Terms of Service

1. Agreement to Terms

Moku Coach is a product and service of Moku Labs LLC, a Florida limited liability company (“Company,” “we,” “us,” or “our”). Moku Coach is an AI-powered fitness and endurance coaching application that provides personalized training plans, adaptive workout recommendations, and intelligent coaching support to help athletes achieve their goals across triathlon, running, cycling, swimming, and other endurance disciplines.

These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”), and Moku Labs LLC, concerning your access to and use of the Moku Coach website (moku.coach, app.moku.coach) and related services (collectively, the “Service”).

You agree that by accessing our website and/or Service, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are prohibited from using our website and Service and must discontinue use immediately.

We recommend that you save or print a copy of these Terms for future reference.

2. AI-Generated Content Disclaimer

2.1 Nature of AI Coaching

Moku Coach uses artificial intelligence, including large language models and algorithmic systems, to generate coaching responses, training plans, workout recommendations, pacing guidance, nutrition suggestions, and other fitness-related content (“AI-Generated Content”). You acknowledge and agree that:

• All coaching responses, training plans, and workout recommendations provided through the Service are generated by artificial intelligence, not by a human coach, certified personal trainer, licensed medical professional, or registered dietitian.
• AI-Generated Content is produced algorithmically based on the information you provide and general fitness principles. It may contain errors, inaccuracies, or recommendations that are unsuitable for your individual circumstances.
• The AI does not have the ability to physically assess you, observe your form, evaluate your injury history in a clinical setting, or account for all relevant medical or physiological factors.

2.2 Not a Substitute for Professional Advice

AI-Generated Content is for informational and general fitness guidance purposes only and is NOT a substitute for:

• Professional medical advice, diagnosis, or treatment from a licensed physician or healthcare provider
• Evaluation and guidance from a certified coach, personal trainer, or sports medicine professional
• Nutritional counseling from a registered dietitian or licensed nutritionist
• Mental health counseling from a licensed therapist or psychologist

You should always consult with a qualified healthcare professional before beginning any new exercise program, especially if you have any pre-existing medical conditions, injuries, or health concerns. If you experience pain, dizziness, shortness of breath, chest discomfort, or any other concerning symptoms during exercise, stop immediately and seek medical attention.

2.3 Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO TRAINING PLANS, WORKOUT RECOMMENDATIONS, PACING GUIDANCE, AND NUTRITION SUGGESTIONS, IS ENTIRELY AT YOUR OWN RISK.

Physical exercise and athletic training carry inherent risks of injury, illness, disability, and in extreme cases, death. By using the Service, you:

• Assume full responsibility for any risks, injuries, or damages, known or unknown, that you may incur as a result of following or relying on AI-Generated Content
• Acknowledge that AI-generated training plans may not account for your complete medical history, biomechanical limitations, environmental conditions, or other individual factors that a qualified professional would consider
• Agree that you are solely responsible for determining whether any AI-Generated Content is appropriate for your fitness level, health status, and individual circumstances
• Understand that workout intensity, volume, and progression recommendations generated by AI may not be appropriate for all individuals and could result in overtraining, injury, or other adverse outcomes if followed without professional oversight

2.4 Limitation of Liability for AI-Generated Content

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOKU LABS LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, ILLNESS, DISABILITY, DEATH, OR ANY OTHER DAMAGE OR LOSS (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE) ARISING FROM OR RELATED TO YOUR USE OF OR RELIANCE ON AI-GENERATED CONTENT, including but not limited to:

• Physical injuries sustained while performing AI-recommended workouts
• Overtraining syndrome, stress fractures, tendon injuries, or other repetitive strain injuries
• Aggravation of pre-existing medical conditions or injuries
• Adverse outcomes from following AI-generated nutrition or hydration guidance
• Any losses or damages resulting from inaccuracies, errors, or omissions in AI-Generated Content

3. Third-Party Integrations and Strava Data Usage

3.1 Strava Integration

Moku Coach offers optional integration with Strava and other third-party fitness platforms (“Third-Party Services”). By connecting your Strava account or other Third-Party Services to Moku Coach, you acknowledge and agree that:

• We access your Strava data solely to provide and improve the coaching features of the Service. This may include activity data (e.g., runs, rides, swims), performance metrics (e.g., pace, heart rate, power), training history, and profile information.
• Your use of Strava is governed by Strava’s own Terms of Service and Privacy Policy. We are not responsible for Strava’s data practices.
• We will use your Strava data in accordance with our Privacy Policy and the permissions you grant through the Strava OAuth authorization process.
• You may disconnect your Strava account from Moku Coach at any time through your account settings. Upon disconnection, we will cease accessing new data from Strava, though previously imported data may be retained in accordance with our data retention policy (see Section 7.6).

3.2 Third-Party Service Availability

We do not guarantee the continued availability of any Third-Party Service integration. If a Third-Party Service modifies its API, terms, or access policies, certain features of the Service may be reduced or unavailable. We are not liable for any disruption caused by changes to Third-Party Services.

3.3 Your Responsibilities

You are responsible for complying with the terms of service of any Third-Party Services you connect to Moku Coach. You represent that you have the right to share your Third-Party Service data with us for the purposes described herein.

4. Intellectual Property Rights

Unless otherwise stated, we own the intellectual property rights for all material on Moku Coach, including but not limited to the software, algorithms, AI models (to the extent proprietary), user interface design, logos, trademarks, and written content. All intellectual property rights are reserved.

You may access material from Moku Coach for your own personal, non-commercial use, subject to the restrictions set in these Terms.

You must not:

• Republish material from Moku Coach
• Sell, rent, or sub-license material from Moku Coach
• Reproduce, duplicate, or copy material from Moku Coach for commercial purposes
• Redistribute content from Moku Coach
• Reverse engineer, decompile, or attempt to extract the source code or underlying algorithms of the Service
• Use automated tools (scrapers, bots, etc.) to extract data or content from the Service

This agreement does not grant you any rights to use our trademarks, logos, or other brand features, including the Moku Coach name and logo.

5. User Accounts

When you create an account with us, you guarantee that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your devices and account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

6. Scope of Services

Moku Coach provides AI-powered fitness and endurance coaching services, which may include but are not limited to:

• Personalized training plan generation for triathlon, running, cycling, swimming, and other endurance activities
• Adaptive workout recommendations based on your performance data and goals
• AI-driven coaching conversations and guidance
• Integration with third-party fitness platforms (e.g., Strava)
• Performance analytics and progress tracking

The scope of the Service may expand or change over time. We reserve the right to modify, add, or remove features at our discretion, subject to the notice provisions in Section 13.

7. Subscription, Payments, and Refunds

7.1 Payment Processing — Paddle as Merchant of Record

All payments for Moku Coach subscriptions are processed by Paddle.com Market Limited (“Paddle”), which acts as our Merchant of Record. This means:

• When you purchase a subscription, your contract for payment is with Paddle, not directly with Moku Labs LLC.
• Paddle is responsible for handling payment processing, sales tax, VAT, and other transaction-related tax obligations.
• Your payment information is collected and processed by Paddle and is never stored on our servers.
• Your transaction is subject to Paddle’s Terms of Use and Paddle’s Privacy Policy in addition to these Terms.
• Paddle supports various payment methods including credit cards, debit cards, PayPal, and other regional payment options.
• Invoices and receipts are issued by Paddle on behalf of Moku Labs LLC.

7.2 Subscription Billing

Monthly Subscriptions: Billed monthly in advance. Your subscription will automatically renew each month unless cancelled.

Annual Subscriptions: Billed annually in advance. Your subscription will automatically renew each year unless cancelled.

You authorize Paddle to charge your selected payment method for the initial subscription period and each renewal period. We will notify you in advance of any price changes.

7.3 30-Day Money-Back Guarantee

We want you to be completely satisfied with Moku Coach. If you are not happy with our Service for any reason, you can request a full refund within 30 days of your initial purchase or subscription renewal.

This 30-day guarantee applies to:

• New subscriptions (first 30 days)
• Annual subscription renewals (first 30 days of renewal)
• Upgrades to higher-tier plans (first 30 days after upgrade)

7.4 Refund Policy

Within 30 Days: Full refund available for any reason. Contact us at support@moku.coach with your order details.

After 30 Days:

• Monthly subscriptions: No refunds for the current billing period. You can cancel anytime and continue using the Service until the end of your current billing period.
• Annual subscriptions: We offer prorated refunds for unused months. For example, if you cancel after 3 months of a 12-month subscription, you will receive a refund for the remaining 9 months.

7.5 How to Request a Refund

To request a refund, please email support@moku.coach with:

• Your order number or Paddle transaction ID
• The email address associated with your account
• Reason for the refund request (optional but helpful)

Refunds are typically processed within 5–7 business days. The refund will be issued to your original payment method via Paddle.

7.6 Cancellation Policy

You may cancel your subscription at any time through your account settings or by contacting support@moku.coach. Cancellations must be received at least 48 hours before your renewal date to avoid being charged for the next billing period.

Upon cancellation:

• Your subscription remains active until the end of the current billing period
• You retain access to all features until the subscription expires
• Your data is retained for 90 days after account cancellation to allow for reactivation. After 90 days, your data will be permanently deleted in accordance with our Privacy Policy.
• No partial refunds are provided for monthly subscriptions

7.7 Exceptions and Special Circumstances

We reserve the right to refuse refunds in cases of:

• Violation of these Terms of Service
• Fraudulent or abusive refund requests
• Excessive refund requests from the same user

However, this does not affect your statutory rights as a consumer, particularly if our Service is not as described or fit for purpose.

7.8 Regional Compliance

EU/UK Residents: In accordance with EU and UK consumer protection laws, you have the right to cancel your subscription within 14 days of purchase without giving any reason. However, by starting to use our Service immediately upon subscription, you acknowledge that you may waive this right of withdrawal once you begin accessing the Service, to the extent permitted by applicable law.

California Residents: California residents have specific rights under the California Consumer Privacy Act (CCPA). For more information, please refer to our Privacy Policy.

7.9 Disputes and Chargebacks

If you have any issues with a charge, please contact us at support@moku.coach before initiating a chargeback with your bank or credit card company. Because Paddle is the Merchant of Record, billing disputes may also be directed to Paddle’s support team. We are committed to resolving any billing issues promptly and fairly.

Initiating a chargeback without first attempting to resolve the issue with us may result in the suspension or termination of your account.

8. User Content

Our Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, or other material (“User Content”). You are responsible for the User Content that you post on or through the Service.

By posting User Content on or through the Service, you represent and warrant that:

• The content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms
• The posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your User Content or your account, subject to the data retention period described in Section 7.6.

We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason.

9. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make it available. The Service may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Service, you agree not to:

• Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory
• Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited communications
• Use the Service to advertise or offer to sell goods and services
• Circumvent, disable, or otherwise interfere with security-related features of the Service
• Engage in unauthorized framing of or linking to the Service
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
• Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service
• Use the Service in a manner inconsistent with any applicable laws or regulations
• Attempt to reverse engineer, decompile, or extract AI models, algorithms, or training data from the Service
• Use the Service to develop competing AI coaching products or services
• Share your account credentials with third parties or operate the account on behalf of others without our written consent

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOKU LABS LLC, ITS MEMBERS, MANAGERS, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR OFFICERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, OR ANY AI-GENERATED CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Personal injury, pain and suffering, emotional distress
• Physical injuries resulting from following AI-generated workout recommendations or training plans
• Loss of revenue, loss of profits, loss of business or anticipated savings
• Loss of use, loss of goodwill, loss of data
• Any damages arising from overtraining, fatigue, or injury related to AI-generated training guidance

WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US (VIA PADDLE) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

11. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Moku Labs LLC, its members, managers, affiliates, and its licensors do not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Service is free of viruses or other harmful components
• The results of using the Service will meet your requirements
• AI-Generated Content will be accurate, complete, reliable, or suitable for your particular circumstances
• Training plans or workout recommendations will produce any specific fitness outcomes

12. Indemnification

You agree to defend, indemnify, and hold harmless Moku Labs LLC, its members, managers, affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service, including but not limited to any injuries or damages resulting from your reliance on AI-Generated Content
• Your violation of any third-party rights, including intellectual property rights
• Any content you post or submit through the Service
• Your use of data obtained from Third-Party Service integrations in violation of those services’ terms

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

For material changes, we will provide at least 30 days’ notice prior to the new terms taking effect. Notice will be provided by email to the address associated with your account and/or by prominent notice on the Service. What constitutes a material change will be determined at our sole discretion, but will include, at minimum, changes to pricing, liability limitations, arbitration provisions, or data handling practices.

For non-material changes (e.g., clarifications, formatting, typographical corrections), we may update these Terms without advance notice, and the revised “Last Updated” date at the top of these Terms will indicate that changes have been made.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and should cancel your subscription.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

14.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted as follows:

• Venue: The arbitration shall take place in Manatee County, Florida, or may be conducted remotely at the mutual agreement of the parties.
• Language: English
• Arbitrator: A single arbitrator shall be appointed in accordance with AAA rules.
• Decision: The decision of the arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
• Costs: Each party shall bear its own costs and attorneys’ fees, unless the arbitrator determines otherwise.
• Class Action Waiver: YOU AND MOKU LABS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

14.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may:

• Seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm
• Bring claims in small claims court in Manatee County, Florida, if the claim qualifies

14.4 Severability and Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court or arbitrator, the remaining provisions of these Terms will remain in full force and effect. If the class action waiver in Section 14.2 is found to be unenforceable, then the entirety of the arbitration provision shall be null and void, and the dispute shall proceed in court in Manatee County, Florida.

15. Data Retention

Upon cancellation or termination of your account:

• Your data (including training history, AI coaching conversations, connected Third-Party Service data, and account information) will be retained for 90 days following cancellation to allow for account reactivation.
• After 90 days, your data will be permanently and irreversibly deleted from our systems and backups.
• If you wish to have your data deleted sooner, you may submit a data deletion request to support@moku.coach. We will process such requests within 30 days, subject to any legal retention obligations.
• Data that has been anonymized and aggregated for analytical purposes may be retained indefinitely, as it cannot be traced back to you.

For full details on how we collect, use, and protect your personal data, please see our Privacy Policy.

16. Eligibility

You must be at least 16 years of age to use the Service. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using the Service, you represent and warrant that you meet these eligibility requirements.

17. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination:

• Your right to use the Service will immediately cease
• Data retention provisions of Section 15 will apply
• All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, intellectual property provisions, warranty disclaimers, indemnification, limitation of liability, and the arbitration/dispute resolution provisions

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Service, constitute the entire agreement between you and Moku Labs LLC regarding your use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

19. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Moku Labs LLC

Operating as Moku Coach

Email: support@moku.coach

Website: moku.coach

App: app.moku.coach