Terms of Use

1. The Service

Kelesto is a fitness and wellness service. It may help you view and organise activity, workouts, sleep, heart-rate-related data, recovery, training load, goals and other wellness information; create and track training plans; view fitness-progress reports; and, if you choose, use social features such as profiles, Friends, Clubs, reactions and invitations.

Features, insights, scores, trends, reports and recommendations are general wellness information only. They may be incomplete, delayed, inaccurate, unavailable or unsuitable for you. Features can vary by country or region, device, operating system, app version, language, subscription, permissions and available data. We may add, change, suspend or retire features where reasonably necessary for security, legal, technical, product or business reasons. Where a change materially reduces a paid feature during a current paid period, we will act as required by applicable law.

2. Important health and safety notice

Kelesto is not a medical device, healthcare provider, emergency service, or substitute for professional medical advice, diagnosis, treatment or monitoring. We do not diagnose, prevent, treat, cure or manage any disease, injury, condition or emergency. Kelesto does not create a doctor-patient or other professional relationship.

Do not use the Service to make medical decisions, delay medical advice or respond to an emergency. Consult a qualified healthcare professional before beginning, changing or resuming exercise, sleep, nutrition, recovery or other health-related activity, especially if you are pregnant, have an injury or medical condition, take medication, have a history of disordered eating or have been advised to limit physical activity. Stop activity and seek medical advice if you experience pain, dizziness, shortness of breath, fainting or other concerning symptoms. In an emergency, contact local emergency services immediately.

You decide whether and how to act on information in the Service, and you are responsible for doing so safely. Wearable and third-party measurements are not guaranteed to be accurate or clinically validated for your circumstances.

3. Eligibility and accounts

The Service is intended only for people 18 years or older. Do not create or use an account if you are under 18. If you believe that someone under 18 has provided personal information to Kelesto, contact us at contact@kelesto.com.

You must provide accurate, current account information and keep it up to date. You are responsible for safeguarding your sign-in credentials and for activity through your account. Tell us promptly at contact@kelesto.com if you suspect unauthorised access. You may not sell, transfer, share or create accounts for another person, impersonate another person, or evade a suspension or restriction.

We may request reasonable information to protect the Service, investigate abuse, verify a request or comply with law. We may suspend or terminate an account where we reasonably believe that these Terms, law, or the safety of users or the Service requires it.

4. Apple Health and third-party services

If you choose to connect Apple Health, Kelesto may request permission to read the categories shown in the Apple permission screen, including activity, workouts, sleep, heart metrics and other wellness observations. Permission is voluntary and controlled by you in Apple Health and iOS Settings. You can change or revoke it at any time.

Kelesto’s Apple Health integration is read-only: it does not write data to Apple Health. Apple Health data is handled as described in the Privacy Policy. We do not sell Apple Health data or use it for advertising, marketing, cross-context behavioural advertising or unrelated data mining. We use it only to provide the health-management and wellness functions you request and to improve those functions as permitted by applicable law and our Privacy Policy.

Apple Health, Apple, the App Store and other third-party products or services are governed by their own terms and privacy practices. We are not responsible for their availability, accuracy, security, acts, omissions or policies. Disconnecting a third-party service can affect related features and does not itself delete information Kelesto has already processed; see the Privacy Policy and Section 10.

5. Social features and your content

The Service may let you create a profile or share information with Friends or Clubs. Sharing is optional. You control the sharing choices made available in the Service, including metric selections and visibility settings. Anyone who can see information you share may copy, describe or re-share it outside the Service. Do not share information you would not want another person to see.

Your Content means material you submit or make available through social or support features, including profile details, handles, text, photos, workout details, reactions, feedback and associated sharing choices. You keep ownership of Your Content. To operate, secure, moderate and provide the Service, you grant Kelesto a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, store, reproduce, format, display, distribute and otherwise use Your Content only as necessary to provide the Service, according to your selected sharing settings, these Terms and our Privacy Policy. This licence ends when Your Content is deleted from the Service, except where it has been shared with other users, remains in backups for a limited period or must be retained for legal, security, fraud-prevention or dispute-resolution purposes.

You are responsible for Your Content and must have all rights, permissions and consents needed to submit it and grant this licence. We do not claim ownership of your personal health data.

6. Community rules; reporting and moderation

You must not use the Service or submit content that:

• is unlawful, fraudulent, deceptive, defamatory, threatening, harassing, hateful, discriminatory, sexually exploitative, violent or otherwise harmful;
• bullies, stalks, doxxes, impersonates or exploits another person;
• contains another person’s private, sensitive, health, financial or identifying information without permission;
• infringes intellectual-property, privacy, publicity or other rights;
• is spam, unsolicited advertising, deceptive promotion or malicious code;
• attempts to obtain credentials, bypass security, scrape the Service, reverse engineer it except where law cannot prohibit that activity, interfere with the Service or create excessive automated requests; or
• violates applicable law or encourages others to do so.

Use the in-app report and block tools to report abusive content or users. We may investigate reports, remove or limit content, restrict sharing, suspend or terminate accounts, preserve evidence and cooperate with lawful requests. We do not promise to monitor all content, verify users or resolve every disagreement. You remain responsible for your interactions with other users and should use sensible precautions.

If you believe content infringes your copyright or other rights, contact contact@kelesto.com with enough information for us to identify the material and evaluate the request.

7. Subscriptions, free trial and payment

Kelesto offers auto-renewing Premium subscriptions through Apple’s App Store. Available plans, local prices, currencies, taxes, billing period, trial eligibility and included features are shown to you by Apple before purchase. The available plan types are monthly, six-month and annual subscriptions. The price shown in the App Store for your country or region controls.

Free trial

Eligible new subscribers may receive a 7-day free trial. Apple determines eligibility and displays the exact offer terms before you confirm. Unless you cancel through Apple before the trial ends, your selected subscription automatically converts to a paid, auto-renewing subscription and Apple charges your Apple ID payment method at the price and frequency disclosed at purchase. A trial may be unavailable, changed or withdrawn where permitted by law; it is not redeemable for cash and is limited to the offer Apple displays.

Renewal, cancellation and refunds

Your subscription renews automatically until you cancel it. You can manage or cancel it in Apple ID subscription settings: Settings → [your name] → Subscriptions → Kelesto, or through Apple Support. Cancel before the renewal date shown by Apple to avoid the next charge. Deleting the app, signing out or deleting your Kelesto account does not cancel an Apple subscription.

Apple, not Kelesto, processes App Store payments, manages the billing relationship and handles refunds under Apple’s policies and applicable law. For an App Store purchase, request a refund from Apple. We may help with access or technical issues, but cannot promise a refund or override Apple’s decision. Price increases, renewal notices, cancellation rights and other consumer subscription rights are subject to the rules shown by Apple and mandatory laws that apply where you live.

We may provide complimentary, promotional, lifetime, tester or other access at our discretion. Such access has no cash value, is not transferable and may be changed or ended where permitted by law, except where we expressly state otherwise in writing.

8. Licence to use Kelesto

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use the app on Apple-branded devices that you own or control, and to use the Service for personal, non-commercial fitness and wellness purposes. This licence is also subject to the Apple Media Services Terms and Conditions and Apple’s applicable Usage Rules.

Kelesto and its licensors retain all rights, title and interest in the Service, including its software, designs, text, graphics, trademarks, reports, methods and other intellectual property. Except for the express licence above, these Terms grant you no rights in the Service. You may not copy, modify, distribute, lease, sell, publicly display, translate or create derivative works from the Service, except where law permits. You may not remove proprietary notices or use Kelesto’s brand without prior written permission.

9. Feedback

If you send us ideas, suggestions or feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use it without restriction or compensation. This does not give us rights to your personal information beyond the Privacy Policy.

10. Privacy, data rights and security

Our Privacy Policy explains how we collect, use, disclose, retain, protect and transfer personal data and how you may exercise applicable privacy rights. It forms part of these Terms.

You can request access, correction, export, deletion or other privacy rights using available in-app controls or contact@kelesto.com, subject to verification and applicable law. Account deletion is handled as described in the Privacy Policy. Deletion may remove access to your Kelesto account and data, but does not cancel an App Store subscription; see Section 7.

We use reasonable organisational and technical safeguards, but no online service can guarantee absolute security or uninterrupted availability. If we learn of a security incident, we will investigate and provide notices required by applicable law. Nothing in these Terms limits rights that cannot legally be limited.

11. Suspension, termination and service changes

You may stop using the Service at any time and request account deletion as described in Section 10. We may suspend, limit or terminate access when reasonably necessary to protect users, investigate or address a suspected breach of these Terms or law, prevent fraud or security harm, comply with legal obligations or maintain the Service. Where appropriate and lawful, we will give notice and an opportunity to address the issue.

On termination, your right to use the Service ends. Provisions that by their nature should survive will survive, including provisions on ownership, feedback, disclaimers, liability, disputes and permitted retention of data. Your consumer rights and the Privacy Policy continue to apply as required by law.

12. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” We do not warrant that it will be uninterrupted, secure, error-free, available at a particular time, compatible with every device, or accurate, complete or fit for a particular purpose. We do not guarantee any fitness, health, training, performance, weight, recovery, sleep or other result.

Nothing in these Terms excludes or limits a warranty, condition, remedy or liability that cannot legally be excluded or limited. This includes mandatory consumer protections that apply in your country or region.

13. Limitation of liability

To the maximum extent permitted by law, Kelesto and its licensors, suppliers, officers, employees and agents will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, data or business opportunity arising from or related to the Service or these Terms.

To the maximum extent permitted by law, Kelesto’s total liability for all claims arising from or related to the Service or these Terms will not exceed the amount you paid to Kelesto for the Service in the 12 months before the event giving rise to the claim.

These limits do not apply to liability that cannot legally be limited or excluded, including fraud, fraudulent misrepresentation, intentional misconduct, death or personal injury caused by negligence, or mandatory consumer rights where applicable.

14. Indemnity

To the extent permitted by law, you will indemnify and hold harmless Kelesto and its officers, employees, agents, licensors and suppliers from claims, losses, damages, liabilities and reasonable costs arising from Your Content, your unlawful use of the Service or your material breach of these Terms. This does not require you to indemnify us for our own negligence, intentional misconduct or violation of law.

15. Changes to these Terms

We may update these Terms to reflect changes to the Service, law or our operations. If a change is material, we will give reasonable advance notice through the Service, email or another lawful method. The updated Terms take effect on the stated date. If you do not agree, you must stop using the Service and, where applicable, cancel your subscription through Apple. Continued use after the effective date means you accept the updated Terms, except where a different process is required by law.

16. Apple-specific terms

These Terms are between you and Kelesto, not Apple Inc. Apple has no obligation to provide maintenance or support for the Service. To the maximum extent permitted by law, Apple has no warranty obligation concerning the Service; if the app fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any, under its policies. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Kelesto’s responsibility to the extent required by law.

Kelesto, not Apple, is responsible for addressing claims relating to the app or your possession or use of it, including product-liability claims, claims that the app does not meet an applicable legal or regulatory requirement, and claims under consumer-protection, privacy or similar law. In the event of a third-party claim that the app or your possession and use of it infringes intellectual-property rights, Kelesto, not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.

You must comply with applicable third-party terms when using the Service. You represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as supporting terrorism, and that you are not listed on a U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce this section against you.

17. Governing law and disputes

Before starting a formal dispute, contact us at contact@kelesto.com and provide a short description of the issue and the relief you seek. We will try in good faith to resolve it informally.

Except where mandatory law says otherwise, these Terms and any dispute arising from or related to them are governed by the laws of India, without regard to conflict-of-law rules. The courts of Jalandhar, Punjab, India have exclusive jurisdiction over such disputes, except where mandatory consumer law allows you to bring a claim elsewhere.

Nothing in these Terms removes or reduces rights you have under mandatory law in your country or region, including consumer-protection, privacy and access-to-courts rights.

18. General

These Terms, the Privacy Policy and any additional terms presented for a feature form the entire agreement between you and Kelesto about the Service. If there is a conflict, additional feature terms control for that feature and the Privacy Policy controls for personal-data processing.

You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganisation or transfer of assets, subject to applicable law. Our failure to enforce a provision is not a waiver. If any provision is unenforceable, it will be limited only to the extent necessary and the remaining provisions will remain in effect. You and Kelesto are independent parties; these Terms create no partnership, employment, agency or joint venture.

19. Contact

Questions, support requests and legal notices should be sent to:

Kelesto
India

Email: contact@kelesto.com