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These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you") and Alliance AI ("Company," "we," "us," or "our") regarding your use of the FitPilot mobile application, its related website, and any associated services, features, or content (collectively, the "Service").

By accessing, downloading, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you are prohibited from using or accessing the Service.

1. Medical and Health Disclaimer

THE SERVICE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT, AND MUST NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WE ARE NOT A HEALTHCARE PROVIDER AND DO NOT PROVIDE MEDICAL SERVICES OR ADVICE.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, DIET, EXERCISE PROGRAM, OR HEALTH CONCERNS.

The personalized meal suggestions, fitness recommendations, nutritional information, and any data derived from third-party sources (like the FatSecret API) or artificial intelligence are for informational purposes only. They do not constitute medical advice, diagnosis, or treatment. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service, and we explicitly disclaim any liability for the accuracy of all nutritional data. YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK.

The Service does not endorse or recommend any specific products, services, procedures, opinions, or other information.

2. User Account and Responsibilities

2.1 Eligibility

The Service is intended for individuals who are at least 18 years of age. By using the Service, you represent and warrant that you are of legal age and have the capacity to enter into this agreement.

2.2 Account Registration and Security

To access certain features, you must create a user account. You agree to:

• Provide accurate, current, and complete information during registration and keep it updated.
• Maintain the confidentiality of your account password and are responsible for all activities that occur under your account.
• Immediately notify us of any unauthorized use of your account or any other breach of security.

The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations.

2.3 Accurate Information

The effectiveness of the Service's recommendations is dependent on the accuracy of the data you provide. You are solely responsible for ensuring the accuracy and completeness of all data you input, including food logs, biometric information, and exercise activities.

2.4 Administrative Role & Shared Content

Certain accounts may have elevated privileges to manage a shared meal database. You acknowledge that data you submit to this shared database is not considered personal and may be visible to and managed by designated administrative users.

3. Data Collection and Privacy

Your privacy is important to us. This section outlines the types of data we collect, why we collect it, and how it is used. All user data is stored securely. For more details on how we handle your data, please refer to our Privacy Policy (available on our website and incorporated herein by reference).

3.1 Personally Identifiable Information (PII) & Account Data

• Data Collected: We collect your email address and a unique user ID to create and manage your account.
• Purpose: This data is used for secure account creation, user identification, sign-in, and security.

3.2 Sensitive Personal & Health Data

• Data Collected: We collect data you provide directly, such as age, weight, height, gender, activity level, and dietary goals. We also collect your dietary preferences (e.g., vegetarian, vegan, gluten-free), allergies, health conditions, and any notes you provide. Additionally, we log historical records of your weight, water intake, exercise sessions, and fasting periods.
• Purpose: This data is essential for calculating personalized daily nutritional targets and tailoring meal suggestions to your specific needs, goals, and restrictions.

3.3 User-Generated Content & Activity Data

• Data Collected: We collect all food logs, custom food and recipe creations, and shopping list items that you create within the app.
• Purpose: This data powers the core tracking features of the app and is used to provide historical analysis and progress monitoring for you.

3.4 Device Permissions & Associated Data

• Camera Access: We may request camera access for features like barcode scanning and meal photo analysis. Images are processed but not stored long-term by our service unless necessary for feature improvement with your explicit consent.
• Microphone Access: We may request microphone access for the voice-to-text ingredient input feature. Audio snippets are sent for transcription and are not stored.
• Push Notifications: With your consent, we will use push notifications to send reminders for meals and motivational messages related to your goals.
• Health Platform Integration: If you choose to, our Service can integrate with platforms like Apple HealthKit or Google Fit. Our HealthService will request your permission to read and/or write health data (e.g., weight, calories, workouts) to and from your device's native health app to provide a seamless data-syncing experience.

3.5 Usage & Analytics Data

• Data Collected: We collect anonymized data on feature usage, user interactions, and app performance. This data is associated with a non-personally-identifiable user ID.
• Purpose: This data helps us to understand user behavior, identify issues, and improve the application's performance and features.

3.6 Third-Party Services

We utilize several third-party services that are essential to our app's functionality. By using the Service, you consent to the sharing of your data with these third parties as described below.

• Google Firebase: We use Google Firebase as our primary backend infrastructure for authentication, database (Firestore), and analytics. All user data is stored on Firebase servers, as detailed in our Privacy Policy.
• OpenAI: Our AI-driven features, such as meal photo analysis and recipe generation, are powered by OpenAI. By using these features, you consent to the sharing of the following data with OpenAI for processing:
  • Images: User-submitted photos of meals are sent for analysis.
  • Audio: User-recorded audio of ingredients is sent for transcription.
  • Text: User-provided text, including ingredients, dietary preferences, health conditions, and nutritional targets, is sent to generate personalized recipes and meal plans.
  Your data is processed by OpenAI as a third party, and their data usage policies apply.
• FatSecret Platform API: We use the FatSecret Platform API to provide the food and nutrition database for our food search and barcode scanning features. As a result, your search queries and barcode numbers are sent to their API for processing. As per our agreement with FatSecret, the Service displays an attribution to FatSecret.

3.7 User Data Rights

We are committed to protecting your data rights. Our Privacy Policy outlines your ability to manage your data, including the right to delete your account and all associated data. The Service also includes an export service that allows you to request and export your personal data at any time.

4. Subscription, Billing, and Payments

4.1 Subscription Terms

The Service may offer paid subscription plans with various features and durations. By purchasing a subscription, you agree to the payment terms in effect at the time of purchase.

4.2 Automatic Renewal

UNLESS YOU CANCEL YOUR SUBSCRIPTION, IT WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION PERIOD. We will bill the subscription fee to your payment method on file. You must cancel your subscription before it renews to avoid the next billing cycle.

4.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period. Payments are non-refundable, except as required by law. We reserve the right to change our subscription fees at any time, but we will provide you with prior notice before the changes take effect.

5. Intellectual Property Rights

5.1 Our Content

All content, features, and functionality of the Service, including software, text, graphics, logos, and the selection and arrangement thereof, are the exclusive property of Alliance AI or its licensors. As a user of the Service, you are granted a limited, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use only.

5.2 User Content (Custom Foods and Recipes)

You own all rights in and to the content you create, upload, or post on or through the Service ("User Content"), including any custom foods and recipes. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the operation, improvement, and promotion of the Service. This includes using your custom recipes to enhance our AI models and offer a better experience to all users.

5.3 Feedback

Any feedback, comments, or suggestions you provide to us about the Service ("Feedback") is entirely voluntary. You agree that we may use such Feedback without any obligation to you.

6. Copyright Infringement Policy (DMCA)

We respect the intellectual property rights of others. If you believe that any User Content on the Service infringes upon a copyright you own or control, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated 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 that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Your contact information, including address, telephone number, and an 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.

Our designated Copyright Agent can be reached at amathieu@princelobel.com.

7. Prohibited Conduct

You agree not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all your activity in connection with the Service. Prohibited activities include, but are not limited to:

• Using the Service for any illegal or unauthorized purpose.
• Uploading or transmitting viruses, worms, or any other malicious code.
• Interfering with the operation of the Service, its servers, or networks.
• Attempting to reverse engineer, decompile, or otherwise discover the source code of the Service.
• Scraping, crawling, or using any automated means to access, acquire, or copy any part of the Service's data.
• Impersonating another person or misrepresenting your affiliation with any person or entity.
• Harassing, abusing, or harming another person.
• Posting or transmitting any content that is defamatory, obscene, or infringes on the intellectual property rights of others.

8. Geographic Restrictions

The Service is based in the United States and is intended for use by residents of the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

9. Termination

9.1 Termination by You

You may terminate your account at any time by following the instructions within the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9.2 Termination by Company

We reserve the right to suspend or terminate your access to the Service, without prior notice or liability, for any reason whatsoever, including, without limitation, a breach of these Terms. Upon termination, your right to use the Service will immediately cease.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. WE EXPLICITLY DISCLAIM ANY AND ALL LIABILITY FOR DATA RECEIVED FROM THIRD-PARTY PLATFORMS SUCH AS APPLE HEALTHKIT OR GOOGLE FIT.

10.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALLIANCE AI, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICE. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

10.3 Indemnification

You agree to defend, indemnify, and hold harmless Alliance AI and its officers, 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 attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right; (iv) your negligent or willful misconduct; or (v) any claim that your User Content caused damage to a third party.

11. Dispute Resolution and Governing Law

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law principles.

11.2 Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising from or relating to the subject matter of these Terms shall be settled by binding arbitration in Atlanta, Georgia, in accordance with the rules of the American Arbitration Association. You agree that any arbitration will be conducted on an individual basis and not as a class action or other representative proceeding. YOU AND ALLIANCE AI BOTH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

12. Miscellaneous

12.1 Entire Agreement

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

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

12.3 Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign these Terms without restriction.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by updating the "Last Updated" date at the top of this document and/or through a notification within the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

14. Apple App Store Specific Terms

14.1 Acknowledgement

You acknowledge that these Terms are concluded between you and Alliance AI only, and not with Apple Inc. ("Apple"). Alliance AI, not Apple, is solely responsible for the FitPilot application and its content. These Terms do not conflict with the Apple Media Services Terms and Conditions.

14.2 Scope of License

The license granted to you for FitPilot is limited to a non-transferable license to use the application on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The application may be accessed by other accounts associated with you via Family Sharing or volume purchasing.

14.3 Maintenance and Support

Alliance AI is solely responsible for providing maintenance and support services for FitPilot as specified in these Terms or as required by law. You acknowledge that Apple has no obligation to furnish any maintenance and support services for FitPilot.

14.4 Warranty and Refunds

Alliance AI is solely responsible for any product warranties, express or implied, to the extent not effectively disclaimed. If FitPilot fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation regarding FitPilot, and any other claims, losses, liabilities, damages, costs, or expenses will be Alliance AI's sole responsibility.

14.5 Product Claims

You acknowledge that Alliance AI, not Apple, is responsible for addressing any claims relating to FitPilot or your use of it, including: (i) product liability claims; (ii) claims that FitPilot fails to conform to legal or regulatory requirements; and (iii) claims under consumer protection, privacy, or similar legislation, including those related to HealthKit usage.

14.6 Intellectual Property Claims

You acknowledge that Alliance AI, not Apple, is solely responsible for investigating, defending, settling, and discharging any third-party intellectual property infringement claims related to FitPilot.

14.7 Legal Compliance

You represent and warrant that: (i) you are not located in a country subject to U.S. Government embargo or designated as "terrorist supporting"; and (ii) you are not on any U.S. Government list of prohibited or restricted parties.

14.8 Third Party Terms

You must comply with applicable third-party terms when using FitPilot, including but not limited to your wireless data service agreement, OpenAI's terms of service, and FatSecret's terms of use.

14.9 Third Party Beneficiary

You acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right to enforce these Terms against you as a third-party beneficiary.

15. Contact Information

If you have any questions about these Terms, please contact us at amathieu@princelobel.com.

Alliance AI
Contact: amathieu@princelobel.com