Terms of Service

1. Eligibility & Account

You must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater, to use Hyperborea. By creating an account, you represent that you meet this age requirement and that all information you provide is accurate and complete. You are responsible for maintaining the security of your account and for all activity that occurs under it. Authentication is managed by our third-party provider, Clerk, and you are subject to their terms of service when signing in. Each person may maintain only one account. You must notify us promptly if you become aware of any unauthorized use of your account.

2. Electronic Communications

By creating an account, you consent to receive electronic communications from us, including by email and in-app notifications. These communications may include service announcements, billing notices, security alerts, and changes to these terms. You agree that electronic communications satisfy any legal requirement that communications be in writing. You cannot opt out of transactional or service-related communications while your account is active.

3. As-Is Software

Hyperborea is provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, non-infringement, accuracy, and availability. We do not warrant that the service will be uninterrupted, timely, secure, error-free, or free of harmful components, or that any defects will be corrected. No advice or information, whether oral or written, obtained from Hyperborea or through the service creates any warranty not expressly stated in these terms.

Your sole and exclusive remedy for any dissatisfaction with the service is to stop using the service.

4. Assumption of Risk

You acknowledge that physical exercise carries inherent risks, including but not limited to bodily injury, disability, and death. By using Hyperborea in connection with fitness equipment, you voluntarily assume all risks associated with such activity, including risks arising from our negligence. You represent that you are physically capable of participating in exercise activities and have consulted with a physician if you have any medical conditions that could be affected by exercise. You agree that Hyperborea is not a substitute for professional medical advice, diagnosis, or treatment.

5. Hardware Ownership & Interoperability

By using Hyperborea, you represent that you own or have lawful possession of the equipment on which you install the software. Hyperborea is independently developed interoperability software. It communicates with your equipment’s existing hardware interfaces solely to enable interoperability with independently created third-party fitness platforms, in accordance with the rights afforded under Section 1201(f) of the Digital Millennium Copyright Act.

6. Software Installation & Equipment

Hyperborea involves installing software on fitness equipment not manufactured by us, including NordicTrack and other third-party devices. By using the service, you acknowledge and agree that:

• Installing Hyperborea software on your equipment may void the manufacturer’s warranty or violate the manufacturer’s terms of service.
• We do not guarantee compatibility with any specific equipment model, firmware version, or configuration.
• We are not responsible for any equipment malfunction, damage, degraded performance, or data loss resulting from the installation or use of our software.
• Bluetooth, Wi-Fi, and other wireless connections bridged by Hyperborea may be unreliable and may interfere with the normal operation of your equipment or other devices.
• You are solely responsible for determining whether installing third-party software on your equipment is appropriate.
• Fitness data displayed or transmitted by Hyperborea, including power, cadence, speed, resistance, and incline values, is derived from third-party equipment protocols and may not be accurate.

7. No Affiliation

Hyperborea is not affiliated with, endorsed by, or sponsored by NordicTrack, iFIT, or any other equipment manufacturer. All product names, trademarks, and registered trademarks are the property of their respective owners.

8. Third-Party Platforms & Services

Hyperborea facilitates communication with third-party fitness platforms such as Zwift, Wahoo, Rouvy, and others via standard protocols. We do not guarantee compatibility with any specific third-party platform; these platforms may change their software or protocols at any time without notice. Your use of third-party platforms is governed by their respective terms of service, and we are not responsible for any fees, subscriptions, or charges imposed by third-party platforms.

Your payment information is processed directly by Stripe and is governed by Stripe’s privacy policy.

9. Support Bundles & Diagnostic Data

The Hyperborea app includes a support bundle feature that, when you choose to use it, collects and submits diagnostic information including your app version, device identifier, app logs, system logs, and other diagnostic data. Submission is voluntary and user-initiated only. Support bundles are retained only as long as reasonably needed to resolve your issue, then deleted. They are used for troubleshooting and improving the service. See our Privacy Policy for full details. Any feedback, suggestions, or ideas you provide regarding the service are non-confidential, and we may use them without restriction or obligation to you.

10. License Grant & Restrictions

The Hyperborea service, including all software, content, design, and documentation, is the property of Nettarion LLC and is protected by copyright, trademark, and other intellectual property laws. Subject to your compliance with these terms and maintenance of an active subscription, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the software on one device at a time. Upon expiration or termination of your subscription, this license is revoked and you must uninstall the software.

You may not:

• Reverse engineer, decompile, or disassemble the Hyperborea software itself
• Circumvent or attempt to circumvent licensing, device-linking, or subscription verification mechanisms
• Redistribute, resell, or sublicense the software or your account credentials
• Use the service for commercial purposes (such as in a gym, studio, or commercial facility) without a separate written agreement
• Access the service through automated means, including scraping or bots
• Remove or alter any proprietary notices in the software
• Use the service to develop a competing product

11. Privacy

Your use of Hyperborea is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the service, you consent to the collection and use of your information as described in the Privacy Policy.

12. Limitation of Liability

To the fullest extent permitted by law, Nettarion LLC and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, use, goodwill, or other intangible losses resulting from your use of or inability to use the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.

In no event shall our total aggregate liability to you for all claims arising out of or relating to the service exceed the amounts you have paid to Nettarion LLC in the twelve (12) months immediately preceding the event giving rise to the claim, or fifty U.S. dollars ($50), whichever is greater. These limitations apply even if any remedy provided under these terms fails of its essential purpose.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Nettarion LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the service, your violation of these terms, or your violation of any rights of a third party.

14. Subscription & Cancellation

Hyperborea is a paid subscription service. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account. Cancellation takes effect at the end of your current billing period. No prorated refunds are provided for partial billing periods.

We reserve the right to modify pricing. Price changes take effect at the start of your next billing cycle after notice is provided. If you do not cancel your subscription before the price change takes effect, your continued use constitutes acceptance of the new pricing.

15. Termination

We may suspend or terminate your access to Hyperborea at any time, for any reason or no reason, with or without notice. Upon termination, your right to use the service ceases immediately. You must uninstall any Hyperborea software from your equipment upon termination. Sections of these terms that by their nature should survive termination will survive, including but not limited to limitation of liability, indemnification, and governing law.

You may request account deletion at any time by emailing support@hyperborea.dev.

16. Changes to Terms

We may update these terms from time to time. When we make material changes, we will notify you by updating the date at the top of this page. Continued use of the service after changes constitutes acceptance of the updated terms. If you do not agree to the revised terms, you must stop using the service.

17. Severability

If any provision of these terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

18. No Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Any waiver of any provision shall be effective only if in writing and signed by Nettarion LLC.

19. No Third-Party Beneficiaries

These terms do not confer any rights, remedies, or benefits upon any person or entity other than you and Nettarion LLC.

20. Assignment

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. These terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns.

21. Entire Agreement

These terms, together with the Privacy Policy, constitute the entire agreement between you and Nettarion LLC regarding the use of Hyperborea and supersede all prior agreements, understandings, and communications, whether written or oral.

22. Dispute Resolution

Informal Resolution. Before initiating any legal proceeding, you agree to first contact us at support@hyperborea.dev with a written description of your dispute. Both parties agree to attempt to resolve any dispute informally for at least 30 days before pursuing further action. Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

Binding Arbitration. If a dispute cannot be resolved informally, you and Nettarion LLC agree to resolve it through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration will take place in the Commonwealth of Virginia or, at your election, by telephone or video conference. Each party shall bear its own costs of arbitration except as the AAA rules require otherwise.

Class Action Waiver. All disputes must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.

Jury Trial Waiver. To the extent any dispute proceeds in court rather than arbitration, you and Nettarion LLC each waive the right to a jury trial.

Small Claims Exception. Either party may bring an individual action in small claims court in lieu of arbitration.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@hyperborea.dev within 30 days of creating your account. If you opt out, disputes will be resolved in the state or federal courts of the Commonwealth of Virginia.

Time Limitation. Any claim arising under these terms must be brought within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim, or the claim is permanently barred.

23. Governing Law

These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Any legal action or proceeding arising under these terms shall be brought exclusively in the state or federal courts located in the Commonwealth of Virginia.

24. Contact

If you have questions about these terms, contact us at support@hyperborea.dev.