Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using the Weight Pocket mobile application ("App") or any associated services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the App.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Weight Pocket, a product operated by JP Medicina de la Montaña LLC ("Company," "we," "us," or "our"). Your continued use of the App following any modification to these Terms constitutes acceptance of those changes.

2. Description of Service

Weight Pocket is a weight management platform that provides the following features and capabilities:

• AI-Powered Coaching — Personalized guidance powered by Google Gemini, including food recognition from photos, nutrition advice, and motivational coaching chat.
• Nutrition Tracking — A curated GLP-1 nutrition database (200+ foods spanning Caribbean, Latin American, and international cuisines) plus live USDA FoodData Central lookup, with macro and calorie information, barcode scanning, and natural-language logging.
• GLP-1 Medication Logging — Tracking for injectable weight-loss medications including Tirzepatide (Mounjaro/Zepbound) and Semaglutide (Ozempic/Wegovy), with dose scheduling, injection-site rotation via a 3D body model, and estimated pharmacokinetic medication-level visualization.
• Health Device Integration — Connection to Bluetooth Low Energy (BLE) smart scales, Apple HealthKit (iOS), and Google Health Connect (Android) for automated syncing of weight, steps, heart rate, and other biometric data.
• Coaching Platform — A multi-role system enabling coaches, coaching practices, and their staff (coaches, nutritionists, and wellness professionals) to support linked members, view progress dashboards, schedule check-ins, and communicate securely through the App. The Coaching Platform supports educational coaching and wellness workflows; it does not provide medical care, diagnosis, or treatment.
• Behavioral Intelligence — Offline behavioral nudges, metabolic scoring, weight prediction, and milestone tracking to support long-term habit formation.
• Exercise Tracking — Activity logging integrated with health platform data and caloric expenditure calculations.

3. Eligibility

You must be at least 18 years of age to create an account and use the App. By using Weight Pocket, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into these Terms, and are not barred from using the Services under any applicable law.

If you are using the App on behalf of an organization (such as a coach, coaching practice, wellness clinic, medical clinic, or other place of service that is licensing the App for educational coaching workflows), you represent that you have the authority to bind that organization to these Terms.

4. Account Registration

To access certain features, you must create an account. Weight Pocket uses Firebase Authentication and supports the following sign-in methods:

• Email and password
• Google Sign-In
• Apple Sign-In

You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain the security and confidentiality of your credentials; (c) promptly update your account information if it changes; and (d) accept responsibility for all activity that occurs under your account.

You must notify us immediately at legal@weightpocket.com if you suspect any unauthorized use of your account.

5. Subscription & Payments

5.1 Plans

5.2 Payment Processing

All payments are processed by the Apple App Store or Google Play, depending on where you downloaded the App. We do not receive or store your payment card number. By subscribing, you authorize the applicable store to charge your designated payment method on a recurring basis.

5.3 No Free Trial

The App does not currently offer a free trial. Premium access begins when you purchase a subscription. If a promotional free trial is offered in the future, its terms (including duration and eligibility) will be disclosed at the point of purchase in the Apple App Store or Google Play.

5.4 Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You will be charged at the then-current rate for the renewal period.

5.5 Cancellation

You may cancel your subscription at any time through the App's subscription management screen. Cancellation takes effect at the end of the current billing period. You will retain access to Premium features until the period expires. No partial refunds are issued for unused portions of a billing cycle.

5.6 Refund Policy

We offer a 30-day money-back guarantee from the date of your initial subscription purchase. Because all subscriptions are purchased through the Apple App Store or Google Play, refunds are processed under the applicable store's policy. Refunds for purchases made through the Apple App Store must be requested directly from Apple at reportaproblem.apple.com and are governed by Apple's refund policy. Refunds for Google Play purchases are governed by Google Play's refund policy. If you believe you qualify for a refund under our 30-day guarantee and the store declines your request, contact legal@weightpocket.com and we will assist.

5.7 Apple App Store Subscription Terms

If you purchase a Premium subscription through the Apple App Store, the following Apple-required terms apply in addition to the rest of these Terms:

• Payment will be charged to your Apple ID account at confirmation of purchase.
• The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the price of the selected plan.
• Subscriptions and auto-renewal may be managed and turned off by going to your Apple ID Account Settings after purchase.
• Any unused portion of a free trial period, where offered, is forfeited when you purchase a Premium subscription, where applicable by law.
• The Apple Standard End User License Agreement (EULA) applies to your use of the App on iOS to the extent it does not conflict with these Terms; in case of conflict, our Terms control to the maximum extent permitted by Apple's policies.

5.8 Google Play Subscription Terms

If you purchase a Premium subscription through the Google Play Store:

• Payment will be charged to your Google Play account at confirmation of purchase.
• The subscription automatically renews at the end of each billing period unless canceled at least 24 hours before the renewal date.
• You can manage and cancel your subscription in Google Play Store → Account → Subscriptions at any time.
• Refunds and cancellations made through Google Play are subject to Google Play's then-current policies.

5.9 Restore Purchases

If you reinstall the App or sign in on a new device, you can restore your active Premium subscription using Settings → Subscription → Restore Purchases within the App. No additional charges apply when restoring an existing entitlement.

5.10 Cancellation Paths

To prevent the next renewal charge, you must cancel through the same store where you originally purchased:

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

Deleting the App does NOT cancel your subscription. You must cancel through the appropriate store as described above.

5.11 Pricing Changes

We may change Premium subscription prices in the future. Any price change will be communicated to you in advance through the App, by email, or via store notification, and will not take effect until the next billing period following such notice. Your continued use of Premium after the price change constitutes acceptance of the new price; if you do not accept, you may cancel as described in § 5.10 before the change takes effect.

6. User Content

You may submit, upload, or transmit content through the App, including but not limited to:

• Food photographs taken for AI recognition and logging
• Health and biometric data (weight, steps, heart rate, HRV)
• Chat messages exchanged with the AI coach or your coaching staff
• Profile information and personal health notes

You retain ownership of your User Content. By submitting content to the App, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and display your content solely for the purpose of providing and improving the Services.

You represent that you have the right to submit all content you provide and that such content does not infringe upon the rights of any third party.

7. AI Disclaimer

7.1 Generative AI; No Medical Advice

The AI features in Weight Pocket are powered by third-party generative artificial intelligence models (currently Google Gemini) and are provided strictly for educational and informational purposes. They do NOT constitute medical advice, diagnosis, treatment, or a substitute for any of the foregoing.

7.2 Known Limitations of Generative AI

You acknowledge that generative AI is an emerging technology with the following inherent limitations, which you accept as a condition of using the AI features:

• Hallucinations. AI may generate output that is plausible-sounding but factually incorrect, fabricated, or misleading, including inventing food entries, calorie counts, drug interactions, dosing schedules, scientific citations, or clinical guidelines that do not exist.
• Outdated training data. AI responses may reflect information that is out of date, including obsolete drug labels, dosing instructions, contraindications, recalls, or safety warnings.
• Inaccurate food recognition. AI calorie, macro, and portion estimates from food photos are approximations and may differ materially from the actual nutritional content of your meals.
• Mathematical estimates only. Pharmacokinetic (PK) medication-level visualizations are population-level mathematical estimates based on average parameters and do not reflect your individual pharmacokinetics. They must not be used to determine when to inject, when to skip a dose, when to change a dose, or any other dosing decision.
• No medical history awareness. The AI does not have access to your complete medical history, lab results, prescriptions, allergies, comorbidities, or current medications, and cannot account for them.
• No emergency capabilities. The AI cannot detect medical emergencies, cannot summon emergency services, and is not monitored by a clinician.

7.3 No Reliance

You agree that you will independently verify any AI-generated content before acting on it, and that you will not rely on the AI for medication dosing decisions, diagnosis, the management of any medical condition, or any decision affecting your health. You use the AI features entirely at your own risk.

7.4 Third-Party AI Provider

AI requests are processed by Google Gemini through a server-side proxy operated by us. Your interactions are subject to Google's Generative AI Terms and applicable privacy commitments. We do not control the underlying model behavior and disclaim any liability arising from the model provider's outputs.

7.5 Prohibited AI Uses

You shall not use the AI features to: (a) attempt to obtain medical diagnosis or prescription; (b) make decisions for or about another person; (c) generate harmful, defamatory, or unlawful content; (d) reverse-engineer, extract, or train competing AI models; (e) bypass rate limits, content filters, or safety mechanisms.

7.6 AI Identification

Consistent with applicable transparency laws (including California's Bot Disclosure Law and the EU AI Act), the App clearly identifies when you are interacting with an automated AI feature rather than a human. The AI coach is artificial intelligence, is not a licensed clinician, and is not used to make clinical or medical decisions about you.

8. Health Data

Weight Pocket may collect and process health-related data from the following sources, subject to your explicit permission:

• Apple HealthKit (iOS) — weight, steps, heart rate, HRV, active energy
• Google Health Connect (Android) — weight, steps, heart rate, exercise sessions
• Bluetooth Low Energy (BLE) Scales — weight measurements synced directly from compatible smart scales
• Manual Entry — user-reported weight, food intake, exercise, and medication data

Health data is stored securely in Google Firebase (Firestore and Firebase Storage). We use industry-standard encryption in transit and at rest. Health data is used solely to provide the Services and is not sold to third parties.

In compliance with Apple HealthKit and Google Health Connect policies, health data obtained from these platforms is not used for advertising, data mining, or purposes unrelated to providing health and fitness functionality within 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. The Services do NOT provide medical advice, diagnosis, treatment, prescription, or cure for any condition.

The App is a general wellness and educational tool intended to complement — not replace — the care provided by licensed healthcare professionals. The Company is not a healthcare provider, pharmacy, telemedicine service, or insurance company, and no doctor-patient, pharmacist-patient, or any other professional relationship is created by your use of the App, including through interaction with AI features or with Coach personnel inside the App.

9.2 GLP-1 Receptor Agonists — Specific Warnings

The App allows logging of GLP-1 receptor agonist medications, including but not limited to semaglutide (marketed under brand names such as Ozempic, Wegovy, Rybelsus), tirzepatide (marketed as Mounjaro, Zepbound), liraglutide (Saxenda, Victoza), and similar drugs. You acknowledge and agree that:

• These medications are prescription drugs that must be obtained, dosed, and monitored by a licensed prescriber.
• The App's logging, dose-tracking, injection-site rotation, and PK visualization features are for record-keeping and educational purposes only. They are not a dispensing system, dosing calculator, or substitute for the prescriber's instructions or the manufacturer's prescribing information (label).
• You are solely responsible for following your prescriber's dosing instructions, the FDA-approved label, and any safety guidance from the manufacturer.
• GLP-1 drugs carry known serious risks, including but not limited to thyroid C-cell tumors (boxed warning), pancreatitis, gallbladder disease, kidney injury, hypoglycemia (especially when combined with insulin or sulfonylureas), severe gastrointestinal symptoms, gastroparesis, allergic reactions, and worsening of diabetic retinopathy. Some risks may be life-threatening.
• If you experience symptoms consistent with any of the above (severe abdominal pain, persistent vomiting, signs of allergic reaction, severe dehydration, etc.), stop using the medication and contact your prescriber or emergency services immediately. Do not rely on the App to detect, warn, or escalate such events.
• The Company makes no warranty regarding the accuracy of dosing data, refill timing, side-effect lists, or interaction information related to these or any other medications.

9.3 Emergency Symptoms

The App is not monitored in real time and cannot contact emergency services on your behalf. If you experience symptoms of a medical emergency — including but not limited to chest pain, difficulty breathing, severe abdominal pain, signs of stroke (FAST), suicidal ideation, severe allergic reaction, or any condition you reasonably believe to be life-threatening — stop using the App and call emergency services (9-1-1 in the United States, or your local equivalent) or your physician immediately.

9.4 No Warranty of Weight-Loss or Health Results

The Company makes no representation, guarantee, or warranty that you will lose weight, achieve any specific health metric (BMI, body composition, lab value, blood pressure, A1c, etc.), prevent weight regain, or experience any particular outcome from using the App. Individual results vary based on genetics, comorbidities, medication response, adherence, lifestyle, and many factors outside the Company's control. Testimonials, screenshots, predictions, and AI-generated projections are not a guarantee of similar outcomes for you.

9.5 Always Consult a Professional

• Consult your physician or qualified healthcare provider before starting any weight-loss program, medication, supplement, fasting regimen, or exercise plan.
• Never disregard or delay professional medical advice because of information obtained through the App.
• Seek immediate medical attention if you experience 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 changes, exercise, and the use of injectable medications you log in the App. The Company shall have no liability for any injury, illness, adverse event, or health outcome arising from or related to your use of the App or reliance on any information provided through the Services.

10. Coach & Clinic Relationship

Weight Pocket supports a coaching workflow in which members may be linked to a coach, coaching practice, clinic, or other place of service. If you are a member linked to such a coach or organization through the App:

• Authorized staff members (coaches, nutritionists, and designated wellness personnel) may view your health data, progress, daily logs, and medication history within the App for the purpose of providing educational coaching and wellness support.
• Staff access is controlled by role-based permissions and Firestore security rules. Only staff members associated with your linked coach or organization can access your data.
• That coach or organization is independently responsible for its own compliance with applicable privacy and healthcare laws and regulations (e.g., HIPAA, where applicable). If your linked coach, practice, clinic, or place of service uses Weight Pocket inside a HIPAA-regulated workflow, any "patient" relationship governed by HIPAA exists between you and that external organization — not between you and Weight Pocket.

Weight Pocket acts as a technology platform providing educational coaching and wellness tools, and is not itself a healthcare provider, telemedicine service, or medical device. The relationship between you and your linked coach, practice, clinic, or place of service is governed by your separate agreements with that coach or organization.

11. Intellectual Property

All intellectual property rights in the App, including but not limited to the software, design, text, graphics, logos, icons, algorithms, AI models and prompts, data compilations, and the food and nutrition databases, are owned by or licensed to Weight Pocket and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes (or for authorized coaching or clinic operations, if applicable) 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.

12. Prohibited Conduct

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable law or regulation.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Submit false, misleading, or fraudulent health data or account information.
• Attempt to gain unauthorized access to the App, other user accounts, or the underlying systems and infrastructure (including Firebase and Cloud Functions).
• Interfere with or disrupt the integrity or performance of the App or its servers.
• Scrape, harvest, or extract data from the App through automated means.
• Use the AI coaching features to generate content that is harmful, abusive, or unrelated to health and wellness.
• Circumvent, disable, or interfere with any security-related features, including subscription gates, rate limits, or role-based access controls.
• Resell, sublicense, or redistribute access to the App or any of its features.

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

13. Third-Party Services

The App integrates with and relies upon the following third-party services:

• Apple App Store & Google Play — Payment processing and subscription management for in-app purchases. Subject to Apple's and Google's respective terms.
• RevenueCat, Inc. — Subscription receipt validation. Subject to the RevenueCat Terms of Service.
• Google Firebase — Authentication, database (Firestore), cloud storage, and serverless functions. Subject to the Firebase Terms of Service.
• Google Gemini AI — Artificial intelligence models used for food recognition, coaching, and nutrition analysis. Subject to Google AI Terms.
• Apple HealthKit — Health data integration on iOS devices. Subject to Apple's terms and privacy policies.
• Google Health Connect — Health data integration on Android devices. Subject to Google's terms and privacy policies.

We are not responsible for the availability, accuracy, or practices of any third-party service. Your use of third-party services is at your own risk and subject to the respective third party's terms and conditions.

14. Limitation of Liability & Disclaimer of Warranties

14.1 Disclaimer of Warranties

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

14.2 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS 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, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, OR HEALTH OUTCOMES, ARISING FROM OR RELATING TO: (a) YOUR USE OR INABILITY TO USE THE APP; (b) ANY CONTENT GENERATED BY THE AI; (c) ANY MEDICATION, DIET, OR EXERCISE DECISION INFLUENCED BY THE APP; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (e) ANY OTHER MATTER RELATED TO THE APP, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.3 Liability Cap

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

14.4 Time Limitation on Claims

You agree that any claim or cause of action arising out of or relating to the App or these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose, or be permanently barred, except where prohibited by applicable law that cannot be lawfully waived.

14.5 Force Majeure

The Company shall not be liable for any failure or delay in performance under these Terms caused by events beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil unrest, government action, network or infrastructure failures, outages of cloud providers (Google Cloud / Firebase / Apple / Google Play), failures of third-party AI providers (Google Gemini), denial-of-service attacks, hacking, or labor disputes.

14.6 Essential Basis of the Bargain

You acknowledge that the limitations and disclaimers in this § 14 are an essential basis of the bargain between you and the Company and that the Company would not provide the App or Services without them. These limitations apply even if any 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. To the extent any provision of this § 14 is held unenforceable in your jurisdiction, the Company's liability shall be limited to the minimum extent permitted by applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Weight Pocket, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content you submit through the App.

16. Termination

You may terminate your account at any time by using the "Delete Account" feature within the App's settings. Upon account deletion:

• Your personal data, health records, daily logs, chat history, and all associated content will be permanently and irreversibly erased from our systems.
• Any active subscription will be canceled, and you will not be charged for subsequent billing periods.
• Data that has already been shared with a linked coach, coaching practice, clinic, or other place of service may be retained by that coach or organization in accordance with their own data retention policies.

We reserve the right to suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms. Upon termination by us, the same data erasure procedures apply unless retention is required by law.

17. Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico and applicable federal laws of the United States, without regard to conflict-of-law principles.

17.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in San Juan, Puerto Rico, or remotely at your election. The language of the arbitration shall be English or Spanish.

17.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration.

17.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

17.5 Notice & Cure Period (Mandatory Pre-Dispute Resolution)

Before initiating any arbitration or legal proceeding, you agree to first provide the Company with written notice of the dispute by emailing legal@weightpocket.com, including: (a) your full name and account email; (b) a clear description of the claim; (c) the specific relief sought; and (d) your contact information. The Company shall have sixty (60) days from receipt of such notice to investigate and propose a resolution. You may not commence formal arbitration or legal action until this 60-day period has expired, and any limitations period (including under § 14.4) is tolled during this notice-and-cure period. This requirement is a material condition precedent to any claim against the Company.

17.6 Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP. This waiver applies to all such matters, whether sounding in contract, tort, statute, or otherwise.

17.7 30-Day Right to Opt Out of Arbitration

You have the right to opt out of the binding arbitration and class-action-waiver provisions of § 17.2 and § 17.3 by sending a written opt-out notice to legal@weightpocket.com within thirty (30) days of first accepting these Terms, including your name, account email, and a clear statement that you decline arbitration. If you opt out, the § 17.6 jury-trial waiver and the rest of these Terms remain in effect, and disputes shall be resolved in the state or federal courts located in San Juan, Puerto Rico.

17.8 Survival

The provisions of § 14 (Limitation of Liability), § 15 (Indemnification), § 17 (Dispute Resolution), § 20 (Severability), and any other provision that by its nature should survive termination shall survive any termination of these Terms or your account.

17.9 Coordinated or "Mass" Arbitration

If 25 or more demands for arbitration of a similar nature are asserted against the Company by or with the assistance of the same or coordinated counsel, or are otherwise coordinated, and the arbitration provider cannot administer them on its standard individual terms, then you and the Company agree these demands will be administered in batches of up to 100 demands each (plus a final batch of any remainder). The arbitrator(s) will first hear a representative number of "bellwether" cases in each batch; the parties will use those outcomes to inform a global resolution of the remaining demands in that batch, including through a single mediation, before any remaining cases proceed individually. A single set of filing and administrative fees applies per batch. Any applicable limitations period is tolled for demands awaiting their batch. This batching procedure is a material part of the parties' agreement to arbitrate and is not consent to class, collective, or representative proceedings, which remain waived under § 17.3. If this § 17.9 is found unenforceable, it shall be severed and the remainder of § 17 shall continue to apply.

18. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will: (a) update the "Effective Date" at the top of this page; (b) notify you through the App or via email at least 30 days before the changes take effect.

Your continued use of the App after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must stop using the App and delete your account.

19. Contact Information

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

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

The failure of Weight Pocket to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

21. DMCA Copyright Policy

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

21.1 Notice of Infringement

If you believe content on the App infringes your copyright, send a written DMCA notice to our Designated Copyright Agent at dmca@weightpocket.com including all of the following:

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the allegedly infringing material and information sufficient to locate it within the App.
• Your contact information (address, telephone, email).
• A statement that you have a good-faith belief the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and you are the owner or authorized to act on the owner's behalf.

Knowingly material misrepresentation in a DMCA notice may subject you to liability under 17 U.S.C. § 512(f).

21.2 Counter-Notice

If material you posted has been removed in response to a DMCA notice and you believe the removal was in error, you may submit a counter-notice meeting the requirements of 17 U.S.C. § 512(g).

21.3 Repeat Infringers

The Company will, in appropriate circumstances, terminate the accounts of users found to be repeat infringers.

22. App Store & Google Play Acknowledgments

22.1 iOS — Apple App Store

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

• Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms.
• Maintenance and Support: The Company is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance or support services.
• Warranty: The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.
• Product Claims: The Company, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with HealthKit and HomeKit usage.
• Intellectual Property: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal Compliance: You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Beneficiary: You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

22.2 Android — Google Play Store

If you obtained the App through the Google Play Store, you acknowledge that these Terms are concluded between you and the Company only, and not with Google LLC ("Google"). Use of the App is also subject to Google Play's Terms of Service. Google is not responsible for the App or its content, and the Company — not Google — provides all maintenance, support, and warranty.

23. Export Control & Sanctions

The App may be subject to U.S. export-control laws, including the U.S. Export Administration Act and its associated regulations. You agree not to use, export, re-export, or transfer the App in violation of any applicable export laws or regulations. By using the App, you represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services (including Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, and Luhansk regions); (b) you are not on the U.S. Treasury Department's Specially Designated Nationals (SDN) list, Foreign Sanctions Evaders list, or any other U.S. government denied-persons list; and (c) 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 or obligations hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this section is void. The Company may freely assign these Terms, in whole or in part, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

25. Entire Agreement & No Waiver

These Terms, together with the Privacy Policy and any additional terms expressly referenced herein (including Apple's Standard EULA where applicable), constitute the entire agreement between you and the Company regarding the App, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision. The Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Section headings are for convenience only and have no legal or contractual effect. The terms "include," "includes," and "including" are deemed to be followed by "without limitation."

26. Acknowledgment

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