Last Updated: January 29, 2026
1. Agreement to Terms
Chalky is operated by Sia Khorsand as a sole proprietorship ("I," "me," "my," or "Chalky"). By downloading, installing, accessing, or using the Chalky mobile application (the "App") or any related services, you ("User" or "you") agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the App.
These Terms constitute a legally binding agreement between you and Sia Khorsand. I reserve the right to modify these Terms at any time. Continued use of the App after modifications constitutes acceptance of the updated Terms.
2. Eligibility
You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
3. Health and Fitness Disclaimer
THE APP IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION.
Chalky provides fitness tracking, workout logging, and AI-generated coaching suggestions for informational and educational purposes only. The App is not a substitute for professional medical advice, diagnosis, or treatment. You should:
- Consult a qualified healthcare provider before beginning any exercise program
- Seek immediate medical attention if you experience pain, dizziness, or discomfort during exercise
- Not rely on AI-generated form feedback as a substitute for instruction from a qualified fitness professional
- Understand that AI recommendations are algorithmically generated and may not account for your specific health conditions
4. Assumption of Risk
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- Physical exercise and athletic activities involve inherent risks of serious injury, permanent disability, or death
- You voluntarily assume all risks associated with your use of the App and any exercise activities you undertake
- You are solely responsible for determining whether any exercise, workout plan, or coaching suggestion is appropriate for your fitness level and health status
- AI-generated form analysis and coaching recommendations may contain errors and should not be relied upon as professional instruction
- You release and hold harmless Sia Khorsand from any and all claims, damages, or liabilities arising from your exercise activities, even if caused in whole or in part by negligence
5. License and Restrictions
Subject to your compliance with these Terms, I grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial use. You agree not to:
- Copy, modify, distribute, sell, or lease any part of the App
- Reverse engineer, decompile, or attempt to extract the source code
- Use the App for any unlawful purpose or in violation of any applicable laws
- Attempt to gain unauthorized access to the App's systems or networks
- Use automated systems or bots to access the App
- Interfere with or disrupt the App's functionality
6. User Content
You retain ownership of content you submit to the App (workout logs, videos, notes). By submitting content, you grant me a worldwide, royalty-free, non-exclusive license to use, process, store, and display your content solely for the purpose of providing and improving the App's services. You represent that you have all necessary rights to submit such content.
7. Subscriptions and Payments
Certain features require a paid subscription ("Pro"). Subscriptions are processed through Apple's App Store:
- Payment is charged to your Apple ID account upon purchase confirmation
- Subscriptions automatically renew unless auto-renewal is disabled at least 24 hours before the current period ends
- You can manage and cancel subscriptions in your Apple ID Account Settings
- Refunds are handled according to Apple's refund policies
- I reserve the right to change subscription pricing with reasonable notice
8. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by applicable law, I disclaim all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the App will be uninterrupted, error-free, secure, or free of viruses
- Warranties regarding the accuracy, reliability, or completeness of any content, including AI-generated recommendations
- Warranties that the App will meet your requirements or expectations
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Sia Khorsand shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for:
- Personal injury, bodily harm, or death
- Loss of profits, revenue, data, or goodwill
- Business interruption or loss of business opportunity
- Any other intangible losses
In no event shall my total liability to you for all claims arising from or related to the App exceed the greater of: (a) the amount you paid for the App in the twelve (12) months preceding the claim, or (b) fifty US dollars ($50).
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, my liability shall be limited to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Sia Khorsand from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use or misuse of the App
- Your violation of these Terms
- Your violation of any third-party rights
- Your exercise activities or reliance on App content
- Any content you submit to the App
11. Termination
I may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.
12. Dispute Resolution
Informal Resolution: Before initiating any formal dispute proceeding, you agree to first contact me at support@chalky-app.com to attempt to resolve the dispute informally.
Binding Arbitration: Any dispute arising from these Terms or your use of the App that cannot be resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in California, USA, and judgment on the arbitration award may be entered in any court of competent jurisdiction.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in California.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Sia Khorsand regarding the App and supersede all prior agreements and understandings.
16. Contact Information
For questions about these Terms:
Sia Khorsand (Sole Proprietor)
Email: support@chalky-app.com
