BodMax Terms and Conditions

1. Interpretation and Definitions

1.1 Interpretation

Capitalized terms have the meanings provided in this Section or otherwise defined in these Terms. The definitions apply whether terms appear in singular or plural form.

1.2 Definitions

• Affiliate means any entity that controls, is controlled by, or is under common control with the Company, where "control" means ownership of at least fifty percent (50%) of voting securities or equity interests.
• Application means the mobile application titled "BodMax," including all related features, AI tools, updates, content, and functionality.
• Company, We, Us, or Our means BodMax, Inc., a Delaware corporation.
• Device means any device capable of accessing the Service, including smartphones, tablets, or computers.
• Service means, collectively, the Application, Website, associated software, AI-powered physique analysis tools, image processing systems, and related services offered by the Company.
• User Content means any images, photographs, physique scans, text, metadata, or other content uploaded, submitted, or transmitted by You through the Service.
• Website means bodmax.ai and any associated subdomains.
• You means the individual using the Service or the legal entity on whose behalf the individual uses the Service.

2. Agreement to Terms

Your access to and use of the Service is conditioned upon Your acceptance of these Terms and the BodMax Privacy Policy. By accessing or using the Service, You acknowledge that You have read, understood, and agreed to be bound by these Terms. If You do not agree, You must discontinue use immediately.

3. Eligibility; Age Requirements

You represent and warrant that You are at least 13 years old.

If You are between 13 and 17 years old, You may only use the Service with the consent and supervision of a parent or legal guardian, who agrees to be responsible for all activities conducted using the Service.

4. Fitness, Health, and Safety Disclaimers

BodMax does not provide medical advice, diagnosis, treatment, or professional fitness coaching. All body fat estimates, physique ratings, muscle symmetry evaluations, and related insights are automated approximations generated by artificial intelligence systems.

• Body composition percentages are estimates only and may not be medically accurate.
• The Service is not intended to diagnose, treat, cure, or prevent any disease.
• You should consult qualified healthcare or fitness professionals before making health decisions.
• The Company is not liable for inaccuracies in physique analysis, body fat calculations, or recommendations.
• Use of the Service is at Your own risk.

5. User Content; License Grant

By submitting User Content, You represent and warrant that You own or have the necessary rights to upload such content.

You grant the Company a worldwide, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, analyze, process, modify, publish, create derivative works from, and otherwise utilize User Content to operate, maintain, improve, and develop the Service, including training and improving AI models.

When You upload photos for body analysis, You explicitly consent to the transmission of such photos and related data to third-party AI service providers for the purpose of generating analysis results. This consent is obtained when You choose to analyze a photo through the Application. The Company will only share Your User Content with third-party AI services after obtaining Your explicit consent, and such sharing is limited to what is necessary to provide the analysis functionality.

You agree not to upload content that is unlawful, abusive, infringing, misleading, or violates the rights of others.

6. Prohibited Uses

You agree not to:

• Upload violent, explicit, unlawful, or exploitative content
• Reverse engineer, decompile, or conduct competitive analysis of the Service
• Circumvent security protections or gain unauthorized access
• Upload images of individuals without proper consent
• Interfere with or disrupt the operation of the Service

7. Subscriptions, Billing, and In-App Purchases

Certain features of the Service may require payment or subscription.

Purchases and subscriptions are processed through third-party platforms such as the Apple App Store or Google Play Store. Their terms govern payment processing, renewals, cancellations, and refunds.

Subscriptions automatically renew unless cancelled at least 24 hours before the current billing period ends.

You are responsible for managing Your subscription through the applicable app marketplace.

8. Third-Party Services

The Service integrates with OpenAI, a third-party artificial intelligence service provider, to perform body composition analysis and physique evaluation. When You use the analysis features, Your photos and related data are transmitted to OpenAI with Your explicit consent.

The Company contracts with OpenAI, which is required to maintain data protection standards equal to or greater than those maintained by the Company. OpenAI is contractually obligated to process Your data solely for the purpose of providing analysis services to the Company and is prohibited from using Your data for their own purposes.

The Service may also integrate with or link to other third-party platforms, including social media or affiliate services. The Company does not control and is not responsible for third-party services, content, or policies, except as specifically set forth in these Terms regarding OpenAI.

9. Intellectual Property

All rights, title, and interest in and to the Service, excluding User Content, are owned exclusively by the Company or its licensors.

You may not copy, reproduce, distribute, modify, sell, sublicense, or reverse engineer any part of the Service without prior written consent.

10. Termination

The Company may suspend or terminate Your access at any time if You violate these Terms.

Upon termination, all rights granted to You under these Terms immediately cease.

11. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement.

12. Limitation of Liability

To the maximum extent permitted by law, the Company's total liability arising out of or related to the Service shall not exceed the greater of:

• The amount You paid to the Company in the preceding twelve months, or
• One hundred dollars (USD $100).

The Company shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, reputation, or goodwill.

13. DMCA Notice

If You believe Your copyrighted work has been infringed, You may submit a notice to the Company's designated copyright agent as described on the Website.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

You agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, except where arbitration applies.

15. Arbitration and Class Action Waiver

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association.

You waive the right to participate in class actions, collective actions, or representative proceedings.

16. Severability and Waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Failure to enforce any right does not constitute a waiver of that right.

17. Changes to These Terms

The Company may modify these Terms at any time. Material changes will be communicated through reasonable notice, such as updates within the Application.

Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

18. Contact Information

If You have questions about these Terms, You may contact Us at:

Email: support@bodmax.ai