis and recommendations
• Swim session analysis using AI to parse workout structure from watch telemetry data
• Visualization of trends, projections, and performance metrics through charts and dashboards

The Service uses artificial intelligence (specifically, OpenAI's GPT models) to generate coaching reports and analyze swim sessions. By accepting these Terms, you expressly consent to:

• Your activity summaries, health metric summaries, and questionnaire answers being sent to OpenAI for processing
• OpenAI generating narrative text based on your data, which is then displayed to you in reports

Your name, email address, and account credentials are never sent to OpenAI. OpenAI does not use API data to train its models. OpenAI retains API inputs for up to 30 days for abuse monitoring only. See our Privacy Policy for full details on third-party data processing.

HeyTrackr is not a medical device. It does not diagnose, treat, cure, or prevent any disease or medical condition.

The readiness scores, injury risk assessments, training insights, report narratives, fitness state indicators, and any other output generated by the Service — whether computed statistically or generated by AI — are for informational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment.

You should always consult a qualified healthcare provider before beginning any new exercise program, changing your training load, or making health decisions based on data from the Service. If you experience pain, injury, or any medical symptoms, seek medical attention regardless of what the Service indicates.

You use the Service and act on any insights entirely at your own risk.

The Service integrates with third-party platforms including Apple HealthKit, Health Connect, and Strava. Your use of each third-party service is governed by that service's own terms of service and privacy policy. We are not responsible for:

• The availability, accuracy, or completeness of data provided by third-party services
• Changes to third-party APIs or terms that may affect how data is synced
• Outages, rate limiting, or restrictions imposed by third-party services

Data synchronization may experience delays due to third-party service availability. We make reasonable efforts to keep synced data current but do not guarantee real-time accuracy.

You agree to:

• Provide accurate and complete information when creating your account and profile
• Keep your profile information up to date, as it affects the accuracy of your analysis
• Use the Service only for its intended purpose of personal fitness tracking and analysis
• Not attempt to access other users' data or interfere with the Service's infrastructure
• Not reverse engineer, decompile, or attempt to extract source code from the Service
• Not use automated means (bots, scrapers) to access the Service
• Comply with the terms of any third-party services you connect

The Service — including its design, code, algorithms, statistical models, AI prompts, report templates, branding, and documentation — is the property of HeyTrackr and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any part of the Service without our prior written consent.

You retain full ownership of your personal data, training data, and any content you provide to the Service. We claim no ownership rights over your data.

AI-generated report narratives produced by the Service are provided for your personal use. We do not claim copyright over AI-generated text.

You may delete your account at any time through Settings > Account > Delete Account. Account deletion is immediate and permanent. All associated data — including activities, reports, health metrics, connected service credentials, questionnaire answers, and your user profile — is removed from our primary database upon deletion. This action cannot be undone.

Deleted data may persist in encrypted database backups for up to 30 days, after which backups are rotated. Data already transmitted to third-party processors (OpenAI, Sentry, Amplitude) is subject to their respective retention policies.

To the maximum extent permitted by law, HeyTrackr and its operator shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of or inability to use the Service. This includes, without limitation:

• Physical injury, health complications, or worsening of medical conditions resulting from acting on readiness scores, injury risk assessments, training recommendations, or any other Service output
• Inaccurate, delayed, or missing data caused by third-party service outages or API changes
• Loss of data due to account deletion, service interruptions, or technical failures
• Decisions made based on AI-generated narratives or statistical analysis

The Service is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the accuracy of analysis, the reliability of synced data, the availability of the Service, or its fitness for any particular purpose.

You agree to indemnify and hold harmless HeyTrackr and its operator from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights or applicable laws.

We may suspend or terminate your access to the Service at any time if we reasonably believe you have violated these Terms, or if required by law. We may also discontinue the Service entirely with 30 days' notice. Upon termination:

• Your right to use the Service ceases immediately
• We may delete your data in accordance with our Privacy Policy
• Sections 6 (Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Governing Law) survive termination

We reserve the right to modify these Terms at any time. When we make material changes, you will be prompted within the app to review and accept the updated Terms before continuing to use the Service. If you do not accept the updated Terms, you may delete your account.

The "effective date" at the top of this page indicates when these Terms were last revised.

These Terms are governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Saskatchewan, Canada. You agree to submit to the personal jurisdiction of these courts.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and HeyTrackr regarding the Service and supersede any prior agreements or understandings.

For any questions about these Terms:

Hector Ramirez
Email: hector@heytrackr.com
HeyTrackr
Saskatchewan, Canada