Terms of Service

1. Introduction and Agreement

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and SYMBIOTE FITNESS LTD ("Company," "we," "us," or "our"), a company registered in England and Wales (Company Number: 16649354), concerning your access to and use of the Symbiote Fitness mobile application and related services (collectively, the "Service").

• Privacy Policy: Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
• Acceptance: By accessing or using the Service, you agree that you have read, understood, and agreed to be bound by all of these Terms.

2. Important Medical Disclaimer

Symbiote Fitness provides this application for informational, educational, and recreational purposes only. The content is NOT intended to be a substitute for professional medical advice, diagnosis, or treatment.

By using Symbiote Fitness, you acknowledge and agree that:

• Consult Your Physician: You should always consult with a physician, General Practitioner (GP), or other qualified healthcare provider before beginning any new exercise program, diet plan, or supplement routine. This is particularly important if you:
  • Are pregnant or nursing
  • Have a history of heart disease, high blood pressure, or diabetes
  • Have a history of eating disorders
  • Have any chronic or recurring physical injuries
  • Are taking any prescription medications
• Assumption of Risk: Participation in exercise activities involves a risk of physical injury. By using Symbiote Fitness, you voluntarily agree to assume all liability and risk of injury, illness, or death that may result from your participation in our workouts or advice.
  • Form & Technique: Animations are for visual guidance only. You are responsible for ensuring correct form.
  • Intensity: If you experience faintness, dizziness, pain, or shortness of breath, stop immediately.
• Not a Medical Device: The App, including its AI Chatbot, Physique Analysis, and Calorie Tracker, is not a medical device under MHRA or FDA definitions. It is not intended to diagnose, treat, cure, or prevent any disease.
• Emergency: If you think you have a medical emergency, call your doctor or emergency services (999 in UK, 911 in US) immediately.
• No Doctor-Patient Relationship: Using the App does not create a healthcare provider relationship with Symbiote Fitness Ltd.
• Eating Disorders: If using the App causes distress or anxiety, stop using it. The App is not suitable for individuals with active eating disorders. We strongly recommend supervision by a medical professional in such cases.

3. Accounts and Eligibility

• Eligibility: You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account at joel@symbiotefitness.com.
• Truthfulness: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.
• One Account: You may create only one account for personal use. Sharing your account with multiple users is prohibited.

4. Privacy and Data Use

• Privacy Policy: Your use of the Service is subject to our Privacy Policy, which is hereby incorporated by reference. By using the App, you acknowledge and agree to the collection, storage, and processing of your data as described therein.
• Security Risks: You acknowledge that while we implement security measures (including encryption), no transmission of information over the internet is completely secure. You accept the inherent risk of using online services and agree that we are not liable for unauthorized access or data breaches beyond our reasonable control.
• Aggregated Data: You agree that we may de-identify and aggregate your data (stripping it of personal identifiers) and use such anonymized data for research, product improvement, and benchmarking indefinitely.
• Data Transfer: By using the App, you consent to the transfer and processing of your data in the UK, EU, U.S., or other jurisdictions as required for the provision of the Service.

5. Artificial Intelligence (AI) Disclosure

5.1 Nature of the Technology

Our Service utilizes Generative AI (Large Language Models) and Computer Vision technologies to power features such as Food Scanning, Physique Analysis, and Chatbot Coaching. These services are provided by third-party partners, including Amazon Web Services (Amazon Bedrock) and Anthropic (Claude).

By using these features, you acknowledge that you are interacting with a machine learning algorithm, not a human.

5.2 Critical Warning: No Medical Advice ("Human in the Loop")

• Not a Diagnosis: The AI Physique Analysis provides estimates of body fat percentage and muscle symmetry based on visual data. It is not a clinical scan (like a DEXA scan) and cannot diagnose medical conditions, skin issues, hormonal imbalances, or musculoskeletal disorders.
• User Verification: You act as the "Human in the Loop." You must verify all AI-generated advice. If the AI suggests a workout weight or a calorie limit that feels unsafe, do not follow it.
• Allergens & Nutrition: The AI Food Scanner may misidentify foods or miss hidden ingredients (e.g., recognizing a cookie but missing the nuts inside). You are solely responsible for verifying nutritional data, especially if you have allergies.

5.3 Potential for Error ("Hallucinations")

Generative AI is an experimental technology that can occasionally produce "hallucinations"—confident-sounding but factually incorrect information. The App may occasionally generate incorrect information regarding calorie counts, nutritional values, or body composition analysis. You release Symbiote Fitness Ltd from liability for errors or inaccuracies generated by the AI.

5.4 AI Coach Personalities

The AI Chatbot allows for different "Coach Types". Please be aware that some modes are designed to be abrasive and demanding. This is a simulated persona for motivation; it does not reflect genuine hostility or abuse.

5.5 AI Data Privacy (No Public Training)

To function, your text inputs and uploaded photos are securely transmitted to our AI processors (AWS Bedrock). We utilize enterprise agreements ensuring your personal data and photos are NOT used to train the public models of our AI providers. Your body photos remain private to your account analysis.

6. Purchases, Cancellations, and Refunds

6.1 App Store Subscriptions

Our Service is available via the Apple App Store and Google Play Store. All billing, subscriptions, and financial transactions are handled by the respective App Store provider in accordance with their terms.

• Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle (monthly or annually) unless you cancel it at least 24 hours before the expiry date.
• Billing: Payment is charged to your Apple ID or Google Play account at the confirmation of purchase.

6.2 Cancellations

You may cancel your subscription at any time. We cannot cancel the subscription for you. You must do this through your device settings:

• iOS (Apple): Settings > Apple ID > Subscriptions > Symbiote Fitness > Cancel.
• Android (Google): Google Play Store > Profile > Payments & subscriptions > Subscriptions > Symbiote Fitness > Cancel.

Canceling stops future payments but does not trigger an automatic refund for the current period. Access to premium features continues until the billing cycle ends.

6.3 Refunds

Because Symbiote Fitness is a digital product, refund policies are determined by the platform you used to pay:

• Apple (iOS): Symbiote Fitness Ltd cannot process refunds for iOS purchases. You must request a refund directly via reportaproblem.apple.com. Apple typically grants refunds within 14 days for UK/EU customers, but this is at their sole discretion.
• Google (Android): You may request a refund via the Google Play Store within 48 hours. After 48 hours, if the App is technically defective, please contact us at joel@symbiotefitness.com. We review these requests on a case-by-case basis.

6.4 UK/EU Statutory Rights (Right of Withdrawal)

Under the Consumer Contracts Regulations 2013, UK/EU consumers typically have a 14-day right to cancel a distance contract. However, this right operates differently for digital content. By purchasing a subscription and immediately accessing premium features (e.g., using the AI Scanner or uploading a photo), you:

1. Expressly consent to the immediate supply of the digital content; and
2. Acknowledge that once access begins, you lose your right to the 14-day cooling-off period.

6.5 Defective Content (UK Consumer Rights Act 2015)

If the App is digitally defective (e.g., it consistently crashes or fails to launch), you are entitled to a repair or replacement. As stated in Section 5, AI "hallucinations" or minor inaccuracies are a known limitation of the technology and do not constitute defective content, provided the service generally functions as described.

7. User Content & Physique Photos (Biometric Consent)

A core feature of Symbiote Fitness is the ability to upload photos of your body for "AI Physique Analysis." Because these images reveal information about your health and physiology, they are classified as "Special Category Data" under GDPR.

7.1 License Grant and Ownership

• Ownership: You retain ownership of your photos. We do not claim ownership of your user content.
• License: By uploading photos, you grant Symbiote Fitness a worldwide, non-exclusive, royalty-free license to access, store, and process your photos solely for the purpose of providing the analysis features (estimating body composition, body fat percentage, and muscle symmetry) and helping you track visual progress.

7.2 Strict Decency & Safety Rules

To ensure a safe environment and compliance with App Store policies, you agree to the following strict rules:

• NO NUDITY: You must wear appropriate undergarments, swimwear, or gym attire. Genitalia must be fully covered.
• NO SEXUAL CONTENT: Poses must be neutral and for fitness analysis purposes only. Suggestive or sexually explicit content is strictly prohibited.
• YOUR BODY ONLY: You must only upload photos of yourself. Do not upload photos of other people.
• Consequences: If our AI filters detect explicit nudity or violations of these rules, your account may be immediately suspended or banned.

7.3 Biometric Data Processing Consent

By using the Physique Analysis feature, you explicitly consent to the processing of your biometric data for fitness analysis.

• Automated Processing: Your photos are analyzed by automated AI systems (Amazon Bedrock/Anthropic) to generate fitness insights. They are not routinely viewed by human moderators unless a safety flag is triggered.
• Right to Withdraw: You can withdraw consent at any time by deleting your photos from your User Profile history or opting out in the Settings menu.

8. Prohibited Activities

The App is for personal, non-commercial use only. You may not access or use the Service for any purpose other than that for which we make the Service available. Prohibited activities include:

• Systematically retrieving data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory (scraping).
• Reverse engineering, decompiling, or disassembling the App.
• Using the AI Chatbot to generate illegal, harmful, or fraudulent content.
• Any form of malicious use, including spreading viruses or interfering with Service security.

Violations may result in account removal, suspension, or legal action.

9. Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

"SYMBIOTE FITNESS" and the Symbiote Fitness logo are trademarks of Symbiote Fitness Ltd.

10. Disclaimers

11. Limitation of Liability

12. Indemnification

You agree to defend, indemnify, and hold harmless Symbiote Fitness Ltd, its directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from:

1. Your use of and access to the Service;
2. Your violation of any term of these Terms of Service;
3. Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
4. Any claim that your content caused damage to a third party.

13. Modifications and Termination

• Termination: You may delete your account anytime. We may suspend or terminate your account for violations of these Terms, fraudulent activity, security risks, or at our discretion without notice.
• Effect of Termination: Upon termination, your access ends and data may be deleted (subject to retention obligations). Sections on IP, disclaimers, liability, and dispute resolution survive termination.
• Changes to Terms: We reserve the right to modify these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to use the Service after revisions become effective, you agree to be bound by the revised terms.

14. Dispute Resolution

14.1 Governing Law

• If you reside in the UK or EU: These Terms are governed by English law, and the courts of England and Wales have jurisdiction.
• If you reside in the U.S. or elsewhere: These Terms are governed by Delaware law and the Federal Arbitration Act.

14.2 Informal Resolution

Before filing a claim, you agree to email joel@symbiotefitness.com with a written description of the dispute. We will attempt to resolve the matter in good faith for 60 days.

14.3 Arbitration (U.S. Users Only)

U.S. users agree to resolve disputes through binding individual arbitration, not court, except for: (i) small-claims matters; (ii) IP disputes; and (iii) injunctive relief.

• Arbitration Rules: Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Wilmington, Delaware, before one neutral arbitrator.
• Fees: Each side pays its own attorneys' fees. We cover AAA fees for claims under $10,000.
• CLASS ACTION WAIVER: Disputes must be resolved individually only. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
• JURY TRIAL WAIVER: You waive your right to a jury trial.
• Opt-Out: You may opt out of this arbitration agreement by sending written notice to joel@symbiotefitness.com within 30 days of first accepting these Terms, stating: "I opt out of the arbitration agreement."

15. General Provisions

• App Store Terms: If downloaded via Apple App Store or Google Play, these Terms are between you and Symbiote Fitness Ltd, not Apple or Google. Apple and Google are third-party beneficiaries and may enforce these Terms.
• Entire Agreement: These Terms and the Privacy Policy form the full agreement between you and us.
• Severability: If any provision of these Terms is found to be unenforceable, that provision is modified to the extent necessary to make it enforceable, or removed, and the rest of the Terms remain in effect.
• No Waiver: Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign these Terms; we may assign them without restriction.
• Force Majeure: We are not liable for delays or failures to perform resulting from causes beyond our reasonable control.
• Export Control: You must comply with all applicable export and sanctions laws.

16. Contact Us

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: