This End User License Agreement (“Agreement”) is a binding agreement between you (“you” or “User”) and Temple AI Inc. (“Temple.AM,” “we,” or “us”), covering the Gaia mobile application and the services made available through it (the “Application”). By downloading, installing or using the Application, you agree to be bound by this Agreement. If you do not agree, do not download, install or use the Application.
This Agreement governs the Application. The Gaia Report, a one-time analysis purchased on this website, is a separate product governed by our Terms of Service. Our handling of your personal data is described in our Privacy Notice.
Acknowledgement
You and we acknowledge that this Agreement is concluded between you and Temple AI Inc. only, and not with Apple Inc. (“Apple”). Temple AI Inc., not Apple, is solely responsible for the Application and its content. This Agreement does not provide for usage rules for the Application that conflict with the Apple Media Services Terms and Conditions. To the extent this Agreement conflicts with those terms, the Apple Media Services Terms and Conditions apply.
Scope of License
Temple AI Inc. grants you a limited, non-transferable, non-exclusive, revocable licence to use the Application on any Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, and on any other device permitted by those rules. The licence is granted for personal, non-commercial use only.
You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time, nor rent, lease, lend, sell, redistribute, sublicense, copy, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the Application, except as permitted by applicable law.
Subscriptions, Billing and Cancellation
The Application offers auto-renewable subscriptions purchased through your Apple ID account: Gaia Plus, on a monthly or annual basis, and individual GodPower modules, on a monthly basis. The title, length and price of each subscription are displayed in the Application, in your local currency, before you confirm the purchase. Prices may vary by territory.
Payment is charged to your Apple ID account at confirmation of purchase. A subscription renews automatically for the same period unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period, at the price then in effect for your subscription.
You can manage your subscriptions and turn off auto-renewal at any time in your App Store account settings after purchase. Deleting the Application does not cancel a subscription. Where a free trial is offered, any unused portion of that trial is forfeited when you purchase a subscription covering it.
Refunds for purchases made through the App Store are handled by Apple under the Apple Media Services Terms and Conditions. We cannot issue refunds for App Store transactions.
We may change subscription prices. Where required, a price change takes effect only after notice to you and, where applicable, your consent, in accordance with App Store rules. You may cancel before the change takes effect.
Health Disclaimer
The Application is provided for informational and educational purposes only. It is not a medical device and does not provide medical advice, diagnosis or treatment. Scores, trends, forecasts and recommendations shown in the Application are estimates derived from sensor and self-reported data, and may be inaccurate.
Always consult a qualified healthcare professional before making decisions about your health, and never disregard professional medical advice because of something you read in the Application. If you think you may have a medical emergency, contact your local emergency services.
Eligibility and Account
You must be at least 18 years of age to use the Application. You are responsible for keeping your account credentials confidential and for all activity under your account.
Your Data
The Application reads health and fitness data from Apple Health and from the third-party integrations you connect, with your explicit permission, and processes it to produce the features you use. You retain ownership of your data. Our collection, use and disclosure of your information is described in our Privacy Notice.
You may withdraw a permission at any time in iOS Settings or in the Application, and you may delete your account and its remote data from within the Application.
Maintenance and Support
Temple AI Inc. is solely responsible for providing any maintenance and support services for the Application, as specified in this Agreement or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the Application. Support requests may be sent to contact@temple.am.
Warranty
Temple AI Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Temple AI Inc.
Except as stated above, the Application is provided “as is” and “as available” without warranties of any kind. We do not warrant that the Application will be uninterrupted, error-free or completely secure.
Product Claims
Temple AI Inc., not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and use of it, including product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation, including in connection with the Application’s use of the HealthKit framework.
Limitation of Liability
To the fullest extent permitted by law, Temple AI Inc. shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the Application. Our total liability shall not exceed the amount you paid to us in the twelve months preceding the event giving rise to the claim.
Intellectual Property Rights
Temple AI Inc., not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim relating to the Application or your possession and use of it. All content, design, text, graphics and software associated with the Application are the property of Temple AI Inc. or its licensors.
Legal Compliance
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Application.
Third Party Beneficiary
You and Temple AI Inc. acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right, and will be deemed to have accepted the right, to enforce this Agreement against you as a third-party beneficiary of it.
Termination
We may suspend or terminate your access to the Application at any time, with or without cause. Upon termination, your right to use the Application ceases immediately. Termination does not entitle you to a refund of any amount already charged by Apple.
Changes to This Agreement
We may update this Agreement from time to time. If we make material changes, we will notify you by revising the “Last Updated” date above and, where required, by notice in the Application. Your continued use of the Application after such changes constitutes your acceptance of the revised Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions, except where mandatory consumer protection law in your country of residence provides otherwise.
Contact
Temple AI Inc., a Delaware corporation.
443 Lakeview Way, Redwood City, CA 94062, United States.
Any questions, complaints or claims regarding the Application should be directed to contact@temple.am.