Last Updated: July 11, 2026
These Terms of Use ("Terms") govern your access to and use of the Chalky mobile application, chalky-app.com, and related products and services (collectively, the "Services"). Chalky is operated by Sia Khorsand as a sole proprietorship ("Chalky," "I," "me," or "my").
By downloading, accessing, purchasing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 13 years old to use the Services. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
You may not use the Services if applicable law prohibits you from doing so.
2. Accounts
Some features require an account. You agree to provide accurate information, keep your login credentials secure, and promptly notify Chalky of suspected unauthorized access.
You are responsible for activity conducted through your account unless caused by Chalky's failure to use reasonable security measures. You may not transfer, sell, or share your account in a way that compromises the Services or another user's privacy.
3. Health, Fitness, and Medical Disclaimer
CHALKY IS NOT A MEDICAL DEVICE OR HEALTHCARE PROVIDER. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, PHYSICAL THERAPY, OR EMERGENCY SERVICES.
Chalky provides workout logging, analytics, adaptive planning, automated coaching suggestions, form feedback, research summaries, website content, and related fitness information for general informational and educational purposes only.
The Services are not a substitute for advice or supervision from a physician, physical therapist, certified trainer, or other qualified professional. Chalky does not know your complete health history, injuries, limitations, equipment, environment, or technique.
Before beginning or changing an exercise program, consult a qualified healthcare professional when appropriate. Stop exercising and seek professional or emergency help if you experience pain, faintness, chest discomfort, severe shortness of breath, loss of balance, or other concerning symptoms.
Never disregard professional advice because of information provided by the Services.
4. Automated and Model-Generated Content
The Services may use automated systems, including language and vision models, to interpret workout information, analyze uploaded content, and generate suggestions.
Automated outputs may be inaccurate, incomplete, delayed, inconsistent, or unsuitable for you. Form analysis may fail to detect dangerous technique or may incorrectly flag safe movement. You are responsible for evaluating outputs and deciding whether to follow them.
Chalky does not guarantee that recommendations will improve performance, prevent injury, produce a particular result, or be appropriate for any medical condition.
5. Assumption of Risk
Physical exercise, strength training, athletic activity, and use of exercise equipment involve inherent risks, including property damage, muscle strain, falls, serious injury, permanent disability, and death.
To the fullest extent permitted by law, you voluntarily assume the risks associated with:
- Exercises, workouts, plans, cues, or suggestions you choose to perform
- Equipment, facilities, environments, or training partners you choose to use
- Your reliance on automated analysis, estimates, research summaries, or coaching suggestions
- Your failure to obtain appropriate medical or professional guidance
You are solely responsible for selecting safe exercises, loads, equipment, surroundings, and supervision appropriate to your circumstances.
Nothing in these Terms excludes liability that cannot lawfully be excluded.
6. License to Use the Services
Subject to these Terms, Chalky grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for lawful, non-commercial purposes.
Chalky and its licensors retain all rights, title, and interest in the Services, including software, designs, text, graphics, trademarks, models, workflows, and other content, excluding User Content as defined below.
7. Acceptable Use
You may not:
- Copy, modify, distribute, sell, lease, sublicense, or create unauthorized derivative works from the Services
- Reverse engineer, decompile, disassemble, or attempt to extract source code, models, system prompts, or non-public data, except where the law expressly permits it
- Circumvent subscriptions, access controls, rate limits, security measures, or usage restrictions
- Probe, scan, test, disrupt, overload, or interfere with the Services or related infrastructure
- Use bots, scrapers, or automated systems to access the Services without written permission
- Upload malware, unlawful content, or content that infringes another person's rights
- Impersonate another person or misrepresent your affiliation
- Use the Services to develop or benchmark a competing product without authorization
- Use the Services in a manner that violates law, promotes unsafe conduct, or harms Chalky, users, or third parties
Chalky may investigate suspected violations and restrict or terminate access where reasonably necessary.
8. User Content
"User Content" means information or material you submit to the Services, including workout logs, notes, goals, feedback, images, videos, and audio.
You retain ownership of your User Content. You grant Chalky a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, adapt, and create technical derivatives of User Content only as reasonably necessary to:
- Provide, secure, maintain, and improve the Services
- Generate requested analysis, recommendations, and support
- Troubleshoot technical issues and prevent abuse
- Comply with law and enforce these Terms
This license ends when the relevant User Content is deleted from active systems, except for reasonable backup retention, legal obligations, and de-identified information.
You represent that you have all rights and permissions necessary to submit User Content. In particular, do not upload a recording of another person without their permission.
Chalky does not claim ownership of your User Content and does not obtain the right to sell it merely because you upload it.
9. Feedback
If you provide ideas, suggestions, or feedback about the Services, you grant Chalky a perpetual, worldwide, royalty-free right to use that feedback without restriction or compensation, provided Chalky does not publicly identify you as the source without permission.
10. Subscriptions, Billing, and Cancellation
Certain features may require an auto-renewable subscription, such as Chalky Pro.
For subscriptions purchased through Apple's App Store:
- Payment is charged to your Apple ID account when you confirm the purchase
- The subscription renews automatically for the selected period unless canceled before renewal in accordance with Apple's requirements
- Your account may be charged for renewal within the period disclosed by Apple before the current subscription ends
- You can manage or cancel subscriptions through your Apple ID subscription settings
- Deleting the App or your Chalky account does not automatically cancel an App Store subscription
- Refund requests and billing disputes are handled under Apple's applicable policies
- Prices, taxes, trial terms, and subscription periods are displayed in the purchase flow and may vary by country or region
Chalky may change prices or available plans prospectively. Any change to an active App Store subscription will be handled through Apple's processes and applicable notice or consent requirements.
If a free trial or promotional offer is provided, eligibility and conversion terms will be displayed before purchase. Unless canceled in time, a trial may convert to a paid subscription as disclosed in the purchase flow.
11. Availability and Changes to the Services
Chalky may add, remove, modify, suspend, or discontinue features. Chalky does not guarantee that every feature will always be available, compatible with every device, or preserved in its current form.
Chalky may impose reasonable usage limits to protect service quality, control costs, prevent abuse, or comply with provider restrictions.
Where practical, Chalky will try to provide notice before materially discontinuing a paid feature, but urgent security, legal, or operational changes may occur without advance notice.
12. Third-Party Services
The Services may depend on or link to third-party services, including Apple, authentication providers, cloud infrastructure, analytics, and automated model providers. Chalky does not control and is not responsible for third-party services, terms, content, availability, or security.
Your use of a third-party service may be governed by separate terms and privacy policies.
13. Intellectual Property and Copyright Complaints
The Services and Chalky's content are protected by intellectual-property laws. "Chalky," associated logos, and product branding may not be used without permission.
If you believe content available through the Services infringes your copyright, email sia@chalky-app.com with sufficient information to identify the work, the allegedly infringing material, your contact details, a statement of good-faith belief, and a statement that your notice is accurate and authorized.
14. Suspension and Termination
You may stop using the Services at any time. You may request account deletion by contacting Chalky or using an in-app deletion feature if available.
Chalky may suspend or terminate access if Chalky reasonably believes you violated these Terms, created risk or legal exposure, failed to pay applicable fees, abused the Services, or compromised security.
Upon termination, your license to use the Services ends. Sections that by their nature should survive will remain effective, including sections concerning ownership, User Content licenses required for wind-down and backups, disclaimers, limitations of liability, indemnification, dispute resolution, and general terms.
15. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
Chalky disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising from course of dealing or usage of trade.
Chalky does not warrant that the Services will be uninterrupted, error-free, secure, accurate, complete, free of harmful components, or suitable for your goals. Chalky does not warrant any specific fitness, health, performance, or commercial outcome.
Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CHALKY AND SIA KHORSAND WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR USE, ARISING OUT OF OR RELATED TO THE SERVICES.
To the fullest extent permitted by law, Chalky is not liable for injuries, property damage, or losses resulting from exercise activities, equipment use, reliance on automated content, or failure to obtain professional advice, except to the extent such liability cannot lawfully be limited.
To the fullest extent permitted by law, Chalky's total aggregate liability for all claims arising out of or relating to the Services will not exceed the greater of:
- The amount you paid to Chalky for the Services during the 12 months before the event giving rise to the claim; or
- Fifty U.S. dollars (US $50).
The limitations in this section apply regardless of the legal theory and even if Chalky was advised that damages were possible. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
17. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Sia Khorsand and Chalky from claims, liabilities, damages, judgments, losses, and reasonable costs arising from:
- Your unlawful or abusive use of the Services
- Your material violation of these Terms
- User Content that infringes or violates another person's rights
- Your intentional misconduct or violation of law
This obligation does not require you to indemnify Chalky for Chalky's own fraud, willful misconduct, or liability that cannot legally be shifted to you.
18. Informal Dispute Resolution
Before filing a formal claim, you agree to email sia@chalky-app.com and provide a brief description of the dispute and requested resolution. Both parties agree to attempt in good faith to resolve the dispute informally for at least 30 days.
This requirement does not prevent either party from seeking urgent injunctive or equitable relief where necessary.
19. Arbitration and Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for disputes that qualify for small-claims court and requests for urgent injunctive relief, any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be resolved through binding individual arbitration administered by the American Arbitration Association under its applicable consumer rules.
Arbitration may occur remotely, by documents, or in a mutually agreed location, subject to the administrator's rules and applicable law. The arbitrator may award the same individual remedies available in court.
You and Chalky agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in a class, consolidated, coordinated, mass, or representative proceeding, to the extent permitted by law.
30-Day Right to Opt Out
You may opt out of this arbitration section by emailing sia@chalky-app.com within 30 days after you first accept these Terms. Your notice must include your name, the email associated with your Chalky account, and a clear statement that you are opting out of arbitration. Opting out will not affect any other provision of these Terms.
If any portion of the class-action waiver is found unenforceable for a particular claim, that claim will proceed in court after any arbitrable claims are completed, unless applicable law requires otherwise.
20. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent federal law applies.
For disputes not subject to arbitration, you and Chalky consent to the personal jurisdiction and venue of the state and federal courts located in Orange County, California, unless applicable consumer law requires another forum.
21. Apple-Specific Terms
If you downloaded the App from Apple's App Store, you acknowledge that:
- These Terms are between you and Chalky, not Apple
- Apple is not responsible for the App, maintenance, support, warranties, claims, or content
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the applicable App Store-related provisions against you
- Your use of the App must comply with the App Store terms and applicable usage rules
Nothing in this section limits any rights you have against Apple under Apple's own terms or applicable law.
22. Changes to These Terms
Chalky may update these Terms. The updated Terms will be posted with a revised "Last Updated" date. If a change materially affects your rights, Chalky will provide additional notice where required.
Your continued use of the Services after revised Terms take effect constitutes acceptance, except where applicable law requires a different form of consent.
23. General Terms
These Terms and the Privacy Policy constitute the entire agreement between you and Chalky concerning the Services, except for additional terms presented for a specific feature or purchase.
If any provision is invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain effective.
Chalky's failure to enforce a provision is not a waiver. You may not assign these Terms without Chalky's written consent. Chalky may assign these Terms as part of a restructuring, financing, merger, acquisition, or transfer of the Services.
Headings are for convenience only. The words "including" and "includes" mean "including without limitation."
24. Contact
Questions about these Terms may be sent to:
Sia Khorsand, Sole Proprietor
Email: sia@chalky-app.com
