Terms of Service — Weight Pocket

Effective date: September 4, 2026

Version: 2.0.0 — Last updated: September 4, 2026

1. Acceptance of these terms

By downloading, installing, accessing or using the Weight Pocket app ("the App") or any related service ("the Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of them, do not use the App.

These Terms are a legally binding agreement between you ("you") and JP Medicina de la Montaña LLC ("we", "us"), the operator of Weight Pocket. They work together with our Privacy Policy, which explains what we collect and why.

If you continue using the App after a change to these Terms takes effect, you accept the change (§18).

2. What Weight Pocket is

Weight Pocket is an educational coaching and wellness tool. It helps you record and understand your own data. It includes:

  • Nutrition tracking — meals, macros and water, from a curated nutrition database, from live lookups in USDA FoodData Central and Open Food Facts, from a barcode, or typed in by you.
  • Food recognition from a photo — you take a photo of a meal or of a product label and an AI provider returns an estimate of what it is (§7).
  • Medication and injection logging — for GLP-1 and other medications you already take: type, dose, brand, schedule, dose history and injection site, plus an estimated medication-level chart.
  • Weight, body measurements and daily log — weight, measurements, energy, symptoms, notes.
  • Device and scale integration — Apple Health (iOS), Health Connect (Android) and Bluetooth smart scales, with your permission and read-only (§8).
  • Exercise and activity tracking.
  • Behavioural features — nudges, streaks, milestones, a metabolic score and a weight projection, all computed to support habit formation.
  • WiPi, an on-device assistant — pre-written educational guidance selected by rules that run entirely on your phone. Nothing you say to WiPi is sent to any AI provider.
  • A connected educator (coach), if you choose to connect one (§10).

What Weight Pocket is not. It is not a medical device, not telemedicine, not a pharmacy, not an insurer, not an electronic medical record, and not a healthcare provider. Using it does not create a doctor-patient relationship with us or with anyone in the App.

3. Eligibility

You must be at least 16 years old to create an account and use the App. By using Weight Pocket you represent that you are 16 or older and that you have the legal capacity to enter into these Terms — or, where your jurisdiction requires it, valid parental or guardian authorisation.

This 16+ minimum meets or exceeds the highest digital-consent age set by GDPR Article 8 across the EEA. The App asks your age at sign-up and blocks accounts below the minimum, the profile editor applies the same minimum, and our database rules enforce it on the server as well, so the check does not depend on the app alone.

If you use the App on behalf of an organisation that provides educational coaching, you represent that you have authority to bind that organisation to these Terms.

4. Your account

To use the App you need an account. You can sign in with Apple or with Google. We do not offer an email-and-password sign-in.

You agree to: (a) give accurate information; (b) keep your device and your Apple or Google account secure; (c) keep your account information up to date; and (d) take responsibility for what happens under your account.

Tell us immediately at support@weightpocket.com if you believe someone else is using your account.

5. Subscriptions and payments

### 5.1 Plans and prices

Weight Pocket is a paid app with no free tier. We offer a monthly and an annual Premium subscription. The price, the currency and the billing period that apply to you are the ones the store shows you on the purchase screen at the moment of purchase, and those are the ones that govern.

### 5.2 Who charges you

All payments are processed by the Apple App Store or Google Play, depending on where you got the App. Receipt validation is handled by RevenueCat on our behalf. We never see or store your card number. By subscribing, you authorise the applicable store to charge your payment method on a recurring basis.

### 5.3 Free trials and introductory offers

A free trial or an introductory offer may be available on some products. Whether you are eligible, how long the offer lasts and what it costs afterwards are decided and displayed by the store, not by us — the App reads that information from the store and never promises an offer the store would not honour. Any unused part of a free trial is forfeited when you start a paid subscription, where applicable by law.

### 5.4 Automatic renewal

Subscriptions renew automatically at the end of each billing period, at the then-current price, unless you cancel. On both stores you must turn off auto-renewal at least 24 hours before the current period ends; otherwise the renewal is charged within the 24 hours before the period ends.

### 5.5 How to cancel

You must cancel through the same store where you purchased:

  • Apple App Store: Settings → [your name] → Subscriptions → Weight Pocket → Cancel.
  • Google Play: Play Store app → Profile → Payments & subscriptions → Subscriptions → Weight Pocket → Cancel.

Cancellation takes effect at the end of the current billing period; you keep Premium until then. Deleting the App does not cancel your subscription. Deleting your account does not, by itself, cancel a store subscription either — cancel it in the store.

### 5.6 Refunds

Because every purchase is made through the Apple App Store or Google Play, refunds are requested from, and decided by, that store under its own refund policy — Apple at reportaproblem.apple.com, Google through Google Play. We cannot issue a refund for a store purchase ourselves. If you believe a store decision is wrong, write to us at support@weightpocket.com and we will help you take it up with them.

### 5.7 Restoring a purchase

If you reinstall the App or sign in on a new device, use Restore Purchases on the subscription screen to recover an active entitlement. Restoring never charges you again.

### 5.8 Price changes

We may change subscription prices. A change is announced in advance through the App or by the store and does not take effect until the billing period following that notice. If you do not accept the new price, cancel as described in §5.5 before it takes effect.

### 5.9 Apple App Store terms

If you purchased through the Apple App Store, these Apple-required terms also apply: payment is charged to your Apple ID at confirmation of purchase; the subscription renews automatically unless auto-renew is turned off at least 24 hours before the end of the current period; your account is charged for renewal within 24 hours before the period ends; subscriptions can be managed and auto-renewal turned off in your Apple ID Account Settings; and the Apple Standard End User License Agreement applies to your use of the App on iOS to the extent it does not conflict with these Terms.

### 5.10 Google Play terms

If you purchased through Google Play: payment is charged to your Google Play account at confirmation of purchase; the subscription renews automatically unless cancelled at least 24 hours before the renewal date; you manage and cancel it in Google Play Store → Account → Subscriptions; and refunds and cancellations made through Google Play follow Google Play's then-current policies.

6. Your content

You may put content into the App, including:

  • Photos of meals and of product labels, taken for recognition.
  • Health and body data — weight, measurements, steps, heart rate, HRV, sleep.
  • Your daily log, your symptoms and your free-text notes.
  • Your medication and injection records.
  • Your profile information.
  • What you write to WiPi, the on-device assistant.

You keep ownership of your content. You grant us a limited, non-exclusive, worldwide, royalty-free licence to store, process and display it solely to provide the Services to you. We do not sell it, we do not use it for advertising, and we do not use it to train AI models.

You represent that you have the right to submit the content you provide and that it does not infringe anyone else's rights.

7. AI features

### 7.1 Educational only, never medical advice

The AI features are provided strictly for educational and informational purposes. They are not medical advice, diagnosis or treatment, and they are not a substitute for any of those.

### 7.2 Which providers, and what reaches them

Two third-party providers process AI requests, always through a server-side proxy we operate, and always with your explicit consent:

  • Google Gemini — recognising a meal from a photo.
  • OpenAI — reading a product label from a photo, and writing shopping guidance from your product ratings.

If you have not given AI consent, no image leaves your phone to either provider. You can withdraw that consent at any time in Settings → Privacy, and withdrawing it stops all future AI processing. Neither provider receives your steps, sleep, heart rate, HRV or weight, and neither receives your identity. Our Privacy Policy lists field by field what each request contains.

WiPi, the in-app assistant, is not a generative AI feature. It runs on your device and selects from pre-written educational guidance. Its conversation stays on your phone and in your own account, and is never sent to Gemini, to OpenAI or to any other provider.

### 7.3 Known limitations you accept

Generative AI is an emerging technology. As a condition of using these features you accept that:

  • It can be confidently wrong. It may produce plausible but false output, including invented foods, calorie counts, interactions, dosing schedules or citations.
  • Its training data can be out of date, including drug labels, dosing instructions, contraindications, recalls and safety warnings.
  • Food and label estimates are approximations. Calories, macros and portions estimated from a photo may differ materially from the real content of your meal.
  • Medication-level charts are population-level mathematical estimates based on average parameters. They do not reflect your individual pharmacokinetics and must never be used to decide when to inject, when to skip, or when to change a dose.
  • The AI does not know your medical history — your labs, prescriptions, allergies, comorbidities or other medications — and cannot take them into account.
  • The AI cannot detect an emergency, cannot call for help, and is not monitored by a clinician.

### 7.4 No reliance

You agree to verify independently anything the AI produces before acting on it, and not to rely on it for dosing decisions, for diagnosis, for managing a medical condition, or for any decision affecting your health. You use the AI features at your own risk.

### 7.5 Prohibited uses of the AI

You must not use the AI features to: obtain a medical diagnosis or a prescription; make decisions for or about another person; generate harmful, defamatory or unlawful content; reverse-engineer, extract or train a competing model; or bypass rate limits, content filters or safety mechanisms.

### 7.6 You always know when it is AI

Consistent with applicable transparency laws, the App identifies clearly when a feature is automated rather than human. No AI feature in Weight Pocket is a licensed clinician, and none is used to make a clinical decision about you.

8. Health data

The App can process health data from four sources, each with your permission: what you type in; a connected Bluetooth smart scale; Apple Health (iOS); and Health Connect (Android).

From Apple Health and Health Connect we read exactly six data types — steps, sleep, heart rate, resting heart rate, heart rate variability and body weight — and nothing else. We only read. We never write anything back, and we do not read in the background: every read happens while the App is open in front of you. You can revoke the permission at any time in your system settings.

Health data is stored in Google Firebase with encryption in transit and at rest, is used only to provide the Services, is never sold, and is never used for advertising. In line with Apple HealthKit and Google Health Connect policy, health data obtained from those platforms is never used for advertising, data mining or any purpose unrelated to health and fitness functionality in the App.

9. Medical disclaimer

### 9.1 Not a medical device; no medical advice

Weight Pocket is NOT a medical device under FDA, EMA or any other regulatory definition, and the Services do NOT provide medical advice, diagnosis, treatment, prescription or cure for any condition.

The App is a general wellness and educational tool meant to complement — never to replace — the care of licensed healthcare professionals. We are not a healthcare provider, a pharmacy, a telemedicine service or an insurer, and no doctor-patient or other professional relationship is created by your use of the App, by any AI feature, or by contact with an educator inside the App.

### 9.2 GLP-1 and other medications — specific warnings

The App lets you log GLP-1 receptor agonists such as semaglutide (Ozempic, Wegovy, Rybelsus), tirzepatide (Mounjaro, Zepbound) and liraglutide (Saxenda, Victoza), and other medications. You acknowledge that:

  • These are prescription drugs that must be obtained, dosed and monitored by a licensed prescriber.
  • Logging, dose tracking, injection-site rotation and medication-level charts are record-keeping and educational features only. They are not a dispensing system, not a dosing calculator, and not a substitute for your prescriber's instructions or the manufacturer's label.
  • You alone are responsible for following your prescriber's instructions and the approved label.
  • These drugs carry known serious risks, including thyroid C-cell tumours (boxed warning), pancreatitis, gallbladder disease, kidney injury, hypoglycaemia (especially with insulin or sulfonylureas), severe gastrointestinal symptoms, gastroparesis, allergic reactions and worsening of diabetic retinopathy. Some can be life-threatening.
  • If you develop symptoms consistent with any of these — severe abdominal pain, persistent vomiting, signs of an allergic reaction, severe dehydration — stop and contact your prescriber or emergency services immediately. Do not rely on the App to detect, warn about or escalate such an event.
  • We make no warranty about the accuracy of dosing data, refill timing, side-effect lists or interaction information for any medication.

### 9.3 Emergencies

The App is not monitored in real time and cannot contact emergency services for you. If you have symptoms of a medical emergency — chest pain, difficulty breathing, severe abdominal pain, signs of stroke, suicidal thoughts, a severe allergic reaction, or anything you reasonably believe is life-threatening — stop using the App and call your local emergency number or your physician immediately.

### 9.4 No promise of results

We make no representation, guarantee or warranty that you will lose weight, reach any particular health metric, avoid regain, or obtain any specific outcome. Results vary with genetics, comorbidities, medication response, adherence, lifestyle and many factors outside our control. Testimonials, screenshots, projections and AI-generated estimates are not a promise of a similar outcome for you.

### 9.5 Always consult a professional

Consult your physician before starting any weight-loss programme, medication, supplement, fasting regimen or exercise plan. Never disregard or delay professional medical advice because of something you read in the App. Seek medical attention immediately if you develop adverse symptoms.

### 9.6 Assumption of risk

To the maximum extent permitted by law, you knowingly and voluntarily assume all risks associated with weight management, dietary change, exercise and the use of any medication you log in the App.

10. Your connected educator

Weight Pocket lets you connect with an educator (coach). Connecting is voluntary, you accept it explicitly before it happens, and you can undo it at any time.

If you connect one:

  • Your educator can see the health data you record — weight and measurements, medication and doses, nutrition and meal photos, symptoms, activity and your check-ins — from their own screen, to guide your education.
  • That access is read-only. Your educator cannot change, add or delete any of your data — not your weight, not your goals, not your medication, not a single field. The database rules enforce this, not just the interface.
  • Coaching is educational only. Your educator does not treat you, does not diagnose you, does not prescribe or adjust medication, and does not provide medical advice or recommendations of any kind. Nothing shared with you inside the App is medical advice.
  • Your doctor is still your doctor. Every decision about your health, your treatment and your medication is between you and your own licensed healthcare provider.
  • You may disconnect from a linked coach or organization at any time from Settings inside the App. From that moment your educator stops seeing your data.

Your educator, and any organisation they work for, is independently responsible for its own compliance with the privacy and healthcare laws that apply to it. If an educator uses Weight Pocket inside a HIPAA-regulated workflow, any "patient" relationship governed by HIPAA exists between you and that external organisation — not between you and Weight Pocket. Your relationship with your educator is governed by whatever you have agreed separately with them.

Weight Pocket is a technology platform for educational coaching and wellness. It is not a healthcare provider, a telemedicine service or a medical device.

11. Intellectual property

All intellectual property rights in the App — software, design, text, graphics, logos, icons, algorithms, AI prompts, data compilations and the nutrition databases — belong to us or are licensed to us, and are protected by copyright, trademark and other laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use, or for authorised educational coaching, in accordance with these Terms. You may not copy, modify, distribute, sell, reverse-engineer, decompile or create derivative works from any part of the App.

Nutrition data from Open Food Facts is © its contributors and made available under the Open Database License (ODbL). Data from USDA FoodData Central is a public-domain work of the U.S. government.

12. Prohibited conduct

You agree not to:

  • Use the App for any unlawful purpose or in breach of any applicable law.
  • Impersonate anyone, or misrepresent your identity or your affiliation.
  • Submit false, misleading or fraudulent health data or account information.
  • Try to gain unauthorised access to the App, to other accounts, or to the underlying systems.
  • Interfere with or disrupt the integrity or performance of the App or its servers.
  • Scrape, harvest or extract data from the App by automated means.
  • Use the AI features to generate harmful or abusive content, or content unrelated to health and wellness.
  • Circumvent or disable any security feature, including subscription gates, rate limits and role-based access controls.
  • Resell, sublicense or redistribute access to the App or any of its features.

Breaching these prohibitions may result in immediate termination of your account.

13. Third-party services

The App relies on the following third parties. We are not responsible for their availability, accuracy or practices, and your use of them is subject to their own terms.

  • Apple App Store and Google Play — payment and subscription management.
  • RevenueCat — subscription receipt validation.
  • Google Firebase — authentication, database, storage and serverless functions.
  • Google Gemini — meal recognition from a photo (§7.2).
  • OpenAI — label reading and shopping guidance (§7.2).
  • Open Food Facts — packaged-product and barcode database. Receives only the barcode you scan.
  • USDA FoodData Central — food composition database. Receives only a barcode or a food name you search.
  • Expo push notification service — delivers reminders. Receives only your device notification token; the text of a notification is always generic and never names a food, a weight, a medication or a symptom.
  • Apple Health and Google Health Connect — health data integration (§8).

14. Disclaimer of warranties and limitation of liability

### 14.1 Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND RELIABILITY. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

### 14.2 Exclusion of damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE OR DATA, OR FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS OR HEALTH OUTCOME, ARISING FROM OR RELATING TO: (a) YOUR USE OF OR INABILITY TO USE THE APP; (b) ANY CONTENT GENERATED BY AN AI FEATURE; (c) ANY MEDICATION, DIET OR EXERCISE DECISION INFLUENCED BY THE APP; (d) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA; OR (e) ANY OTHER MATTER RELATING TO THE APP, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

### 14.3 Liability cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF: (i) THE AMOUNT YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100 USD).

### 14.4 Time limit on claims

Any claim arising out of or relating to the App or these Terms must be filed within ONE (1) YEAR after it arose, or be permanently barred, except where applicable law does not allow that limit to be waived.

### 14.5 Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, government action, network or infrastructure failure, outages of our cloud providers, failures of an AI provider, denial-of-service attacks, hacking or labour disputes.

### 14.6 Essential basis of the bargain

You acknowledge that the limitations in this §14 are an essential basis of the bargain between you and us and that we would not provide the Services without them. They apply even if a limited remedy fails of its essential purpose.

### 14.7 Jurisdictional variations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where any part of this §14 is unenforceable where you live, our liability is limited to the minimum extent permitted by applicable law.

15. Indemnification

You agree to indemnify, defend and hold harmless Weight Pocket, JP Medicina de la Montaña LLC and their officers, directors, employees, agents and affiliates from any claim, damage, obligation, loss, liability, cost or expense (including reasonable legal fees) arising from: (a) your use of the App; (b) your breach of these Terms; (c) your breach of any law or of anyone's rights; or (d) content you submitted through the App.

16. Export, deletion and termination

### 16.1 Exporting your data

You can export everything we hold about you at any time from Settings → Export My Data. We build a complete JSON archive and give you a private download link. The link is valid for 15 minutes, and you can complete one successful export every 24 hours.

### 16.2 Deleting your account

You can delete your account at any time from Settings → Account → Delete Account. For your security we may ask you to sign in again first. Deletion runs immediately and is permanent and irreversible. It erases your profile, your weight and body history, your daily logs, your meals and food photos, your medication and injection records, your assistant conversation, your behavioural data, the health data synced into our systems, your export archives and your authentication account.

What survives deletion, and why:

  • Audit records. Every privileged action — including the deletion itself — is written to an append-only audit trail that we must keep for 6 years under HIPAA §164.530(j). Those records contain your account ID and the action, never your health data, and they outlive your account by design.
  • Encrypted backups, which roll over within 35 days.
  • Anything your educator holds outside the App, which is governed by their own retention policy.
  • Anything required by law to be retained.

Deleting your account does not cancel a store subscription. Cancel it in the Apple App Store or Google Play as described in §5.5, or you may keep being charged.

### 16.3 Retention while your account exists

We keep your data while your account exists, except that detailed nutrition and exercise entries older than 24 months may be replaced by a verified monthly summary, and technical telemetry expires on its own schedule. The full table is in our Privacy Policy.

### 16.4 Termination by us

We may suspend or terminate your account, with or without notice, if we reasonably believe you have breached these Terms. The same erasure applies, unless retention is required by law.

17. Dispute resolution

### 17.1 Governing law

These Terms are governed by the laws of the Commonwealth of Puerto Rico and the applicable federal laws of the United States, without regard to conflict-of-law principles.

### 17.2 Notice and cure — a condition precedent

Before starting any arbitration or legal proceeding, you agree to send us written notice of the dispute at support@weightpocket.com, including: your full name and account email; a clear description of the claim; the specific relief you seek; and your contact details. We have sixty (60) days from receipt to investigate and propose a resolution. You may not start formal arbitration or legal action before that period expires. Any limitation period, including §14.4, is tolled during it. This is a material condition precedent to any claim.

### 17.3 Binding arbitration

Any dispute arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration takes place in San Juan, Puerto Rico, or remotely at your election, in English or Spanish.

### 17.4 Class action waiver

Disputes are resolved individually. You waive the right to take part in a class action or in class-wide arbitration.

### 17.5 Your 30-day right to opt out of arbitration

You may opt out of §17.3 and §17.4 by writing to support@weightpocket.com within thirty (30) days of first accepting these Terms, stating your name, your account email and that you decline arbitration. If you opt out, the rest of these Terms stay in force and disputes are resolved in the state or federal courts in San Juan, Puerto Rico.

### 17.6 Exceptions

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property.

### 17.7 Waiver of jury trial

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY in any action arising out of or relating to these Terms or the App.

### 17.8 Coordinated or "mass" arbitration

If 25 or more similar arbitration demands are brought against us by, or with the help of, the same or coordinated counsel, and the arbitration provider cannot administer them on its standard individual terms, the demands will be administered in batches of up to 100, with a final batch for any remainder. The arbitrator will first hear a representative number of bellwether cases in each batch, and the parties will use those outcomes to inform a global resolution of the rest of that batch, including through a single mediation, before any remaining case proceeds individually. One set of filing and administrative fees applies per batch, and any limitation period is tolled for demands awaiting their batch. This is not consent to class or representative proceedings, which remain waived under §17.4. If this §17.8 is unenforceable, it is severed and the rest of §17 continues to apply.

### 17.9 Survival

§14 (liability), §15 (indemnification), §17 (dispute resolution), §20 (severability) and anything else that by its nature should survive survive the termination of these Terms or of your account.

18. Changes to these Terms

We may change these Terms. When a change is material we will update the effective date at the top of this document and tell you inside the App — the App asks you to review and accept the current version, and it knows which version you accepted. We do not announce policy changes by push notification.

If you keep using the App after a change takes effect, you accept it. If you do not agree, stop using the App and delete your account (§16.2).

19. Contact

Questions, concerns or requests about these Terms:

JP Medicina de la Montaña LLC — operator of Weight Pocket Urb Estancias del Golf, 121 Calle Miguel Rivera Texidor, Ponce, Puerto Rico 00730, USA support@weightpocket.com

20. Severability

If any provision of these Terms is held invalid, illegal or unenforceable, it will be modified to the minimum extent needed to make it enforceable or, if that is not possible, severed. The rest of the Terms stay in full force. Our failure to enforce any right or provision is not a waiver of it.

21. Copyright and DMCA

We respect intellectual property rights and respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.

Notice. If you believe content in the App infringes your copyright, write to support@weightpocket.com with: a physical or electronic signature of the owner or an authorised agent; identification of the work claimed to be infringed; identification of the allegedly infringing material and enough information to locate it; your contact details; a statement that you believe in good faith the use is not authorised; and a statement, under penalty of perjury, that the information is accurate and you are authorised to act. A knowing material misrepresentation may make you liable under 17 U.S.C. §512(f).

Counter-notice. If material you posted was removed and you believe that was an error, you may submit a counter-notice meeting 17 U.S.C. §512(g).

Repeat infringers. We terminate, in appropriate circumstances, the accounts of repeat infringers.

22. App Store and Google Play acknowledgments

### 22.1 iOS — Apple App Store

If you obtained the App through the Apple App Store, you and we acknowledge that these Terms are concluded between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content. You further acknowledge:

  • Scope of licence. Your licence is a non-transferable licence to use the App on any Apple-branded device you own or control, as permitted by the Apple Media Services Terms.
  • Maintenance and support. We are solely responsible for maintenance and support. Apple has no obligation to provide any.
  • Warranty. We are solely responsible for any product warranty not effectively disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law Apple has no other warranty obligation, and any other claim, loss, liability, damage, cost or expense attributable to a failure to conform is our sole responsibility.
  • Product claims. We, not Apple, are responsible for addressing any claim relating to the App or your possession or use of it, including product liability, any claim that the App fails to meet a legal or regulatory requirement, and claims under consumer protection or privacy legislation, including in connection with HealthKit.
  • Intellectual property. If a third party claims the App infringes its intellectual property, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
  • Legal compliance. You represent that you are not in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
  • Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple has the right to enforce them against you as such.

### 22.2 Android — Google Play

If you obtained the App through Google Play, these Terms are concluded between you and us only, not with Google LLC ("Google"). Your use is also subject to Google Play's Terms of Service. Google is not responsible for the App or its content, and we — not Google — provide all maintenance, support and warranty.

23. Export control and sanctions

The App may be subject to U.S. export-control laws. You agree not to use, export, re-export or transfer the App in breach of any applicable export law. You represent that: you are not located in, controlled by, or a national or resident of any country subject to a U.S. embargo; you are not on the U.S. Treasury Department's Specially Designated Nationals list, the Foreign Sanctions Evaders list or any other U.S. denied-persons list; and you will not use the App for any purpose prohibited by U.S. law.

24. Assignment

You may not assign or transfer these Terms or your rights under them, in whole or in part, without our prior written consent; any attempt to do so is void. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets.

25. Entire agreement and no waiver

These Terms, together with our Privacy Policy and any additional terms expressly referenced here (including Apple's Standard EULA where applicable), are the entire agreement between you and us about the App, and supersede all earlier agreements and proposals, oral or written. No waiver of a provision is a continuing waiver of it or of any other. Section headings are for convenience only. "Include", "includes" and "including" are read as if followed by "without limitation".

26. Acknowledgment

BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU ARE ACCEPTING ON BEHALF OF AN ORGANISATION, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND IT. IF YOU DO NOT AGREE, DO NOT USE THE APP.