These Terms of Service ("Terms") are a legally binding agreement between you and Harlen, LLC ("Harlen," "we," "us," or "our") governing your access to and use of Harlen (the mobile application), our website at harlen.ai, and all related software, APIs, content, and services we provide (collectively, the "Service").
By creating an account, downloading Harlen, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
1. The Service
Harlen is a software platform that helps personal trainers ("Coaches") aggregate wearable-device data from their athletes ("Athletes"), view statistical analyses of that data, and receive AI-generated coaching suggestions and insights. The Service is intended to assist Coaches in their professional practice; it is not a substitute for professional judgment, medical care, or any qualified human professional.
1.1 NOT A MEDICAL DEVICE; NOT MEDICAL ADVICE
The Service does not provide medical advice. Nothing produced by, displayed in, or generated through the Service (including AI-generated outputs, statistical analyses, "Readiness," "Training Load," "Sleep Index," or any other metric) constitutes medical advice, diagnosis, treatment, prescription, or recommendation. The Service is a general-purpose sports performance tool intended for use by qualified coaching professionals who are responsible for exercising their own professional judgment.
Always consult a qualified healthcare provider before beginning, modifying, or terminating any training, nutrition, recovery, or medical intervention based in whole or in part on information from the Service. If you experience pain, injury, illness, or any medical emergency, stop using the Service immediately and seek qualified medical care.
1.2 NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT
The Service is a decision-support tool. Coaches are solely responsible for all decisions regarding programming, training load, recovery, rest, return-to-play, nutrition, intervention, or any other action affecting an Athlete. Coaches must apply their own training, experience, certifications, and professional judgment to every decision. Harlen makes no representation that following AI-generated suggestions or any other Service output will produce any particular outcome, and you expressly assume all risk arising from doing so.
1.3 NO CLINICAL USE
The Service is intended for non-clinical sports performance contexts only. It must not be used to (a) provide medical care; (b) make any clinical diagnosis; (c) treat any disease, injury, or condition; (d) substitute for evaluation, diagnosis, or treatment by a licensed healthcare provider; or (e) inform decisions in any clinical setting where the Service would constitute the practice of medicine. If you are a licensed healthcare provider and intend to use the Service in a clinical context, you must contact us in writing for an enterprise agreement; such use is not authorized under these Terms.
2. Accounts and eligibility
2.1 Account types
The Service supports two account types:
- Coach accounts, used by personal trainers and similar professionals.
- Athlete accounts, used by Athletes connected to a Coach.
2.2 Eligibility
You must be at least 18 years old to create an account or use the Service in any capacity. The Service is not directed to, intended for, or available to anyone under 18.
If you are a Coach, you may not add any Athlete under the age of 18 to your account, connect a minor's wearable device to the Service, or otherwise process the personal data of any minor through the Service. Doing so is a material breach of these Terms and grounds for immediate termination.
If we learn that any user is under 18, we will terminate that account and delete the associated data.
2.3 Account security
You are responsible for safeguarding your credentials and for all activity that occurs under your account. You must notify us immediately at kai@harlen.ai of any unauthorized access. We are not liable for any loss arising from your failure to safeguard your credentials.
2.4 Accurate information
You agree to provide accurate, complete, and current information when registering and to keep it up to date.
3. Coach responsibilities and representations
This section is fundamental to the Service. If you are a Coach, you affirmatively represent and warrant the following at all times:
3.1 Qualifications and professional standing
By using the Service for any commercial training activity, coaching practice, or paid or unpaid provision of athletic guidance to any Athlete, you affirmatively represent and warrant that:
(a) you are a licensed, certified, or credentialed athletic, strength-and-conditioning, performance, or coaching professional in good standing, holding at least one current credential from a recognized professional body (including but not limited to NSCA, CSCCa, ACSM, NASM, USA-W, UKSCA, or an equivalent national or international credentialing organization), and/or
(b) you are affiliated with an organization (including a sports team, university or scholastic athletic program, sports medicine practice, performance center, training facility, military unit, or similar entity) that has independently verified your qualifications to provide athletic guidance and that supervises or otherwise assumes responsibility for the appropriateness of your professional practice;
(c) you hold all licenses, certifications, registrations, and authorizations required by applicable law in every jurisdiction where you practice;
(d) you maintain such licenses, certifications, and affiliations in good standing throughout your use of the Service, and you will immediately cease using the Service for commercial or coaching purposes if any of them lapses, is suspended, or is revoked;
(e) you carry, or are covered by your affiliated organization's, appropriate professional liability insurance for your practice;
(f) you have not been disciplined, suspended, or otherwise sanctioned by any professional body, organization, or governmental authority in a manner that would impair your qualifications.
You acknowledge that Harlen does not, and cannot, independently verify your qualifications or affiliations and relies entirely on your representations in this Section 3.1. A material misrepresentation in this Section 3.1 is grounds for immediate termination, voids any limitation of your liability under these Terms, and triggers your full indemnification obligation under Section 3.5.
3.2 Athlete consent and eligibility
For each Athlete you onboard, you have obtained, and will maintain documentary evidence of, all consents required by applicable law and by these Terms. This includes:
(a) confirmation that the Athlete is at least 18 years of age;
(b) consent to use the Service;
(c) consent to share wearable data with you through the Service;
(d) consent for Harlen and its sub-processors (including Terra, AI model providers, and cloud infrastructure providers) to process the Athlete's data as described in our Privacy Policy.
You acknowledge that Harlen has no direct relationship with Athletes you onboard and that verifying age and obtaining lawful consent is entirely your responsibility. You may not onboard any Athlete under 18 under any circumstances.
3.3 Athlete welfare
You assume sole responsibility for the welfare, safety, training, recovery, and any health outcomes of every Athlete in your account. You will (a) not rely on the Service as the sole basis for any decision affecting an Athlete's health or safety; (b) apply your independent professional judgment to every recommendation generated by the Service; (c) refer Athletes to qualified medical providers when appropriate; and (d) maintain appropriate professional liability insurance for your practice.
3.4 Lawful use
You will use the Service in compliance with all applicable laws, including without limitation laws governing professional licensing, sports coaching, athlete data, biometric data, health information, consumer health data, and privacy (including CCPA, the Washington My Health My Data Act, GDPR, and analogous laws).
3.5 Indemnification by Coach
You will defend, indemnify, and hold harmless Harlen, its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, demands, actions, regulatory investigations, damages, losses, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
(a) your use of the Service;
(b) any Athlete's use of the Service through your account;
(c) any decision, recommendation, program, or action by you affecting any Athlete, regardless of whether the Service contributed to that decision;
(d) any injury, illness, death, performance outcome, or other adverse event affecting any Athlete;
(e) your breach or alleged breach of these Terms, including without limitation Sections 3.1–3.4;
(f) your failure to verify any Athlete's age or to obtain or maintain lawful consent from any Athlete, or your onboarding of any Athlete under 18;
(g) any violation of law by you;
(h) any claim by an Athlete, employer, sports organization, or other third party arising from your coaching practice or your use of the Service.
This indemnity survives termination of these Terms.
4. Athlete acknowledgements
If you are an Athlete using the Service, you acknowledge and agree that:
(a) the Service is a tool used by your Coach in their professional practice and is not a medical device or source of medical advice;
(b) your Coach (not Harlen) is responsible for all coaching decisions affecting you;
(c) Harlen receives and processes biometric data from your wearable device(s) only with your consent and at the direction of your Coach, as described in our Privacy Policy;
(d) you may withdraw consent and delete your account, including all data associated with your wearable device(s), at any time by opening the Harlen app, scrolling to the bottom of the account screen, and selecting Delete Account; doing so does not, by itself, terminate the coaching relationship between you and your Coach, which is governed separately by your agreement with the Coach;
(e) you should consult a qualified healthcare provider for any medical question or concern.
5. Wearable devices and third-party data
The Service relies on wearable-device data ingested via Terra Enabling Developers, Inc. ("Terra"). When you connect a wearable, Terra processes your data as our sub-processor, and Terra's End User Privacy Policy applies to that processing. You authorize Terra and the applicable wearable provider to share your data with Harlen through the Terra integration.
Harlen makes no warranty regarding wearable-device data, including its accuracy, completeness, timeliness, or continued availability. A wearable provider may at any time restrict, suspend, modify, or terminate access to its data, and Terra may at any time add, remove, or modify supported wearable providers. We will have no liability for any such change. Your continued use of the Service constitutes acceptance of the wearables supported at the time you use it.
You are responsible for complying with the terms of service and privacy policies of each wearable-device provider you connect.
6. AI-generated content
The Service uses the Anthropic API under a zero-data-retention configuration to generate analyses, program drafts, and coaching suggestions.
AI outputs are probabilistic, may be inaccurate, incomplete, biased, or contradictory, and may reflect statistical patterns rather than physiological truth. AI outputs are intended as suggestions for Coaches to evaluate against their professional judgment. Do not rely on AI outputs as authoritative. Harlen is not responsible for any AI output, and you assume full responsibility for any action you take based on AI output.
We do not use your data to train AI models. Our Anthropic API usage is configured with zero data retention, subject to our agreement with Anthropic and its applicable terms. See our Privacy Policy for details.
7. Acceptable use
You will not, and will not authorize or permit any other person to:
(a) use the Service in violation of any law or third-party right;
(b) use the Service to make any clinical diagnosis or to provide medical care;
(c) reverse engineer, decompile, or attempt to extract source code or proprietary algorithms from the Service;
(d) probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measure;
(e) use the Service to send spam, malware, or other harmful code;
(f) scrape, harvest, or otherwise extract data from the Service except as the Service expressly permits;
(g) use the Service to build a competing product or service;
(h) misrepresent your identity, qualifications, or relationship with any Athlete;
(i) upload data you do not have the lawful right to share;
(j) use the Service for any unlawful, fraudulent, harassing, discriminatory, or harmful purpose.
We may suspend or terminate access immediately and without notice for any actual or suspected violation.
8. Membership, subscriptions, and billing
8.1 Planned subscriptions
Harlen has not publicly launched yet. We plan to offer paid Coach subscriptions and a free Harlen iOS application for their clients.
8.2 Pricing and billing terms
Pricing and billing terms have not been finalized. Before you subscribe, we will provide the price, billing frequency, payment method, any renewal terms, and the cancellation and refund policies. Any trial offer will also be described before signup.
These Terms do not authorize subscription charges. Any paid subscription will require your agreement to the pricing and billing terms provided at signup.
For questions about future subscriptions, contact kai@harlen.ai.
9. Intellectual property
The Service, including all software, design, content, trademarks, and the name "Harlen," is owned by Harlen, LLC and protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved.
Your data. You retain ownership of data you submit to the Service. You grant Harlen a worldwide, royalty-free license to host, process, transmit, display, and otherwise use your data solely as necessary to provide and improve the Service and as described in our Privacy Policy.
Feedback. If you provide feedback or suggestions about the Service, you grant Harlen a perpetual, irrevocable, royalty-free, worldwide license to use that feedback without restriction.
10. Termination
You may terminate your account at any time using the in-app deletion controls or by emailing kai@harlen.ai. We may suspend or terminate your access at any time, with or without notice, for any reason, including any actual or suspected violation of these Terms. Sections 1.1, 1.2, 1.3, 3.5, and 11–16 survive termination.
Upon termination, your right to use the Service ceases immediately. Data deletion proceeds as described in our Privacy Policy.
11. DISCLAIMERS
HARLEN MAKES NO WARRANTY THAT:
(a) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(c) ANY INFORMATION OR OUTPUT FROM THE SERVICE (INCLUDING AI OUTPUTS, METRICS, ANALYSES, OR RECOMMENDATIONS) WILL BE ACCURATE, RELIABLE, OR FIT FOR ANY PURPOSE;
(d) ANY WEARABLE-DEVICE DATA WILL BE ACCURATE, COMPLETE, OR AVAILABLE;
(e) DEFECTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE OR FROM HARLEN CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, the exclusions above apply to the maximum extent permitted by law.
12. LIMITATION OF LIABILITY
(a) NO INDIRECT DAMAGES. HARLEN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF HARLEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) CAP. HARLEN'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO HARLEN FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS (USD $100).
(c) NO LIABILITY FOR DECISIONS. WITHOUT LIMITING THE FOREGOING, HARLEN WILL HAVE NO LIABILITY FOR ANY DECISION, RECOMMENDATION, PROGRAM, ACTION, INACTION, OR OUTCOME (INCLUDING WITHOUT LIMITATION ANY INJURY, ILLNESS, DEATH, OR PERFORMANCE OUTCOME) RELATED TO YOUR USE OF THE SERVICE OR ANY COACH'S OR ATHLETE'S RELIANCE ON THE SERVICE.
(d) THIRD-PARTY OUTPUTS. HARLEN WILL HAVE NO LIABILITY FOR THE ACTS OR OMISSIONS OF, OR THE QUALITY, AVAILABILITY, OR ACCURACY OF DATA OR SERVICES PROVIDED BY, ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION TERRA, ANY WEARABLE-DEVICE PROVIDER, OR ANY AI MODEL PROVIDER.
ESSENTIAL BARGAIN. The parties acknowledge that these limitations are an essential element of the bargain between them, that Harlen would not provide the Service on these economic terms without them, and that the limitations will apply even if any limited remedy in these Terms is found to have failed of its essential purpose.
Some jurisdictions do not allow certain limitations of liability; in those jurisdictions, the limitations above apply to the maximum extent permitted by law.
13. Assumption of risk
Physical training, exercise, and athletic activity carry inherent risks of injury, illness, and other adverse outcomes. You assume all such risks associated with any activity undertaken in connection with the Service. If you are a Coach, you are responsible for ensuring that each Athlete has assumed these risks under your independent agreement with the Athlete.
14. Dispute resolution; arbitration; class waiver
14.1 Informal resolution
Before filing any formal proceeding, the parties will attempt in good faith to resolve any dispute by sending written notice to the other party (to kai@harlen.ai for Harlen) describing the dispute and proposed resolution. The parties will negotiate in good faith for at least thirty (30) days.
14.2 Binding arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration, except that either party may bring an action in small-claims court for disputes within its jurisdiction. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, by a single arbitrator, in the State of Delaware, in English. Judgment on the award may be entered in any court of competent jurisdiction.
14.3 Class action waiver
14.4 Opt-out
You may opt out of Section 14 by sending written notice to kai@harlen.ai within thirty (30) days of first accepting these Terms, stating your name, account email, and clear intent to opt out.
14.5 Carve-outs
Either party may seek injunctive or other equitable relief in any court of competent jurisdiction for actual or threatened infringement of intellectual property rights or breach of confidentiality.
15. Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to Section 14, any action that may be brought in court will be brought exclusively in the state or federal courts located in Delaware, and the parties consent to personal jurisdiction there.
16. General
Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and Harlen regarding the Service and supersede any prior agreement.
Changes. We may update these Terms from time to time. Material changes will be communicated by email or in-app notice. Continued use after the effective date of any change constitutes acceptance.
Severability. If any provision is held unenforceable, the remaining provisions will continue in full force.
No waiver. Failure to enforce any provision is not a waiver.
Assignment. You may not assign these Terms without our prior written consent. We may assign without restriction.
No third-party beneficiaries. Except as expressly provided in Section 3.5 (indemnitees), these Terms do not create third-party beneficiary rights.
Force majeure. Neither party is liable for failure or delay caused by events beyond reasonable control.
Notices. Notices to Harlen must be sent to kai@harlen.ai. We may send notices to you by email to your account address or by in-app notification.
17. Contact
Harlen, LLC
Email: kai@harlen.ai
Web: harlen.ai