1. Eligibility
You must be at least 18 years old. By using the App you represent that you are 18 or older and have the legal capacity to enter into these Terms.
2. What the App Is — and Is Not
The App is a balance measurement instrument. It uses your device's accelerometer and gyroscope to record how the device moves while you perform standardized stances, and produces a score from that motion.
The App is not a medical device. It does not diagnose, treat, cure, prevent, detect, assess, or monitor any disease or condition, including fall risk, vestibular disorders, neurological conditions, or any other medical condition. It is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider with questions about your health. For a medical emergency, call 911 or your local emergency number.
Do not use the App if performing a balance test could put you at risk of injury. You are solely responsible for choosing a safe environment and stopping any test that feels unsafe.
3. Your Health and Safety — Assumption of Risk
Balance tests involve standing and shifting your weight. You could lose balance and fall. By using the App you acknowledge and agree:
- You voluntarily assume the inherent risks of balance testing, including the risk of loss of balance, fall, and related injury.
- You are solely responsible for choosing a safe testing environment — a stable, level floor, a clear perimeter free of hazards, and a nearby wall or support you can reach if needed.
- You should consult a qualified healthcare provider before using the App if you have any condition that affects balance, mobility, vision, blood pressure, or fall risk, or if you are pregnant, recovering from surgery, taking medications that cause dizziness, have an inner ear disorder, or have had a recent concussion.
- You will stop any test immediately if you feel unsteady, dizzy, faint, or unwell.
Nothing in this Section limits liability for gross negligence, willful misconduct, fraud, or any other liability that cannot be limited under California Civil Code §1668 or other applicable law.
4. Your Account
You create an account with an email and password via our authentication provider. You are responsible for accurate information at signup, keeping credentials confidential, and all activity under your account. You may delete your account at any time from within the App. Deletion is described in our Privacy Policy.
5. Acceptable Use
You agree not to:
- Use the App for any unlawful purpose
- Access any account other than your own
- Reverse engineer, decompile, or tamper with the App
- Interfere with or disrupt the App or its infrastructure
- Collect data about other people without their consent
- Submit fabricated, automated, or non-human sensor data
We may suspend or terminate accounts that violate these rules.
6. Your Content and Data
You retain any rights you have in data you submit. You grant Stela a limited, worldwide, royalty-free license to process your account data to operate the App and as described in our Privacy Policy. This license terminates when you delete your account, except for de-identified aggregate metrics as described in the Privacy Policy.
7. Intellectual Property
The App, including its code, design, trademarks, scoring models, and content, is owned by Stela Balance LLC and protected by intellectual property laws. These Terms do not transfer any ownership to you.
8. Changes to the App
We may modify, suspend, or discontinue the App or any feature at any time, with or without notice. We are not liable for any such change.
9. Changes to These Terms
For material changes we will notify you at least 30 days before they take effect, through the App or by email. Continued use after the effective date means you accept the updated Terms.
10. Termination
You may stop using the App and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the service. Sections that by their nature should survive termination will survive, including Sections 3, 6, 7, 11, 12, 13, and 14.
11. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE. BALANCE SCORES ARE ESTIMATES AND SHOULD NOT BE RELIED ON FOR ANY MEDICAL DECISION.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STELA BALANCE LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE APP. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THE APP WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100).
Nothing in these Terms limits or excludes liability for (a) gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable law.
13. Indemnification
You agree to indemnify and hold harmless Stela Balance LLC from any claim, damage, loss, or expense (including reasonable attorneys' fees) arising from your use of the App or your violation of these Terms.
14. Dispute Resolution — Arbitration and Class-Action Waiver
Any dispute between you and Stela arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in San Diego, California. The arbitrator, not any court, will decide all issues including the scope of this agreement to arbitrate.
You and Stela waive the right to a jury trial and the right to participate in a class action, collective action, or representative action. Disputes must be brought individually.
Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive relief in court to protect intellectual property.
Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with your name, account email, and the statement "I opt out of arbitration."
15. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to Section 14, any action not covered by arbitration will be brought exclusively in the state or federal courts located in San Diego County, California.
16. Apple-Specific Terms
These Terms are between you and Stela, not Apple, and Apple is not responsible for the App or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. In addition:
- The license granted to you is a non-transferable license to use the App on any Apple-branded device that you own or control, subject to Apple's Usage Rules in the Media Services Terms and Conditions (including family-sharing where permitted).
- Stela, not Apple, is solely responsible for the App and its content, and for providing any maintenance and support.
- Stela, not Apple, is responsible for addressing any claims by you or a third party relating to the App, including product liability, legal or regulatory compliance, consumer protection, and intellectual property infringement. In the event of failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App.
- You represent that you are not located in, and are not a national of, any country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
17. Miscellaneous
These Terms are the entire agreement between you and Stela regarding the App. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor.
18. Contact
Stela Balance LLC · Registered Agent: Northwest Registered Agent, Inc., 2108 N ST, STE N, Sacramento, CA 95816 · [email protected]