Orka Run – Terms of Use

1. Introduction

These Terms of Use (“Terms”) apply to:

• the Orka Run website located at www.orkarun.com (the “Site”), including any online store; and
• the Orka Run mobile applications available on the Apple App Store (iOS, iPadOS, and watchOS) and the Google Play Store (Android) (the “Apps”).

The Site and the Apps are owned and operated by BeBetter Research Inc from USA, with its registered address at 108 West 13th Street, Suite 100, Wilmington, DE, USA 19801. Orka Run is a trading name of BeBetter Research Inc. Throughout these Terms, the Site, and the Apps, the terms “Orka Run,” “we,” “us,” “platform,” and “our” refer to BeBetter Research Inc.

By visiting the Site and/or using the Apps, you agree to be bound by and comply with the following terms and conditions (“Terms”), including additional terms, conditions, and policies referenced herein. These Terms should be read alongside our Privacy Policy, which you can find at https://www.orkarun.com/privacy-policy.

If you have any questions, please reach out to us at support@orkarun.com.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND/OR THE APPS. BY DOWNLOADING, INSTALLING, OR ACCESSING THE APPS, OR BY BROWSING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS, WHICH ARE LEGALLY BINDING. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, YOU SHOULD NOT USE THE SITE OR THE APPS.

2. General Information

Orka Run provides an adaptive endurance training platform that includes personalized training plans for 5K, 10K, half marathon, and full marathon distances; strength sessions sequenced with your running plan; a race-readiness score; integrations with third-party services such as Strava, Apple Watch, and Garmin Connect; and in-app text chat access to elite running coaches. For more information about the Services we offer, please visit our Site or App.

You may download and use our App provided you are aged 18 or older. We may delete your account (and associated data) if you are under such age.

We may add to, discontinue, or suspend any part of our Services at any time at our sole discretion. This may be where we discontinue a particular feature or where we suspend access to the Services to protect Orka Run and its users.

3. App Updates and Functionality

We may make updates to the Apps available to you from time to time, which may add features or fix bugs. We recommend that you keep the Apps updated, as you may not be able to use them until you have installed the latest version.

The Apps are provided over the Internet, and so their quality and availability may be affected by factors outside our control. We are not responsible for any connectivity issues that you may experience when using the App. You are responsible for obtaining a compatible device, as well as for paying any applicable data charges that may be charged to you by your network provider in connection with your use of the App.

Like with all applications, the Apps may include bugs and other errors from time to time. While we aim to fix bugs that we are aware of, we do not guarantee (and so do not take responsibility for ensuring) that the Apps or the Site will be error-free or that any such errors will be corrected.

From time to time, the App may include integrations with third-party products and services (such as Strava, Apple Watch, Apple Health, and Garmin Connect). As these connections are additional to our core service and reliant on a third party: (a) we do not accept responsibility for such connections; and (b) they may stop working or be removed at our discretion (without refund). If a required Third-Party Service is disconnected, certain features of Orka Run may not function or may function in a degraded state.

4. Third-Party Store Rules

You agree to comply with the Apple Media Services Terms and Conditions and the Google Play Terms of Service, as applicable to your device, when making use of the Apps.

You acknowledge that:

• The availability of the App is dependent on either the Apple App Store or the Google Play Store from which you downloaded the App;
• These Terms are between you and Orka Run, not with Apple Inc. or Google LLC;
• The Apple App Store and Google Play Store are not responsible for (a) the App, its content, maintenance, support, and warranty, or (b) addressing any related claims (such as product liability, legal compliance, or intellectual property infringement); and
• The operators of the Apple App Store and the Google Play Store (and their subsidiaries) are third-party beneficiaries to these Terms and have the right to enforce these Terms against you.

5. Not Medical or Professional Advice

The contents of the Site and the Apps are provided for informational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment; professional nutritional advice; or professional strength or running coaching. You expressly agree that we are not providing medical advice, diagnosis, or treatment as part of the Site or the Apps, and they are not a replacement for a physician or other qualified professional.

You should always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not:

• disregard professional medical advice or delay in seeking it because of something you have read on the Site or in the Apps; or
• use the Site or the Apps to diagnose or treat a medical condition.

Your use of the Site and the Apps does not create a doctor-patient, physiotherapist-patient, or other professional healthcare relationship between you and Orka Run.

You acknowledge that running, strength training, and following any training plan carries inherent risks of injury. You agree to consult a qualified healthcare professional before beginning any exercise program, particularly if you have a medical condition, are recovering from injury, are pregnant or postpartum, or are taking medication.

6. Access to Orka Run Coaches

In addition to your training plan, you have access to send text messages to elite running coaches within the App (“Coach Chat”). Depending on the subject of your message, either our customer support team or one of our running coaches may reply to you. We have the discretion to decide whether your message is referred to a member of our coaching team. We aim to reply to you as soon as reasonably possible; we do not guarantee any specific response time.

You agree not to send through Coach Chat:

• an unreasonable number of messages, repeated messages, or spam;
• obscene, defamatory, threatening, intimidating, harassing, hateful, exploitative, abusive, racially or ethnically offensive messages; or
• content that infringes the rights of any third party (including copyrighted material, confidential information, or other people's personal data).

Coaches are independent providers engaged by Orka Run to deliver training guidance through the Services. Coach replies are general fitness guidance and are not a substitute for medical, physiotherapy, nutritional, or other licensed professional advice. Coaches may decline to answer questions outside their expertise (such as questions about medical conditions, prescription nutrition, or other topics requiring licensed professional advice).

Messages you send through Coach Chat are stored by Orka Run for the purposes of providing the Services, training quality control, safety review, and legal compliance, as further described in our Privacy Policy.

We may suspend your access to Coach Chat in the event that we believe you are in breach of this fair-use policy. We may also send you messages from time to time.

7. Permitted Use

You agree to use the Site and the Apps only as permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices in your country of residence. You may only use the Site and the Apps for your personal use, and this license is granted to you on a non-commercial, non-exclusive, and non-transferable basis.

You will not (and will not attempt to):

• modify, adapt, translate, reverse engineer, decompile, disassemble, or convert any of the contents of the Site or the Apps;
• copy, reproduce, or otherwise make available any of the contents of the Site or the Apps in any form or by any means;
• use the Site or the Apps for any illegal or unlawful purpose;
• access any of the Services by any means other than through the interface provided by Orka Run, including via any automated means (such as scripts or web crawlers);
• gain access to Orka Run's systems or engage in any activity that interferes with or impairs the performance or security of Orka Run's networks and systems;
• collect any personally identifiable information via the Site or the Apps for any purpose;
• use the Services for any commercial purpose (such as reselling, white-labeling, or coaching other people through your Orka Run account) without our prior written permission;
• reproduce, duplicate, copy, or sell for any purpose (a) any aspect of the Services or (b) any product or service bearing the Orka Run name or any of our trademarks, service marks, logos, or trade names;
• impersonate any person or entity or misrepresent your identity; or
• use the Services in any way that violates Apple's App Store policies or Google Play's policies.

8. Interaction with Other Users

Orka Run may make functionality available in the Apps for you to communicate with other users. You are solely responsible for your communications with other Orka Run users. Orka Run is not liable for any interactions between Orka Run users, nor are we responsible for any content posted by others.

Orka Run may take action it deems appropriate against users which act in breach of these Terms.

9. Subscriptions and Cooling-Off Periods

From time to time we may make a free trial available within our App. Where we offer a free trial, it may only be used once and by first-time users only. If you are offered a free trial, the free trial period will last for the period of time specified when you signed up.

When subscribing (if paid subscriptions are available), you will be required to select the subscription term you require (such as monthly or annual). Please double-check your subscription before finalizing your transaction. Your subscription cannot be modified after you have completed your purchase until the expiration or renewal date of that subscription.

Some users may be located in countries with laws that allow for early termination or so-called “cooling-off periods.” By purchasing a subscription from us, you specifically request that the Apps be immediately made available to you (and you will be required to acknowledge this). Doing so will waive your ability to cancel the transaction during any such cooling-off period, to the extent permitted by applicable law.

10. Referral Codes

Referral codes may be available from time to time which may provide additional discounts, such as extended free trials or discounts on the cost of an Orka Run membership (when paid tiers exist). These codes and discounts are made available at Orka Run's sole discretion and on the terms communicated alongside the code.

We may withdraw these codes at any time, without notice or reimbursement.

11. Payments and Refunds

How your payment is processed and how you manage your subscription depends on your payment method.

Subscriptions through the Apple App Store and Google Play Store

Where applicable, payment for your subscription will be processed by either the Apple App Store or Google Play Store in accordance with the type of subscription selected (for example, if you signed up for a monthly plan, you will be billed monthly).

You can stop auto-renewing your subscriptions at any time via the Manage Subscriptions tab in your app store. You are responsible for ensuring that you turn off auto-renewal with sufficient time to comply with Apple's or Google's policies (as applicable) for re-billing. For example, we recommend that you turn off auto-renew at least 24 hours before your renewal date.

Once auto-renew is turned off, you will still be able to use the Apps for the remainder of your subscription period. No refunds are available.

Subscriptions through the Site

You may subscribe by purchasing (or being gifted) a gift card from our Site. When you purchase or otherwise redeem a gift card, your subscription will last for a specific period of time. Your subscription will start on the day on which you redeem the gift card and will continue for the specific period purchased. It will not automatically renew.

Refunds

We may terminate your subscription and/or cancel your account at any time. We will contact you via email if we take such action and explain why the cancellation and/or closure occurred.

Where we terminate:

• due to your breach of these Terms, you will not be eligible for a refund; or
• for any other reason, you will be entitled to a pro-rated refund for any pre-paid amounts.

Please email us at support@orkarun.com if you think your account has been closed incorrectly.

12. Intellectual Property Rights

We grant you a limited license to use the Site and the Apps for your own personal use. The Site and the Apps and all content included therein (including images, sounds, videos, text, training plan structure, and coaching content) are the intellectual property of Orka Run and its licensors. Except as set out in these Terms, you acquire no rights to any such intellectual property.

You may submit content to Orka Run, including your race goals, training notes, perceived effort ratings, messages to coaches, and profile information (“Your Content”). You retain ownership of Your Content. However, by submitting Your Content to Orka Run, you grant us a worldwide, royalty-free, non-exclusive license to store, use, and process Your Content as needed to provide the Services; display Your Content back to you within the Services; use anonymized or aggregated data derived from Your Content to improve our products and train our internal models; and share Your Content with our service providers as needed to operate the Services.

13. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ORKA RUN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY: (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE, APPS, AND THEIR CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND APPS AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS, AND YOUR USE OF THE SITE AND APP IS AT YOUR OWN RISK.

14. Limitation of Liability

Our responsibility to you in connection with your use of the Site and the Apps (also known as “liability”) is limited as much as the law in your country of residence will allow from time to time. We are not responsible or liable for any consequential, special, indirect, or incidental damages arising out of your use of the Site and the Apps, even if we know that such losses might arise. Our aggregate liability to you will not exceed the greater of (a) USD 100, INR 5,000, or (b) the amount you have paid to us in the past 12 months.

You acknowledge that your athletic activities (including, but not limited to, running, strength training, or following an Orka Run training plan in the Apps) carry certain inherent and significant risks of property damage, bodily injury, or death. You further agree, to the maximum extent permitted by the law in your country of residence, to:

• voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of Orka Run; and
• release Orka Run, its subsidiaries, affiliates, officers, agents, representatives, employees, partners, coaches, and licensors (the “Released Parties”) from any and all liability in connection with your athletic activities and/or use of the Site and the Apps, and promise not to sue the Released Parties in connection with the same.

This section does not limit any liability that cannot be limited under applicable law (such as liability for gross negligence, fraud, or death or personal injury caused by negligence).

15. Indemnification

You agree to indemnify and hold Orka Run and its subsidiaries, affiliates, officers, directors, agents, coaches, and employees harmless from and against any suit, action, claim, demand, or loss (including reasonable legal fees) resulting from any third-party claim in connection with:

• your breach of these Terms;
• your violation of the rights of any third party, including any intellectual property right, publicity right, confidentiality right, property right, or privacy right;
• Your Content; or
• your use of the Services.

16. Termination

You may stop using Orka Run at any time by deleting your account from within the App.

If you breach these Terms, we may terminate your right to make use of the Apps. We will notify you of the fact we are terminating and the reasons for it, and you will not be entitled to a refund.

Upon termination, your right to use the Services ends. Sections that by their nature should survive termination (including Disclaimer, Limitation of Liability, Indemnification, Intellectual Property, and Dispute Resolution) will survive.

17. Changes to These Terms

We reserve the right to update and revise these Terms from time to time by posting an update on this webpage. You will know if these Terms have been revised since your last visit to the website or the App by referring to the “Last Updated” date at the top of this document. Your use of our Site and Apps constitutes your acceptance of these Terms as amended by us from time to time, and you should therefore review these Terms regularly.

18. Other Terms

By using the Apps you confirm that you are not:

• located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and
• listed on any U.S. Government list of prohibited or restricted parties.

You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (such as in a merger, acquisition, or sale of assets) or by operation of law.

If any of these Terms are found to be invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining terms or conditions.

These Terms contain the entire understanding and agreement between you and Orka Run concerning the Site and App, and replace all previous terms and conditions.

A failure to act concerning a breach by you or others does not waive Orka Run's right to act concerning subsequent or similar breaches.

19. Dispute Resolution and Governing Law

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ORKA RUN TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF.

20. Additional Jurisdictional Terms

• California, Virginia, Colorado, Connecticut, Utah, and Texas residents (and residents of other states that have enacted similar laws): you have specific privacy rights set out in our Privacy Policy.
• California Health Information: Orka Run processes consumer health data and complies with the California Confidentiality of Medical Information Act (CMIA) where applicable. See our Privacy Policy for details.
• Washington State Residents: My Health My Data Act (“MHMDA”) rights are detailed in our Privacy Policy.

21. Contact Us

For any questions, complaints, queries, or to report any violations, please contact us at support@orkarun.com.