1. Agreement to these terms
These Terms & Conditions ("Terms") are a legal agreement between you and Hawthorn West, Inc. ("Posewise," "we," "us") governing your access to and use of the Posewise beta mobile application (the "App" or "Service"). By downloading, installing, or using the App, you agree to these Terms. If you don't agree, don't use the App.
You must also agree to our Privacy Policy, which explains how we collect and use information, including camera and body-movement data, to provide the Service.
2. The beta service
The App is a pre-release beta. That means:
- Features, pricing, pose libraries, and workout content may change, be added, or be removed at any time without notice.
- The Service may contain bugs, inaccuracies, or interruptions, and may be unavailable, reset, or discontinued at any time, with or without notice.
- We may limit the number of beta participants, end the beta, or transition it to a paid or generally-available release at our discretion.
- Data generated during the beta — including your pose history, plans, and progress — may be lost, reset, or may not carry over to a future release.
- If you send us feedback, bug reports, or suggestions about the App, you grant us an unrestricted, royalty-free, perpetual right to use them for any purpose, without any obligation or compensation to you.
3. Eligibility
You must be at least 18 years old to use the App. By using the App, you represent that you meet this requirement and that you are physically able to safely participate in the exercises and stretches the App demonstrates. The App currently requires an iPhone running a supported version of iOS.
4. Health and safety — please read this section
Posewise provides pose analysis, corrective exercise suggestions, and yoga-adjacent content for general fitness and educational purposes only. It is not medical advice, a medical device, or a substitute for professional evaluation, diagnosis, or treatment.
- Talk to a doctor first. Consult a physician or qualified health provider before beginning any exercise program, especially if you are pregnant, elderly, or have any injury, pain, heart condition, or other physical or medical condition that could be affected by exercise.
- You exercise at your own risk. Physical activity, including the poses, stretches, and corrective exercises shown in the App, carries an inherent risk of injury. You voluntarily assume all risk of injury, loss, or damage resulting from your use of the App.
- Stop if something hurts. Stop immediately and seek medical attention if you feel pain, dizziness, shortness of breath, or discomfort of any kind.
- Not a substitute for supervision. The App's real-time cues are automated and may be inaccurate, delayed, or wrong. They do not replace guidance from a qualified instructor or physical therapist.
- Your space. You're responsible for using the App in a safe, clear area with enough room to move, and for keeping your device secure and out of the way while you practice.
To the fullest extent permitted by law, Posewise disclaims all liability for injury or health complications arising from or related to your use of the App.
5. Camera, video, and body-movement data
The App uses your device's camera to analyze your body position while you practice. This analysis runs entirely on your device — camera frames and video are processed locally to detect body position and are never uploaded to, or stored on, Posewise's servers. What we do sync to your account is the numeric output of that analysis (for example, joint-angle measurements and alignment scores) so your plan and progress can follow you across sessions — not images or video of you.
You should only use the App's camera features in a space and manner where you're comfortable practicing, and you should not point the camera at anyone who has not agreed to these Terms.
6. Accounts and your data
Some features require an account, which you can create with an email address or Sign in with Apple. We use third-party infrastructure providers (currently including Supabase for authentication and storing your plan/progress data, and Amplitude for usage analytics) to operate the App; details are in our Privacy Policy. You're responsible for keeping your login credentials confidential and for all activity under your account. Tell us right away if you suspect unauthorized use of your account.
7. Cost during the beta
The App is free to use during the beta period referenced on our website. We may introduce paid plans, subscriptions, or in-app purchases in a future release; if we do, we'll tell you before you're charged anything, and nothing in these Terms obligates you to pay for a future paid version.
8. Acceptable use
You agree not to:
- Use the App for any unlawful purpose, or in a way that could harm, disable, or overburden it;
- Reverse-engineer, decompile, or attempt to extract the source code or machine-learning models behind the App, except where the law gives you the right to do so despite this restriction;
- Copy, resell, sublicense, or redistribute the App or its content without our written permission;
- Use the App to record or analyze another person without their knowledge and consent;
- Circumvent any access, rate, or usage limits we put in place during the beta.
9. Intellectual property
The App, including its software, pose and exercise libraries, illustrations, audio cues, and branding, is owned by Posewise or our licensors and is protected by intellectual property laws. These Terms give you a limited, personal, non-transferable, revocable license to use the App on your own device for your own personal, non-commercial use. All rights not expressly granted are reserved.
10. Third-party services
The App is distributed through Apple's App Store / TestFlight and is also subject to Apple's own terms (including the Licensed Application End User License Agreement). Apple is not a party to these Terms and has no obligation to provide support for the App.
11. Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE APP WILL BE ACCURATE, UNINTERRUPTED, ERROR-FREE, OR SECURE. THIS IS ESPECIALLY TRUE DURING THE BETA: POSE FEEDBACK, PLANS, AND PROGRESS TRACKING MAY BE INCOMPLETE OR INCORRECT.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, POSEWISE AND ITS OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING FROM YOUR USE OF THE APP, INCLUDING ANY INJURY SUSTAINED WHILE FOLLOWING ITS GUIDANCE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF $50 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE (WHICH, DURING A FREE BETA, MAY BE ZERO).
Some jurisdictions don't allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages, so some of the above limits may not apply to you.
13. Indemnification
You agree to indemnify and hold Posewise harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your misuse of the App or your violation of these Terms.
14. Termination
You may stop using the App and delete it at any time, and you can permanently delete your account and its data in the App under Settings → Delete Account. We may suspend or terminate your access to the beta at any time, for any reason, including if we end the beta program entirely. Sections of these Terms that by their nature should survive termination (such as the disclaimers and limitations above) will continue to apply.
15. Changes to these terms
Because the App is in active beta, we may update these Terms from time to time. We'll update the "Effective date" above when we do, and for material changes we'll make a reasonable effort to notify you in the App. Continuing to use the App after a change means you accept the updated Terms.
16. Governing law and disputes
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles.
17. Contact
Questions about these Terms? Reach us at [email protected].