Terms of Use
Last updated: January 23, 2026
1. Agreement to Terms
These Terms of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Sidewave Digital Inc. ("we," "us," or "our"), concerning your access to and use of the Torvo mobile application (the "App").
By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the App and you must discontinue use immediately.
2. IMPORTANT: Assumption of Risk & Fitness Disclaimer
The Torvo App is a workout tracking and logging tool only. It is NOT a personal trainer, fitness instructor, medical device, or healthcare provider. The App does not provide fitness advice, exercise instruction, medical advice, diagnosis, or treatment of any kind.
PHYSICAL ACTIVITY INVOLVES INHERENT RISKS. By using this App, you acknowledge and agree that: (a) you are voluntarily participating in physical exercise activities; (b) physical exercise carries inherent risks including, but not limited to, muscle strains, sprains, fractures, cardiovascular events, exhaustion, overexertion, and other physical injuries or death; (c) you assume full responsibility for any and all risks, injuries, or damages, known or unknown, which you might incur as a result of participating in any physical activity while using or in connection with using this App.
Any workout routines, progressive overload suggestions, exercise data, or other information displayed in the App are for informational and tracking purposes only. You are solely responsible for determining whether any exercise is appropriate for your fitness level, physical condition, and health status. We strongly recommend consulting with a qualified physician, certified personal trainer, or other healthcare professional before beginning any exercise program or using this App.
YOU EXPRESSLY WAIVE AND RELEASE SIDEWAVE DIGITAL INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO ANY INJURY, ILLNESS, DEATH, OR DAMAGE TO PERSON OR PROPERTY THAT YOU MAY SUSTAIN AS A RESULT OF YOUR USE OF THE APP OR PARTICIPATION IN ANY PHYSICAL ACTIVITY.
3. Use of the App
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this license.
You agree not to use the App for any purpose that is illegal or prohibited by these Terms.
4. User-Generated Content
You are solely responsible for the data and content you enter into the App ("User Content"). You represent and warrant that your User Content does not violate any law or the rights of any third party. As outlined in our Privacy Policy, all User Content is stored locally on your device or in your personal iCloud account, and we have no access to it.
5. Intellectual Property Rights
The App is the property of Sidewave Digital Inc. and is protected by copyright, trademark, and other intellectual property laws. The App, including its source code, design, text, graphics, and all other content, is provided for your personal, non-commercial use only.
6. Termination
These Terms shall remain in full force and effect while you use the App. You may terminate your use of the App at any time by deleting it from your device. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App to any person for any reason or for no reason.
7. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE APP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP'S CONTENT, INCLUDING BUT NOT LIMITED TO ANY EXERCISE DATA, WORKOUT SUGGESTIONS, PROGRESSIVE OVERLOAD RECOMMENDATIONS, WEIGHT OR REP CALCULATIONS, OR ANY OTHER FITNESS-RELATED INFORMATION. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY, BODILY HARM, PHYSICAL DAMAGE, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP OR ANY PHYSICAL ACTIVITY UNDERTAKEN IN CONNECTION WITH THE APP, (3) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, OR (4) ANY LOSS OR CORRUPTION OF DATA ENTERED INTO THE APP.
8. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF DATA, PERSONAL INJURY, BODILY HARM, PHYSICAL INJURY, EMOTIONAL DISTRESS, PAIN AND SUFFERING, MEDICAL EXPENSES, REHABILITATION COSTS, OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE APP OR ANY PHYSICAL ACTIVITY UNDERTAKEN IN CONNECTION WITH YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE APP DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00 USD).
9. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the App; (2) your breach of these Terms of Use; (3) your violation of the rights of a third party, including but not limited to intellectual property rights; (4) any physical activity, exercise, or workout you perform in connection with your use of the App; or (5) any injury, illness, death, or damage sustained by you or any third party as a result of your physical activities or use of the App.
10. Governing Law
These Terms and your use of the App are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
11. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations within thirty (30) days, the dispute shall be submitted to binding arbitration in accordance with the arbitration rules of the ADR Institute of Canada. The arbitration shall take place in Toronto, Ontario, Canada, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding upon the parties. You agree that any arbitration shall be conducted on an individual basis and not as a class action or other representative proceeding. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration against us.
12. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The invalidity of any provision shall not affect the validity of any other provision of these Terms.
13. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sidewave Digital Inc. regarding your use of the App, and supersede all prior and contemporaneous written or oral agreements, communications, and other understandings relating to the subject matter of these Terms.
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms within the App and updating the "Last updated" date. You are advised to review these Terms periodically for any changes. Your continued use of the App after such changes constitutes your acceptance of the new Terms.
15. Contact Us
If you have any questions about these Terms of Use, please contact us:
Sidewave Digital Inc.
Email: torvo@sidewavedigital.com
Website: www.sidewavedigital.com