PhysiqueAI Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of PhysiqueAI's website, mobile application, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

Eligibility

Age Requirements:

• United States: You must be at least 13 years old to use PhysiqueAI
• European Union: You must be at least 16 years old to use PhysiqueAI
• Other jurisdictions: You must meet the minimum age requirements in your country

By using the Service, you represent and warrant that you meet the age requirements and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Account Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials and not share them with others
• Promptly update your information if it changes
• Accept responsibility for all activity that occurs under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or for any reason at our discretion.

Description of Service

PhysiqueAI provides AI-powered body composition analysis based on photographs you submit. The Service estimates metrics such as body fat percentage, muscle mass, lean mass, and fat mass using artificial intelligence technology.

Acceptable Use Policy

You agree not to use the Service to:

• Upload unauthorized content: Upload images of anyone other than yourself without their explicit written consent
• Upload illegal content: Upload images depicting minors, illegal activities, or content that violates any laws
• Reverse engineer: Attempt to reverse-engineer, decompile, or extract source code from the Service
• Automated access: Use automated tools, bots, or scripts to access the Service without authorization
• Circumvent security: Bypass rate limits, security measures, or access controls
• Share credentials: Share your account credentials or allow others to access your account
• Illegal use: Use the Service for any illegal purpose or in violation of any laws
• Harmful behavior: Harass, abuse, or harm others, or engage in discriminatory behavior
• Malicious content: Upload malicious files, viruses, or harmful code
• Service disruption: Use the Service in any way that could damage, disable, or impair the Service or interfere with other users
• Commercial use: Use the Service for commercial purposes without our written permission (e.g., offering body analysis services to third parties)

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

User Content and License

You retain ownership of any content (including photos) you submit to the Service ("User Content"). By submitting User Content, you grant PhysiqueAI a limited, non-exclusive, royalty-free license to:

• Process, store, and analyze your content to provide the Service
• Use anonymized, aggregated data derived from your content to improve our AI models and Service (this data cannot be used to identify you)

You represent and warrant that you own or have the necessary rights to submit User Content and that your content does not violate any third-party rights or applicable laws.

Intellectual Property

The Service, including its design, features, content, and underlying technology (excluding User Content), is owned by PhysiqueAI and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our written permission. The PhysiqueAI name, logo, and related marks are trademarks of PhysiqueAI. You may not use these marks without our prior written consent.

Disclaimer of Warranties

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
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF RESULTS
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

You assume all risk for your use of the Service. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless PhysiqueAI and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any User Content you submit.

Termination

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination: (a) your right to use the Service will immediately cease; (b) we may delete your account and data subject to our data retention policy; and (c) any provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Dispute Resolution

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@usephysiqueai.com. We will attempt to resolve the dispute informally within 60 days.

Arbitration Agreement

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver

You agree that any arbitration will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found unenforceable, then the entirety of the arbitration agreement shall be null and void.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PhysiqueAI regarding the Service and supersede all prior agreements and understandings.