Terms of Service

Last Updated: February 17, 2026

Effective Date: February 17, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION TO RESOLVE DISPUTES AND INCLUDE A CLASS ACTION WAIVER. YOU AGREE TO SUBMIT DISPUTES TO AN ARBITRATOR AND NOT TO SUE IN COURT IN FRONT OF A JUDGE OR JURY, EXCEPT AS PERMITTED HEREIN. SEE SECTION 17.

1. Introduction

These Terms of Service (the "Terms") apply to the Bodyfon mobile application, the website at bodyfon.com, and all related digital products and services (collectively, the "Service") owned and provided by Bodyfon ("we," "us," or "our"). Contact us at support@bodyfon.com.

By using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service and must delete the Application from your Device.

2. Definitions

"Application" means the mobile application titled "Bodyfon."

"Device" means any device capable of accessing the Service.

"Service" means, collectively, the Application, the Website, associated software, content, AI-powered tools, and any services offered by us.

"Services Provider" means the application store or distribution platform from which you downloaded the Application (e.g., Apple App Store).

"User Content" means any images, photographs, text, food entries, notes, metadata, or other content uploaded, submitted, or transmitted by you through the Service.

"Website" means bodyfon.com and any associated subdomains.

"You" means the individual using the Service or the legal entity on whose behalf the individual uses the Service.

3. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to use the Service and purchase any subscription. By using the Service, you represent and warrant that you meet this age requirement. The Service is not directed at children under the age of 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will take steps to delete such information promptly.

4. Grant of Rights and Use of the Service

4.1. We grant you a personal, revocable, non-transferable, non-sublicensable, limited, and non-exclusive right to access and use the Service, subject to these Terms. All rights not expressly granted are reserved by us.

4.2. You may use the Service only for as long as you fully comply with these Terms.

5. Account and Login Credentials

5.1. If you log into the Service via Apple, Google, or any third-party authentication service, you consent to us accessing information that is publicly available through such service.

5.2. You are solely responsible for maintaining the confidentiality of your login credentials, including any username, password, or authentication method associated with your account. You must not share your credentials with any third party or allow anyone else to access the Service using your account. You are responsible for all activity that occurs under your account. We shall be entitled to assume that all access using your credentials emanates from you. We shall not be liable for any loss or damage arising from unauthorized use of your login credentials or unauthorized access to your account. If you become aware of a breach of your credential confidentiality, you must immediately reset your password. We may, at our sole discretion, require you to change your login credentials at any time.

6. Subscriptions, Billing, and Purchases

6.1. The Service may require a subscription. Subscriptions renew automatically on a periodic basis unless you cancel through your Services Provider's subscription management settings before the current period ends. You will receive a confirmation of your subscription at the time of purchase. You may cancel your subscription at any time through your Device's subscription management settings. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your current subscription period, at which point it will expire.

6.2. Subscriptions are purchased from and billed by your Services Provider. All billing, payments, refunds, and payment disputes are managed by your Services Provider in accordance with their applicable terms and policies. We do not process payments or refunds directly. For any billing or refund inquiries, please contact your Services Provider.

6.3. Uninstalling or deleting the Application does not cancel your subscription. You must cancel through your Services Provider's subscription management settings.

6.4. The Service may offer a free trial period. Unless you cancel before the end of the free trial, your subscription will automatically convert to a paid subscription at the standard rate, and your Services Provider will charge you accordingly. To avoid being charged, you must cancel your subscription through your Device's subscription management settings before the free trial period ends. The duration and availability of free trials may vary and will be confirmed at the time of activation.

6.5. From time to time, we may offer promotional terms, including extended free trial periods for waitlist members or early adopters. Promotional offers are subject to change and may be modified or withdrawn at any time. The specific terms of any promotion will be confirmed at the time of activation.

6.6. We reserve the right to change subscription pricing at any time. Price changes will take effect at the start of the next subscription period following the date of the price change. Your Services Provider will notify you of any price changes in accordance with their applicable policies. Your continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

6.7. All fees are exclusive of applicable taxes, which are determined and collected by your Services Provider or payment processor.

6.8. If you initiate a chargeback, payment dispute, or otherwise reverse a payment, we may terminate, suspend, or downgrade your account immediately at our sole discretion.

7. Health, Nutrition, and Safety Disclaimers

7.1. General Disclaimer

Bodyfon is not a medical organization. We do not provide medical advice, medical nutrition therapy, nutritional counseling, or professional health services. Nothing contained in the Service should be interpreted as a substitute for consultation, evaluation, or treatment by a qualified medical professional. The Service is not intended to diagnose, manage, treat, cure, or prevent any disease or medical condition.

All information and feedback provided through the Service is based on data you input — not on a medical examination, health history review, or individualized dietary assessment. We cannot guarantee the suitability, safety, or nutritional adequacy of any information, recommendations, or dietary plans generated by the Service.

7.2. Adaptive TDEE and Nutrition Plans

Bodyfon's adaptive TDEE (Total Daily Energy Expenditure) calculation and weekly nutrition plan adjustments are based on algorithmic modeling using self-reported data, including your food logs, weight entries, and activity information. These calculations are automated approximations and are not clinically validated metabolic assessments. The algorithm does not account for medical conditions, medications, metabolic disorders, or other health factors unless you have explicitly provided such information — and even then, it cannot replace professional clinical evaluation.

Bodyfon proposes nutrition plan adjustments; you decide whether to accept or reject them. You are solely responsible for evaluating whether any proposed adjustment is appropriate for your individual health situation. Be especially careful when undertaking any form of caloric restriction or fasting.

7.3. AI Food Recognition

Bodyfon uses artificial intelligence to identify food from photos and estimate calorie and nutrient content. AI-based food recognition is inherently imperfect and may misidentify foods, miscalculate portions, or provide incomplete or inaccurate nutritional information.

Allergen Warning: The Service cannot detect allergens, food intolerances, cross-contamination, or the presence of specific ingredients that may be harmful to you. You must never rely on the Service to determine whether a food is safe for you to consume if you have food allergies, intolerances, or sensitivities. Always verify ingredient information independently and consult your healthcare provider.

Nutrient data (including 30+ micronutrients) is sourced from databases that, while verified, may contain errors or may not reflect the exact composition of the specific food you consumed. Use this data as a general guide, not as a definitive measurement.

7.4. Behavioral Insights

Bodyfon analyzes your food logs and other data you provide to surface behavioral patterns and insights. These insights are observational and algorithmic in nature. They are not psychological assessments, clinical diagnoses, or behavioral therapy.

7.5. Consulting Healthcare Professionals

Always consult with a qualified healthcare professional before making any health-related decisions or changes to your dietary habits. This is especially important if you are:

• Pregnant or breastfeeding
• Taking medication that affects metabolism, appetite, or nutrient absorption
• Living with any medical condition, disease, or disorder directly or indirectly related to nutrition, metabolism, body weight, or body image
• Recovering from or managing an eating disorder
• Considering significant caloric restriction, fasting, or elimination diets

If any of the above applies to you, consult a qualified healthcare professional before you start using Bodyfon and continue consulting with them while you use it.

7.6. Eating Disorders

The Service is not designed for, and should not be used by, individuals with active eating disorders or those in recovery without the guidance and supervision of a qualified healthcare professional. Calorie tracking and body composition monitoring can be triggering for individuals with disordered eating patterns.

If you are experiencing symptoms of an eating disorder — including but not limited to obsessive calorie counting, restrictive eating, binge eating, purging, or excessive preoccupation with body weight or shape — please seek help from a qualified professional. We reserve the right to recommend discontinuation or to limit access to the Service if we reasonably believe that continued use may be harmful to your health.

7.7. User Eligibility and Physical Parameters

The Application's dietary recommendations are calibrated for generally healthy adults within specific physical parameters. Using the Application outside these parameters may result in inaccurate or potentially harmful recommendations. If you fall outside the typical ranges for height, weight, or body composition that the Application supports, the accuracy and safety of recommendations may be significantly reduced.

7.8. Your Responsibility

While we provide guidelines, suggestions, and adaptive nutrition plans, you are ultimately responsible for your own health decisions. This includes:

• Verifying the accuracy of AI-identified foods before consuming them, especially if you have allergies or intolerances.
• Evaluating whether proposed nutrition plan adjustments are appropriate for your individual situation before accepting them.
• Providing accurate and complete information when setting up your profile and logging data.
• Monitoring your own physical and mental well-being while using the Service, and discontinuing use if you experience adverse effects.

7.9. Assumption of Risk

You recognize, understand, and accept that changing your diet, caloric intake, and body weight comes with inherent risks, including but not limited to nutritional deficiencies, metabolic changes, adverse reactions to dietary changes, psychological effects related to tracking food intake and body metrics, and consequences of acting on inaccurate AI-generated information.

You knowingly and voluntarily accept, and assume responsibility for, each of these risks and all other risks that could arise out of, or occur during, your use of the Service.

7.10. Apple Health Integration

Bodyfon may integrate with Apple Health (HealthKit) to read and write health-related data, including weight, nutrition, and body measurements. This integration is subject to Apple's HealthKit guidelines. Data obtained from Apple Health is used solely to provide and improve the Service. We do not use Apple Health data for advertising, and we do not sell or transfer it to third parties. You may revoke Bodyfon's access to Apple Health at any time through your Device's privacy settings. Revoking access may limit certain features of the Service.

8. User Content

8.1. The Service may allow you to upload, transmit, or post content including, without limitation, food photos, progress photos, text entries, notes, images, and other information or materials ("User Content"). The Service may also allow you to upload images of product packaging, including product labels, nutrition facts panels, ingredients lists, and barcodes ("Product Images"). Product Images are a subset of User Content and are subject to the additional terms set forth in Section 8.5.

8.2. You represent and warrant that any User Content you submit:

• (a) is your own original work;
• (b) does not infringe, violate, or misappropriate any intellectual property, privacy, publicity, or other rights of any third party, and that we shall not need to obtain any licenses from or make any payments to any third party in connection with your User Content;
• (c) does not contain anyone else's work or material that is owned by or subject to the rights of a third party without appropriate authorization;
• (d) is complete, accurate, and not deceptive, false, misleading, or fraudulent;
• (e) is not illegal, unlawful, obscene, vulgar, profane, abusive, threatening, defamatory, invasive of privacy or publicity rights, or otherwise objectionable; and
• (f) does not promote or encourage harassment, harm, hatred, discrimination, violence, illegal or harmful substances or activities, self-harm, or any unlawful or illegal conduct.

8.3. By submitting User Content, you grant us and our subsidiaries and affiliates an irrevocable, non-exclusive, sublicensable, transferable, worldwide, royalty-free, perpetual license to use, copy, store, process, reproduce, modify, publish, distribute, transmit, edit, and create derivative works from your User Content in any format, manner, or media now or later developed, for purposes of operating, promoting, and improving the Service and our services. This license includes the right to use User Content for AI model training, analytics, research, and marketing. We will not make your User Content visible to other users of the Service unless you have made it visible to others or have provided separate consent. For the avoidance of doubt, this license does not restrict our ability to share User Content with service providers, contractors, or partners as necessary to operate the Service, subject to appropriate confidentiality obligations.

8.4. User Content reflects the views of its authors and does not represent our views. We do not endorse, guarantee, or assume responsibility for any User Content, and we shall not be liable for any loss or damage resulting from any party's reliance on User Content.

8.5. You grant us and our subsidiaries and affiliates an irrevocable, non-exclusive, sublicensable, transferable, worldwide, royalty-free, perpetual license to use, copy, distribute, transmit, edit, modify, and create derivative works from Product Images in any format, manner, or media now or later developed, for any purpose, including commercial use, advertising, and promotion, without any payment due to you. We shall be free to copy, adapt, distribute, and disclose to third parties any Product Images for any purpose in any form throughout the world in perpetuity. You hereby waive any moral rights or rights of personality, privacy, or publicity that you may have in the Product Images.

8.6. For details on how we handle specific types of User Content, including progress photos and other sensitive data, see our Privacy Policy.

8.7. We reserve the right, but have no obligation, to review, screen, edit, refuse to post, or remove any User Content at our sole discretion, without notice, for any reason, including if we determine that User Content violates these Terms or is otherwise objectionable. We may also limit or revoke your access to the Service in connection with any violation of these Terms.

8.8. You agree to indemnify, defend, and hold harmless Bodyfon, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your User Content; (b) your breach of any representation, warranty, or obligation under this Section 8; or (c) your violation of any third-party rights in connection with your User Content.

8.9. The licenses granted in this Section 8, and your representations, warranties, and indemnification obligations, shall survive any termination or expiration of your account or these Terms. For the avoidance of doubt, deletion of your account does not revoke or terminate any license granted under this Section 8 with respect to User Content previously submitted.

9. Prohibited Uses

9.1. You shall use the Service only in compliance with all applicable laws, rules, and regulations.

9.2. You shall access and download the Service from authorized distribution platforms only. You shall use the Service on legitimate, authorized Devices only. We reserve the right to terminate your access to the Service if the Service has been obtained from an unauthorized source or is used on an unauthorized or illegitimate Device.

9.3. You shall not use the Service otherwise than in compliance with these Terms. You shall not:

• (a) use the Service for any commercial or business purpose unless expressly authorized by us;
• (b) mirror, frame, disassemble, decompile, extract source code from, reverse engineer, or create derivative works based on the Service;
• (c) duplicate, copy, reproduce, sell, transfer, distribute, or make the Service or any copies thereof available to any other party;
• (d) alter, obscure, or remove any copyright notices, trademarks, or other proprietary notices displayed on or within the Service;
• (e) attempt to gain unauthorized access to any part or feature of the Service, or bypass, avoid, or circumvent any restrictions, security measures, or protective features of the Service;
• (f) test, probe, or scan the vulnerability of the Service or breach any authentication measures;
• (g) interfere with the proper working of the Service, including, without limitation, by overloading or the use of viruses or malicious code;
• (h) use robots, spiders, scrapers, crawlers, or any automated means to access, extract, or index the Service, or use any data-mining or extraction methods in relation to the Service;
• (i) copy, distribute, clone, or index any of the Service's content without our express prior written consent;
• (j) upload content that is violent, sexually explicit, unlawful, harmful, threatening, abusive, defamatory, discriminatory, or that promotes hatred, harassment, or harm against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic;
• (k) upload content that is deceptive, false, misleading, or fraudulent;
• (l) upload images of individuals without their lawful consent;
• (m) make the Service available to multiple users through a single account;
• (n) use the Service or any part of it to create or market any product or service that competes with the Service; or
• (o) use any data collected from the Service for machine learning, artificial intelligence, or model training purposes without our express prior written consent.

10. Use of Artificial Intelligence

10.1. The Service includes features powered by artificial intelligence ("AI"), including food image recognition, calorie estimation, nutrient analysis, and adaptive nutrition planning. These AI features are provided "as-is" and do not constitute medical, nutritional, or professional advice.

10.2. You are solely responsible for verifying the accuracy and suitability of any AI-generated output before relying on it.

10.3. You must not upload personal data such as facial images, biometric identifiers, identity documents, or medical records into AI-powered features. These features are designed for food-related content only.

10.4. We may block or remove content that violates this Section 10.

10.5. Any AI-powered functionality that simulates human behavior will include a clear disclosure in compliance with applicable laws.

11. Intellectual Property

11.1. We own and retain all intellectual property rights in and to the Service, including all related code, designs, content, trademarks, trade names, patents, and trade secrets (the "Intellectual Property"). You shall not at any time question, dispute, or challenge our ownership.

11.2. You agree not to use, register, or adopt any trademarks, trade names, or logos that are the same as or confusingly similar to ours; not to impair our rights in the Intellectual Property; and not to make any unauthorized use of or claim any rights in the Intellectual Property.

12. Copyright Infringement

12.1. If you believe that a copyrighted work has been infringed on or through the Service, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) to our designated agent at support@bodyfon.com or by writing to Copyright Agent, 5830 E 2nd St, Ste 7000 #31032, Casper, Wyoming 82609, United States. Your notice must include:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
• A description of the copyrighted work and identification of the allegedly infringing material, with information sufficient to enable us to locate it.
• Your contact information (address, telephone number, email).
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

12.2. If you believe that your content was removed as a result of a mistake or misidentification, you may send us a written counter-notification to support@bodyfon.com or to Copyright Agent, 5830 E 2nd St, Ste 7000 #31032, Casper, Wyoming 82609, United States, including:

• Identification of the content that was removed and the location where it appeared prior to removal.
• A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification.
• A statement that you consent to the jurisdiction of the federal court in the district where your address is located (or, if outside the United States, any judicial district in which Bodyfon is located), and that you will accept service of process from the person who submitted the original infringement notice or their agent.
• Your physical or electronic signature, together with your contact information (name, address, telephone number, and email address).

12.3. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing.

13. Availability, Errors, and Inaccuracies

We may update the Service and its offerings from time to time. Information regarding the Service, including descriptions, features, and pricing, may contain errors or inaccuracies, and the Service may be temporarily unavailable. We cannot and do not guarantee the accuracy or completeness of any information provided through the Service. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

14. "As Is" and "As Available" Disclaimer

YOU AGREE THAT SOFTWARE AND MOBILE APPLICATIONS ARE NOT ERROR-FREE. YOU USE THE SERVICE SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, UNINTERRUPTED USE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE WITH ANY OTHER SOFTWARE OR SYSTEMS, OR OPERATE WITHOUT INTERRUPTION OR ERROR. THIS DISCLAIMER DOES NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

15. Limitation of Liability and Indemnity

15.1. TO THE EXTENT NOT PROHIBITED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE PRECEDING 12 MONTHS, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100). THIS SECTION SHALL NOT LIMIT YOUR INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTIONS 8.8 AND 15.3 OF THESE TERMS.

15.2. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY. THIS SECTION SHALL NOT LIMIT YOUR INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTIONS 8.8 AND 15.3 OF THESE TERMS.

15.3. WITHOUT LIMITING SECTION 8.8, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BODYFON, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

15.4. YOU AGREE THAT IF INCORRECT DATA IS CAPTURED USING THE SERVICE, OR IF DATA IS CAPTURED INCORRECTLY, THE RESULTS GENERATED BY THE SERVICE WILL BE INCORRECT. WE SHALL NOT BE RESPONSIBLE FOR INCORRECT DATA CAPTURED, OR DATA CAPTURED INCORRECTLY, USING THE SERVICE.

16. Application Stores and Distribution Platforms

If you downloaded the Application from a Services Provider (e.g., Apple App Store), you agree and acknowledge that:

• (a) These Terms are between you and us, not with your Services Provider. We, not the Services Provider, are solely responsible for the Service.
• (b) The Services Provider has no obligation to furnish maintenance or support for the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify the Services Provider for a refund of the purchase price (if applicable). To the maximum extent permitted by law, the Services Provider has no other warranty obligation. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
• (c) The Services Provider is not responsible for addressing any claims relating to the Service or your possession and use of it, including product liability, legal compliance, or intellectual property claims. In the event of any third-party claim that the Service or your possession and use of it infringes a third party's intellectual property rights, we, not the Services Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• (d) The Services Provider and its affiliates are third-party beneficiaries of these Terms and may enforce them against you.
• (e) You must comply with applicable third-party terms of service when using the Service.
• (f) You represent and warrant that you are not located in a region subject to a U.S. Government embargo or designated as a "terrorist supporting" region, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

17. Dispute Resolution and Binding Arbitration

17.1. In the event of any dispute between you and us, send a written notice of dispute to support@bodyfon.com with your name, address, contact details, a description of the dispute, and the outcome you seek. Both parties agree to attempt to resolve any dispute informally for 60 days after receipt of a notice of dispute.

17.2. IF THE DISPUTE IS NOT RESOLVED INFORMALLY, YOU AND BODYFON AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.

17.3. ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND BODYFON ARISING FROM OR RELATING TO THE SERVICE OR YOUR USE OF THE SERVICE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER THE FEDERAL ARBITRATION ACT ("FAA").

The following provisions apply to the arbitration:

• The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Section 17. The FAA will govern the interpretation and enforcement of this Section 17.
• A neutral arbitrator will decide the dispute, and the arbitrator's decision will be final except for a limited right of review under the FAA. The arbitrator will have exclusive authority to resolve any dispute relating to the arbitrability and/or enforceability of the arbitration provisions in these Terms, including any unconscionability challenge or any other challenge that an arbitration provision is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
• The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
• If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees.

17.4. Notwithstanding the foregoing, either party may elect to pursue a claim in small claims court rather than through arbitration, provided the claim falls within the jurisdiction of the small claims court and remains on an individual (non-class, non-representative) basis.

17.5. You may opt out of this arbitration agreement by providing us with written notice to support@bodyfon.com within 30 days of first using the Service. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in court in accordance with Section 18. Your opt-out will not affect any other provisions of these Terms.

17.6. YOU AGREE TO ARBITRATION ON AN INDIVIDUAL BASIS. NEITHER YOU NOR BODYFON WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS, OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

17.7. If your dispute notice involves claims similar to those of at least 14 other users represented by the same or coordinating lawyers, you and we agree that these are "Related Cases" and the AAA's Mass Arbitration Supplementary Rules will apply. Related Cases may only be filed in batches of up to 30 individual arbitrations at a time, with each side selecting up to 15 cases per batch. This batched process continues until all Related Cases are resolved. A court of competent jurisdiction has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph.

17.8. The term "dispute" will have the broadest possible interpretation and includes any claim or controversy regarding these Terms, the Service, pricing, your use of the Service, your account, marketing, communications, or billing, under any legal theory, except disputes relating to the enforcement or validity of our intellectual property rights, which may be brought in any court of competent jurisdiction.

18. Governing Law and Jurisdiction

18.1. These Terms, and all claims or defenses based on, arising out of, or related to them or the relationship of the parties created by them, whether sounding in contract, tort, law, equity, or otherwise, shall be governed by and construed in accordance with the internal laws of the State of Wyoming, including its statute of limitations, without reference to its choice of law rules and excluding the UN Convention on Contracts for the International Sale of Goods.

18.2. For any dispute not subject to binding arbitration, you agree to submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in Wyoming. We reserve the right to bring any suit, action, or proceeding against you in your country of residence or any other relevant jurisdiction.

18.3. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of the country where you habitually reside.

19. Termination

19.1. These Terms become binding when you commence any use of the Service and remain in effect until terminated.

19.2. We may suspend or terminate your access at any time, immediately and without prior notice, if you breach these Terms or interact with the Service in any illegal, unlawful, or unauthorized manner.

19.3. Upon termination, all rights granted to you immediately cease. Uninstalling or deleting the Application does not entitle you to any refund.

19.4. In the event that we discontinue the Service, we will provide reasonable advance notice (no less than 30 days where practicable) and make available a mechanism for you to export your data before the Service is shut down.

20. Third-Party Services and Links

The Service may contain links or integrations with third-party websites, services, or content. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services. Your use of any third-party service is at your own risk and subject to that third party's terms.

21. Privacy

We collect Personal Data through and in connection with your use of the Service. Please see our Privacy Policy at bodyfon.com/privacy for information regarding the collection, use, disclosure, and processing of your Personal Data. The Privacy Policy forms an integral part of these Terms and is expressly incorporated herein.

22. Updates, Enhancements, and Support

22.1. Although you may receive access to updates, enhancements, upgrades, or new versions of the Service, you have no general right to them. These are made available in our sole discretion, and we have no obligation to provide them.

22.2. You have no general right to support. We may, in our discretion, make support available through tutorials, in-app help, online content, or email.

23. Changes to These Terms

We may amend these Terms from time to time. Updates become effective when posted. Material changes will be announced through reasonable notice (e.g., email or in-app notification). By continuing to use the Service after changes are posted, you agree to be bound by the updated Terms.

24. Miscellaneous

24.1. These Terms constitute the entire agreement between you and us regarding your use of the Service. We shall not be bound by, and you shall not have any claim or right of action arising from, any express or implied term, representation, warranty, promise, or the like that is not included or recorded in these Terms. These Terms apply in addition to any applicable terms imposed by Apple, Google, or any other Services Provider.

24.2. You shall have no right to rely on any amendment of these Terms unless such amendment is posted by us in accordance with Section 23.

24.3. If we fail to enforce a right or provision of these Terms, such failure shall not constitute a waiver of such right or provision.

24.4. You shall not, without our prior written consent, transfer to any other party any of your rights or obligations under these Terms.

24.5. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect. If any arbitration provision is found unenforceable, the unenforceable provision will be severed and the remaining arbitration provisions will be enforced.

24.6. We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, internet or telecommunications failures, cyberattacks, or third-party service outages.

25. Contact Us

If you have questions about these Terms, you may contact us:

Bodyfon LLC
5830 E 2nd St, Ste 7000 #31032
Casper, Wyoming 82609, United States

Email: support@bodyfon.com

Website: bodyfon.com