Terms of Service & EULA

1. Introduction and Acceptance

Welcome to Body Byte, your comprehensive fitness and wellness application. These Terms of Service and End User License Agreement ("Agreement" or "Terms") constitute a legally binding contract between you ("User," "you," or "your") and Body Byte, Inc. ("Body Byte," "we," "us," or "our") regarding your use of the Body Byte mobile application, website, and related services (collectively, the "Service").

By downloading, installing, accessing, or using the Body Byte application or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1.1 Definitions

"App" or "Application" means the Body Byte application, provided primarily as a web application accessed through your browser (including at app.bodybyte.ai), together with any optional companion application we may offer for syncing data from your devices and wearables.

"Service" includes the App, website, cloud-based features, content, and all related services provided by Body Byte.

"Content" encompasses all information, data, text, software, music, sound, photographs, graphics, video, messages, and other materials accessible through the Service.

"User Content" means any content you create, upload, post, or transmit through the Service.

"Subscription" refers to your paid access to premium features through monthly or annual plans.

1.2 Early Access and Active Development

Body Byte is currently offered as an early-access product and is under active development. Features, functionality, and content described on our website or within the Service are provided on an "as available" basis, may be incomplete, and may be added, changed, delayed, suspended, or removed at any time without notice. Some features referenced at the time you subscribe may not yet be available, and we do not guarantee that any particular feature will be released or available by any particular date. Your subscription provides access to the Service as it exists from time to time, and not to any specific feature. The discounted early-access pricing reflects the evolving nature of the Service.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 18 years old to use Body Byte.

2.2 Account Creation

To access certain features, you must create an account by providing accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breaches

2.3 Account Verification

We may require verification of your identity or age to comply with legal requirements and ensure appropriate access to features.

3. License Grant and Restrictions

3.1 Limited License

Subject to your compliance with these Terms, Body Byte grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control for your personal, non-commercial use.

3.2 License Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer, decompile, or disassemble the App or attempt to derive source code
• Remove, alter, or obscure any proprietary notices or labels
• Use the Service for any unlawful, harmful, or unauthorized purpose
• Create derivative works based on the Service
• Access the Service through automated means (bots, scrapers, etc.)
• Attempt to circumvent security measures or access controls

3.3 Updates and Modifications

We may provide updates, patches, or new versions of the App. You agree to accept such updates as they may be necessary for continued use of the Service.

4. Subscription Services and Billing

4.1 Free Trial

Body Byte offers a 7-day free trial to new users, with the option for a 14-day extended trial through promotional codes. Free trials automatically convert to paid subscriptions unless canceled before expiration.

4.2 Subscription Plans

• Monthly Subscription: Billed monthly at current rates
• Annual Subscription: Billed annually with discounted pricing

4.3 Billing and Payment

• Subscriptions automatically renew unless canceled
• Payment is charged to your chosen payment method at the start of each billing cycle
• Price changes will be communicated with 30 days advance notice
• Failed payments may result in service suspension

4.4 Cancellation

You may cancel your subscription at any time through:

• Your account settings in the App
• Contacting customer support at [email protected]

4.5 Refund Policy

Refunds are governed by our separate Refund Policy, which is incorporated into these Terms by reference. Please review it for full details on eligibility, timeframes, and how to request a refund.

4.6 Conditional Guarantees and Promotional Offers

From time to time Body Byte offers conditional, outcome-based guarantees and promotions — including the 60-Day Transformation Promise and the Plateau Prevention Promise — each governed by its own published Terms & Conditions. Each such guarantee may be claimed and redeemed only once per user, ever. Each is non-recurring and cannot be redeemed more than once, regardless of the number of subscriptions, renewals, billing periods, plans, devices, or accounts associated with you; re-enrolling, re-subscribing, or creating additional accounts does not create a new redemption. The 60-Day Transformation Promise and the Plateau Prevention Promise are outcome guarantees, and you may receive a payout under at most one of them in your lifetime — receiving a payout under one makes you ineligible for the other, and no guarantee may be redeemed more than once. Where a program's own Terms and these Terms conflict, the more restrictive single-payout-per-user limit controls.

4.7 Automatic Renewal — Your Authorization and How to Cancel

Your subscription automatically renews. When you start a subscription (including after any free trial), you authorize Body Byte to automatically charge your payment method on a recurring basis — monthly for monthly plans, or annually for annual plans — at the then-current price for your plan, until you cancel. Your free trial automatically converts to a paid subscription when it ends unless you cancel before then.

• How to cancel: cancel anytime, with no fee, from your account settings in the App or by emailing [email protected]. Cancellation stops your next renewal; it does not by itself refund the current period except as provided in our Refund Policy.
• When to cancel: to avoid being charged for the next period, cancel before your renewal date (see the Refund Policy for the cancellation cut-off and any grace period).
• Price changes: we will give you advance notice of any change to your recurring price (see Section 4.3); continuing your subscription after the change takes effect constitutes acceptance of the new price.
• Reminders: where required by law, we will send renewal or price-change reminders to the email associated with your account.

By starting a subscription or free trial, you acknowledge that you have been clearly informed of these automatic-renewal terms and consent to them.

5. Acceptable Use and Prohibited Conduct

5.1 Permitted Uses

You may use Body Byte to:

• Track your fitness activities and progress
• Access workout plans and nutrition guidance
• Store personal health and fitness data
• Connect with integrated health platforms (with your consent)
• Participate in community features (when available)

5.2 Prohibited Activities

You must not:

• Use the Service for any illegal, harmful, or fraudulent activities
• Harass, abuse, or harm other users
• Upload viruses, malware, or harmful code
• Spam or send unsolicited communications
• Impersonate others or create false accounts
• Violate any applicable laws or regulations
• Share inappropriate, offensive, or explicit content
• Attempt to gain unauthorized access to other accounts or systems
• Impose an unreasonable load on our infrastructure, or access the Service through bots, scrapers, or other automated means
• Use the Service, or any output, model, or content from it, to build, train, or improve a competing product or service (including any competing AI or machine-learning model)
• Resell, sublicense, or commercially exploit the Service or its output without our written permission

5.3 Health and Safety Compliance

• Consult healthcare professionals before starting any fitness program
• Use fitness equipment and perform exercises at your own risk
• Stop exercising immediately if you experience pain, dizziness, or discomfort
• Do not rely on Body Byte for medical advice or emergency situations

6. Intellectual Property Rights

6.1 Body Byte Ownership

Body Byte and its licensors own all rights, title, and interest in and to the Service, including:

• The App software and source code
• Workout videos, exercise demonstrations, and fitness content
• Proprietary algorithms and recommendation systems
• Trademarks, logos, and branding elements
• User interface designs and functionality

6.2 User Content Ownership and License

You retain ownership of content you create and upload to Body Byte. By uploading User Content, you grant Body Byte a non-exclusive, royalty-free, worldwide license — for as long as you keep that content on the Service, plus a reasonable period afterward for backups and legal compliance — to:

• Use, reproduce, modify, and display your content within the Service, to operate and personalize it for you
• Create derivative works strictly to operate, secure, and improve the Service
• Use de-identified or aggregated data for research and analytics, as described in our Privacy Policy

This license ends when you delete the relevant User Content or close your account, except for (a) de-identified or aggregated data that no longer identifies you, and (b) copies retained in routine backups or as required by law — in each case handled per our Privacy Policy.

6.3 User Content Restrictions

You represent and warrant that your User Content:

• Does not infringe on third-party intellectual property rights
• Complies with all applicable laws and regulations
• Does not contain false, misleading, or defamatory information
• Is appropriate for a fitness and wellness community

6.4 Content Removal

We reserve the right to remove, modify, or disable access to any User Content that violates these Terms or is otherwise objectionable, without prior notice.

6.5 Copyright Complaints (DMCA)

We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act. To submit a takedown notice or counter-notice, or to reach our designated copyright agent, follow the process in our Copyright Policy (notices may be sent to [email protected]). We terminate the accounts of repeat infringers in appropriate circumstances.

6.6 Feedback

If you send us ideas, suggestions, or feedback about the Service ("Feedback"), you grant Body Byte a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without any obligation or compensation to you. Feedback is not treated as your confidential information.

7. Health and Medical Disclaimers

7.1 Not Medical Advice

IMPORTANT: Body Byte is a fitness and wellness application that provides general information and tools for exercise and nutrition tracking. It is NOT intended to provide medical advice, diagnosis, or treatment.

7.2 Medical Disclaimer

The information and services provided through Body Byte are for educational and informational purposes only and should not be construed as professional medical advice. You should:

• Consult with qualified healthcare professionals before starting any fitness program
• Seek immediate medical attention for any health emergencies
• Not rely on Body Byte for medical diagnosis or treatment decisions
• Discuss any fitness plans with your doctor, especially if you have health conditions

7.3 Fitness and Exercise Risks

Physical exercise and fitness activities carry inherent risks, including but not limited to:

• Risk of injury, strain, or physical harm
• Exacerbation of existing medical conditions
• Cardiac events in individuals with heart conditions
• Falls, accidents, or equipment-related injuries

BY USING BODY BYTE, YOU ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH PHYSICAL EXERCISE AND FITNESS ACTIVITIES.

7.4 No Doctor-Patient Relationship

Use of Body Byte does not create a doctor-patient, therapist-client, or any other professional healthcare relationship between you and Body Byte or its employees.

7.5 General Wellness Product; Specific Conditions

Body Byte is a general wellness and fitness product. It is not a medical device, and it does not diagnose, treat, cure, or prevent any disease or medical condition. It is not intended for use in medical emergencies — if you think you may have a medical emergency, call your doctor or emergency services immediately.

The Service, including its weight-management features, is not appropriate for everyone. Do not use it as a substitute for professional care if you are pregnant or breastfeeding, are under 18, have or are recovering from an eating disorder, or have a medical condition (including heart, metabolic, or eating-related conditions) without first consulting your healthcare provider. If you are struggling with disordered eating, please seek help from a qualified professional.

8. Privacy and Data Protection

8.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy, which describes how we collect, use, and protect your personal information, is incorporated into these Terms by reference.

8.2 Health Data

Body Byte may collect and process health and fitness-related information. By using the Service, you consent to our collection and use of this information as described in our Privacy Policy.

8.3 Third-Party Integrations

When you connect Body Byte with third-party health platforms (Apple HealthKit, Google Fit, etc.), you grant us permission to access and use the shared data in accordance with our Privacy Policy.

9. Third-Party Services and Content

9.1 Third-Party Integrations

Body Byte may integrate with third-party services including but not limited to:

• Health and fitness platforms (Apple Health, Google Fit)
• Wearable devices (Apple Watch, Fitbit, Garmin)
• Payment processors (Stripe, Apple Pay, Google Pay)
• Analytics and support services

9.2 Third-Party Disclaimers

We do not control, endorse, or assume responsibility for third-party services, content, or practices. Your use of third-party services is subject to their respective terms and privacy policies.

9.3 Integration Availability

Third-party integrations may be modified, suspended, or discontinued at any time without notice, depending on the policies and availability of external providers.

10. Disclaimers and Limitation of Liability

10.1 Service Availability

Body Byte is provided "as is" and "as available." We do not guarantee:

• Uninterrupted or error-free service operation
• Compatibility with all devices or operating systems
• Accuracy of fitness calculations or recommendations
• Achievement of specific fitness or health outcomes

10.2 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BODY BYTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• SECURITY OF DATA TRANSMISSION OR STORAGE
• NON-INFRINGEMENT OF THIRD-PARTY RIGHTS

10.3 Limitation of Liability

IN NO EVENT SHALL BODY BYTE BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM APP USE
• AGGREGATE LIABILITY EXCEEDING THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID BODY BYTE FOR THE SUBSCRIPTION SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) US$100

10.4 Fitness Activity Risks

BODY BYTE IS NOT LIABLE FOR ANY INJURIES, HEALTH COMPLICATIONS, OR DAMAGES RESULTING FROM YOUR PARTICIPATION IN FITNESS ACTIVITIES, EXERCISE PROGRAMS, OR FOLLOWING NUTRITION GUIDANCE PROVIDED THROUGH THE SERVICE.

10.5 Exceptions and Your Statutory Rights

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that may not lawfully be limited. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so some of the above may not apply to you. In that case, our liability is limited to the greatest extent permitted by law, and nothing in these Terms affects mandatory rights you have as a consumer.

11. Indemnification

You agree to defend, indemnify, and hold harmless Body Byte, its officers, directors, employees, and agents from any claims, damages, costs, or expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your User Content or activities
• Your infringement of third-party rights
• Any fitness activities or health decisions based on Service use

12. Account Termination

12.1 Termination by You

You may terminate your account at any time by:

• Using account deletion features in the App
• Contacting customer support
• Following cancellation procedures for subscription services

12.2 Termination by Body Byte

We may suspend or terminate your account immediately, without prior notice, if you:

• Violate these Terms or our policies
• Engage in fraudulent or illegal activities
• Pose a security risk to the Service or other users
• Fail to pay subscription fees

12.3 Effects of Termination

Upon account termination:

• Your access to the Service will be disabled
• Your subscription will be canceled (subject to refund policy)
• Your data may be retained or deleted according to our Privacy Policy
• Provisions that by their nature should survive will remain in effect — including Section 6 (Intellectual Property Rights), Section 10 (Disclaimers and Limitation of Liability), Section 11 (Indemnification), Section 14 (Dispute Resolution, Arbitration, and Governing Law), Section 17 (Artificial Intelligence Features), and Section 18 (Miscellaneous Provisions), together with any payment obligations that accrued before termination

13. Changes to Terms and Service

13.1 Terms Modifications

We may modify these Terms at any time. Material changes will be communicated through:

• Email notification to registered users
• In-app notifications
• Website posting with effective date

Continued use of the Service after changes constitutes acceptance of modified Terms.

13.2 Service Changes

We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Service
• Change subscription pricing with advance notice
• Add or remove features and functionality
• Update system requirements or compatibility

14. Dispute Resolution, Arbitration, and Governing Law

14.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware and applicable U.S. federal law (including the Federal Arbitration Act), without regard to conflict-of-law principles. Nothing in this Section deprives you of the mandatory consumer protections of the jurisdiction where you reside.

14.2 Informal Resolution First

Before starting an arbitration or court proceeding, you agree to first try to resolve the dispute informally by sending a written Notice of Dispute to [email protected] (and, if requested, to our mailing address in Section 19) describing the dispute and the relief sought. You and Body Byte will then have 60 days to reach a resolution. Completing this step is a precondition to filing a claim, and any filing deadline is paused while the parties attempt resolution.

14.3 Binding Arbitration Agreement

Please read this Section carefully — it affects your legal rights, including your right to go to court. Except for the claims described in Section 14.4, you and Body Byte agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, not in court.

• Administrator and rules: arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (available at adr.org).
• Fees and location: the AAA rules govern allocation of arbitration fees. The arbitration may be conducted by phone, by video, on written submissions, or in person at a mutually agreed location.
• Authority: the arbitrator decides all issues, except that a court decides the enforceability, scope, or formation of this arbitration agreement and the waiver in Section 14.5. The arbitrator may award the same individual relief a court could.

14.4 Exceptions to Arbitration

Either party may instead: (a) bring an individual claim in small-claims court if it qualifies; and (b) seek injunctive or other equitable relief in court to stop actual or threatened infringement or misuse of intellectual property or unauthorized access to the Service.

14.5 Class Action and Jury Trial Waiver

All claims must be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. You and Body Byte also waive any right to a jury trial. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, while all others proceed in arbitration.

14.6 Coordinated Arbitrations

If 25 or more similar Notices of Dispute are submitted by or with the assistance of the same or coordinated counsel, the parties agree the claims will be resolved in staged batches to promote efficiency, and applicable deadlines are paused for claims not in the current batch.

14.7 Your 30-Day Right to 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, the email on your account, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms and will not adversely affect your relationship with Body Byte.

14.8 Venue for Non-Arbitrable Claims

For any claim not subject to arbitration, you and Body Byte submit to the exclusive jurisdiction of the state and federal courts located in Delaware and consent to personal jurisdiction and venue there, except where applicable law gives you the right to bring proceedings in your local courts.

15. Accessibility and Compliance

15.1 Accessibility Commitment

Body Byte strives to make our Service accessible to users with disabilities and complies with applicable accessibility standards where required by law.

15.2 Regulatory Compliance

We comply with applicable laws and regulations, including:

• Consumer protection laws
• Data protection regulations (GDPR, CCPA)
• Mobile app store requirements
• Health information standards (where applicable)

16. International Users

16.1 Global Availability

Body Byte may be accessed worldwide, subject to local laws and restrictions.

16.2 Local Law Compliance

International users are responsible for compliance with local laws and regulations governing:

• Software use and licensing
• Health and fitness applications
• Data protection and privacy
• Import/export restrictions

16.3 Language and Currency

The Service is primarily provided in English with pricing in US Dollars, unless otherwise specified for your region.

16.4 Export Controls and Sanctions

The Service is subject to U.S. export-control and sanctions laws. By using it, you represent that you are not located in a country or region subject to comprehensive U.S. sanctions, are not on any U.S. government restricted-party or sanctions list, and will not use or export the Service in violation of U.S. law.

16.5 Mandatory Local Consumer Rights

If you use the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local law. Nothing in these Terms overrides mandatory consumer-protection rights available to you under the law of your country of residence. Consumers in the EU, EEA, and UK may have a statutory right to withdraw from a purchase within 14 days; however, by starting to use paid digital content or services during any applicable withdrawal period, you may lose that right to the extent permitted by law.

17. Artificial Intelligence Features

The Service uses artificial intelligence and machine-learning models to generate personalized plans, insights, predictions, and coaching ("AI Output"). By using AI features, you understand and agree that:

• AI Output can be wrong. It may be inaccurate, incomplete, or unsuitable for your situation, and it is generated automatically without human review.
• It is not professional advice. AI Output is general wellness and fitness information, not medical, nutritional, psychological, or other professional advice, and it creates no professional relationship (see Section 7). Do not rely on it as your sole basis for any health, fitness, or nutrition decision, and consult a qualified professional where appropriate.
• No guaranteed results or uniqueness. We do not warrant any particular outcome, and similar AI Output may be generated for other users.
• How your inputs are used. We may use your inputs and interactions to operate, secure, and improve our models and the Service, as described in our Privacy Policy; where we use your data to improve models beyond your own experience, we use de-identified or aggregated data.
• No automated decisions with legal effect. We do not use AI to make decisions producing legal or similarly significant effects about you without a lawful basis and, where required, human involvement.

To the maximum extent permitted by law, Body Byte is not liable for actions you take based on AI Output. Your use of AI features is also subject to the disclaimers and limitations in Sections 7 and 10.

18. Miscellaneous Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Copyright Policy (and the terms of any guarantee or promotion you enroll in), constitute the entire agreement between you and Body Byte regarding the Service and supersede all prior agreements on that subject.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

18.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other right.

18.4 Assignment

You may not assign or transfer your rights under these Terms. Body Byte may assign its rights and obligations without restriction.

18.5 Force Majeure

Body Byte is not liable for delays or failures in performance due to circumstances beyond our reasonable control.

18.6 Notices

We may give you notices by email to the address associated with your account, or by posting within the Service or on our website; such notices are effective when sent or posted. You agree that electronic notice satisfies any legal requirement that a communication be in writing. You must send legal notices to Body Byte at [email protected] and to the mailing address in Section 19.

18.7 Electronic Communications and Consent

By creating an account or using the Service, you consent to receive these Terms, our policies, disclosures, and other communications from us electronically, and you agree that electronic agreements, notices, and records satisfy any legal requirement that such communications be in writing. You may withdraw this consent by closing your account, though doing so may prevent you from using the Service.

19. Contact Information

19.1 Customer Support

Email: [email protected]
Response Time: Within 48 hours
Hours: Monday-Friday, 9 AM-6 PM ET

19.2 Legal, Privacy, and Copyright Notices

Legal Department: [email protected]
Privacy requests: [email protected] (see our Privacy Policy)
Copyright / DMCA: [email protected] (see our Copyright Policy)

Mailing Address:
Body Byte, Inc.
[Company Address]
[City, State ZIP Code]

19.3 Business Information

Company: Body Byte, Inc.
Registration: [Registration Number]
Registered Address: [Registered Address]

Acknowledgment and Acceptance

BY DOWNLOADING, INSTALLING, OR USING BODY BYTE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL PROVISIONS CONTAINED HEREIN.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE BODY BYTE SERVICE.

Effective Date: September 2, 2025 | Last Updated: June 23, 2026 | Version: 1.1