Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Hummingbird mobile application and any related websites or services (collectively, the “Service”). By downloading, installing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The Service is provided by Spicy Ginger Labs LLC (“we”, “us”, “our”). You can contact us at spicy.ginger.labs@gmail.com.

1. Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction to consent to the processing of your personal information) to use the Service. If you are under the age of majority in your jurisdiction, you represent that you have your parent or legal guardian’s permission to use the Service.

2. Not medical advice; your representations

Heart-rate, heart-rate-variability (HRV), and related signals shown by the app are for personal information only. They are derived from consumer-grade Bluetooth sensors that you choose to pair with the app, and from signal-processing estimates; they are not clinical measurements and should not be used to make medical decisions.

You should consult a qualified healthcare professional before starting any new breathing, humming, or stress-reduction practice, particularly if you have a heart or lung condition, asthma or other respiratory condition, high or low blood pressure, are pregnant, have recently undergone surgery, have a history of syncope, fainting, dizziness, panic attacks, seizures, or post-traumatic stress, or have any other condition that could be affected by breath-pacing or sustained vocalization. If you experience pain, shortness of breath, dizziness, lightheadedness, chest discomfort, ringing in the ears, tingling in the extremities, panic, or any other adverse symptom while using the Service, stop immediately and seek medical attention.

Your representations. By using the Service, you represent and warrant that: (a) you have read and understood the medical disclaimers above; (b) to the best of your knowledge you have no medical condition that contraindicates breath-pacing, breath-holding, paced humming, or sustained vocal exercises; (c) you have consulted, or have made an informed decision not to consult, a qualified healthcare professional before using the Service; and (d) you are using the Service voluntarily, of your own free will, and at your own discretion. You are solely responsible for how you use the Service and any outcomes from that use.

3. Assumption of risk and release

Voluntary assumption of risk. You knowingly, voluntarily, and expressly assume all risks of any kind associated with your use of the Service, whether known or unknown, foreseen or unforeseen, and whether caused in whole or in part by the ordinary negligence of any Released Party (as defined below). You acknowledge that no aspect of the Service eliminates these risks.

Release and waiver. To the maximum extent permitted by applicable law, you hereby release, waive, discharge, and covenant not to sue Spicy Ginger Labs LLC and its members, managers, officers, employees, contractors, agents, affiliates, successors, assigns, and licensors (each, a “Released Party”) from any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses (including attorneys’ fees) of any kind, whether based in contract, tort (including ordinary negligence), strict liability, statute, or any other legal theory, arising out of or relating to your use of the Service, including any bodily injury, illness, mental or emotional injury, property damage, or death. This release does not apply to liability that, by applicable law, cannot be released, including liability for gross negligence, willful misconduct, or fraud.

If you are using the Service on behalf of, or while supervising, another person (including a minor), you agree to assume the risks and grant the release in this Section 3 on that person’s behalf as well, to the fullest extent permitted by law.

4. Your device and permissions

The Service needs access to your device’s microphone to detect pitch during a humming session, and optionally Bluetooth to read heart-rate data from a paired monitor. You control these permissions in your operating system settings and may revoke them at any time; doing so may limit or disable parts of the Service.

You are responsible for maintaining the device on which you run the Service, including operating-system updates, battery, paired sensor hardware, and general device security. We are not responsible for hardware problems, sensor accuracy, or data loss caused by device failure.

5. License to use the Service

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on a device that you own or control, for your own personal, non-commercial use.

You may not: (a) copy, modify, reverse-engineer, decompile, or disassemble the Service except to the extent permitted by applicable law; (b) rent, lease, sublicense, resell, or otherwise commercially exploit the Service; (c) use the Service to build a competing product; (d) remove or alter any copyright, trademark, or proprietary notices; or (e) use the Service in a way that violates applicable law or these Terms.

6. Purchases (“Hummingbird Pro”)

The Service offers a one-time in-app purchase that unlocks additional features (“Pro”), and may offer an introductory free-trial period before the purchase. All purchases are processed by the platform you installed the app from — Apple’s App Store or Google Play — and are subject to the platform’s own billing terms and refund policies:

• Apple Media Services Terms & Conditions: apple.com/legal/internet-services/itunes
• Google Play Terms of Service: play.google.com/about/play-terms

Because payment is handled by Apple or Google, refund requests are also handled by Apple or Google. We cannot directly issue refunds for platform-billed purchases.

Pro is a non-consumable purchase: once purchased, it is restored across your own devices signed in to the same App Store or Google Play account. If Family Sharing is enabled for the product on the relevant platform, your family members may also access Pro.

We may, at our sole discretion and without notice, add, modify, remove, or re-scope features included in the free tier or in Pro, provided that we do not remove a paid feature from users who have already purchased Pro. Pricing may change for future purchasers. Existing purchasers are not affected by future price changes of the same product.

7. Your data

Session data, settings, calibration, and paired-device records are stored locally on your device. The Service does not upload this data to a server. For details, see our Privacy Policy.

You are responsible for backing up your data if you want to preserve it. The Service provides a manual JSON export/import feature and is compatible with your device’s operating-system backup (iCloud on iOS, Google Drive on Android) if you have those enabled. We are not responsible for data loss caused by device loss, device reset, uninstallation, operating-system behavior, or any third-party backup service.

8. Intellectual property

The Service, including all software, text, graphics, audio, user interface, designs, and trademarks (including the name “Hummingbird” as used for this app), is owned by us or our licensors and is protected by copyright, trademark, and other laws. Except for the limited license granted in Section 5, these Terms do not grant you any right or license to any of our intellectual property.

Feedback, bug reports, and feature suggestions you voluntarily send us may be used by us without restriction and without compensation to you.

9. Third-party components and devices

The Service may incorporate third-party open-source components, each licensed under its own terms. Where required by those licenses, attributions are included in the app or in its source repository. Your use of the Service is also subject to the terms of the platform you installed it from (Apple or Google) and, for Bluetooth features, to the terms and privacy policies of any hardware vendor whose device you choose to pair.

Third-party devices are not our products. Bluetooth heart-rate monitors, chest straps, earbuds, and any other third-party hardware used with the Service are manufactured and supported by their respective vendors. We do not warrant, endorse, or assume any responsibility for third-party devices, their accuracy, their safety, their firmware, or their continued compatibility with the Service. Any claims relating to a third-party device are between you and that vendor.

WHOOP and other vendor names. WHOOP is a trademark of WHOOP, Inc. Polar, Garmin, and other vendor names referenced in the Service or its marketing are the trademarks of their respective owners. Hummingbird and Spicy Ginger Labs LLC are not affiliated with, endorsed by, sponsored by, or otherwise associated with WHOOP, Inc. or any other hardware vendor. References to a vendor or product describe interoperability with that vendor’s standard Bluetooth heart-rate broadcast (0x180D) only; the vendor controls its own hardware, firmware, and broadcast feature, and may change or discontinue it at any time without notice to us, which may affect compatibility with the Service.

10. Acceptable use

You agree not to:

• use the Service for any unlawful purpose or in violation of any applicable law;
• attempt to gain unauthorized access to the Service or to any system or network connected to it;
• interfere with or disrupt the operation of the Service;
• use the Service to harm yourself or others; or
• misrepresent, tamper with, or fabricate biofeedback, heart-rate, or session data in a way that deceives another person.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

WE MAKE NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY PITCH, HEART-RATE, HRV, RESPIRATION, COHERENCE, MOOD, OR OTHER BIOFEEDBACK READING, SCORE, OR INSIGHT DISPLAYED BY THE SERVICE. SUCH OUTPUTS DEPEND ON CONSUMER-GRADE SENSOR HARDWARE, AMBIENT CONDITIONS, AND ON-DEVICE SIGNAL PROCESSING; THEY ARE ESTIMATES, NOT CLINICAL MEASUREMENTS, AND SHOULD NOT BE RELIED ON FOR ANY MEDICAL, DIAGNOSTIC, SAFETY, FITNESS, OR EMPLOYMENT DECISION.

WE DO NOT WARRANT OR GUARANTEE ANY PARTICULAR HEALTH, WELLNESS, RELAXATION, SLEEP, MOOD, ANXIETY, STRESS, HRV, PERFORMANCE, SPIRITUAL, OR BEHAVIORAL OUTCOME FROM USE OF THE SERVICE. INDIVIDUAL RESULTS VARY AND MAY BE ZERO OR NEGATIVE.

THIRD-PARTY CONTENT, DEVICES, AND SERVICES ACCESSED THROUGH OR USED WITH THE SERVICE ARE PROVIDED BY THEIR RESPECTIVE OWNERS AND ARE NOT WARRANTED BY US.

12. Limitation of liability

Basis of the bargain. You acknowledge that the disclaimers, assumption-of-risk, release, limitations, and caps in Sections 2, 3, 11, and this Section 12 are essential elements of the bargain between you and us, that we would not provide the Service on the economic terms offered without them, and that they will apply even if any limited remedy is found to have failed of its essential purpose.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SUPPLIERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, HEALTH, OR WELL-BEING, OR FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, OR DEATH, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID US (OR PAID APPLE OR GOOGLE ON OUR BEHALF) FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 50; AND IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY EXCEED USD 100.

Time limit on claims. Any claim or cause of action arising out of or relating to these Terms or the Service must be filed within ONE (1) YEAR after the claim or cause of action accrued, or it will be permanently barred, to the fullest extent permitted by applicable law. This shortens any longer statute of limitations that would otherwise apply.

Savings clause. Some jurisdictions do not allow the exclusion or limitation of certain warranties, damages, or statutes of limitation, so some of the above may not apply to you. If any exclusion, limitation, or cap in these Terms is held unenforceable for any reason, the remaining provisions will remain in full effect and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable, preserving as much of our protection as applicable law allows. Nothing in these Terms limits liability that, under applicable law, cannot be limited.

Non-waivable consumer protections. Nothing in these Terms is intended to waive, limit, or exclude any non-waivable rights you may have under the Washington Consumer Protection Act (RCW 19.86) or under similar non-waivable consumer-protection statutes of your state or country of residence. Where a provision of these Terms would conflict with such a non-waivable right, the non-waivable right controls as to that claim, and the remaining provisions of these Terms continue to apply.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us and our affiliates, members, managers, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in any way connected with: (a) your use of or inability to use the Service; (b) your violation of these Terms; (c) your violation of any rights of another person or entity; (d) any bodily injury, property damage, or other harm suffered by you or by a third party in connection with your use of the Service; or (e) your breach of any representation or warranty you made in these Terms.

14. Force majeure

We will not be liable for any failure or delay in performance of the Service or our obligations under these Terms caused by circumstances beyond our reasonable control, including acts of God, natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, government action, labor disputes, power or utility failures, internet or telecommunications failures, failures or changes of third-party services or platforms (including Apple, Google, Bluetooth vendors, or operating-system providers), cyberattacks, or other events of force majeure.

15. Termination

You may stop using the Service at any time by uninstalling the app. We may suspend or terminate your access to the Service, or stop providing the Service altogether, at any time, with or without notice, for any reason, including if we believe you have violated these Terms. On termination, any provision of these Terms that by its nature should survive termination will survive, including (without limitation) Sections 2, 3, 7, 8, 11–14, 17, 18, 19, and 20.

16. Changes to the Service and Terms

We may change, add, or remove features of the Service at any time. We may also update these Terms from time to time. If we make a material change, we will update the “Last updated” date above and, where reasonable, notify you in-app or on this page before the change takes effect. Your continued use of the Service after a change means you accept the updated Terms.

17. Disputes; informal resolution; binding arbitration; waivers

Governing law. These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the arbitration clause in this Section. Nothing in this Section deprives you of mandatory consumer protections under the law of your country of residence.

Informal dispute resolution (required first step). Before filing any claim in arbitration or in court, you and we agree to attempt to resolve the dispute informally for at least thirty (30) days. To start the process, the party raising the dispute must send a written description of the claim, the relief sought, and the contact information for the claimant. If you are the claimant, send the notice to spicy.ginger.labs@gmail.com. If we are the claimant, we will send the notice to the contact information you have on file with us, including any email address you provided through your platform purchase or to support, and where no contact information is available we will make reasonable efforts to reach you (including in-app notice) before initiating any claim. The thirty-day clock starts on the date the notice is received. Any applicable statute of limitations and the one-year contractual time-bar in Section 12 are tolled while the parties engage in this informal process. Compliance with this informal-resolution step is a condition precedent to filing arbitration or suit.

Binding individual arbitration. If the dispute is not resolved through the informal-resolution process within thirty (30) days, you and we agree that any claim, dispute, or controversy arising out of or relating to these Terms, the Service, our marketing, or our relationship will be resolved exclusively by final and binding individual arbitration, and not in court (except as set out in “Small-claims carve-out” below). The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at adr.org), and, where applicable, the AAA Mass Arbitration Supplementary Rules. The arbitrator, not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable. The arbitrator’s award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. Each party bears its own attorneys’ fees and costs except as the AAA Consumer Rules or applicable law require otherwise; AAA filing-fee allocation follows the AAA Consumer Rules’ consumer-fee caps.

Coordinated or mass filings. If twenty-five (25) or more substantially similar arbitration demands are or may be filed against us by or with the coordination of the same law firm or organization, the arbitrator may, at our request, order such demands to be batched and heard in successive tranches consistent with the AAA Mass Arbitration Supplementary Rules, in order to manage the proceeding efficiently. Statutes of limitation and the one-year contractual time-bar in Section 12 are tolled for any demand whose hearing is deferred to a later tranche under this paragraph.

Arbitration location and format. For claims under USD 25,000, the arbitration will be conducted by telephone or video conference unless the arbitrator determines an in-person hearing is necessary. For claims of USD 25,000 or more, the arbitration will be conducted in King County, Washington, unless you and we agree to a different location. Where an in-person hearing is required, you may attend remotely if you so request.

Small-claims carve-out. Notwithstanding the arbitration clause above, either party may bring an individual claim in a small-claims court of competent jurisdiction, so long as (a) the claim falls within that court’s jurisdictional dollar limit (in Washington, generally USD 10,000 or less per RCW 12.40), (b) the action remains in that court, and (c) the action is brought on an individual (non-class, non-representative) basis. A claim that exceeds the small-claims jurisdictional limit, or that is removed, transferred, or appealed out of small-claims court for any reason, must instead be brought in arbitration under this Section.

Class-action and representative-action waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR (OR, FOR SMALL-CLAIMS ACTIONS, THE COURT) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Jury-trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. Arbitration under this Section already eliminates jury proceedings; this waiver applies to any claim that, despite the arbitration clause, ends up in court (e.g., in small-claims court or because the arbitration clause is held unenforceable as to a particular claim).

Thirty-day opt-out. You may opt out of the binding-arbitration agreement and the class-action waiver in this Section 17 by sending a written opt-out notice to spicy.ginger.labs@gmail.com within thirty (30) days of first accepting these Terms (i.e., within 30 days of first installing or first opening the Service after these Terms or these Terms’ arbitration provisions take effect, whichever is later). The notice must clearly state your full name, the email address associated with your purchase (if any), the date you first accepted these Terms (if known), and your express intent to opt out of binding arbitration and the class-action waiver. Opting out has no other effect on these Terms. If you opt out, this Section’s arbitration clause and class-action waiver will not apply to you, but the rest of these Terms — including the jury-trial waiver, the limitation of liability, the assumption of risk and release, and the Washington governing-law clause — remain in full effect; in that case, disputes will instead be resolved exclusively in the state or federal courts located in King County, Washington, and you and we consent to personal jurisdiction there.

If a court refuses to enforce this Section. If the class-action and representative-action waiver above is found unenforceable as to a particular claim, that claim must be brought in court (not arbitration) on an individual basis, and the rest of this Section continues to apply to all other claims and parties. If any other portion of this Section is found unenforceable, the unenforceable portion will be severed, and the remainder of this Section will remain in effect, reformed to the maximum extent permitted by applicable law.

30-day informal-resolution survives no-response. If you provide informal-resolution notice and we do not respond within the 30-day window, you may proceed to arbitration (or to small-claims court, where applicable) without further delay. Likewise, if we provide notice and you do not respond, we may proceed to arbitration. Pre-suit notice is a procedural prerequisite, not a delay tactic.

18. Apple App Store additional terms

If you obtained the Service from Apple’s App Store, the following additional terms apply, and in case of conflict with the rest of these Terms, the following govern with respect to your use of the Service on Apple devices:

• These Terms are between you and us, not with Apple. Apple is not responsible for the Service or its content.
• Apple has no obligation to provide any maintenance or support for the Service.
• If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.
• Any claims relating to the possession or use of the Service (including product-liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and consumer-protection claims) are our responsibility, not Apple’s.
• If a third party claims that the Service or your use of it infringes that party’s intellectual-property rights, we, not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such claim.
• You represent and warrant 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.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

19. Electronic acceptance

By downloading, installing, opening, continuing past an in-app acceptance screen that references these Terms, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the medical disclaimers in Section 2, the assumption of risk and release in Section 3, the disclaimers in Section 11, the limitation of liability in Section 12, and the binding arbitration agreement, class-action waiver, and jury-trial waiver in Section 17 (subject to your right to opt out of arbitration as described in that Section). You agree that these Terms constitute a legally binding agreement under applicable electronic-signature laws (including the U.S. E-SIGN Act and the Washington Uniform Electronic Transactions Act), that your electronic acceptance is the legal equivalent of a handwritten signature, and that you will not contest the validity or enforceability of these Terms on the ground that they were accepted electronically.

20. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous agreements, communications, or understandings on the same subject.

Severability and savings. If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be reformed and enforced to the minimum extent necessary to preserve its intent and make it enforceable, and the remaining provisions will remain in full force and effect. If a limitation, cap, waiver, or disclaimer in these Terms is held invalid or unenforceable, the provision will be deemed modified to the maximum extent allowed by applicable law so that it continues to provide the maximum protection, limitation, or waiver the law permits.

No waiver. Our failure to enforce a provision is not a waiver of our right to do so later. A waiver is only effective if made in a signed writing by us.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment without consent is void. We may assign these Terms, in whole or in part, without restriction and without notice.

No third-party beneficiaries. Except as expressly stated in Section 18 (Apple), these Terms do not create any third-party beneficiary rights.

Headings. Section headings are for convenience only and do not affect interpretation.

21. Contact

Questions about these Terms? Email spicy.ginger.labs@gmail.com.