Terms of Service

1. Agreement to these Terms

DropPace is operated by Nuko Nova Dynamics LLC ("DropPace," "we," "us," or "our"), a Florida limited liability company. These Terms of Service (the "Terms") govern your use of the DropPace mobile application (the "app"), the websites at droppace.com and droppace.app, and everything we offer through them (together, the "service"). These Terms also serve as the end-user license agreement for the app.

By installing, accessing, or using the service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service.

2. Eligibility

You must be at least 13 years old to use DropPace — or at least 16 if you are in the European Economic Area or the United Kingdom, or such higher age as your local law requires for consent to the processing of your data — unless a parent or legal guardian agrees to these Terms on your behalf and supervises your use. By using the service you represent that you meet these requirements and that the information you provide is accurate. If you do not, you may not use the service.

3. The service

DropPace turns your completed runs into share-ready images. With your permission it reads your workout data, lets you provide a photo, and uses a third-party AI provider to generate or restyle an image with your route and stats. The app does not require an account. Some features depend on a subscription, a trial, or a purchased entitlement, as described in section 9.

4. License to use the app

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the app on a device you own or control, solely for your own personal, non-commercial use. We and our licensors retain all right, title, and interest in the service, including all intellectual property in it. These Terms do not grant you any rights to our names, logos, or brand features.

5. Your content

You retain all rights in the photos and workout data you provide ("your content"). By using DropPace, you grant us a limited, worldwide, royalty-free license to host, process, transmit, and display your content solely to operate and provide the service — including transmitting it to the third-party AI provider described in our Privacy Policy and rendering, storing, and delivering your generated image. This license ends when your content is deleted in the ordinary course of the service, except for copies retained as required by law.

You are solely responsible for your content, for every choice you make in the app — including the style, the stats, and the photo you select — and for how you use, share, post, print, distribute, or commercialize any image you create. You represent and warrant that: you own or have all rights, licenses, and permissions needed to provide your content and to create and use the resulting image; your content, your selections, and your use of any output do not and will not infringe, dilute, misappropriate, or violate any copyright, trademark, trade dress, patent, trade secret, right of publicity, privacy right, or other right of any person or entity, or imply any endorsement, sponsorship, or affiliation that does not exist; and every identifiable person who appears in a photo you upload has consented to your use of their image. You are solely responsible for obtaining any third-party clearances or licenses your intended use requires, especially for any commercial use. You must comply with our Acceptable Use Policy, which is part of these Terms.

6. Generated images

Subject to these Terms and to the underlying AI provider's terms, as between you and us you own the share image DropPace produces from your inputs. You may share it on social media, save it to your device, or print it for personal use. You may not resell DropPace-generated images as part of a competing or substantially similar service.

AI-generated outputs are not unique and similar inputs may produce similar results for other users; we do not warrant that any output is original, accurate, or free of third-party rights. Every generated image includes an embedded "Software" metadata tag identifying it as produced with DropPace and marking it as AI-generated; you agree not to remove or alter this metadata to misrepresent an image's origin.

You alone choose which style, stats, and inputs to use, and you are solely responsible for reviewing each image and for deciding whether and how to use it. Styles are independent, original creative interpretations. They are not affiliated with, sponsored by, endorsed by, or associated with any third party, brand, product, character, or person that an output might call to mind, and no such affiliation or endorsement is intended or implied. Because generative AI draws on broad visual concepts, an output may coincidentally resemble an existing work, style, brand, trade dress, character, or person; this is inherent to the technology, we do not intend it, and we do not represent or warrant that any output is original or free of such resemblance. You are responsible for ensuring your use of any output does not infringe third-party rights or imply any endorsement or affiliation, and to the maximum extent permitted by law you assume all risk arising from your selections and from your use of any output.

7. AI features and their limits

DropPace relies on third-party generative-AI models to create your image and to validate its stats. Generative AI is probabilistic: it may fail, retry, take time, or produce results you do not expect, and on-image stats may occasionally differ from your source data despite our validation step. You are responsible for reviewing each image before you share it. The service and its outputs are provided for personal, entertainment, and creative purposes only.

8. Not medical, fitness, or professional advice

DropPace is not a medical, health, fitness, or coaching service and does not provide medical or professional advice. Workout stats and routes are read from your device and from Apple HealthKit or Google Health Connect; we do not generate, measure, or independently verify them, and we do not warrant their accuracy, completeness, or fitness for any purpose. Do not rely on DropPace for any health, safety, training, or navigational decision. Running and other physical activity carry inherent risks; you participate at your own risk and should consult a qualified professional before beginning or changing any exercise program. To the maximum extent permitted by law, you assume all risk arising from your physical activity and from your reliance on any data shown in the app.

9. Subscriptions, trials, and purchases

Store subscriptions and trials

DropPace offers store-managed subscriptions and, where eligible, a store-managed free trial. The in-app purchase screen and the App Store or Google Play confirmation sheet show the current subscription title, duration, price, billing frequency, renewal terms, trial terms, and included benefits before you confirm a purchase. Subscriptions auto-renew unless canceled through your App Store or Google Play account before the renewal date. You can manage or cancel store subscriptions from the in-app Settings screen or directly from your Apple or Google account. Refunds for store purchases are handled by Apple or Google according to their published policies.

Lifetime purchases

We may offer a one-time "lifetime" entitlement that you can purchase directly from us (for example, through our website), processed by our third-party payment processor. "Lifetime" means for the operational lifetime of the DropPace service as it exists from time to time. It does not mean the natural life of any person, and it is not a promise that the service, any feature, or any quality tier will remain available for any minimum period.

We are under no obligation to operate the service indefinitely. We may change, limit, suspend, or permanently discontinue the service or any part of it at any time and at our sole discretion — including if, in our judgment, the service is no longer commercially or operationally viable — with or without notice. If we permanently discontinue the service (or the features your lifetime entitlement covers), your entitlement ends.

As a good-faith commitment, if we permanently discontinue the service we will provide a pro-rated refund of your lifetime purchase price based on how long you have had access: the refund is largest if we discontinue soon after your purchase and decreases the longer you have had access, calculated in good faith by reference to a 24-month period measured from your purchase date. Once you have had access for that 24-month period, the purchase is considered fully delivered and no refund is owed. To the maximum extent permitted by law, this pro-rated refund is your sole and exclusive remedy if we discontinue the service.

Access is delivered to the email address you provide, via an access link and backup code that you are responsible for keeping secure. Apart from the pro-rated refund described above, and to the maximum extent permitted by law, these purchases are final and non-refundable once the entitlement has been delivered or redeemed — including if you simply change your mind — except where applicable law requires otherwise (for example, statutory withdrawal rights for consumers in the EEA or the UK). For questions about a direct purchase, email [email protected].

EEA and UK consumers: 14-day right of withdrawal

If you are a consumer in the European Economic Area or the United Kingdom, you have a statutory right to withdraw from a purchase made on our website within 14 days of the purchase, without giving any reason, for a full refund. To exercise it, email [email protected] within that period with a clear statement that you are withdrawing from the purchase. You may, but do not have to, use this model text: "I hereby give notice that I withdraw from my contract for the supply of the following digital content: DropPace lifetime entitlement, ordered on [date], [your name and email address]." We will refund you using your original payment method within 14 days of receiving your withdrawal notice.

Where, during checkout, you expressly request immediate delivery of your entitlement and acknowledge that you lose your right of withdrawal once delivery has begun, your right of withdrawal ends when we deliver your access link. Nothing in this section limits any consumer rights that cannot be waived under your local law.

Other entitlements and changes

Any non-store entitlement you redeem is governed by the receipt or offer terms provided when it was purchased or issued, except where applicable law requires otherwise. We may change our prices, plans, and features going forward; changes do not affect a fixed-term entitlement you have already paid for during its term.

10. Acceptable use

You must use DropPace lawfully and in line with our Acceptable Use Policy. Among other things, you agree not to submit fabricated or spoofed workout data; upload content that is illegal, infringing, defamatory, sexually explicit, or that depicts a real person without their permission; reverse-engineer, decompile, or scrape the service; circumvent usage limits, rate limits, security, or platform billing; or use DropPace to build a competing service. We may suspend or terminate access for any violation.

11. Copyright, trademarks, and reporting illegal content

We respect intellectual-property rights and respond to valid notices of claimed infringement. If you believe content available through the service infringes your copyright, follow the process in our Copyright / DMCA Policy. We may remove infringing content and terminate repeat infringers.

We also respect brands and creators. Our styles are meant to be original interpretations, not a way to trade on anyone's trademark. If you are a rights-holder and you believe a style or a generated image infringes your trademark or other rights, or implies an endorsement or affiliation that does not exist, just email [email protected] with the details. We will review it promptly and cooperate in good faith, including removing or modifying the content or retiring the style where appropriate. We would always rather fix it quickly than have a dispute.

You can also report any content available through the service that you believe is illegal — not just copyright — by emailing [email protected] with the details described in the reporting section of our Acceptable Use Policy. We confirm receipt, review reports diligently and without undue delay using a combination of automated checks and human review (enforcement decisions are made by a person), and reply with our decision and how to contest it through the same channel. If we remove or disable content you shared or restrict your access, we will — where required by law — give you a statement of reasons and a way to object. We prioritize reports of intimate or sexual imagery of a person shared without their consent and aim to remove such content within 48 hours of a valid report. We are not obligated to monitor content.

12. Service changes and availability

We may modify, suspend, or discontinue any part of the service at any time, with or without notice. We target high availability but do not guarantee that the service will be uninterrupted, timely, secure, or error-free. AI-generated outputs are produced by third-party models and may occasionally fail, retry, or produce unexpected results.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL GENERATED IMAGES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR ITS PROVIDERS ARE FREE OF HARMFUL COMPONENTS, OR THAT ANY GENERATED IMAGE OR STAT WILL BE ACCURATE OR MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE ABOVE, WE DO NOT REPRESENT OR WARRANT THAT ANY STYLE OR GENERATED IMAGE IS ORIGINAL, NON-INFRINGING, OR FREE OF RESEMBLANCE TO ANY EXISTING WORK, BRAND, TRADE DRESS, CHARACTER, OR PERSON, AND WE DISCLAIM ANY AFFILIATION WITH, SPONSORSHIP BY, OR ENDORSEMENT BY ANY THIRD PARTY THAT AN OUTPUT MIGHT EVOKE. ALL THIRD-PARTY NAMES, BRANDS, AND MARKS ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. YOU SELECT AND USE STYLES AND OUTPUTS AT YOUR OWN RISK.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DROPPACE NOR ITS OFFICERS, MEMBERS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR IMAGES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF OUR AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU, AND NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

15. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless DropPace and its officers, members, managers, employees, contractors, and agents (the "DropPace Parties") from and against any and all claims, demands, actions, investigations, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your content; (b) your selections in the app, including the styles, stats, and inputs you choose; (c) any image or output you create and your use, sharing, posting, printing, distribution, or commercial exploitation of it; (d) any claim that your content, your selections, or any output infringes, dilutes, misappropriates, or violates a third party's copyright, trademark, trade dress, patent, trade secret, right of publicity, privacy, or other right, or implies a false endorsement, sponsorship, or affiliation; (e) your use or misuse of the service; (f) your violation of these Terms or our policies; and (g) your violation of any law or the rights of any person or entity. We may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us, and you will not settle any such matter without our prior written consent. This section survives termination of these Terms.

16. Apple App Store and Google Play

If you obtained the app through the Apple App Store or Google Play, the following applies, and these Terms are between you and DropPace only — not Apple or Google:

• Not a party. Apple and Google are not parties to these Terms and are not responsible for the app or its content. DropPace, not Apple or Google, is solely responsible for the app.
• Scope of license. The license granted in section 4 is limited to use of the app on Apple- or Google-branded products or devices you own or control, and as permitted by the usage rules of the applicable store terms.
• Maintenance and support. DropPace is solely responsible for any maintenance and support for the app. Apple and Google have no obligation to provide any maintenance or support.
• Warranty. DropPace is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) of the app; to the maximum extent permitted by law, Apple has no other warranty obligation for the app.
• Product and IP claims. DropPace, not Apple or Google, is responsible for addressing any claims relating to the app, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, consumer-protection claims, claims arising in connection with the app's use of the HealthKit framework, and claims that the app infringes a third party's intellectual-property rights. In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual-property rights, DropPace, not Apple or Google, is solely responsible for the investigation, defense, settlement, and discharge of the claim.
• Developer contact. The developer of the app is Nuko Nova Dynamics LLC, 66 W Flagler Street, Suite 900, PMB 12050, Miami, FL 33130. Direct any questions, complaints, or claims about the app to [email protected].
• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and Google and their subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.
• Store terms. You must also comply with the applicable App Store or Google Play terms of service. For any app-related complaint, contact us at [email protected].

17. Dispute resolution; arbitration; class-action waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Informal resolution first. Before starting any proceeding, you agree to try to resolve the dispute informally by emailing [email protected] with a description of your claim. We will try in good faith to resolve it for 60 days before either side begins arbitration.

Binding arbitration. Except for the carve-outs below, you and DropPace agree that any dispute arising out of or relating to these Terms or the service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this section. Judgment on the award may be entered in any court with jurisdiction.

Class-action and jury waiver. You and DropPace agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. You and DropPace waive any right to a jury trial.

Carve-outs. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in the courts identified below for actual or threatened infringement or misuse of intellectual property or breach of confidentiality. These matters are not subject to arbitration.

30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with your decision to opt out. Opting out does not affect any other part of these Terms.

Severability. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and brought in the courts identified below, while all other claims proceed in arbitration. To the extent any claim proceeds in court, you and DropPace waive any right to a jury trial.

18. Governing law and venue

These Terms and any dispute arising out of or relating to them or the service are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, and, where applicable, by the Federal Arbitration Act. For any matter not subject to arbitration, you and DropPace consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and waive any objection to that forum. To the maximum extent permitted by law, any claim must be brought within one year after it arises. Mandatory consumer-protection rights under your local law are not affected by this section.

19. Termination

You may stop using the service at any time and delete the app and your data. We may suspend or terminate your access to the service at any time, with or without notice, if you violate these Terms or our policies, if we reasonably believe your use creates risk or legal exposure, or if we discontinue the service. On termination, the license in section 4 ends and you must stop using the service. Sections that by their nature should survive — including content licenses you have granted, disclaimers, limitation of liability, indemnification, dispute resolution, and these miscellaneous terms — survive termination.

20. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you in-app. Your continued use of DropPace after a change takes effect means you accept the updated Terms. If you do not agree, stop using the service.

21. Miscellaneous

These Terms, together with the Privacy Policy, the Acceptable Use Policy, and the Copyright / DMCA Policy, are the entire agreement between you and DropPace about the service and supersede any prior agreements. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. We are not liable for any delay or failure caused by events beyond our reasonable control. You agree we may provide notices to you in the app or at any email you provide. You must comply with all applicable export-control and sanctions laws. The English version of these Terms controls.

22. Contact

Questions about these Terms? Email [email protected]. That mailbox is also our single point of contact for users and for member state authorities, the European Commission, and the European Board for Digital Services under the EU Digital Services Act; you can write to us there in English.