Terms of Service
These Terms of Service (“Terms”) are a legally binding agreement between you (“you,” “your,” or “User”) and Selvi Labs LLC (“Selvi Labs,” “we,” “us,” or “our”) governing your use of the Ovation mobile application, the ovation.dance website, and related services (collectively, the “Service”).
By creating an account, downloading, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
1. Acceptance of Terms
By creating an account, downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a household or family, you agree to these Terms for that use.
2. Changes to Terms
We may modify these Terms from time to time. If we make material changes, we will provide notice through the Service, by email, or by other reasonable means before the changes take effect. Your continued use of the Service after changes become effective constitutes acceptance. If you do not agree, stop using the Service and delete your account. For a material change to privacy, children’s information, subscriptions, dispute resolution, or content rights, Selvi Labs will provide notice and, where applicable law requires it, obtain your affirmative consent rather than rely on continued use.
3. Eligibility
You must be at least 18 years old to create an account or use the Service. The Service is intended for adults and is not directed to children.
If you use the Service to organize or track activities of a minor (such as your child who competes in dance), you represent and warrant that:
- You are the parent or legal guardian of that minor, or you have the explicit permission of the minor’s parent or legal guardian to upload, store, transmit to the Service’s AI providers, and share that content;
- You are responsible for all content you upload relating to that minor; and
- You have any consents required to upload content that depicts other people, including other minors and adults depicted, and any rights held by studios, coaches, competitions, or owners of music or choreography shown in the content. Your representations in this Section 3 are your own. They do not transfer to Selvi Labs or reduce Selvi Labs’ obligations under applicable law, including COPPA.
4. Account Registration and Security
4.1 Account Creation
To use the Service you must register an account using email and password, Sign in with Apple, or Sign in with Google. You agree to provide accurate information and keep it current.
4.2 Account Security
You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at support@ovation.dance of any unauthorized use or security breach.
4.3 Suspension and Termination
We may suspend or terminate your account or access to the Service if you violate these Terms, or to protect the Service, other users, or our rights. You may terminate your account at any time in the app’s settings or by contacting us. Sections that by their nature should survive termination will survive (see §18.6). Except where an emergency, security, legal, or abuse concern requires immediate action, Selvi Labs will give you notice and a reasonable opportunity to export Your Content before termination, and will not forfeit prepaid subscription amounts for the unused period without a refund handled through Apple.
5. Privacy
Our Privacy Policy explains how we collect, use, and share information and is incorporated into these Terms by reference.
6. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law;
- Upload content depicting a minor without the rights and consents described in §3;
- Upload content that is unlawful, harassing, threatening, defamatory, obscene, hateful, or that violates another person’s privacy or rights;
- Upload another person’s photos, videos, or personal information without their consent;
- Impersonate any person or misrepresent your affiliation;
- Interfere with, disrupt, or overburden the Service, or attempt to gain unauthorized access to it;
- Reverse engineer, decompile, or attempt to extract source code, except where such restriction is prohibited by law;
- Use automated means to access the Service or scrape data without our written consent;
- Introduce viruses or malicious code.
We may, but are not obligated to, remove content or suspend accounts that we reasonably believe violate these Terms.
7. Your Content
7.1 You Own Your Content
You retain all ownership rights in the photos, videos, text, schedules, and other content you create or upload (“Your Content”). We do not claim ownership of Your Content.
7.2 Responsibility for Your Content
You are solely responsible for Your Content and for ensuring you have the rights and consents necessary to upload and (if you choose) share it.
7.3 License You Grant Us
You grant Selvi Labs a limited, non-exclusive, worldwide, royalty-free license to host, store, back up, process, adapt, and transmit Your Content solely to:
(a) operate, provide, secure, and improve the Service for you (including optimizing and resizing images and video for storage and display, and processing content you submit to AI Smart Import as described in the Privacy Policy); and
(b) display Your Content only to the people or groups you explicitly choose to share it with, if and when you use an optional sharing feature.
This license ends when you delete Your Content or your account, except (i) for content you have shared into a group, which may persist for other group members consistent with the Privacy Policy, and (ii) for residual copies retained in backups for a limited period or as required by law.
7.4 Feedback
If you send us suggestions or feedback, you grant us a license to use it without restriction or compensation.
8. Community and Group Sharing (Optional / Future)
The Service may offer optional features that let you join a studio or team group (for example, via an invite code) and share selected content with that group. These features are off or limited at launch. If you use them:
- Sharing is opt-in and limited to the group you choose; nothing is made public;
- You must have the consents described in §3 for any content you share;
- When these features launch, Selvi Labs will provide a way to report objectionable content and to block other users, and will act on reports it receives.
9. AI Features and Accuracy; No Reliance for Critical Timing
The Service includes AI-assisted “Smart Import” features that read schedules, competition information, and results from photos, files, or text you provide. These features are a convenience and may produce incomplete or inaccurate results. Schedules, call times, venues, and competition details can also change at any time.
You are responsible for verifying all schedules, call times, locations, and competition details directly with your studio and/or the competition organizer. To the extent permitted by law, Selvi Labs is not responsible for missed classes, call times, performances, or other consequences arising from reliance on information in the Service, including AI-generated or user-entered data.
10. Subscriptions and Payments
10.1 Ovation Free and Ovation Pro
The Service offers a free tier and a paid subscription (“Ovation Pro”). Paid features are identified in the app.
10.2 Billing Through Apple
Subscriptions are sold and billed through the Apple App Store. Payment is charged to your Apple Account. We do not receive or store your payment card details.
10.3 Free Trial; Auto-Renewal
If a free trial is offered, your paid subscription begins automatically at the end of the trial unless canceled at least 24 hours before it ends. Subscriptions renew automatically at the then-current price for the same period unless canceled at least 24 hours before the end of the current period.
10.4 Pricing
Current pricing is shown in the app before purchase. We may change prices; changes apply to future billing periods and we will provide notice as required.
10.5 Cancellation and Refunds
You can manage or cancel your subscription anytime in your Apple Account settings; cancellation takes effect at the end of the current billing period. Refunds are handled by Apple under Apple’s policies; we generally cannot issue App Store refunds directly.
10.6 Effect of Cancellation on Your Content
Canceling Ovation Pro does not delete Your Content. Your existing photos and videos remain viewable and downloadable; you simply cannot add new content beyond free-tier limits until you resubscribe (see the Privacy Policy for retention details).
11. Sponsored Content and Commerce
The Service may display first-party, contextual sponsored or promotional content, and may offer products for sale. Such content is not based on tracking or profiling you, and we do not share your personal information with advertisers to target you. Selvi Labs does not license or use your content, image, or a dancer’s likeness in sponsored content unless it separately discloses that use and obtains your consent. Sponsored content, if shown, will be clearly identified as sponsored or as an advertisement in a manner consistent with applicable advertising and consumer-protection requirements.
12. Intellectual Property
The Service and all of its contents, features, and functionality (excluding Your Content), including software, text, designs, graphics, and the Ovation name and logos, are owned by Selvi Labs or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the app for your personal, non-commercial use, subject to these Terms and the App Store Usage Rules.
13. Disclaimers
The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or that any data (including AI-generated or imported data) will be accurate or reliable. See also §9.
14. Limitation of Liability
To the maximum extent permitted by law, Selvi Labs and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, goodwill, or profits, arising out of or relating to your use of (or inability to use) the Service.
To the maximum extent permitted by law, our total liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) USD $100. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, willful injury, or violation of law.
15. Indemnification
You agree to indemnify and hold harmless Selvi Labs and its members, officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of Your Content, your violation of these Terms, or your violation of any law or the rights of any third party (including consent and privacy rights relating to minors and others depicted in Your Content). Selvi Labs will notify you of any claim covered by this section and may participate in its defense with its own counsel.
16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.
16.2 Jurisdiction and Venue
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be brought exclusively in the state or federal courts located in Alameda County, California, and you and Selvi Labs each consent to the personal jurisdiction of those courts. Either party may instead bring an individual claim in small claims court where the claim qualifies.
Before filing any claim, you agree to first contact us at support@ovation.dance and give us a good-faith opportunity to resolve the dispute informally within 30 days.
17. Apple App Store Additional Terms
These Terms are between you and Selvi Labs only, not with Apple. Apple is not responsible for the Service or its content. To the extent there is any conflict between these Terms and Apple’s applicable terms, the following apply with respect to your use of the iOS app:
- Your license to use the app is a non-transferable license to use it on Apple-branded devices you own or control, as permitted by the App Store Usage Rules.
- Apple has no obligation to furnish any maintenance or support for the app.
- To the extent permitted by law, Apple has no warranty obligation; any claims that the app fails to conform to a warranty may be directed to Apple, which may refund the purchase price (if any), and Apple has no other warranty obligation.
- Apple is not responsible for addressing claims relating to the app, including product-liability, legal/regulatory non-conformance, consumer-protection, or third-party intellectual-property claims.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government prohibited-party list.
18. General Provisions
18.1 Entire Agreement
These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
18.2 Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
18.3 Waiver
Our failure to enforce any provision is not a waiver of it.
18.4 Assignment
You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
18.5 Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control.
18.6 Survival
Provisions that by their nature should survive termination (including Sections 3, 7, 9, 11, 13, 14, 15, 16, and 17) survive.
19. Contact Us
Questions about these Terms:
- Email: support@ovation.dance
- Mail: Selvi Labs LLC, 2883 Hopyard Rd #1059, Pleasanton, CA 94588
End of Terms of Service.