Terms of Service
Terms of Service
1. Preamble
These Terms of Service (hereinafter "Terms") set out the conditions under which the Ekygai platform is made available to its users.
Ekygai is a decision-support platform for the planning and creation of sports training programmes and sessions. It generates suggestions for training programmes and sessions. The user is entirely free to follow, modify or disregard these suggestions. Ekygai does not prescribe anything, does not substitute for any healthcare professional and does not oblige anyone to execute or follow its programmes.
Ekygai is operated by EKYGAI LLP, a limited liability partnership registered in England and Wales under Partnership No. OC460332, with its registered office at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom. The EKYGAI trade mark is registered with the EUIPO (European Union Intellectual Property Office) under number 019333533.
2. Definitions
| Term | Definition |
|---|---|
| Company | EKYGAI LLP, a limited liability partnership registered in England and Wales, operating the Ekygai platform. |
| Platform | The Ekygai web and mobile application, accessible via ekygai.com and its subdomains. |
| User | Any natural person who has created an account on the platform. |
| Athlete | A user benefiting from personalised training programmes. |
| Coach | A user supervising athletes and having access to dedicated management tools. |
| Team / Club | An administrator of a sports organisation supervising coaches and athletes. |
| AI Suggestions | All programmes, sessions, adjustments, recommendations and analyses generated by the Ekygai artificial intelligence engine. |
| AI Engine | Ekygai's deterministic calculation system comprising specialised engines (Objectives, Planning, Cycles, Execution, Adjustments). |
| Governance | The decision-making mode concerning training (AI Autonomous, Collaborative, Full Coach). |
| Biometric data | Weight, height, resting heart rate, maximum heart rate, heart rate variability (HRV) and other physiological indicators. |
| EkyBot | Ekygai's intelligent conversational assistant, powered by a third-party large language model (LLM), enabling users to ask questions about their training, analyse a session, review a week or discuss their programme. |
| User content | Any data, information or content submitted by the user to the platform, including messages sent to EkyBot. |
3. Access and Registration
3.1 Account creation
Registration requires a valid email address and a secure password. Email address confirmation is mandatory in order to access the full range of features.
3.2 Password policy
The password must contain a minimum of 12 characters, including at least one uppercase letter, one lowercase letter, one digit and one special character.
3.3 Minimum age
Registration is restricted to persons who are 18 years of age or older. The platform is not intended for minors. Ekygai does not knowingly collect personal data from persons under the age of 18 (which, a fortiori, includes children under 13 within the meaning of COPPA). Age is declared by the user upon registration; creating an account constitutes the user's declaration that they meet the minimum age requirement. If Ekygai becomes aware that a user under the age of 18 has created an account, that account is immediately deactivated and the associated data is erased within 72 hours. Reports may be sent to: privacy@ekygai.com.
3.4 Accuracy of information
The user undertakes to provide accurate information upon registration and to keep it up to date.
3.5 Account uniqueness
Each user may hold only one active account. Account sharing is prohibited.
4. Roles and Governance
4.1 Available roles
| Role | Description |
|---|---|
| Athlete | Creates objectives, receives personalised programmes, tracks training. |
| Coach | Supervises athletes, creates programmes (Full Coach mode), manages groups. |
| Team / Club | Administers a sports organisation, manages coaches and athletes, allocates AI quotas. |
4.2 Governance modes
Governance defines who takes decisions regarding an athlete's training:
- •AI Autonomous: The AI generates and adjusts programmes automatically. This is the default mode.
- •Collaborative: The coach and AI collaborate. AI adjustments become suggestions subject to validation.
- •Full Coach: The coach directs programme creation. The AI assists through calculation and safety alerts.
4.3 Athlete autonomy
5. AI Disclaimer — Artificial Intelligence
5.1 Nature of suggestions
The Ekygai AI engine generates suggestions for training programmes and sessions. These suggestions:
- •DO NOT CONSTITUTE medical advice, a diagnosis or a prescription.
- •DO NOT REPLACE the opinion of a doctor, physiotherapist, nutritionist or any healthcare professional.
- •Are provided for informational and indicative purposes only.
- •May contain inaccuracies or may not be suited to the user's individual circumstances.
- •Training programmes are generated by deterministic algorithms (not by LLMs).
5.2 AI Transparency — Deterministic engine
- •Ekygai's AI engine for programme generation is a deterministic and reproducible system. It does not use any large language model (LLM) to create training programmes.
- •The algorithms follow documented physiological and methodological rules, based on the scientific literature of sport.
- •Content generated by AI is clearly identified as such in the interface.
- •The system incorporates reactive safety rules that automatically protect the user against overload, excessive fatigue, pain and overtraining.
5.3 AI Transparency — EkyBot (conversational assistant)
In addition to the deterministic engine, Ekygai offers EkyBot, a conversational assistant powered by a third-party large language model (LLM). EkyBot enables you to:
- •Ask questions about your training, metrics and progression.
- •Analyse a specific session in detail (content, load, perceived effort).
- •Review a training week and understand proposed adjustments.
- •Discuss your active programme, objectives and strategy.
- •In coach mode: analyse the context of a specific athlete (with their consent).
Transparency and protection:
- •EkyBot is powered by the Anthropic API (Claude model). The LLM provider may change.
- •A summary of your training context is sent to the LLM to personalise responses, without personally identifiable data.
- •EkyBot responses are generated by an LLM and may contain inaccuracies. They do not constitute medical advice.
- •Conversations are saved on Ekygai's servers. Anthropic does not retain your data beyond the processing of the request.
- •Your conversations are not used to train third-party AI models.
5.4 Disclosure (Utah AI Policy Act compliance)
When the user interacts with EkyBot, they are clearly informed that they are communicating with an artificial intelligence system and not with a human being. Responses generated by the LLM are identified as such.
5.5 Classification under Regulation (EU) 2024/1689 (AI Act)
- •Ekygai's deterministic programme-generation engine is a minimal-risk AI system. It does not fall within the high-risk categories of Annex III: it provides sports decision-support, with no medical use, and the user retains the final decision (see §1 and §5.1).
- •EkyBot, as an AI system intended to interact directly with natural persons, is subject to the transparency obligations of Article 50 (limited-risk category). Users are informed that they are interacting with an AI (see §5.4).
- •Ekygai does not use its AI systems for any purpose prohibited under Article 5 of the Regulation.
6. Fitness and Physical Activity Disclaimer
6.1 Prior medical consultation
The user must consult a doctor before commencing, modifying or intensifying a training programme, particularly if they have any of the following conditions:
- •Heart or cardiovascular disease
- •High blood pressure
- •Diabetes
- •Musculoskeletal disorders
- •Pregnancy
- •Any chronic or acute medical condition
6.2 Assumption of risk
By using the platform, the user acknowledges and voluntarily accepts:
- •The inherent risks of sporting activity.
- •That AI suggestions are not infallible and may not be suited to their particular circumstances.
- •That they are solely responsible for assessing their physical ability to follow the suggested programmes.
- •That they must immediately cease any activity in the event of pain, discomfort or abnormal symptoms.
6.3 Waiver
7. Personal Data and Confidentiality
7.1 Data collected
| Category | Examples | Required |
|---|---|---|
| Account | Email, username, password (hashed) | Yes |
| Profile | Surname, first name, photo, bio | No |
| Biometric | Weight, height, resting HR, max HR, HRV | No |
| Training | Sessions, performance, objectives, programmes | Yes (functional) |
| Behavioural | Session debrief (RPE, sleep, stress, pain) | No |
| EkyBot conversations | Messages, responses, training context | Yes (if you use the chat) |
| Technical | IP address, browser type, access logs | Automatic |
7.2 Purposes of processing
Data are processed exclusively for:
- •The operation of the platform and personalisation of AI suggestions.
- •The improvement of algorithms and user experience.
- •Platform security and fraud prevention.
- •Compliance with legal obligations.
7.3 Data retention
- •Account data are retained for the duration of account activity.
- •Upon account deletion, data are erased within 30 days.
- •Anonymised and aggregated data may be retained for statistical purposes.
- •Detailed retention periods by data category are set out in the Privacy Policy (§6).
7.4 Data sharing
- •Data are never sold to third parties.
- •Data are shared only with technical service providers necessary for the operation of the service (hosting, payment processing, LLM provider for EkyBot), subject to confidentiality obligations.
- •Coach-athlete data are shared only with the explicit consent of the athlete (governance).
7.5 User rights
For all users:
- •Right of access: Obtain a copy of your personal data.
- •Right to rectification: Correct inaccurate data.
- •Right to deletion: Request the deletion of your account and data.
- •Right to portability: Receive your data in a structured format.
Additional rights for California residents (CCPA/CPRA):
- •Right to know the categories of data collected and purposes.
- •Right to opt out of the sale of personal data (Ekygai does not sell data).
- •Right to non-discrimination for exercising your rights.
Additional rights for EU residents (GDPR):
- •Right to object to processing.
- •Right to restriction of processing.
- •Right to withdraw consent at any time.
- •Right to lodge a complaint with the competent national supervisory authority of your EU/EEA country of residence (e.g. the CNIL in France).
Additional rights for UK residents (UK GDPR):
- •Right to object to processing.
- •Right to restriction of processing.
- •Right to withdraw consent at any time.
- •Right to lodge a complaint with the Information Commissioner's Office (ICO).
To exercise these rights: privacy@ekygai.com or via your account settings.
7.6 Biometric data — Special notice
7.7 International data transfers
Data may be hosted on servers located in the United States or in the European Union. International transfers are governed by Standard Contractual Clauses or equivalent protection mechanisms.
7.8 Legal bases, supervisory authority and reference to the Privacy Policy
The following information is set out in detail in the Privacy Policy:
- •The legal basis for each processing purpose (Articles 6 and 9 of the GDPR / UK GDPR).
- •The competent supervisory authorities: for EU/EEA residents, the national authority of their country of residence; for UK residents, the Information Commissioner's Office (ICO), together with EKYGAI LLP's ICO registration number.
- •The detailed retention periods by data category.
- •The data protection point of contact.
8. Subscriptions and Payments
8.1 MVP trial period
During the launch phase (MVP), athletes benefit from full free access for 30 days, with no commitment and no bank card required. This offer is reserved for Athlete accounts. Coaches and Teams/Clubs have specific offers. At the end of this period:
- •The user may subscribe to a Premium plan to retain full access.
- •In the absence of a subscription, the account automatically switches to the Free plan (limited access to calendar and dashboard).
- •Data created during the trial period are retained. They become accessible again upon subsequent subscription to a Premium plan.
8.2 Plans and pricing
All prices are quoted in USD (US Dollars). A 20% discount is applied on annual billing.
Athlete plans:
| Plan | Monthly | Annual (-20%) | Description |
|---|---|---|---|
| Free | 0 USD | 0 USD | Calendar + Dashboard only |
| Premium | 9 USD/month | 86 USD/year | Full access: AI Programmes, EkyBot, Trajectories, Analytics, Export, Governance |
Coach plans:
| Plan | Max linked athletes | Monthly | Annual (-20%) |
|---|---|---|---|
| Starter | 20 | 25 USD/month | 240 USD/year |
| Pro | 50 | 50 USD/month | 480 USD/year |
| Elite | Unlimited | 90 USD/month | 864 USD/year |
The Coach subscription includes EkyBot Coach Mode (to analyse the coach's athletes), AI Programme Builder (guided programme creation), Analytics and unlimited programmes — for the coach's use only.
Important — no inheritance. Athletes linked to a coach keep their own subscription plan. To benefit from their personal EkyBot, AI programmes and trajectories, each athlete must subscribe independently to the Athlete Premium plan (9 USD/month) or use their free 30-day trial period. The Coach subscription does not extend Premium features to linked athletes.
Team plans (Club / Federation):
| Plan | Coaches included | Athletes included | Monthly | Annual (-20%) |
|---|---|---|---|---|
| Starter | 3 | 50 | 120 USD/month | 1,150 USD/year |
| Pro | 8 | 150 | 200 USD/month | 1,920 USD/year |
| Elite | 20 | Unlimited | 450 USD/month | 4,320 USD/year |
Additional charges apply for coaches and athletes beyond the included allowance. Refer to the FAQ section 10 for details.
8.3 Payment processor
Payments are managed by Dodo Payments acting as Merchant of Record (MoR). Dodo Payments is responsible for transaction processing, invoicing and tax compliance. Accepted payment methods include Visa, Mastercard and American Express.
8.4 Automatic renewal
Subscriptions are renewed automatically and tacitly at the end of each billing period (monthly or annual), at the price in force at the time of renewal, until you cancel.
- •Cancellation: you can cancel at any time from Settings → Subscriptions. The cancellation takes effect immediately on the renewal cycle (no further charges) but you keep access until the end of the current paid period.
- •No commitment beyond the current period: cancelling does not trigger any penalty or cancellation fee.
- •Reminder: for annual subscriptions, you will receive a reminder email at least 30 days before each renewal, in compliance with the DMCC Act 2024.
8.5 Refund policy
Payments made are non-refundable, except:
- •In the event of a proven technical error preventing access to paid services.
- •Where required by the law of the user's jurisdiction.
8.6 Price changes
EKYGAI LLP reserves the right to modify subscription pricing. Any modification shall be communicated to users at least 30 days before it takes effect. Current subscriptions are not affected until their next renewal.
8.7 Right of withdrawal (UK Consumer Contracts Regulations 2013)
As a consumer based in the United Kingdom, the EEA, or any jurisdiction granting equivalent rights, you have the right to withdraw from your subscription contract within 14 calendar days from the date of purchase, without giving any reason and without penalty.
How to exercise this right
Send a written notice to support@ekygai.com or use the cancellation button in Settings → Subscriptions. We will refund the amount paid within 14 days of receiving your withdrawal notice, using the same payment method.
Loss of withdrawal right
By starting to use the paid features (AI suggestions, EkyBot, advanced analytics, etc.) within the 14-day window, you expressly agree that the service is being supplied during the withdrawal period. In doing so, you acknowledge that you lose your right of withdrawal once the service has been fully performed, in accordance with Regulation 36(3) of the Consumer Contracts Regulations 2013.
Annual subscriptions
If you withdraw within 14 days, you receive a full refund. After 14 days, the standard cancellation rules of §8.4 apply and no pro-rata refund is granted for the remainder of the period.
9. User Obligations
9.1 Responsible use
The user undertakes to:
- •Respect the principles of sporting ethics and other users.
- •Not use the platform for fraudulent, illegal or unethical purposes.
- •Not share their login credentials.
- •Not disseminate inappropriate, offensive or illegal content.
- •Comply with applicable anti-doping regulations.
9.2 Anti-doping compliance
9.3 Use of EkyBot
When using EkyBot, the user undertakes to:
- •Not attempt to extract confidential or proprietary information from the platform via the chat.
- •Not use EkyBot to generate illegal, offensive or unethical content.
- •Understand that EkyBot responses are informational and do not replace the advice of a healthcare professional.
- •Not submit sensitive personal data of third parties in conversations.
9.4 Third-party services
The user must comply with the terms of service of third-party services integrated into Ekygai (Apple Health, Health Connect, and other future integrations).
10. Intellectual Property
10.1 Platform ownership
The Ekygai platform, including its algorithms, source code, interfaces, content, documentation and training methods, is the exclusive property of the Company. The EKYGAI trade mark is used by the Company as proprietor or rightful holder.
The EKYGAI trade mark is registered with the EUIPO (No. 019333533) and with the OMPIC (Moroccan Office of Industrial and Commercial Property) under No. 280773 (class 42), registered on 13 February 2025 and valid until 13 February 2035. The domains ekygai.com, ekygai.net and the other ekygai domains held by the proprietor are the property of the proprietor.
10.2 Licence to use
The Company grants the user a limited, non-exclusive, non-transferable and revocable licence to use the platform, subject to compliance with these Terms.
10.3 Restrictions
The user shall not:
- •Copy, reproduce, modify, adapt or distribute all or part of the platform.
- •Reverse-engineer, disassemble or attempt to access the source code.
- •Circumvent or alter security measures.
- •Use the Ekygai name, logo or branding without prior written authorisation.
- •Use the platform to develop a competing product.
10.4 User content
The user retains ownership of their personal data and content. By submitting content to the platform, the user grants Ekygai a limited licence to use that content solely for the purpose of providing the service.
11. Liability and Limitations
11.1 Provision "as is"
11.2 Limitation of liability
11.3 Specific exclusions
Ekygai shall not be held liable for:
- •Injuries, physical damage or deterioration of the user's health.
- •Consequences of decisions taken by the user on the basis of AI suggestions.
- •Malfunctions, calculation errors or temporary unavailability of the platform.
- •Erroneous data from connected third-party services (Apple Health, Health Connect, etc.).
- •Incompatibility with third-party hardware, software or browsers.
- •Loss of data resulting from a technical failure.
11.4 Force majeure
The Company shall not be held liable for any delay or failure to perform resulting from force majeure (natural disaster, cyberattack, server outage beyond its control, pandemic, government action, etc.).
12. Suspension and Termination
12.1 Suspension by Ekygai
Ekygai reserves the right to suspend or terminate an account in the event of:
- •Breach of these Terms.
- •Fraudulent or abusive use of the platform.
- •Breach of anti-doping regulations.
- •Non-payment of a subscription.
12.2 Termination by the user
The user may terminate their account at any time from their account settings. Termination results in:
- •Cessation of access to the platform.
- •Deletion of data within 30 days.
- •Cancellation of any current subscription (without refund of the current period).
12.3 Updates to the Terms
Any material modification to these Terms shall be communicated to users at least 30 days before it takes effect, by email or by notification within the platform. Continued use after that date constitutes acceptance of the new terms.
13. Dispute Resolution
13.1 Amicable resolution
In the event of a dispute, the parties undertake to seek an amicable resolution within 30 days.
13.2 Arbitration
Any dispute not resolved amicably shall be submitted to binding arbitration in accordance with the applicable rules, at the Company's registered office in London, United Kingdom, or by any competent arbitration body agreed between the parties (subject to the territorial limitation set out in §13.5: this clause does not apply to users acting as consumers resident in the European Union or the United Kingdom).
13.3 Class action waiver
13.4 Subsidiary jurisdiction
For users not resident in the United States, any dispute shall be submitted to the competent jurisdiction in accordance with the applicable conflict of laws rules.
13.5 Territorial limitation
The provisions of §13.2 (binding arbitration) and §13.3 (class action waiver) do not apply to users acting as consumers and residing in the European Union, the United Kingdom or any other jurisdiction where such clauses are deemed unfair or unenforceable (in particular under Directive 93/13/EEC and the Consumer Rights Act 2015). Such users retain all of their mandatory legal rights, including the right to bring proceedings before the courts of their place of residence and to participate in any collective action available under their national law.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales. For users residing in the European Union, mandatory provisions of consumer law in their country of residence shall continue to apply.
15. General Provisions
15.1 Entire agreement
These Terms, together with the Privacy Policy and any applicable subscription agreement, constitute the entire agreement between the user and the Company.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.3 No waiver
The failure of the Company to exercise any right provided for in these Terms shall not constitute a waiver of that right.
15.4 Assignment
The user may not assign their rights or obligations without the prior written consent of the Company. The Company may assign these Terms in connection with a merger, acquisition or sale of assets.
15.5 Contact
For any questions regarding these Terms:
- •Email: support@ekygai.com
- •Registered office: EKYGAI LLP (Partnership No. OC460332), 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom
- •Website: ekygai.com