Terms of Service

1. Your Account and Responsibilities

To use certain features of our Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

You are responsible for ensuring that any information you provide to us is accurate, current, and complete. You agree to promptly update your account information if it changes.

2. Use of Services, AI Assistant, and Connected Third-Party Accounts

Our Services include an AI-powered assistant that helps provide personalized training recommendations and analysis. The AI assistant is powered by Mistral AI and works according to the privacy and permission settings you configure in your account. The AI assistant also includes a semantic vector search feature that allows finding relevant content by meaning, not just by keywords.

You can control what data the AI assistant can access through three permission levels: (1) Disabled - no access to your data, (2) Read Data - read-only access to your training data, and (3) Read and Edit Data - full access to read and modify your training data. You can change these settings at any time in your account settings.

When you enable AI assistant features with read or edit permissions, relevant portions of your data may be transmitted to Mistral AI for processing. This includes the use of the vector search feature, which transmits your search queries to Mistral AI for generating embeddings necessary for semantic search. By using the AI assistant with any permission level other than 'Disabled', you agree to allow Mistral AI to process your data in accordance with their privacy policy and terms of service. We have configured Mistral AI to not use your data for training their models, ensuring your privacy is protected. This means Mistral AI will not use your interactions or data to improve their AI models.

We collect anonymized conversation data to improve our AI assistant service through fine-tuning and quality improvements. All personal information is automatically anonymized before storage. This data is used exclusively for improving the quality and accuracy of our AI assistant responses and will not be used for any other purpose. You can opt out of data collection for training purposes by contacting us.

Currently, all training data (training diary, metabolism information, season plans) is entered manually by users. We plan to add integration with third-party fitness platforms and devices (such as Garmin Connect, Polar, Suunto, Wahoo, etc.) in the future to allow automatic import of activity and health data. When such integrations become available, you will be able to connect your accounts from these platforms to import your data. By connecting such accounts, you grant us permission to access, store, and process this data to provide you with our training planning and analysis services, in accordance with our Privacy Policy.

You are solely responsible for your use of these third-party services and must comply with their respective terms and conditions. We are not responsible for the data, products, or services provided by these third parties.

You represent and warrant that you have all necessary rights to grant us access to your data from these third-party services and that our use of such data as contemplated herein does not violate any third-party rights or applicable laws.

3. Service Provision, AI Assistant, and Limitations

TRUNK Services provide personalized training plans and analysis through a combination of automated systems and AI-powered assistance. The AI assistant, powered by Mistral AI, analyzes your training data according to your configured permission levels to provide relevant recommendations and insights. The vector search feature is available as part of the AI assistant and has separate daily quotas: Free plan — 10 requests per day, Pro plan — 200 requests per day.

These plans, analyses, and AI-generated recommendations are for informational and educational purposes only and are not a substitute for professional medical advice or diagnosis. Always consult with a qualified healthcare provider or professional coach before starting any new training program or making changes to your existing regimen.

We strive to provide accurate and helpful information, but we make no warranties regarding the accuracy, reliability, or completeness of any information or content provided through the Services, including AI-generated content. Use of the Services is at your own risk. We are not liable for any injuries, damages, or losses that may result from your use of the Services or reliance on any information provided.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICES; (B) ANY AI-GENERATED OR AI-ASSISTED CONTENT, CODE, OR FUNCTIONALITY; (C) ANY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS; OR (D) ANY OTHER MATTERS RELATING TO THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR IF YOU HAVE NOT PAID ANYTHING, ONE HUNDRED FIFTY DOLLARS (USD $150).

4. Intellectual Property

The Services and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and \'look and feel\' of the Services, and all intellectual property rights related thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights.

4A. AI-Generated Content and Intellectual Property Rights

Our Services may include content, code, features, or functionality that has been developed, generated, or assisted by AI agents and tools (including but not limited to Claude, ChatGPT, Gemini, and other AI systems) that may have accessed publicly available information from the internet during their training or operation.

We make no warranties or representations that any AI-generated or AI-assisted content, code, or functionality does not infringe upon the intellectual property rights, copyrights, database rights, or other rights of third parties. Due to the probabilistic nature of AI systems and their training on publicly available materials, accidental or partial similarities with protected materials may occur.

You acknowledge and agree that: (a) AI-generated content may be non-unique, and other users or AI systems may generate similar content; (b) you are solely responsible for verifying the lawfulness and non-infringing nature of any content, code, or functionality you use from our Services; (c) we do not guarantee that any AI-generated or AI-assisted content is free from third-party intellectual property rights; and (d) you will not hold us liable for any claims arising from your use of such content.

If you are a rights holder and believe that any content, code, or functionality in our Services infringes your intellectual property rights, please contact us immediately at info@trunk.by with: (a) a detailed description of the allegedly infringing material; (b) identification of the specific rights you claim are infringed; (c) proof of your ownership of such rights; and (d) your contact information. We will promptly review and respond to valid complaints, and may remove or disable access to the allegedly infringing material as appropriate.

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of any AI-generated or AI-assisted content from our Services; (b) your violation of any third-party intellectual property rights; or (c) any materials you upload or provide to our Services.

5. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

You may terminate your account at any time by using the account deletion feature within the Services or by contacting us. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination of your account, either by you or by us, your personal data stored in our systems, including data imported from connected third-party services, will be deleted in accordance with our Privacy Policy. However, please note that any data that has been transmitted to Mistral AI in connection with AI assistant features is subject to Mistral AI's data retention policies and may not be immediately deleted upon your account termination.

5A. Donations

We may offer the option to make donations to support the development and maintenance of our Services. By making a donation, you acknowledge and agree to the following terms:

**Donation Offer:** When you choose to make a donation, you are making a **gratuitous transfer** (gift) to support the TRUNK project. A donation is a voluntary, non-refundable payment made without expectation of receiving goods, services, or any material benefit in return, except for intangible acknowledgments such as public recognition or gratitude.

**Explicit Consent Required:** Before completing a donation payment, you must explicitly confirm by checking a checkbox that states: 'I confirm that I am making a **gratuitous donation** to the TRUNK project, I do not expect to receive any goods, services, or material benefits in exchange, and I acknowledge that this donation is **non-refundable**. I have read and agree to the Donation Terms.'

**Non-Refundable Nature:** Donations are considered final and non-refundable from the moment the payment is processed, except in cases of fraud, manifest error in processing, or other circumstances expressly provided for by applicable law. By making a donation, you waive any right to request a refund, except in the aforementioned circumstances, subject to verification.

**Logging and Evidence:** We maintain immutable logs of all donation transactions, including: (a) the timestamp of the donation; (b) the amount and payment method; (c) your IP address and device information; (d) a record of your explicit consent (consent_id, checkbox text, timestamp); (e) the version of the donation terms; (f) the URL of the offer page; and (g) cryptographic hashes (SHA-256) of the entire consent record. These logs are stored in append-only format and retained for at least 7 (seven) years, or such longer period as required by law or tax rules. These records are used as evidence in disputed refund requests and chargebacks.

**No Material Benefits:** Donations do not entitle you to any paid features, premium access, or material benefits, except where explicitly stated otherwise in the donation description. Any intangible acknowledgments (such as being listed as a supporter) are provided at our discretion and do not constitute a material benefit or service.

**Payment Processing and Chargebacks:** Donations are processed through third-party payment providers. We are not responsible for any fees, chargebacks, or disputes initiated through payment processors or banks. **No provision of these Terms limits the right of banks or payment systems to process chargebacks or refunds through their standard procedures.** In the event of a chargeback initiated by your card issuer or payment provider, we reserve the right to challenge the chargeback by providing evidence of your explicit consent, the immutable consent record (including consent_id and cryptographic hash), and proof of the non-refundable nature of the donation. We may also suspend or terminate your account in such cases.

5B. Paid Subscriptions, Payment Processing, and Refund Policy

If we offer paid subscription plans or premium features, the following terms apply to payments, recurring charges, and refunds:

**Payment for Services and Payment Processing:** Payment for a subscription or premium features constitutes payment for the provision of services (access to features, content, or functionality) in accordance with the Law of the Republic of Belarus 'On Protection of Consumer Rights' and applicable legislation. Payment card acceptance and processing is performed through a third-party payment provider (e.g., Webpay) and/or Acquiring Bank (e.g., BSB Bank). Policies and practices for collecting, storing, and protecting card details (PAN, expiration date, CVV/CVC) are determined by the payment provider and acquiring bank. We do not collect and do not store unencrypted bank card details (PAN, CVV/CVC) on our infrastructure and do not have access to unencrypted card data. Any processing, storage, or tokenization of card details is performed exclusively by the payment provider and/or acquiring bank. For initiating subsequent charges, we use only tokens or payment method identifiers provided by the payment provider. (See Webpay Personal Data Processing Policy: https://docs.webpay.by/webpay/Personal_Data_Processing_Policy_WEBPAY_17.03.2025.pdf)

**Recurring Charges — Consent and Cancellation:** Recurring charges are performed only with explicit prior consent of the cardholder. Before confirming a recurring payment, you must confirm your consent with a separate checkbox (not pre-checked). The consent must contain: (i) the amount and frequency of charges (or method of calculating the amount); (ii) the name of the payee; (iii) instructions for cancellation; (iv) links to relevant sections of the Terms and Privacy Policy. You may cancel recurring charges at any time through your account interface or by contacting support; cancellation takes effect after processing and does not affect charges already made before cancellation.

**Tokenization and Data We Store:** We may store from the payment provider only: transaction identifier (payment_id), token/payment method identifier (in secure form), last 4 digits of card (if provided by the provider), card brand, amount and date of operation, status and webhook notifications, as well as consent record (consent_id, checkbox text, timestamp, IP, version of terms, offer page URL). This data is used exclusively for managing subscriptions, issuing receipts, servicing transactions, and investigating disputes. PAN/CVC are not stored and are not accessible to our team.

**Retention Periods:** Payment metadata, consent logs, and related records are stored for 7 (seven) years or such other period as required by applicable law/tax rules. Usage logs used for refund calculations and proof of service provision are retained for at least 12 months, unless otherwise required by law.

**Refund Eligibility and Definition of 'Substantial Use':** Refunds may be requested in the following circumstances: (a) within 14 days from the date of payment, provided that the service has not been substantially used; (b) if the service cannot be provided due to technical reasons on our part; (c) if the service substantially differs from the description; or (d) other cases provided by law. 'Substantial use' means: (i) access to paid features for more than 7 consecutive calendar days; or (ii) consumption of more than 30% of the volume of content/credits/sessions provided; or (iii) other usage explicitly stated in the plan description.

**Partial Refund Formula:** If a partial refund is approved, the amount is calculated as: Refund = Amount Paid × (1 − Usage Ratio), where Usage Ratio is determined through objective usage logs (timestamps, number of resources consumed, etc.) taking into account processor fees and administrative costs. The calculation method and logs are available upon request.

**Refunds, Chargebacks, and Disputes:** **No provision of these Terms limits the right of banks or payment systems to process refunds (chargebacks) through their procedures.** In case of a dispute, we reserve the right to suspend or terminate service provision, challenge the refund by providing evidence of service provision (usage logs, receipts, consent record with consent_id and cryptographic hash), and pursue recovery of related expenses (fees, administrative charges).

**Subscription Cancellation and Refund for Remaining Period:** You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. Refund for the unused period is not provided, except as required by law or at our discretion.

**Changes to Pricing:** We may modify prices; increases will apply to subsequent billing periods no earlier than 30 days after notice.

6. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of Belarus, without regard to its conflict of law provisions.

8. Copyright Complaints and Notice & Takedown

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content, code, or functionality in our Services infringes your copyright or other intellectual property rights, please provide us with a written notice containing the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other right that has been allegedly infringed; (b) Identification of the copyrighted work or other intellectual property that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) Your contact information, including your address, telephone number, and email address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

Please send your notice to: info@trunk.by with the subject line 'Copyright Infringement Notice'. We will review and respond to valid notices promptly and may remove or disable access to the allegedly infringing material as appropriate. We may also forward your notice to the user who provided the content, if applicable.

If you believe that material you posted was removed or disabled by mistake or misidentification, you may file a counter-notification by providing: (a) your physical or electronic signature; (b) identification of the material that was removed or disabled and its location before removal; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of the courts in Belarus and that you will accept service of process from the person who provided the original notification.

9. Contact Us

If you have any questions about these Terms, please contact us at info@trunk.by.