Terms Of Service / EULA

Effective Date: September 2, 2025  
Last Updated: September 2, 2025

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 mobile application available on iOS and Android platforms.

**"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.[3][4]

**"User Content"** means any content you create, upload, post, or transmit through the Service.[5][3]

**"Subscription"** refers to your paid access to premium features through monthly or annual plans.[6]

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.[8][2][9]

### 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[2][8]

### 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.[8]

## 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
- Your device's subscription management settings (for app store purchases)
- Contacting customer support at [email protected]

### 4.5 Refund Policy
Refunds are governed by our separate Refund Policy, which provides comprehensive satisfaction guarantees and is incorporated into these Terms by reference.

## 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[10][11][5]

### 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[4][12][9]

### 6.2 User Content Ownership and License
You retain ownership of content you create and upload to Body Byte. However, by uploading User Content, you grant Body Byte a non-exclusive, royalty-free, worldwide, perpetual license to:
- Use, reproduce, modify, and display your content within the Service
- Create derivative works for service improvement and personalization
- Aggregate and anonymize your data for research and analytics purposes[13][3][5]

### 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[14][5]

### 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.[5][14]

## 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[15][16][17][18]

### 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.**[19][16][20]

### 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.[18][21][15]

## 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[22]

### 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][22]

### 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
- DAMAGES EXCEEDING THE AMOUNT PAID FOR SUBSCRIPTION SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM[19][22][10]

### 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.**[16][19]

## 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[10]

## 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[11][10]

### 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
- Certain provisions of these Terms will survive 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 and Governing Law

### 14.1 Governing Law
These Terms are governed by the laws of Delaware, without regard to conflict of law principles.

### 14.2 Dispute Resolution Process
For disputes arising from these Terms or Service use:

1. **Informal Resolution:** Contact [email protected] to attempt resolution
2. **Mediation:** If informal resolution fails, disputes may be submitted to mediation
3. **Arbitration:** Unresolved disputes will be settled through binding arbitration (where legally permitted)

### 14.3 Class Action Waiver
You agree that disputes will be resolved individually and waive the right to participate in class action lawsuits or collective proceedings (where legally permitted).

### 14.4 Jurisdiction
Any legal proceedings will be conducted in the courts of Delaware, and you consent to personal jurisdiction in such 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.

## 17. Miscellaneous Provisions

### 17.1 Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Body Byte regarding the Service.

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

### 17.3 No Waiver
Our failure to enforce any provision does not constitute a waiver of that provision or any other right.

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

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

## 18. Contact Information

### 18.1 Customer Support
**Email:** [email protected]  
**Response Time:** Within 48 hours  
**Hours:** Monday-Friday, 9 AM-6 PM EST  

### 18.2 Legal Notices
**Legal Department:** [email protected]  
**Mailing Address:**  
Body Byte, Inc.  
[Company Address]  
[City, State ZIP Code]  

### 18.3 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:** September 2, 2025  
**Version:** 1.0