Terms of Service

You must be at least 18 years old and able to form a binding contract to use the App. By using it you confirm that you are, and that no law bars you from using it.

You may hold one account. The information you give us must be true and kept up to date. If you use the App outside the United States, you are responsible for following the laws where you are.

The App, its coach, plans, guided workouts, nutrition and calorie targets, fasting timers, readiness and recovery scores, and everything else in it are for general information and fitness motivation only. They are not medical advice, diagnosis or treatment. The App is not a medical device, we are not health-care providers, and using the App creates no doctor–patient or other professional relationship.

Talk to a physician before you start any exercise program, diet, fast or weight-loss plan, and before you change one, especially if you are pregnant or nursing, have or have had a heart condition, diabetes, high or low blood pressure, an eating disorder or any other medical condition, or take medication.

Never ignore professional medical advice or delay seeking it because of something in the App. If you think you may have a medical emergency, stop what you are doing and call 911 or your local emergency number at once.

Exercise, strength training, running, walking on a treadmill, swimming, fasting, cutting calories and changing your diet carry real risks, including injury, illness, fainting, heart attack, drowning and, in rare cases, death. You take part voluntarily. You alone decide whether an activity is safe for you, and you are responsible for your form, your surroundings, your equipment, and for stopping at once if you feel pain, dizziness, shortness of breath or discomfort. When you run or walk outdoors, watch for traffic and hazards; do not look at your phone while moving.

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF ANY ACTIVITY YOU DO WHILE USING, OR BECAUSE OF, THE APP.

Calories, macros and nutrients, foods recognized from photos, barcodes, voice or text, portion sizes, rep counts, steps, distance, pace, heart rate, sleep, body composition, readiness and every other figure in the App are estimates. They come from models, databases, sensors and other people's data, and they can be wrong.

The coach and other features use artificial intelligence. What they say may be inaccurate, incomplete, out of date or unsuitable for you. Check anything that matters before you act on it. The Foods you avoid list filters dishes by the ingredient names you and the App entered. It is not allergen detection: it cannot see what is inside a product, a sauce or a kitchen, it cannot see cross-contact, and it may miss an ingredient or a name in another language. Do not rely on the App to identify allergens or ingredients, to manage an allergy or any medical condition, or to make any medical decision; read labels and ask about ingredients yourself.

You are responsible for the decisions you make using the App.

The App works with devices and services we do not make or control, such as smart rings, scales, treadmills, Apple Health, Strava and Oura. Their own terms and privacy policies apply to them, and we make no promise about how they work, what they measure or whether they stay available.

When you pair a treadmill, the App can start it, stop it and change its speed and incline. Use the treadmill's safety key and controls, stay alert while it moves, and keep children and pets away. You are responsible for operating any equipment safely.

Accountability partners are other users. We do not screen them or check what they say, and we are not responsible for their messages, verifications, call-outs or conduct. Only add people you trust.

A commitment is a personal pledge to keep you motivated. No money moves through the App unless and until we offer payments under separate terms that you accept first; any money feature will be governed by those terms. Commitments are not bets or wagers, and you may not use them for gambling.

When you share a link, a card or a photo, anyone who gets it may see what it shows and pass it on. Share only what you are comfortable making public.

Keep your password and sign-in methods secure. You are responsible for everything done through your account. Tell us at once if you think someone else has used it.

You own what you put into the App: your logs, photos, recordings, messages and other content (“Your Content”).

You grant us a worldwide, non-exclusive, royalty-free license, which we may transfer to a successor or assignee under Section 18 and sublicense to the providers who help us run the App, to host, store, copy, process, adapt and display Your Content in order to operate, provide, secure and improve the App and as our Privacy Policy describes. The license ends when you delete the content or your account, except for copies kept for a limited time in backups, copies the law requires us to keep, and data that no longer identifies you.

You confirm that you have the rights to Your Content and that it does not break any law or anyone else's rights. Do not upload images of other people without their permission.

If you send us ideas or feedback, we may use them without paying you or owing you anything.

Do not: break any law; harass, threaten or harm anyone; impersonate anyone; upload anything unlawful, hateful, sexually explicit or infringing; try to get into accounts, systems or data that are not yours; probe, scan, scrape or overload the App; copy, reverse engineer or resell any part of it except where the law allows; use it to build a competing product; or use it to send spam.

We and our licensors own the App, including its software, design, text, workouts, videos, audio, the Best Version of You name and logos. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial use under these Terms. We keep every right we do not expressly give you.

We may add, change, suspend or remove any feature, or stop offering the App, at any time. The App may be unavailable at times, and data may be lost; keep your own copy of anything important.

If we offer paid features, we will tell you the price and terms before you are charged, and you will agree to them separately.

You may stop using the App and ask us to delete your account at any time. We may suspend or end your access, with or without notice, if you break these Terms, if we must for legal reasons, or to protect you, other users, us or the App.

Sections 2 to 4, 8 and 13 to 21, and any other part that by its nature should, continue after your use ends.

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY ESTIMATE OR COACH RESPONSE WILL BE CORRECT, OR THAT USING THE APP WILL PRODUCE ANY RESULT, INCLUDING ANY CHANGE IN YOUR WEIGHT, FITNESS OR HEALTH.

TO THE FULLEST EXTENT THE LAW ALLOWS, WE, AND OUR SUCCESSORS, ASSIGNS, CONTRACTORS AND LICENSORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, OR FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE APP OR ANY ACTIVITY YOU DO BECAUSE OF IT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP OR THESE TERMS IS LIMITED TO THE GREATER OF (A) WHAT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) FIFTY U.S. DOLLARS (US $50).

Some places do not allow some of these exclusions or limits. In those places they apply only as far as the law allows, and nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or, where the law requires, for death or personal injury caused by gross negligence or willful misconduct.

You will defend, indemnify and hold harmless us and our successors, assigns, contractors and licensors from any claim, loss, liability, damage, cost or expense (including reasonable attorneys' fees) arising from Your Content, your use of the App, any activity you do because of it, your dealings with other users, or your breach of these Terms or of any law or anyone's rights.

To the fullest extent the law allows, you release us and our successors, assigns, contractors and licensors from claims arising from the conduct of other users, devices and services made by others, and the activities described in Sections 3 and 5. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law elsewhere.

16.1 Talk to us first. Before starting any claim, send a written notice to askmikeai@gmail.com with your name, your account email, a description of the dispute and what you want. We will do the same to the email on your account. Both sides will try in good faith to resolve it for 60 days. A claim started before then must be dismissed or paused.

16.2 Arbitration. Any dispute, claim or controversy between you and us arising from or relating to the App or these Terms, including their formation, scope or validity, will be resolved by final and binding arbitration before a single arbitrator, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this Section 16. Fees are paid as those rules provide. The hearing will be held by video or telephone, on written submissions, or in the county where you live, as the arbitrator decides. The arbitrator decides all questions of arbitrability except those in Section 16.5, which a court decides. A judgment on the award may be entered in any court with jurisdiction.

16.3 Exceptions. Either side may bring an individual claim in small-claims court if it qualifies, and either side may ask a court for an injunction to protect its intellectual property.

16.4 No class actions and no jury. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY GRANT RELIEF ONLY TO YOU INDIVIDUALLY. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL.

16.5 If the class waiver fails. If a court decides that Section 16.4 cannot be enforced for a particular claim or remedy, that claim or remedy (and only that one) goes to court under Section 17, and is paused until the arbitrable claims are decided. The rest of this Section 16 still applies.

16.6 Many similar claims. If 25 or more similar demands are filed against us by or with the help of the same law firm or coordinated group, the AAA's Mass Arbitration Supplementary Rules apply and the demands may be heard in batches.

16.7 Opting out. You may opt out of this Section 16 by emailing askmikeai@gmail.com within 30 days after you first accept these Terms, from the email on your account, with your name and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

16.8 Time limit. To the extent the law allows, any claim must be started within one year after it arises, or it is permanently barred.

16.9 Changes to this section. If we change this Section 16, we will give you at least 30 days' notice, and the change will not apply to a claim you notified us of before it took effect.

16.10 Outside the United States. If you live outside the United States, nothing in this Section 16 takes away a right the consumer law of your country gives you that cannot be waived by contract, including the right to bring a claim in your local courts.

The laws of the State of Florida, without regard to its conflict-of-laws rules, govern these Terms, except that the Federal Arbitration Act governs Section 16. Any claim not subject to arbitration must be brought only in the state or federal courts located in Florida, and you and we consent to their personal jurisdiction and venue there.

We may assign, transfer, delegate or novate these Terms, any of our rights or obligations under them, and the App itself, in whole or in part, without your consent and without prior notice, to any person or entity, including a company we form or control, or a buyer or successor in a sale of the App or of its assets, a merger, acquisition, reorganization, financing or by operation of law. Your agreement to these Terms is your consent to such a transfer.

From the transfer, the person or entity that receives the App takes our place under these Terms and the Privacy Policy, “we”, “us” and “our” mean that person or entity, and the one who transferred it is released from obligations arising after the transfer.

You may not assign or transfer these Terms or your account without our written consent; any attempt to do so is void. These Terms bind and benefit you, us and our permitted successors and assigns.

If you downloaded the App from Apple's App Store, you and we acknowledge that: these Terms are between you and us only, not Apple, and we, not Apple, are solely responsible for the App and its content; your license is limited to using the App on Apple-branded products you own or control, as the Usage Rules in Apple's Media Services Terms and Conditions allow; Apple has no obligation to provide maintenance or support for the App; if the App fails to conform to any warranty that applies, you may notify Apple and Apple will refund the purchase price, if any, and to the fullest extent the law allows Apple has no other warranty obligation for the App; we, not Apple, are responsible for any claims by you or anyone else relating to the App or your use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws, including in connection with HealthKit; if anyone claims the App or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging that claim; you confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and are not on any U.S. Government list of prohibited or restricted parties; you must follow any third-party terms that apply when you use the App; and Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.

If you downloaded the App from Google Play, Google's terms for Google Play also apply, and Google is not responsible for the App.

We may update these Terms. When we make a material change, we will ask you to accept the new version in the App before you continue, or tell you in another reasonable way. The version date at the top of these Terms shows which version is in force. If you do not agree to a change, stop using the App and ask us to delete your account.

These Terms, the Privacy Policy and any additional terms we show you for a specific feature are the whole agreement between you and us about the App. If any part is found unenforceable, it is changed only as much as needed to make it enforceable, and the rest stays in force. Our not enforcing a right is not a waiver of it. We are not liable for delays or failures caused by events beyond our reasonable control. You agree that we may give you notices and agreements electronically, and that they satisfy any requirement that they be in writing. Nothing in these Terms creates a partnership, employment or agency relationship. Headings are for convenience only. If these Terms are translated, the English version controls where the law allows.

Michael Friedberg, Best Version of You, askmikeai@gmail.com