Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Fitness Tracker Chat ("the Service"), operated by Steven Miller Consulting, LLC ("we," "us," or "our"). By accessing or using our web application, mobile application, or any related services, you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or through in-app notifications. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

2. Description of Service

Fitness Tracker Chat is a health and wellness application that provides:

• Food and nutrition logging via photos and text descriptions
• Exercise and workout tracking
• Body measurement tracking
• AI-powered chat assistance for fitness and nutrition questions
• Photo analysis for food identification and calorie estimation
• Meal and exercise predictions based on your historical data
• Progress tracking and analytics

3. Account Registration and Eligibility

Age Requirement: You must be at least 16 years of age to use the Service. By creating an account, you represent and warrant that you meet this age requirement.

Account Creation: You may create an account using Google OAuth authentication. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Accurate Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

One Account Per Person: You may only create and maintain one account. Creating multiple accounts may result in termination of all your accounts.

4. Subscription and Payment Terms

The Service offers both free and paid subscription tiers:

• Free Tier: Basic access to food logging, exercise tracking, and limited AI features.
• Pro Tier ($9.99/month): Full access to all features including unlimited AI chat, advanced analytics, meal predictions, and priority support.

Free Trial: New Pro subscribers receive a 1-month free trial. You may cancel at any time during the trial period without charge.

Billing: Subscription fees are billed monthly in advance. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis.

Cancellation: You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. No refunds will be provided for partial months.

Price Changes: We reserve the right to change subscription prices. We will provide you with at least 30 days' notice before any price increase takes effect.

5. User Content and Data Rights

Your Content: You retain all rights to the content you submit to the Service, including food logs, exercise data, photos, measurements, and chat messages ("User Content").

License to Us: By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service.

Data Ownership: Your personal data belongs to you. You may request a copy of your data or request deletion of your account and associated data at any time.

Anonymized Data: We may use anonymized, aggregated data that does not identify you personally for analytics, research, and service improvement purposes.

6. Health, AI, and Safety Disclaimer

The Service is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition.

7. Acceptable Use Policy

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Upload false, misleading, or fraudulent information
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems or bots to access the Service without authorization
• Upload content that infringes on intellectual property rights
• Upload malicious code, viruses, or harmful software
• Harass, abuse, or harm other users
• Attempt to reverse engineer or extract source code from the Service

8. Third-Party Services

The Service integrates with and relies upon the following third-party services:

• Google: For OAuth authentication and account sign-in
• OpenAI: For AI chat features, food photo analysis, and natural language processing
• Supabase: For database storage and file hosting
• Vercel: For application hosting and delivery

Your use of the Service is also subject to the terms and privacy policies of these third-party providers. We are not responsible for the practices of third-party services.

9. Intellectual Property

Our Property: The Service, including its design, features, functionality, graphics, and content (excluding User Content), is owned by Steven Miller Consulting, LLC and is protected by copyright, trademark, and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes in accordance with these Terms.

Trademarks: "Fitness Tracker Chat" and related logos are trademarks of Steven Miller Consulting, LLC. You may not use our trademarks without prior written permission.

10. Copyright and DMCA Policy

We respect the intellectual property rights of others. If you believe that any content on the Service infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
• Your contact information, including address, telephone number, and email address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Please send DMCA notices to: support@fitnesstrackerchat.com

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Any defects will be corrected
• The results obtained from using the Service will be accurate or reliable
• The Service will meet your specific requirements

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STEVEN MILLER CONSULTING, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, use, goodwill, or other intangible losses
• Any damages resulting from your reliance on AI-generated content or recommendations
• Any health outcomes or consequences resulting from your use of the Service

Our total liability to you for all claims arising from or relating to the Service shall not exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless Steven Miller Consulting, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any User Content you submit

14. Termination

Termination by You: You may terminate your account at any time by deleting your account through the Service settings or by contacting us at support@fitnesstrackerchat.com.

Termination by Us: We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including if we reasonably believe you have violated these Terms.

Effect of Termination: Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

15. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

Dispute Resolution: Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiations. If such negotiations fail, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Ohio, and the arbitrator's decision shall be binding and enforceable in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

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

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17. Contact Information