Terms of Service
James Graham ("I," "me," or "my")
Last updated: January 2026
Please read the following Terms of Service (these "Terms") carefully. These Terms form an agreement between You and James Graham. This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.
THESE TERMS GOVERN YOUR USE OF THE RUNNING CONVO MOBILE APPLICATION, THE WEBSITE LOCATED AT RUNNINGCONVO.COM, AND ANY RELATED SERVICES, FEATURES, OR CONTENT (COLLECTIVELY, THE "SERVICE"). BY DOWNLOADING, INSTALLING, OR USING THE SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
YOUR USE OF THE SERVICE WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH HEREIN. I MAY CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE WEBSITE OR WITHIN THE APP.
YOU MAY NOT USE THE SERVICE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICE BY APPLICABLE LAW.
1. Description of Service
Running Convo is a voice-first mobile application that enables users to have hands-free AI conversations while running or exercising. The Service captures your speech, processes it through artificial intelligence, and speaks responses back to you — all while your phone is in your pocket or on an arm strap.
Key Features Include:
- Voice-activated conversations with AI
- Multiple conversation modes (brainstorm, story time, learn, vent, coach, freeform)
- Speech-to-text transcription
- AI-powered natural language responses
- Text-to-speech audio playback
- Session history and transcripts
- AI-generated session summaries
- Background audio support for hands-free operation
2. Account Registration
To use certain features of the Service, you must create an account. When you register, you agree to:
- Provide accurate, current, and complete information;
- Maintain and promptly update your account information;
- Maintain the security and confidentiality of your login credentials;
- Accept responsibility for all activities that occur under your account;
- Notify me immediately of any unauthorized use of your account.
3. Voice, Audio, and AI Processing
3.1 Voice Recording
The Service records your voice to enable conversation. By using the Service, you acknowledge and agree that:
- Your voice will be recorded while the Service is active;
- Audio recordings are processed in real-time and are not permanently stored;
- Text transcripts of your speech are stored as part of your session history;
- You should not use the Service in situations where voice recording is prohibited.
3.2 AI Processing
The Service uses artificial intelligence, including large language models provided by third parties (such as Anthropic, OpenAI, and Google), to process your requests and generate responses. By using the Service, you acknowledge and agree that:
- Your text inputs will be processed by AI systems to generate conversational responses;
- AI responses are generated automatically and may occasionally be inaccurate or incomplete;
- You should not rely on AI responses for important decisions without independent verification;
- The AI does not provide professional advice (medical, legal, financial, or otherwise);
- The AI is not a substitute for professional coaching, therapy, or medical advice.
3.3 BYOK (Bring Your Own Key)
The Service allows you to use your own API keys for AI providers. If you use this feature:
- You are responsible for maintaining your API key and any associated costs;
- Your API key is stored only on your device, not on my servers;
- You are subject to the terms of service of the AI provider whose key you use;
- I am not responsible for charges incurred through your API key.
3.4 Limitations
The voice and AI capabilities of the Service are provided "as is." I do not guarantee that:
- Speech recognition will correctly transcribe all audio
- The AI will provide accurate information in all cases
- The Service will work in all environments (high wind, loud traffic, etc.)
- The Service will be available without interruption
4. Third-Party Services
4.1 AI and Speech Providers
The Service relies on third-party providers for speech recognition, AI processing, and text-to-speech. These providers may process your data according to their own policies. I select providers with appropriate privacy and security practices, but I cannot guarantee their compliance.
4.2 Payment Processors
Payments are processed through Apple App Store, Google Play Store, and RevenueCat. These services have their own terms and privacy policies.
5. User Content
5.1 Your Content
You retain ownership of all data, information, and content you provide to the Service ("Your Content"), including but not limited to voice recordings, conversation transcripts, and session data.
5.2 License Grant
You grant me a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and display Your Content solely for the purpose of providing and improving the Service. This license terminates when you delete Your Content or your account.
5.3 Responsibility
You represent and warrant that:
- You have the right to provide Your Content;
- Your Content does not violate any law or third-party rights;
- Your Content does not contain malicious code or harmful material.
6. Acceptable Use
You agree NOT to use the Service to:
- Violate any applicable law or regulation;
- Infringe upon the rights of others;
- Upload or transmit malicious code, viruses, or harmful data;
- Attempt to gain unauthorized access to the Service or its systems;
- Interfere with or disrupt the Service or servers;
- Use automated means to access the Service (bots, scrapers, etc.) without permission;
- Impersonate another person or entity;
- Collect or harvest information about other users;
- Use the Service for any commercial purpose without authorization;
- Reverse engineer, decompile, or disassemble any part of the Service;
- Use the Service while driving or operating machinery.
7. Safety Warning
IMPORTANT: Running Convo is designed for use while running or exercising outdoors. You are responsible for your own safety while using the Service.
- Always remain aware of your surroundings, including traffic, other people, and obstacles;
- Do not use the Service in situations where distraction could be dangerous;
- Adjust volume levels to remain aware of your environment;
- Do not use the Service while driving or operating any vehicle or machinery;
- Follow all local laws regarding the use of headphones and mobile devices.
I am not responsible for any injury or damage that occurs while using the Service.
8. Privacy
Your privacy is important to me. Please review the Privacy Policy, which explains how I collect, use, and protect your information. By using the Service, you consent to the practices described in the Privacy Policy.
9. Subscriptions and Payments
9.1 Subscription Required
The Service requires a paid subscription after a free trial period. Subscription provides access to conversation features within specified usage limits.
9.2 Usage Limits
The Service includes usage limits to ensure fair use:
- Maximum session duration (e.g., 3 hours per session)
- Maximum sessions per week
- Maximum exchanges per day
- Maximum exchanges per session
Users who provide their own API key (BYOK) are not subject to these limits.
9.3 Billing
If you purchase a subscription:
- You authorize me (or my payment processor) to charge your payment method;
- Subscriptions automatically renew unless cancelled before the renewal date;
- Prices may change with notice before your next renewal period;
- You are responsible for all applicable taxes.
9.4 Free Trial
The Service may offer a free trial period. After the trial ends, you will be charged unless you cancel before the trial period expires.
9.5 Cancellation
You may cancel your subscription at any time through the app or your app store account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.
9.6 In-App Purchases
Subscriptions purchased through the Apple App Store or Google Play Store are subject to those platforms' terms and refund policies.
10. Intellectual Property
10.1 Ownership
The Service, including its design, features, functionality, and content (excluding Your Content), is owned by me and protected by copyright, trademark, and other intellectual property laws.
10.2 Limited License
I grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms.
10.3 Restrictions
You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the software.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
I DO NOT WARRANT THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS;
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE;
- SPEECH RECOGNITION WILL BE ACCURATE IN ALL CONDITIONS;
- ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
THE AI FEATURES ARE PROVIDED FOR CONVENIENCE AND ENTERTAINMENT AND SHOULD NOT BE RELIED UPON FOR CRITICAL DECISIONS. THE AI IS NOT A SUBSTITUTE FOR PROFESSIONAL COACHING, MEDICAL ADVICE, OR THERAPY. ALWAYS VERIFY IMPORTANT INFORMATION INDEPENDENTLY.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR USE OR INABILITY TO USE THE SERVICE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF MY SERVERS OR ANY PERSONAL INFORMATION;
- ANY INTERRUPTION OR CESSATION OF THE SERVICE;
- ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SERVICE;
- ANY ERRORS, INACCURACIES, OR OMISSIONS IN THE SERVICE, AI-GENERATED CONTENT, OR SPEECH RECOGNITION;
- ANY THIRD-PARTY CONTENT OR CONDUCT;
- ANY INJURY OR DAMAGE OCCURRING WHILE USING THE SERVICE.
TO THE EXTENT PERMITTED BY LAW, MY TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID ME IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
13. Indemnification
You agree to indemnify, defend, and hold harmless me and my affiliates, officers, agents, and employees from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service;
- Your violation of these Terms;
- Your violation of any rights of another party;
- Your Content;
- Any injury or damage occurring while you use the Service.
14. Termination
14.1 By You
You may stop using the Service at any time. You may delete your account through the app settings or by contacting support.
14.2 By Me
I reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:
- Violation of these Terms;
- Conduct that I believe is harmful to other users or the Service;
- Extended periods of inactivity;
- Discontinuation of the Service.
14.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. I may delete Your Content after termination. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.
15. Dispute Resolution
15.1 Informal Resolution
Before filing a formal dispute, you agree to contact me at [email protected] to attempt to resolve the dispute informally. Most disputes can be resolved this way.
15.2 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
15.3 Jurisdiction
Any disputes arising from these Terms or the Service that cannot be resolved informally shall be resolved in the state or federal courts located in Florida, and you consent to personal jurisdiction in those courts.
16. Changes to Terms
I may modify these Terms at any time. If I make material changes, I will notify you through the app or by email. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and me regarding the Service.
17.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
17.3 Waiver
My failure to enforce any provision of these Terms is not a waiver of my right to do so later.
17.4 Assignment
You may not assign or transfer these Terms or your rights under them. I may assign my rights and obligations without restriction.
17.5 No Agency
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and me.
18. Children's Privacy
The Service is not intended for children under the age of 13. I do not knowingly collect personal information from children under 13. If you believe a child has provided me with personal information, please contact me at [email protected].
19. Contact Information
For questions about these Terms or the Service, please contact:
Email: [email protected]
By using Running Convo, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.