Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the Body Mode mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and Viperdam ("we", "us", or "our"), the developer and operator of Body Mode.

By tapping "I Agree" or by continuing to use the App after any updates to these Terms, you confirm that you have read, understood, and agree to be bound by these Terms.

2. Description of Service

Body Mode is an AI-powered health and wellness planning application. It provides:

• AI Daily Plan Generation: Gemini-powered personalized daily wellness timelines (meals, workouts, sleep, hydration) that adapt based on your bio-state and real-world context
• Multimodal Food Analysis: Photo, video, and voice-based food recognition with AI nutritional breakdown
• Smart Fridge & Shopping: Scan your fridge/pantry to generate recipes and a smart shopping list
• AI Wellness Coach: Context-aware AI chat assistance for health and fitness guidance
• Automatic Sleep Detection: Hands-free background sleep tracking using sensor fusion
• Bio-State Dashboard: Real-time recovery score, neural battery, stress, and hormonal load indicators
• Floating Overlay Reminders: Time-sensitive wellness prompts delivered directly to your screen
• Health Connect Integration: Reads and writes health data via Google Health Connect
• Body Progress Tracking: AI-assisted body composition analysis and progress photos
• Analytics & Insights: Personalized insights about your health journey over time

Features may vary by platform, device capabilities, and subscription tier. We may add, modify, or remove features with reasonable notice.

3. User Eligibility

You must be at least 16 years old to use Body Mode. Users between 16 and 18 years old must have the consent of a parent or legal guardian. Body Mode is not designed for or directed at children under the age of 16.

By using the App, you represent and warrant that:

• You meet the age requirements stated above
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the App under applicable laws
• All registration information you provide is accurate, current, and complete

4. Account & Registration

4.1 Account Creation

Using Body Mode requires creating an account via Firebase Authentication (email/password or supported OAuth providers). You are responsible for:

• Providing accurate and truthful registration information
• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Keeping your device secured with a PIN, password, or biometric lock

Notify us immediately at viperotterdam@gmail.com if you suspect unauthorized access to your account.

4.2 Account Deletion

You may delete your account at any time. See Section 14 for full details on how to delete your account and what data is removed.

5. Subscription & Billing (Body Mode Pro)

5.1 What Pro Includes

• Ad-free experience (no advertisements)
• Unlimited AI plan generations per day
• Unlimited AI Coach conversations
• Advanced body scan and progress analysis
• Priority Gemini model access (primary model, no fallback degradation)
• Extended plan history and analytics
• All future Pro features as they are released

5.2 Billing & Payment

All payments are processed exclusively through Google Play Billing. We do not collect or store your payment card information. By subscribing, you also agree to Google Play's Terms of Service.

5.3 Cancellation

You may cancel your subscription at any time:

1. Open the Google Play Store app
2. Tap your profile icon → Payments & subscriptions → Subscriptions
3. Find Body Mode Pro and tap Cancel subscription

Cancellation takes effect at the end of the current billing period. You retain Pro access until the period ends. Cancelling does not delete your data.

5.4 Refunds

Refund requests are handled by Google Play according to their refund policy. Within 48 hours of purchase, you may request a refund directly through Google Play. After 48 hours, refund eligibility is at Google's discretion. We have no ability to issue refunds for Google Play purchases directly — contact Google Play support.

5.5 Price Changes

We reserve the right to change subscription prices. We will provide at least 30 days' notice of any price increase via in-app notification and email. If you do not cancel before the new price takes effect, you consent to the new price.

5.6 Free Trial

If a free trial is offered, it will be clearly stated in the subscription offer. Your payment method will be automatically charged the subscription price at the end of the trial period unless you cancel before the trial ends.

6. Free Tier & Advertisements

Body Mode is available at no cost in the free tier. The free tier is supported by advertising served through Google AdMob.

• Advertisements in the free tier are served by Google AdMob and are subject to Google's advertising policies
• We do not use your health data or Health Connect data to target advertisements
• You may opt out of personalized advertising at any time in your Android device settings
• The free tier includes daily limits on certain AI features (plan generations, AI coach queries). These limits are displayed in the app
• Upgrading to Body Mode Pro removes all advertisements and lifts AI usage limits

7. Acceptable Use Policy

You agree to use Body Mode only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App for any illegal or unauthorized purpose
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Submit false, misleading, or fabricated health data to manipulate AI outputs
• Use automated scripts, bots, or other automated means to access or scrape the App or its AI features
• Interfere with or disrupt the App's servers, backend, or infrastructure
• Attempt to gain unauthorized access to any part of the App's systems
• Upload malicious code, viruses, or harmful content
• Abuse the AI features by submitting spam, offensive, or illegal content
• Use AI-generated outputs as a substitute for professional medical advice
• Resell, redistribute, sublicense, or commercially exploit the App without written permission from us
• Register multiple accounts to circumvent free-tier limits
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

Violation of this policy may result in immediate suspension or termination of your account.

8. Medical Disclaimer & Health Information

8.1 Not Medical Advice

All content, AI-generated plans, nutritional estimates, sleep insights, recovery scores, and wellness recommendations provided by Body Mode are for general informational and wellness purposes only. They do not constitute medical advice, and should not be interpreted as such.

8.2 Consult Healthcare Professionals

You must always:

• Consult with a qualified healthcare provider before starting any new diet, exercise, or supplement program, especially if you have a pre-existing medical condition
• Seek immediate emergency medical attention for any health emergency or crisis
• Not make critical health decisions based solely on AI-generated recommendations
• Inform your doctor of any health tracking data if relevant to your medical care

8.3 AI Limitations

AI-generated meal plans, workout routines, and nutritional analyses are approximations based on the data you provide. Their accuracy depends on:

• The accuracy of the health data you input or that is read from Health Connect
• The quality and clarity of food photos submitted for analysis
• The inherent limitations of AI language models (they can make mistakes)

Actual nutritional content, calorie counts, and health outcomes may differ from AI estimates. Body Mode does not guarantee the accuracy of any AI-generated output.

8.4 Assumption of Risk

Physical exercise and dietary changes carry inherent risks. By using Body Mode, you acknowledge these risks and assume full responsibility for any decisions you make based on the App's outputs.

8.5 Emergency Situations

Body Mode is not designed for emergency health situations. If you experience a medical emergency, call your local emergency services immediately. Do not use Body Mode as an emergency tool.

9. Google Health Connect

Body Mode integrates with Google Health Connect to read and write health data on your device. By enabling this integration, you authorize Body Mode to access the specific Health Connect data types listed in our Privacy Policy Section 4.

9.1 Your Consent

Each Health Connect data type requires your explicit consent, which you grant through the Health Connect permission dialog. You may revoke individual data type permissions at any time in Android Settings → Apps → Health Connect → App Permissions → Body Mode.

9.2 Use of Health Connect Data

Health Connect data is used exclusively to generate and refine your personalized wellness plan. We do not use Health Connect data for advertising. We do not sell Health Connect data to any third party. This use complies with the Google Health Connect Developer Policy.

9.3 Data Written to Health Connect

When you log food, hydration, exercise, or sleep data in Body Mode, that data may be written to Health Connect so other apps on your device can access it. You can manage or delete this data in the Health Connect app directly.

10. AI Features & Limitations

Body Mode uses the Google Gemini API to power its AI features. By using any AI feature, you agree that:

• Your input data (health metrics, food photos, voice, profile) will be sent to the Gemini API for processing (see Privacy Policy Section 8.1)
• AI outputs are estimates and suggestions, not guaranteed outcomes
• You will not submit personal data of third parties to the AI features without their consent
• You will not use AI features to generate or seek harmful, illegal, or deceptive content
• The AI may occasionally produce incorrect, incomplete, or outdated information

Body Mode is not liable for decisions you make based on AI-generated content. Always apply your own judgment.

11. Device Permissions

Body Mode requests various device permissions to enable its features. All permissions are listed and explained in Privacy Policy Section 7. Key points:

• All optional permissions can be denied — the app will function in a reduced capacity without them
• The "Draw Over Other Apps" permission is used exclusively for scheduled wellness reminders — not for advertising overlays or deceptive UI tricks
• Background location is used only for sleep detection and plan context — not for continuous tracking or surveillance
• You can review and revoke any permission at any time in Android Settings

12. Third-Party Services

Body Mode relies on the following third-party services to deliver its functionality. Your use of these services is also subject to their respective terms:

We are not responsible for the actions, content, or policies of these third-party providers. If any third-party service becomes unavailable, certain Body Mode features may be degraded or temporarily unavailable.

13. Intellectual Property

13.1 Our Rights

Body Mode and all of its contents — including but not limited to app design, user interface, source code, algorithms, AI prompts, branding, logos, and written content — are owned by Viperdam and protected by applicable intellectual property laws (copyright, trademark, etc.). You may not copy, modify, distribute, sell, or create derivative works from our App without our express written permission.

13.2 Your License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use Body Mode on devices you own or control, solely for your personal, non-commercial wellness tracking purposes.

13.3 Your Data

You retain full ownership of your personal health data at all times. By using the App, you grant us a limited, non-exclusive license to process your data solely to provide the App's services as described in our Privacy Policy. We do not claim ownership of your health data.

13.4 Feedback

If you submit feedback, suggestions, or ideas about Body Mode, you grant us a perpetual, worldwide, royalty-free license to use that feedback to improve the App without any obligation to compensate you.

14. Your Data Rights & Account Deletion

14.1 Account Deletion

You may delete your Body Mode account and all associated data at any time:

1. In the App: go to Settings → Account → Delete Account
2. By emailing viperotterdam@gmail.com with the subject "Account Deletion Request"
3. Via our online form at: body-mode-app.web.app/delete-data

Account deletion is permanent and irreversible. We will process deletion within 30 days of your verified request. Deleting your account does not automatically cancel an active Pro subscription — cancel that separately in Google Play before or after account deletion.

14.2 What Deletion Does

• Removes your Firebase authentication account
• Deletes all Firestore cloud data (plan history, profile, logs) associated with your account
• Anonymizes any crash logs linked to your session
• Firebase Analytics aggregated data cannot be retroactively deleted as it is anonymized
• Local app data on your device is removed when you uninstall the app

14.3 Your GDPR Rights

As described in full in our Privacy Policy Section 12, you have the right to access, rectify, erase, port, restrict, and object to the processing of your personal data under the GDPR. Contact us at viperotterdam@gmail.com to exercise any of these rights. We respond within 30 days.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• Body Mode (the App and all services) is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement
• We do not warrant that the App will be error-free, uninterrupted, secure, or that defects will be corrected
• We do not guarantee the accuracy, completeness, or suitability of any AI-generated content, nutritional information, or health recommendations provided by the App
• We are not liable for any health issues, injuries, illnesses, or physical or psychological harm arising from your use of the App or reliance on its outputs
• We are not liable for data loss due to device failure, user error, or third-party service disruptions
• We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App
• Our total aggregate liability to you for all claims arising under these Terms shall not exceed the amount you paid us for the App in the 12 months preceding the claim

Some jurisdictions (including EU member states) do not allow the exclusion of certain warranties or limitation of certain liabilities. In such jurisdictions, these limitations apply only to the extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Viperdam, its founders, developers, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your violation of these Terms
• Your misuse of the App or any of its AI features
• Your violation of any third-party rights, including intellectual property rights
• Any health or fitness decision you made based on the App's outputs
• Your submission of false or misleading data to the App

17. Service Availability

We strive to maintain high availability for Body Mode's AI backend services, but we do not guarantee uninterrupted access. The App or specific features may be temporarily unavailable due to:

• Scheduled or emergency maintenance
• Technical issues, server failures, or software bugs
• Disruptions to third-party services (Google Gemini API, Firebase, etc.)
• Exceeding API rate limits (the App includes fallback models to mitigate this)
• Force majeure events (natural disasters, government actions, etc.)

We are not liable for any damages or losses arising from service interruptions. Most core tracking features (logging, viewing history) function offline without any AI backend connectivity.

18. Termination

18.1 Termination by You

You may stop using Body Mode at any time by uninstalling the app. To permanently delete your account and data, follow the process in Section 14. If you have an active subscription, cancel it separately in Google Play.

18.2 Termination by Us

We reserve the right to suspend or permanently terminate your access to Body Mode, with or without notice, if:

• You violate these Terms or our Acceptable Use Policy
• You engage in abusive, fraudulent, or illegal behavior
• You attempt to harm the App's infrastructure, systems, or other users
• We are required to do so by law or a valid legal order
• We cease to operate the App (we will provide at least 30 days' notice and offer data export)

Upon termination, your right to use the App ceases immediately. Sections of these Terms that by their nature should survive termination (Sections 8, 13, 15, 16, 20) shall survive.

19. Changes to Terms

We may modify these Terms at any time to reflect changes in our services, applicable law, or business operations. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Send an in-app notification describing the key changes
• For changes that significantly affect your rights, request fresh consent in the App

Your continued use of Body Mode after the effective date of the revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, stop using the App and delete your account.

20. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. As a user in the European Union, you also benefit from the mandatory consumer protection provisions of your country of residence.

20.1 Informal Resolution First

Before filing any formal claim, you agree to first contact us at viperotterdam@gmail.com to attempt to resolve the dispute informally. We will try to respond within 30 days.

20.2 EU Online Dispute Resolution

If you are an EU consumer and we cannot resolve your dispute informally, you may use the EU Online Dispute Resolution platform to settle the dispute.

20.3 Jurisdiction

If a dispute cannot be resolved informally or through the ODR platform, it shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands, without prejudice to any mandatory jurisdiction rules applicable in your country of residence as a consumer.

21. Severability

If any provision of these Terms is found to be unenforceable, invalid, or contrary to applicable law by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions of these Terms will remain in full force and effect.

22. Contact Information

For questions, concerns, or legal requests regarding these Terms of Service:

• Legal enquiries: viperotterdam@gmail.com
• Privacy & data requests: viperotterdam@gmail.com
• Subscription support: Contact Google Play Support (we do not process billing directly)
• Website: body-mode-app.web.app
• Company: Viperdam, Netherlands