Terms of Service

Last Updated: December 5, 2024
Effective Date: December 5, 2024

Welcome to MetriMind These Terms of Service ("Terms") govern your use of the MetriMind mobile application and website (the "Service"). By creating an account and using our Service, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

1. Acceptance of Terms

By accessing or using MetriMind, you agree to:

These Terms of Service
Our Privacy Policy
Any additional terms applicable to specific features

You represent that you are:

At least 13 years old (or 16 in the EU)
Legally capable of entering into binding contracts
Authorized to use the Service

2. Description of Service

MetriMind is a fitness and nutrition coaching application powered by artificial intelligence (NurtiaAi). Our Service includes:

AI Fitness Coach: Personalized workout plans, nutrition guidance, and progress tracking
Workout Management: Exercise library, workout logging, and performance tracking
Nutrition Tracking: Meal logging, calorie/macro tracking, water intake monitoring
Progress Analytics: Body measurements, progress photos, achievement tracking
Premium Features: Advanced AI coaching, unlimited AI interactions, and premium tools (subscription required)

Important: MetriMind is a health and fitness tool, not a medical device or professional medical advice service. Always consult with a qualified healthcare provider before starting any fitness or nutrition program.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing:

A valid email address
A secure password (minimum 8 characters, including uppercase, number)
Basic profile information (name, age, gender, fitness goals)

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your password
All activities that occur under your account
Notifying us immediately of any unauthorized access

We are not liable for any loss or damage from your failure to protect your account credentials.

3.3 Account Accuracy

You agree to provide accurate, current, and complete information and to update it as necessary. We reserve the right to suspend or terminate accounts with false or misleading information.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You SHALL NOT:

4.1 Prohibited Activities

Violate any local, state, national, or international law
Impersonate any person or entity, or misrepresent affiliation
Upload or transmit viruses, malware, or harmful code
Attempt to gain unauthorized access to our systems or other users' accounts
Scrape, data mine, or harvest content from the Service
Use automated systems (bots) to access the Service
Reverse engineer, decompile, or disassemble the app

4.2 Content Restrictions

Post offensive, abusive, discriminatory, or inappropriate content
Share explicit, violent, or illegal content
Spam, advertise, or promote third-party services without permission

4.3 Enforcement

We reserve the right to investigate violations and take action, including:

Suspending or terminating your account
Removing prohibited content
Reporting illegal activities to law enforcement

5. Subscription and Payments

5.1 Free and Premium Plans

MetriMind offers both free and premium subscription plans:

Free Plan: Limited AI interactions (10 per day), basic features
Premium Plan: Unlimited AI interactions (50 per day), advanced features, priority support

5.2 Billing and Payments

Subscriptions are processed through RevenueCat and third-party payment platforms (Google Play, Apple App Store)
You authorize us to charge your payment method on a recurring basis (monthly or annual)
Prices are subject to change with 30 days' notice
All fees are non-refundable except as required by law

5.3 Automatic Renewal

Your subscription will automatically renew unless you cancel at least 24 hours before the renewal date. You can manage your subscription through your app store account settings.

5.4 Cancellation and Refunds

You may cancel your subscription at any time
Upon cancellation, you retain premium access until the end of the current billing period
Refunds are not provided for partial subscription periods, except as required by law or at our sole discretion

6. Intellectual Property

6.1 Our Ownership

All content, features, and functionality of the Service, including but not limited to:

Software code, design, graphics, logos
Exercise database, workout plans, meal suggestions
NurtiaAi algorithms and AI responses
Text, images, videos, and other materials

are the exclusive property of MetriMind or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

Access and use the Service for personal, non-commercial purposes
Download and use the mobile app on your personal devices

You may NOT:

Reproduce, distribute, modify, or create derivative works
Sell, rent, lease, or sublicense the Service
Remove or alter any copyright or proprietary notices

6.3 User Content

You retain ownership of content you submit (fitness logs, photos, chat messages). By using the Service, you grant us a worldwide, royalty-free license to:

Use, store, and process your content to provide the Service
Analyze anonymized data for app improvement and research

We do NOT claim ownership of your personal content.

7. Health and Medical Disclaimers

IMPORTANT: READ CAREFULLY

7.1 Not Medical Advice

MetriMind and NurtiaAi provide general fitness and nutrition information for educational purposes. We do NOT:

Provide medical, therapeutic, or diagnostic advice
Replace professional healthcare providers
Treat, cure, or prevent any disease or medical condition

7.2 Consult Healthcare Professionals

Before starting any fitness or nutrition program, consult with:

A licensed physician or healthcare provider
A certified fitness trainer or nutritionist
A specialist if you have pre-existing health conditions

7.3 Assumption of Risk

Physical exercise and dietary changes involve inherent risks, including but not limited to:

Injury, muscle strain, or soreness
Allergic reactions to foods
Adverse health events

YOU ASSUME ALL RISKS associated with using our recommendations. Stop immediately and seek medical attention if you experience:

Chest pain, dizziness, or shortness of breath
Severe pain or discomfort
Allergic reactions or digestive issues

7.4 No Guarantees

We do NOT guarantee:

Specific fitness results or weight loss
Accuracy of AI-generated advice
Suitability for your individual health needs

Results vary based on individual factors, adherence, and lifestyle.

8. AI-Generated Content Disclaimer

8.1 AI Limitations

NurtiaAi is powered by Google Gemini AI and machine learning algorithms. While we strive for accuracy, AI-generated advice:

May contain errors, inaccuracies, or outdated information
Is based on general fitness principles, not your medical history
Should be used as a guide, not a substitute for professional coaching

8.2 User Discretion

You are responsible for:

Evaluating AI recommendations before following them
Adjusting advice to your personal capabilities and limitations
Seeking professional guidance for complex or medical concerns

9. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

Warranties of merchantability, fitness for a particular purpose, or non-infringement
Accuracy, reliability, or availability of the Service
Freedom from errors, bugs, or interruptions

10.2 Limitation of Liability

IN NO EVENT SHALL METRIMIND, ITS OWNERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR:

Indirect, incidental, consequential, or punitive damages, including lost profits, data loss, or injury
Direct damages exceeding the amount you paid to us in the 12 months prior to the claim
Damages arising from: unauthorized access, service interruptions, third-party conduct, or reliance on AI-generated content

10.3 Exceptions

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such cases, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless MetriMind, its officers, directors, employees, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

Your use or misuse of the Service
Violation of these Terms or any law
Infringement of third-party rights
Your negligence or willful misconduct

12. Third-Party Services and Links

12.1 Third-Party Integrations

The Service may integrate with third-party services (e.g., Google Fit, Apple Health, payment processors). We are not responsible for:

The availability, accuracy, or content of third-party services
Your interactions with third parties
Third-party privacy practices or terms

12.2 Links to External Sites

Our Service may contain links to external websites. We do not endorse or control these sites and are not liable for their content or practices.

13. Termination

13.1 Your Right to Terminate

You may terminate your account at any time by:

Using the in-app "Delete Account" feature
Contacting us at founder@metrimind.com

Account deletion will result in permanent loss of your data.

13.2 Our Right to Terminate

We may suspend or terminate your account, with or without notice, if:

You violate these Terms
We suspect fraudulent or illegal activity
Continued operation poses a security or legal risk
We discontinue the Service (with 30 days' notice)

13.3 Effect of Termination

Upon termination:

Your access to the Service will cease
You remain liable for any outstanding fees
Provisions related to liability, indemnification, and disputes survive termination

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of [Your Country/State - Update This], without regard to conflict of law principles.

14.2 Informal Resolution

Before filing a legal claim, you agree to contact us at founder@metrimind.com to attempt informal resolution for at least 30 days.

14.3 Arbitration (Optional - Update Based on Your Jurisdiction)

Any disputes not resolved informally may be subject to binding arbitration under [Arbitration Body], unless prohibited by law. You waive your right to a jury trial or class action lawsuit.

14.4 Exceptions

Nothing prevents you or us from seeking injunctive relief or legal remedies for:

Intellectual property infringement
Breach of confidentiality
Violation of acceptable use policies

15. Changes to Terms

We may update these Terms from time to time to reflect:

Changes in our Service or business practices
Legal or regulatory requirements

15.1 Notification

We will notify you of significant changes by:

Posting the updated Terms in the app
Sending an email notification (if opted in)
Displaying an in-app notice

15.2 Acceptance

Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service and delete your account.

16. General Provisions

16.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and MetriMind regarding the Service.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force.

16.3 No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

16.4 Assignment

You may not transfer or assign your rights under these Terms. We may assign our rights to any successor or affiliate.

16.5 Force Majeure

We are not liable for delays or failures in performance due to causes beyond our reasonable control (e.g., natural disasters, cyberattacks, government actions).

17. Contact Information

If you have questions, concerns, or legal inquiries regarding these Terms, please contact us:

Email: founder@metrimind.com
Website: www.metrimind.ai/terms

By using MetriMind, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Thank you for choosing MetriMind. Let's achieve your fitness goals together! 💪