These Terms of Service (“Terms”) govern your access to and use of the Oykuru mobile application (the “App”), operated by IDC.AI LLC (“we,” “us,” or “our”). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
If you downloaded the App from the Apple App Store, your use is also governed by Apple’s Standard End User License Agreement (EULA), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/, which is incorporated by reference. Where these Terms and Apple’s Standard EULA conflict, Apple’s Standard EULA governs solely with respect to Apple’s own required terms (e.g., license scope and Apple’s role as a third-party beneficiary), and these Terms govern everything else, including the substantive rights and obligations between you and us.

Oykuru is a health intelligence application focused on sleep. Through a short, AI-guided conversation, Oykuru identifies which distinct sleep pattern may be behind your disrupted nights and provides guidance intended to help you address the pattern identified.
Oykuru is not a medical device and does not provide medical advice, diagnosis, or treatment. Oykuru identifies, classifies, and maps patterns based on the information you provide; it does not diagnose any medical condition or disorder, and it is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you read or received through the App.
If you believe you are experiencing a medical emergency, call 911 (or your local emergency number) immediately. Do not rely on the App in an emergency.

You must be at least 18 years old to use the App. By using the App, you represent and warrant that you meet this age requirement. The App is not directed at, and we do not knowingly collect information from, children under the age of 13.

The App may create an anonymous session for you when you first open it. You may later choose to link this session to an authenticated account (for example, through Sign in with Apple) in order to restore purchases or access your data on another device. You are responsible for maintaining the confidentiality of any credentials associated with your account and for all activity that occurs under it.

Oykuru offers the following purchase options, as described in the App at the time of purchase:
• One-Time Assessment: $9.99, a single, non-recurring purchase.
• Membership: $9.99 per month or $49.99 per year, billed on a recurring, auto-renewing basis until cancelled.
All purchases are processed through Apple’s in-app purchase system and, on our end, through our subscription management provider, RevenueCat. By making a purchase, you authorize Apple to charge your chosen payment method on a recurring basis (for Membership) until you cancel.
Membership subscriptions automatically renew for the same duration and at the same price unless cancelled at least 24 hours before the end of the current billing period. You can manage or cancel your subscription at any time through your Apple ID account settings. If you purchase the One-Time Assessment and later upgrade to a Membership within the applicable window, you may receive a credit toward your Membership purchase as described in the App at the time of upgrade.
Prices are subject to change. If we change the price of a Membership you are subscribed to, we will provide notice as required by Apple’s guidelines and applicable law before the change takes effect.

All purchases are subject to Apple’s refund policies, not ours. Because purchases are processed through the App Store, refund requests are handled entirely by Apple through Apple’s own refund request process, available at https://reportaproblem.apple.com. We do not independently grant, process, or guarantee refunds outside of Apple’s process, and we have no ability to override Apple’s refund decisions.

We use the following third-party service providers to operate the App. Our Privacy Policy and Consumer Health Data Privacy Policy describe what information is shared with each provider and why:
• Moonshot AI: processes your triage conversation prompts to generate sleep pattern classifications.
• Supabase: hosts our application database.
• RevenueCat: manages subscription and purchase processing.
• Resend: delivers transactional emails, including triage follow-up communications.
These providers operate independently and are not our agents. We are not responsible for any interruption, error, or issue caused by a third-party provider’s systems, though we will work to address any resulting impact on your use of the App.

The App, including its content, features, functionality, and the Oykuru name and logo, is owned by IDC.AI LLC and its licensors and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the App other than a limited, non-exclusive, non-transferable license to use the App for your personal, non-commercial use, in accordance with these Terms and Apple’s Standard EULA.

You agree not to:
• Use the App for any unlawful purpose or in violation of any applicable law or regulation;
• Attempt to reverse-engineer, decompile, or otherwise access the source code of the App, except as permitted by law;
• Interfere with or disrupt the operation of the App or the servers or networks used to make it available;
• Use any automated system to access the App in a manner that sends more requests than a human could reasonably produce;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

You may stop using the App and delete your account at any time through the App’s Settings, subject to the identity verification described in the App. We may suspend or terminate your access to the App if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or posed a risk to the App, other users, or us. Sections of these Terms that by their nature should survive termination (including Sections 5 through 15) will survive.

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY SLEEP PATTERN CLASSIFICATION OR GUIDANCE PROVIDED WILL BE ACCURATE OR SUITABLE FOR YOUR PARTICULAR CIRCUMSTANCES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE LESSER OF (A) $50 USD, OR (B) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. This limitation applies to the fullest extent permitted by applicable law and applies even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to indemnify and hold harmless us and our officers, employees, and service providers from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms or your misuse of the App.

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws principles.
Agreement to Arbitrate. You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App will be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court.
Class Action Waiver. You and we agree that any arbitration will be conducted on an individual basis only, and not as a class, collective, or representative action. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.
Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, and will take place in the State of Arizona, or may be conducted by telephone or videoconference where permitted by the applicable rules. This Section does not prevent either party from seeking injunctive or other equitable relief in court for infringement or misuse of intellectual property rights.

We may update these Terms from time to time. If we make material changes, we will notify you by posting the revised Terms in the App and updating the “Last Updated” date above. Your continued use of the App after any such change constitutes your acceptance of the revised Terms.

• Entire Agreement: These Terms, together with our Privacy Policy, Consumer Health Data Privacy Policy, and Apple’s Standard EULA, constitute the entire agreement between you and us regarding the App.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
• Apple as Third-Party Beneficiary: You acknowledge that Apple is a third-party beneficiary of these Terms as they relate to your license to use the App, and Apple has the right to enforce these Terms against you as a third-party beneficiary.

If you have questions about these Terms, please contact us at support@fitgenetix.com.