Terms of Service
A binding agreement. Section 17 limits what you can recover from us if something goes wrong.
- Effective date
- Last updated
Contents
Please read these Terms. They are a binding agreement, and section 17 limits what you can recover from us if something goes wrong.
1. Who you are agreeing with
These Terms are an agreement between you and Dharmarajsinh Jethva and Asiqur Rahman, trading as DA App Ventures ("we", "us"), contactable at help@daappventures.com.
By creating an account or using Spotter, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the app.
Because you obtained Spotter through the App Store, Apple's Licensed Application End User Licence Agreement also applies to you as a minimum standard. Where these Terms give you more than that agreement does, these Terms apply. Section 19 sets out the Apple-specific provisions.
2. You must be 18
You must be at least 18 years old to use Spotter. By using it you confirm that you are. If we learn you are under 18 we will close your account and delete its contents.
3. What Spotter does, and what it is not
Spotter lets you upload a video of yourself performing a weightlifting movement and receive an automatically generated form score and written coaching suggestions.
Spotter is not:
- a medical device, or a substitute for medical care
- a physiotherapist, doctor, or qualified coach
- a diagnostic tool of any kind
- a safety system — it cannot tell you whether a lift is safe for you
It is a training aid that produces opinions from a computer model. Treat it that way.
4. AI-generated output is often wrong
Your score and coaching are produced by an artificial intelligence model without human review. This output is unreliable. It can be confidently, specifically, and completely wrong.
We know this concretely. During development, the model returned a considered-looking score of 68 out of 100, with written feedback, for a video that was entirely black and contained no visible person at all. That is the nature of the technology, not a bug we have since fixed.
You must use your own judgement. Do not change your technique, your loading, or your training on the basis of this app's output alone.
5. Training carries risk, and you accept it
Weightlifting can cause serious injury, permanent disability, or death. This is true whether or not you use Spotter.
By using the app you acknowledge that:
- you train entirely at your own risk
- you are responsible for judging whether any movement, weight, or cue is safe for you
- you should consult a qualified professional before starting or changing a training programme, and particularly if you have any injury, pain, or medical condition
- following a suggestion from this app will not make us responsible for what happens
If a cue from the app feels wrong, do not follow it.
6. Not medical advice
Nothing in Spotter is medical advice. The AI coach is instructed to direct medical questions to a professional, but it is a language model and may fail to do so. Do not rely on it for anything concerning injury, pain, medication, nutrition, or health.
If you are in pain, see a qualified clinician.
7. Your account
You are responsible for your account and for keeping your password secure. Tell us promptly if you believe someone else has access to it. You may not share your account or let anyone else use it.
8. Your content, and the licence you give us
Your videos and what you write stay yours. We claim no ownership.
To operate the app, you grant us a limited, worldwide, non-exclusive, royalty-free licence to store, reproduce, transmit, and process your content solely to provide the service to you — which includes sending your video to our AI provider for analysis, as described in the Privacy Policy.
This licence exists only to run the app. We will not use your content to advertise, to train our own models, or for any purpose other than delivering the service. It ends when you delete the content or your account.
9. What you promise about what you upload
You promise that:
- the video is of you, or of someone who has agreed to appear in it and to it being processed as described in our Privacy Policy
- you have the right to upload it
- it does not contain anything unlawful, sexual, abusive, or infringing
- you will not upload video of anyone under 18
10. Acceptable use
Do not: upload content you have no right to; attempt to identify anyone from content; reverse engineer, scrape, or overload the service; use it to build a competing product; circumvent subscription limits; or use it for any unlawful purpose.
We may suspend or terminate your account for breach of this section.
11. Complaints and takedown
If you believe content in Spotter infringes your rights, or shows you without your agreement, email help@daappventures.com with enough detail to identify it. We will review and act promptly, which may include removing the content or closing the account.
12. Third-party AI processing
Analysis is performed by Google's Gemini API under Google's terms. Your clip is re-encoded on your device before it is sent, which removes the audio track and the file's embedded metadata; only the picture is transmitted. We use a paid tier on which Google does not use submitted content to train its models. We do not control Google's service and are not responsible for its availability, accuracy, or changes to it. If Google's terms change materially, we will update the Privacy Policy.
13. Subscriptions
Spotter offers an auto-renewing subscription, Spotter Pro.
- Price, billing period, and what is included are shown in the app before you purchase.
- Payment is charged to your Apple ID on confirmation of purchase.
- Your subscription renews automatically unless you turn off auto-renew at least 24 hours before the current period ends.
- Your Apple ID is charged for renewal within 24 hours before the period ends.
- You can manage and cancel your subscription in your Apple ID account settings. Deleting the app does not cancel it.
- If we offer a free trial, any unused portion is forfeited when you buy a subscription.
14. Refunds
Purchases are made through Apple, so Apple handles all refunds. We cannot issue, approve, or refuse one. Request a refund through Apple's support.
15. Ending your account
You may delete your account at any time from within the app, which deletes your content as described in the Privacy Policy. We may suspend or terminate your account if you breach these Terms, if required by law, or if we discontinue the service. If we discontinue it, we will give you reasonable notice and an opportunity to delete your data.
16. Disclaimer of warranties
To the fullest extent the law allows, Spotter is provided "as is" and "as available", without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that any output will be accurate.
17. Limitation of liability
To the fullest extent the law allows:
- We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data.
- We are not liable for personal injury arising from training, from following any suggestion produced by the app, or from relying on any score or analysis, except where that injury results from our own negligence and liability cannot lawfully be excluded.
- Our total aggregate liability is limited to the greater of the amount you paid us in the twelve months before the claim, or USD 50.
Nothing here excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by our negligence, or for fraud.
18. Indemnity
You agree to indemnify us against claims arising from your content, your breach of these Terms, or your violation of anyone else's rights — including any claim by a person who appears in a video you uploaded.
19. Apps obtained from the Apple App Store
The following applies because you obtained Spotter through the App Store:
- These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for Spotter and its content.
- Your licence is non-transferable, limited to using the app on Apple-branded products you own or control, and governed by the Usage Rules in the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for Spotter.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility.
- We, not Apple, are responsible for addressing any claim by you or a third party relating to Spotter, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
- We, not Apple, are responsible for the investigation, defence, settlement, and discharge of any third-party claim that Spotter infringes intellectual property rights.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Our name and contact address are given in section 1.
- You must comply with any applicable third-party terms when using Spotter.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.
20. Changes to these Terms
We may update these Terms. If a change is material, we will notify you in the app before it takes effect. Continuing to use Spotter after that means you accept the change. If you do not accept it, stop using the app and delete your account.
21. If you are a consumer outside the United States
Nothing in these Terms affects your statutory rights, which cannot be waived by agreement. Nothing limits our liability where the law does not permit it. You may bring proceedings in the courts of the country where you live, and the mandatory consumer protection law of that country continues to apply to you regardless of section 22.
22. Governing law and disputes
These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules, subject always to section 21.
23. The coach is an AI
The coaching conversation in Spotter is an artificial intelligence system, not a human being. You are never speaking to a person.
24. Contact
Dharmarajsinh Jethva and Asiqur Rahman, trading as DA App Ventures
help@daappventures.com