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Terms of Service

Effective May 23, 2026 · Last updated May 23, 2026

These Terms of Service ("Terms") are a legally binding agreement between you and VO2 Labs, LLC ("VO2 Labs," "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").

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT DISCLAIMERS, LIMITATIONS OF LIABILITY, AN ARBITRATION CLAUSE, AND A CLASS ACTION WAIVER.

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 independent sports performance coaches ("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 is not a medical device. The Service has not been evaluated, cleared, approved, or authorized by the U.S. Food and Drug Administration ("FDA") or any equivalent regulatory body in any jurisdiction. The Service is not intended to diagnose, treat, cure, mitigate, or prevent any disease, injury, or medical condition.

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. VO2 Labs 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:

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 hello@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 VO2 Labs 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 VO2 Labs 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 VO2 Labs 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 VO2 Labs, 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 VO2 Labs — is responsible for all coaching decisions affecting you;
(c) VO2 Labs 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 VO2 Labs through the Terra integration.

VO2 Labs 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 third-party large language models, including the Anthropic Claude API operated under a zero-data-retention configuration, to generate analyses 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. VO2 Labs 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, and our AI providers are configured not to retain your prompts or outputs. 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 Coach subscriptions

Access to the Service in a coaching capacity requires a paid Coach subscription. Coach subscriptions are sold and managed exclusively through the Harlen web application at harlen.ai. No purchases of any kind are made through the Harlen iOS application.

8.2 Pricing

The current Coach subscription is:

Your total monthly charge is the base fee plus the per-Athlete fee multiplied by the number of Athletes connected to your account during the billing period. All fees are in U.S. dollars and exclusive of any applicable taxes, which you are responsible for.

8.3 Billing cycle and payment

Coach subscriptions are billed monthly in advance by our payment processor, Stripe. By subscribing, you authorize us (through Stripe) to charge your designated payment method:

(a) the base fee at the start of each monthly billing period;
(b) the per-Athlete fee at the start of each monthly billing period, calculated based on the number of Athletes in your account at that time;
(c) any prorated charges for Athletes added or removed mid-cycle, as described in Section 8.4.

You are responsible for keeping your payment method current. If a charge fails, we may retry the charge, suspend your account, or terminate your subscription. You remain responsible for amounts owed.

8.4 Adding and removing Athletes

You may add or remove Athletes from your account at any time.

8.5 No free trial

Coach subscriptions do not include a free trial. You are charged the first month's fees at the time you complete subscription signup.

8.6 Renewals

Your Coach subscription renews automatically at the end of each monthly billing period at the then-current rates, unless you cancel before the renewal date. By subscribing, you authorize ongoing monthly charges until you cancel.

8.7 Price changes

We may change our pricing at any time. We will provide at least thirty (30) days' notice of any price increase by email or in-product notification. The new price applies at the next renewal of your subscription following the notice period. If you do not agree to the new price, you must cancel before the change takes effect; continued use after the new price takes effect constitutes acceptance.

8.8 Cancellation

You may cancel your Coach subscription at any time via the Harlen web app or by emailing hello@harlen.ai. Cancellation takes effect at the end of the current billing period. You retain access to the Service for the remainder of the period you have paid for. No partial refunds are issued for unused time.

8.9 Refunds

All fees are non-refundable except where required by applicable law. We do not offer refunds for partial months, unused features, downtime, or dissatisfaction with the Service. If you believe you have been billed in error, contact hello@harlen.ai within thirty (30) days and we will review the charge in good faith.

8.10 Athlete access is free

Athletes do not pay to use the Harlen iOS application. Their access is provided as part of their Coach's subscription. If a Coach's subscription is canceled, suspended, or terminated, the Coach's associated Athletes will lose access to the Service unless and until they are added to another active Coach account.

8.11 Taxes

You are responsible for all sales, use, value-added, withholding, and similar taxes associated with your subscription, other than taxes based on our net income. If we are required to collect taxes, those amounts will be added to your charge.

8.12 Past due accounts

If your account is past due, we may suspend access to the Service and charge a late fee equal to the lesser of 1.5% per month or the maximum permitted by law on the outstanding balance, plus collection costs.


9. Intellectual property

The Service, including all software, design, content, trademarks, and the names "Harlen" and "VO2 Labs," is owned by VO2 Labs 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 VO2 Labs 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 VO2 Labs 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 hello@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

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VO2 LABS DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, AND QUIET ENJOYMENT.

VO2 LABS 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 VO2 LABS 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

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) NO INDIRECT DAMAGES. VO2 LABS 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 VO2 LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) CAP. VO2 LABS'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 VO2 LABS 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, VO2 LABS 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. VO2 LABS 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 VO2 Labs 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 hello@harlen.ai for VO2 Labs) 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

YOU AND VO2 LABS AGREE TO BRING DISPUTES ONLY IN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding. If this class-waiver provision is found unenforceable, the entirety of Section 14.2 will be null and void, but the remainder of these Terms will remain in effect.

14.4 Opt-out

You may opt out of Section 14 by sending written notice to hello@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 VO2 Labs 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 VO2 Labs must be sent to hello@harlen.ai. We may send notices to you by email to your account address or by in-app notification.


17. Contact

VO2 Labs, LLC
Email: hello@harlen.ai
Web: harlen.ai