Terms of Service

1. Company overview

RoxyKovu LLC ("RoxyKovu," "we," "us," or "our") is a U.S. limited liability company organized under the laws of the State of North Carolina.

All applications, content, and related materials developed by RoxyKovu LLC are protected by applicable intellectual property laws, including but not limited to copyright, trademark, patent, and trade secret laws of the United States and international jurisdictions.

2. Acceptance of terms

By accessing or using any of the Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific Services. If you do not agree to all of these Terms, you must not access or use the Services.

We may modify these Terms at any time by posting the revised version on this page with an updated "Last updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms. If a revision is material, we will make reasonable efforts to provide notice (such as via an in-app notice or a prominent posting on the website). It is your responsibility to review these Terms periodically.

3. Eligibility

• You must be at least 13 years of age to use the Services. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Services with the consent of a parent or legal guardian who agrees to be bound by these Terms.
• By using the Services, you represent and warrant that you meet the applicable age requirements and have the legal capacity to enter into these Terms.
• If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will take steps to delete that information promptly. See our Privacy Policy for details.

4. License grant

Subject to your compliance with these Terms, RoxyKovu grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the website for personal, non-commercial purposes.
• Download, install, and use our mobile and desktop applications on devices you own or control, solely for your personal, non-commercial purposes (or internal business use where a separate written agreement permits).

This license does not include the right to: (a) modify, adapt, or create derivative works of the Services; (b) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of any application, except to the extent expressly permitted by applicable law; (c) sublicense, lease, rent, loan, sell, resell, or distribute the Services to any third party; (d) use the Services for any unlawful purpose or in violation of these Terms; or (e) remove, alter, or obscure any proprietary notices, labels, or branding. This license terminates automatically if you violate any of these Terms.

5. Acceptable use

You agree not to:

• Use the Services for any purpose that is unlawful or prohibited by these Terms.
• Disrupt, interfere with, or compromise the integrity or performance of the Services, servers, or networks connected to the Services.
• Attempt to gain unauthorized access to any systems, data, accounts, or networks associated with the Services.
• Scrape, mine, crawl, or use any automated means (including bots, scripts, or spiders) to access the Services without our prior written permission.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Upload or transmit viruses, malware, or other malicious code through the Services.
• Use the Services to infringe on the intellectual property or privacy rights of any third party.
• Use the Services to send unsolicited communications (spam), chain letters, or pyramid schemes.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including without limitation reporting violations to law enforcement authorities.

6. Ownership and intellectual property

• All software, artwork, audio, video, text, graphics, logos, icons, and other materials comprising the Services (collectively, "Content") are owned by RoxyKovu LLC or its licensors and are protected by U.S. and international intellectual property laws.
• You may not copy, modify, distribute, sell, lease, or create derivative works based on any Content without our prior written permission.
• All rights not expressly granted to you in these Terms are reserved by RoxyKovu LLC.

7. Feedback and submissions

If you submit feedback, ideas, suggestions, bug reports, or other communications regarding the Services ("Feedback"), you grant RoxyKovu LLC a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Feedback in any form, media, or technology, without restriction, attribution, or compensation to you. You represent and warrant that you have the right to submit such Feedback and that it does not violate any third-party rights.

8. Stores and purchases

Our applications are distributed through third-party digital storefronts. Each platform has its own terms, conditions, and policies that govern your purchase and use of applications obtained through their stores.

Apple App Store

• 20 Questions (iPhone, iPad, iMessage, Apple TV): App Store
• SumSquare: App Store
• Fitness for the Fighting Man (FFM): App Store
• Apple Standard EULA: Apps distributed through the Apple App Store are licensed to you under the Apple Standard End User License Agreement (the "Apple Standard EULA"). The Apple Standard EULA governs your license, restrictions, and warranty rights for the applications, including the 2Q iMessage app and the 2Q Apple TV (tvOS) variant. These Terms supplement the Apple Standard EULA; in the event of any direct conflict on a provision Apple's App Store rules require, the Apple Standard EULA controls.
• Purchases and subscriptions through the App Store are processed by Apple Inc. RoxyKovu does not process, collect, or store your payment information for App Store transactions.
• Subscriptions in 2Q and SumSquare are optional and auto-renew unless canceled. You can manage or cancel subscriptions in your App Store account settings at any time.
• Refunds for App Store purchases are handled exclusively by Apple under Apple's refund policies.
• To the extent required by Apple's App Store terms, you acknowledge that these Terms are between you and RoxyKovu only, not with Apple, and that Apple has no obligation to furnish maintenance or support services for the applications.

Google Play

• Fitness for the Fighting Man (FFM): Google Play
• Purchases through Google Play are processed by Google. RoxyKovu does not process, collect, or store your payment information for Google Play transactions.
• Refunds for Google Play purchases are subject to Google's refund policies. Visit Google Play Help for details.

Microsoft Store

• PatchShepherd: Microsoft Store
• PatchShepherd is available as a free app with an optional PatchShepherd Pro subscription for additional features. Pro subscriptions auto-renew unless canceled.
• Purchases and subscriptions through the Microsoft Store are processed by Microsoft. RoxyKovu does not process, collect, or store your payment information for Microsoft Store transactions.
• Refunds for Microsoft Store purchases are subject to Microsoft's refund policies. Visit Microsoft Support for details.
• PatchShepherd Pro subscriptions can be managed in your Microsoft account settings.

9. Trademarks

• "RoxyKovu," the RoxyKovu logo, and all related names, logos, and visual elements are trademarks or registered trademarks of RoxyKovu LLC.
• SumSquare and the SumSquare logo are trademarks of RoxyKovu LLC.
• 20 Questions and related names, logos, and visual elements are trademarks of RoxyKovu LLC.
• Fitness for the Fighting Man (FFM) is a trademark of Expeditionary Grindset and is produced in partnership with RoxyKovu LLC.
• PatchShepherd and related names, logos, and visual elements are trademarks of RoxyKovu LLC.
• VitalQuest: Ascend and related names, logos, and visual elements are trademarks of RoxyKovu LLC.
• All other trademarks, service marks, and trade names referenced in the Services are the property of their respective owners. Use of any third-party trademarks does not imply endorsement, affiliation, or sponsorship.

10. Third-party services and links

• Some apps use third-party services such as Google AdMob for advertising (SumSquare and 20 Questions). These services have their own terms and privacy policies.
• Platform services (Apple App Store, Google Play, Microsoft Store, Apple HealthKit, Health Connect, Google Fit, or similar) are governed by their own terms and privacy policies. Your use of those platforms is subject to their terms, not ours.
• The Services may contain links to third-party websites, services, or content that are not owned or controlled by RoxyKovu. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. Inclusion of a link does not imply endorsement.
• For data practices, see our Privacy Policy.

11. Fitness and health disclaimer

The Fitness for the Fighting Man (FFM) application and any health- or fitness-related content provided through the Services are for general fitness and informational purposes only and do not constitute medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before starting any new exercise, training, or nutrition program. You acknowledge and agree that you participate in any fitness activities at your own risk, and you assume all risks associated with such activities, including but not limited to injury, illness, or death. RoxyKovu LLC is not responsible for any health problems that may result from your use of fitness-related Services.

12. AI-powered chat assistant

Our website features an AI-powered chat assistant ("Kovu") that can answer questions about RoxyKovu products and services. By using the chat assistant, you agree to the following terms.

12.1 Nature of AI-generated content

• The chat assistant uses artificial intelligence (Google Gemini) to generate responses. AI-generated responses may be inaccurate, incomplete, or outdated.
• Responses from the chat assistant are for general informational purposes only and are limited to information about RoxyKovu products and services.
• AI-generated responses do not constitute professional, legal, medical, financial, or technical advice. Do not rely on chat assistant responses for important decisions.
• RoxyKovu does not guarantee the accuracy, completeness, reliability, or suitability of any information provided by the chat assistant.
• The chat assistant has a persona ("Kovu") for entertainment purposes. Statements made by the persona (including opinions, humor, and commentary) are not official positions of RoxyKovu LLC.

12.2 Data processing

• Messages you submit to the chat assistant are sent to our servers and forwarded to Google's Gemini API, a third-party AI service, for processing. See our Privacy Policy for details on how your data is handled.
• Up to six prior messages from your current session are included with each request to provide conversational context. Chat messages are not permanently stored on our servers.
• Your IP address is hashed and temporarily stored for rate-limiting purposes only. Rate-limiting data is automatically deleted after 48 hours.

12.3 Acceptable use of the chat assistant

• You may not attempt to manipulate, exploit, or circumvent the chat assistant's safety guidelines, system instructions, or intended behavior (commonly known as "prompt injection" or "jailbreaking").
• You may not use automated tools, scripts, or bots to send messages to the chat assistant.
• You may not use the chat assistant to generate content that is harmful, abusive, hateful, threatening, or otherwise objectionable.
• Daily message limits apply per user to ensure fair access for all visitors. Attempting to circumvent rate limits is prohibited.

12.4 Availability and limitations

• The chat assistant is provided as a convenience and may be unavailable, modified, or discontinued at any time without notice.
• Response quality and availability depend on third-party AI services (Google Gemini) that are outside of RoxyKovu's control.
• RoxyKovu reserves the right to limit, suspend, or terminate access to the chat assistant for any user at any time.

13. Copyright infringement (DMCA)

RoxyKovu LLC respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512, we will respond to notices of alleged copyright infringement that comply with applicable law.

If you believe that any content accessible through the Services infringes your copyright, please send a written notice to our designated copyright agent containing:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing, with sufficient detail for us to locate it.
• Your contact information (name, address, telephone number, and email address).
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Send DMCA notices to: Support@roxykovu.com

Please note: Knowingly submitting a materially misrepresentative DMCA notice may subject you to liability for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f). We reserve the right to terminate the accounts of repeat infringers.

14. Termination and suspension

• We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including but not limited to a violation of these Terms, without prior notice or liability to you.
• You may stop using the Services at any time by uninstalling our applications and ceasing to access our website.
• Upon termination, your license to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: Ownership and Intellectual Property, Feedback and Submissions, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and Severability.
• Termination of your access does not relieve you of any obligations arising prior to termination, including any obligation to pay fees owed or any liability for violations of these Terms.

15. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ROXYKOVU LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ROXYKOVU LLC DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR (D) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROXYKOVU LLC OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions shall apply to the maximum extent permitted by applicable law.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROXYKOVU LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "ROXYKOVU PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICES; (D) ANY CONTENT OBTAINED FROM THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE ROXYKOVU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE ROXYKOVU PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO ROXYKOVU LLC FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS ($50.00 USD).

The limitations of liability in this section apply regardless of the form of action, whether the claim arises in contract, tort, strict liability, or any other basis, and shall survive any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the above limitations shall apply to the maximum extent permitted by applicable law.

17. Indemnification

You agree to defend, indemnify, and hold harmless RoxyKovu LLC and its officers, directors, members, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use of, or access to, the Services.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights.
• Any content you submit, post, or transmit through the Services.
• Your negligent or willful misconduct.

RoxyKovu LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of RoxyKovu LLC.

18. Dispute resolution and arbitration

PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

18.1 Informal resolution

Before initiating any formal dispute resolution proceeding, you and RoxyKovu LLC each agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") informally. The party raising the Dispute shall send a written notice describing the nature of the Dispute and the relief sought to the other party. For notices to RoxyKovu LLC, send to: Support@roxykovu.com. The parties shall attempt in good faith to resolve the Dispute within sixty (60) days of receipt of the notice. If the Dispute is not resolved within this period, either party may proceed as set forth below.

18.2 Binding arbitration

If a Dispute cannot be resolved through informal resolution as described above, you and RoxyKovu LLC agree that any Dispute shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth in Section 18.4 below. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, available at www.adr.org. The arbitration will be conducted by a single arbitrator selected in accordance with the AAA rules.

• The arbitration shall be conducted in the English language and shall take place in the State of North Carolina, USA, or at another mutually agreed location or via telephone, video conference, or written submissions as determined by the arbitrator.
• The arbitrator shall apply North Carolina substantive law (without regard to conflict-of-law principles) and the provisions of these Terms.
• The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
• Each party shall bear its own costs and expenses (including attorneys' fees), except that RoxyKovu LLC will pay all AAA filing, administration, and arbitrator fees for claims of $10,000 or less, unless the arbitrator determines the claims are frivolous.
• This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and shall survive any termination of these Terms.

18.3 Class action and jury trial waiver

YOU AND ROXYKOVU LLC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND ROXYKOVU LLC EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ROXYKOVU LLC EACH WAIVE ANY RIGHT TO A JURY TRIAL.

18.4 Exceptions

Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for Disputes within the jurisdictional limits of such court; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights.

18.5 Opt-out

You have the right to opt out of binding arbitration and the class action waiver within thirty (30) days of first accepting these Terms by sending written notice of your decision to opt out to Support@roxykovu.com with the subject line "Arbitration Opt-Out." If you opt out, the Governing Law and Jurisdiction provisions (Section 19) shall apply to any Disputes.

19. Governing law and jurisdiction

• These Terms and any Dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of North Carolina, USA, without regard to its conflict-of-law provisions.
• To the extent that a Dispute is not subject to arbitration under Section 18, you and RoxyKovu LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of North Carolina, USA, and you waive any objection to such jurisdiction or venue on the grounds of inconvenient forum or otherwise.
• The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving its original intent to the greatest extent possible.

21. Entire agreement

These Terms, together with the Privacy Policy and any other legal notices or supplemental terms published by RoxyKovu LLC on the Services, constitute the entire agreement between you and RoxyKovu LLC regarding the Services and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral, relating to the subject matter hereof. No waiver of any provision of these Terms shall be effective unless in writing and signed by RoxyKovu LLC.

22. Force majeure

RoxyKovu LLC shall not be liable for any delay or failure to perform any obligation under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics or pandemics, strikes, shortages of transportation, facilities, fuel, energy, labor, materials, telecommunications or internet failures, cyberattacks, or power outages.

23. Assignment

You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without the prior written consent of RoxyKovu LLC. RoxyKovu LLC may assign or transfer its rights and obligations under these Terms without restriction. Any attempted assignment in violation of this section shall be null and void. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

24. Contact

If you have any questions about these Terms, please contact us:

• Email: Support@roxykovu.com
• Website: roxykovu.com/contact-us