Terms of service

The agreement

These terms are an agreement between you and There's Always Money in the Banana Stand, LLC, a Georgia limited liability company (“we”, “us”), which runs HeyKemosabe: the iPhone app, its Apple Watch app (a push-to-talk microphone for the phone) and heykemosabe.com. By creating an account or using HeyKemosabe you agree to these terms and to the Privacy policy. If you do not agree, do not use it.

Kemosabe is an AI, and AI makes mistakes

Kemosabe is not a person. Everything he says is written in the moment by an AI language model, from your plan, your messages and your phone’s readings. AI models get things wrong, and they can sound sure while they do. Kemosabe can misread your plan, your position or your route, give a wrong distance, pace, time, turn, climb, cutoff, weather or fueling figure, mishear what you said, or say something that is simply false or unsafe. GPS, heart rate and other sensors can be wrong too, and in places with no signal he may say nothing at all.

He speaks your plan, or your coach’s, but he is not your coach. He is not a doctor, a nutritionist, a guide, a navigation system or an emergency service. He cannot call anyone or send help, and nobody is watching your workout for you. Nothing he says is medical advice.

You are responsible for your own decisions and actions, whatever Kemosabe says or does not say. Check anything that matters before you act on it: your route against an official map or markings, your health with your body and a doctor, your safety with your own judgment. Do not rely on HeyKemosabe for navigation, for safety, or to know when you need help.

Exercise is at your own risk

Running, walking, cycling and other workouts, outdoors and alone especially, carry real risks: injury, illness, heat, cold, getting lost, falls, traffic, wildlife and death. You choose to take those risks. Talk to a doctor before starting or changing a training program, especially if you have any condition that could make exercise unsafe. If you feel unwell, stop. Keep your attention on traffic, terrain and the people around you, and keep the volume low enough to hear them.

To the extent the law allows, you release us from claims for injury, illness, loss or damage that arise from your workouts or from acting, or not acting, on anything Kemosabe or the app said.

Your account

You must be 18 or older to use HeyKemosabe. Give us a real email address, keep your sign-in to yourself and tell us if you think someone else has used it. You are responsible for what happens under your account. Each account has spending limits on AI use; when one is reached Kemosabe goes quiet until it resets, while your workout keeps recording. A workout left running with no movement and no word from you, or with no word from you for three hours, gets a few spoken check-ins; if none is answered Kemosabe goes quiet until you move or speak again, while the workout keeps recording. After 36 hours with no word from you, the app ends the workout at the last time you moved or spoke, keeping every recorded sample.

Live location and your crew page

Live publishing is off unless you turn it on, and each time you turn it on from the Start or Controls screen the app asks you first. When it is on, anyone with your crew page link can see your real-time GPS location, your live numbers and the whole conversation, and can send you messages, until you turn it off. A link can be passed on to people you never meant to have it, and a username makes the address guessable. Showing where you are in real time can put you at risk, for example of being followed or of someone knowing your home is empty. You choose to take that risk each time you publish, and you are responsible for who you share the link with.

Crew messages are written by other people and Kemosabe may read them aloud to you. We do not check them first and are not responsible for what they say. You are responsible for what you send to other people’s workouts, and we may remove messages or block senders who misuse it.

What you agree not to do

• Use the app in a way that is unsafe for you or anyone else, or while driving.
• Send abusive, threatening, harassing or unlawful messages to another athlete’s live page, or use a live page to track or follow someone.
• Try to extract the models, prompts or source of the service, get around its limits, or break or overload it.
• Use the service to build a competing product, or scrape live pages.
• Pretend to be someone else, or use someone else’s account.

Payment

HeyKemosabe is free today. If we start charging, we will say what it costs before you pay anything, and these terms will be updated first.

Ownership

Your workouts, your plan and what you tell Kemosabe are yours. You give us the license we need to store them, process them, send them to the providers named in the Privacy policy, generate his responses, show your live page to the people you share it with, and study them to improve the service. The app, the character Kemosabe, the name HeyKemosabe and everything we made are ours. Apple, iPhone and Apple Watch are trademarks of Apple Inc.

No promises

HeyKemosabe is provided as it is and as available. To the extent the law allows, we make no promises about it, written or implied, including that it is accurate, safe, fit for any purpose, always available or free of errors. Kemosabe’s words are not a promise of any result. Features may change or stop.

Limits on our liability

To the extent the law allows, we are not liable for any indirect, incidental, special or consequential loss, or for injury, illness, death, lost data or lost results that arise from your use of HeyKemosabe or from anything Kemosabe said, and our total liability to you for any claim is limited to the greater of what you paid us in the twelve months before the claim or 100 US dollars. Some places do not allow some of these limits; where that is the case, they apply as far as the law permits.

You agree to cover our reasonable costs, including legal fees, if a claim is brought against us because of something you did with HeyKemosabe in breach of these terms, such as a message you sent to someone’s live page.

Disputes

These terms are governed by the laws of the State of Georgia, USA, without regard to its rules on conflicts of law. Any dispute about HeyKemosabe or these terms will be decided only in the state or federal courts located in Georgia, and you and we agree to those courts’ jurisdiction. Either of us may instead bring a claim in small claims court if it qualifies. Before filing anything, write to us and give us 30 days to try to resolve it.

Ending the agreement

You can stop using HeyKemosabe and delete your account at any time from Settings. We can suspend or close an account that breaks these terms or puts other people at risk. We may change these terms; when the change matters we will say so in the app or by email and update the date above, and continuing to use the service after that means you accept the new terms. If a part of these terms cannot be enforced, the rest still applies. These terms and the Privacy policy are the whole agreement between us about HeyKemosabe.

Contact

There's Always Money in the Banana Stand, LLC, Georgia, USA. Write to admin@heykemosabe.com.