PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. INTRODUCTION AND BINDING AGREEMENT

1.1. Preamble and Parties.

This Terms of Service Agreement, inclusive of the Privacy Policy, Community Guidelines, Copyright Policy, and any other supplemental terms, policies, or documents that may be posted on the Services from time to time (collectively, the "Agreement" or "Terms"), constitutes a comprehensive, legally binding, and enforceable contract entered into by and between Macromotion, a sole proprietorship organized, existing, and operating under the laws of the State of Texas, United States, having its principal place of business at 2202 Mcmullin Drive, Euless, Texas 76040 (hereinafter referred to as "Macromotion," "Company," "we," "us," or "our"), and you, the individual user accessing, downloading, installing, or using the Services, or if you are accessing the Services on behalf of a legal entity (such as a corporation, partnership, or limited liability company), that entity (hereinafter referred to as "User," "you," or "your").

1.2. Scope of Services.

These Terms govern your access to, interaction with, and use of the Company's digital ecosystem, which includes, without limitation:

• (a) The Macromotion mobile software application available for download on iOS (Apple App Store), Android (Google Play Store), and any other mobile operating systems or digital distribution platforms (the "App");
• (b) The website located at [Insert URL] and all corresponding subdomains, web pages, portals, web-based applications, and browser extensions (the "Site");
• (c) Any and all Artificial Intelligence features, machine learning models, and automated decision-making systems, including but not limited to the "River" AI Nutritionist chatbot, the "Detailed Analysis" health reporting tools, computer vision scanning tools for food recognition, voice logging and transcription systems, and algorithmic scoring engines (collectively, the "AI Services");
• (d) The proprietary food database, nutritional data compilation, "Food Quality Scores," "NOVA" classification systems, and Total Daily Energy Expenditure (TDEE) calculation engines (the "Database"); and
• (e) All other related services, features, content, media, software, updates, patches, bug fixes, upgrades, and functionalities offered by the Company now or in the future (collectively with the App, Site, AI Services, and Database, the "Services").

1.3. Acceptance and Binding Effect.

BY CLICKING "I AGREE," "ACCEPT," "SIGN UP," "CREATE ACCOUNT," "LOG IN," "GET STARTED," OR BY DOWNLOADING, INSTALLING, ACCESSING, BROWSING, OR USING THE SERVICES IN ANY MANNER WHATSOEVER, YOU EXPRESSLY ACKNOWLEDGE, REPRESENT, WARRANT, AND COVENANT THAT:

• (A) YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY;
• (B) YOU FULLY UNDERSTAND THE TERMS, CONDITIONS, COVENANTS, WAIVERS, RELEASES, AND OBLIGATIONS SET FORTH HEREIN;
• (C) YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT; AND
• (D) YOU AGREE TO BE BOUND BY THIS AGREEMENT AS A LEGALLY ENFORCEABLE CONTRACT.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING, INSTALLING, OR USING THE SERVICES, AND YOU MUST IMMEDIATELY UNINSTALL THE APP, CEASE ALL USE OF THE SERVICES, AND DESTROY ANY COPIES OF MATERIALS OBTAINED FROM THE SERVICES.

1.4. Electronic Signature and Communications.

You acknowledge and agree that your acceptance of these Terms electronically carries the same legal force and effect as a physical handwritten signature. You hereby consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

1.5. Modifications to Terms.

Macromotion reserves the right, in its sole and absolute discretion, to change, modify, add, amend, or remove portions of these Terms at any time and for any reason, including but not limited to legal, regulatory, technical, or business changes. If we make material changes, we will notify you by updating the "Last Updated" date at the top of these Terms, and in some cases, we may provide you with additional notice (such as adding a statement to our homepage, sending you a notification within the App, or sending an email to the address associated with your Account). Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. It is your responsibility to check these Terms periodically for changes. If you do not agree to the modified Terms, you must stop using the Services immediately.

2. DEFINITIONS AND INTERPRETATION

To ensure unambiguous interpretation of this Agreement, the following capitalized terms shall have the specific meanings ascribed to them below:

• "Account" means the unique, personalized user profile, dashboard, and data repository created by you or on your behalf to access the Services, secured by your Login Credentials.
• "Affiliate" means any entity that, directly or indirectly, controls, is controlled by, or is under common control with the Company, where "control" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.
• "AI Hallucination" means a phenomenon where a Large Language Model (LLM), generative AI system, or computer vision algorithm generates output that is factually incorrect, nonsensical, fabricated, or unrelated to the input context, yet is presented with high confidence or plausibility.
• "Anonymized Data" means data that has been processed, aggregated, or de-identified to remove personally identifiable information such that the data cannot reasonably be linked to, associated with, or used to identify a specific individual.
• "Content" means any and all text, graphics, images, music, software, audio, video, information, data, nutritional values, food database entries, recipes, meal plans, works of authorship, scripts, code, interactive features, and other materials available on or through the Services.
• "Device" means any mobile device, tablet, computer, wearable technology, or other hardware used to access or use the Services.
• "Dispute" means any controversy, claim, action, lawsuit, or proceeding arising out of or related to this Agreement, the Services, or the relationship between the Parties.
• "Feedback" means any suggestions, ideas, enhancement requests, recommendations, bug reports, comments, or other information provided by you or any other party relating to the Services.
• "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
• "Login Credentials" means the username, password, biometric data, OAuth tokens, API keys, or other authentication methods used to verify your identity and access your Account.
• "Macromotion Content" means all Content that is owned, controlled, licensed, or created by the Company, excluding User-Generated Content.
• "User-Generated Content" (UGC) means any Content that you post, upload, publish, submit, transmit, input, or otherwise make available through the Services, including but not limited to food logs, photographs of meals, voice recordings, chat messages with the AI, recipe creations, weight history, biometric data, and profile information.
• "Premium Service" means any portion of the Services that requires a paid subscription, one-time payment, or other fee to access.
• "Third-Party Services" means any services, applications, websites, content, or resources provided by third parties (including but not limited to Google, Apple, Supabase, Sentry, and Amplitude) that interact with, are integrated into, or are linked from the Services.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1. Age Requirement.

The Services are not intended for, and may not be used by, children under the age of 13. By using the Services, you represent and warrant that you are at least 13 years of age. If you are between the ages of 13 and the age of majority in your jurisdiction of residence (typically 18), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. If you are under 13, you are strictly prohibited from using the Services. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible.

3.2. Jurisdictional Eligibility.

You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List. You further represent that your use of the Services will comply with all applicable local, state, national, and international laws, rules, and regulations.

3.3. Account Creation and Registration Data.

In order to access certain features of the Services, you must register an Account. You agree to provide accurate, current, and complete information during the registration process (including your height, weight, age, gender, and activity level, which are necessary for TDEE calculations and AI analysis) and to update such information to keep it accurate, current, and complete. You agree that you will not select or use a username that is the name of, or makes reference to, another person or entity for the purposes of impersonating that person or entity, or that is offensive, vulgar, obscene, or violates the rights of any third party.

3.4. Account Security and Confidentiality.

You are solely responsible for maintaining the confidentiality of your password and account credentials (managed via Supabase Auth) and are fully responsible for all activities that occur under your password or account. You agree to: (a) use a strong password and keep it confidential; (b) not transfer your Account to another person; and (c) immediately notify us of any unauthorized use of your password or account or any other breach of security. Macromotion cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or from any unauthorized access to your Account.

3.5. One Account Per Person.

You agree to create only one Account for your own personal use. You agree not to share your Account or Login Credentials with others. You may not transfer your Account to anyone else without our prior written permission. Any attempt to create multiple accounts to bypass bans, rate limits, or restrictions is a material breach of this Agreement.

3.6. Termination of Account.

We reserve the right to suspend, disable, or terminate your Account and your access to the Services at any time, for any reason, or for no reason, in our sole and absolute discretion, without notice or liability to you. Reasons for termination may include, but are not limited to: (a) violation of these Terms or the Community Guidelines; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification of the Services; (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; or (f) engagement in fraudulent or illegal activities.

3.7. Data Retention Upon Termination.

You acknowledge and agree that upon deletion of your Account, your personal data will be removed from our active production databases. However, you explicitly acknowledge and agree that your data may persist in encrypted, secure backups for a period of up to thirty (30) days solely for the purpose of disaster recovery, data integrity, and legal compliance, after which it will be permanently overwritten. This retention is a technical necessity of our database infrastructure and is not used for active processing.

4. GRANT OF LICENSE AND INTELLECTUAL PROPERTY

4.1. Limited License to User.

Subject to your strict, continuous, and full compliance with these Terms and all applicable laws, Macromotion hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• (a) Access and use the Services solely for your personal, non-commercial use;
• (b) Download and install a copy of the App on a mobile device that you own or control; and
• (c) Access and use the Content and AI Services solely as permitted by the functionality of the Services.

4.2. Reservation of Rights.

This Agreement grants you a license, not a transfer of title. All rights not expressly granted to you in this Agreement are reserved by Macromotion. You acknowledge and agree that the Services, including the App, Site, AI Services, Database, and all Intellectual Property Rights therein, are the exclusive property of Macromotion and its licensors. The structure, organization, and code of the Services are valuable trade secrets and confidential information of Macromotion.

4.3. Restrictions on Use.

You expressly agree that you shall not, nor shall you authorize, encourage, or facilitate any third party to:

• (a) License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, host, outsource, disclose, or otherwise commercially exploit the Services or make the Services available to any third party;
• (b) Modify, make derivative works of, disassemble, reverse compile, reverse engineer, or attempt to derive the source code, algorithms, or underlying structure of any part of the Services, including the App's source code, the AI algorithms, or the TDEE calculation logic;
• (c) Access the Services in order to build a similar or competitive product, service, or database;
• (d) Scrape, crawl, spider, index, or otherwise automatically collect data from the Services, including the food database, nutritional values, or user profiles, for any purpose whatsoever, including but not limited to training machine learning models, large language models (LLMs), or creating competing databases;
• (e) Use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including laws regarding data privacy and intellectual property;
• (f) Harass, threaten, demean, embarrass, bully, or cause distress to any other user of the Services;
• (g) Upload, transmit, or distribute any viruses, worms, Trojan horses, time bombs, cancelbots, spiders, malware, ransomware, or other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
• (h) Attempt to gain unauthorized access to the Services, other user accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means;
• (i) Use the Services to generate unsolicited email advertisements, spam, chain letters, or other forms of solicitation;
• (j) Use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• (k) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services; or
• (l) Interfere with or disrupt the integrity or performance of the Services or the data contained therein.

4.4. User Content License.

By posting, uploading, inputting, providing, or submitting your User Content, you grant Macromotion, its affiliated companies, and necessary sublicensees a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. SPECIFICALLY, YOU GRANT US THE RIGHT TO USE YOUR ANONYMIZED FOOD LOGS, PHOTOS, AND NUTRITION DATA TO TRAIN, IMPROVE, VALIDATE, AND FINE-TUNE OUR ARTIFICIAL INTELLIGENCE MODELS, ALGORITHMS, AND FOOD DATABASES. You represent and warrant that you own or otherwise control all of the rights to the User Content that you submit; that the User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Macromotion for all claims resulting from User Content you supply.

4.5. Feedback.

You acknowledge and agree that any Feedback provided by you to the Company shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. You hereby assign to the Company all right, title, and interest in and to the Feedback, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.

5. MEDICAL DISCLAIMERS, SAFETY WARNINGS, AND ASSUMPTION OF RISK

WARNING: THE SERVICES ARE NOT A MEDICAL DEVICE. THIS SECTION CONTAINS CRITICAL LIMITATIONS ON OUR LIABILITY REGARDING YOUR HEALTH AND SAFETY. PLEASE READ CAREFULLY.

5.1. No Medical Advice or Professional Healthcare Services.

The Services, including but not limited to the "River" AI Nutritionist, "Detailed Analysis" reports, "Food Quality Scores," "Macro Coach" adjustments, "TDEE Calculator," and all other Content, are provided for informational, educational, and recreational purposes only. The Company is NOT a medical organization, healthcare provider, hospital, or medical device manufacturer. Nothing contained in the Services should be construed as medical advice, medical diagnosis, or medical treatment. The information and AI-generated insights provided by the Services should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You acknowledge and agree that the Company does not provide medical advice, diagnosis, or treatment, and that no doctor-patient relationship is created between you and the Company or its employees, agents, or AI systems.

5.2. Mandatory Consultation with Physician.

You expressly agree that before beginning any diet, nutrition plan, intermittent fasting regimen, exercise program, or weight loss effort using the Services, you will consult with a qualified physician or healthcare professional. This is particularly critical if you are pregnant, nursing, elderly, under 18 years of age, or have any pre-existing medical conditions, including but not limited to diabetes, hypoglycemia, hypertension, cardiovascular disease, kidney disease, gastrointestinal disorders, or a history of eating disorders. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES.

5.3. Assumption of Risk.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES, INCLUDING YOUR ADHERENCE TO ANY DIETARY RECOMMENDATIONS, FASTING SCHEDULES, OR CALORIC TARGETS SUGGESTED BY THE APP OR ITS AI FEATURES, INVOLVES INHERENT AND SIGNIFICANT RISKS OF BODILY INJURY, METABOLIC IMBALANCE, PSYCHOLOGICAL DISTRESS, ORGAN FAILURE, AND DEATH. YOU HEREBY VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, ERRORS, OR OMISSIONS OF THE COMPANY OR ITS AI SYSTEMS.

5.4. Eating Disorders and Mental Health Prohibition.

The Services include features such as calorie counting, weight logging, macronutrient targets, and "Food Quality Grading" (Red/Green scores) that may be triggering or harmful to individuals with a history of eating disorders or disordered eating patterns. IF YOU HAVE A HISTORY OF EATING DISORDERS, INCLUDING BUT NOT LIMITED TO ANOREXIA NERVOSA, BULIMIA NERVOSA, OR ORTHOREXIA, YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICES. By accessing the Services, you represent and warrant that you do not have a history of eating disorders. The Company is not responsible for any psychological distress, relapse, development of disordered eating patterns, or body dysmorphia resulting from your use of the Services.

5.5. Fasting Safety and "Dry Fasting" Prohibition.

The Services provide tools for tracking intermittent fasting windows. You acknowledge that fasting can be dangerous for certain individuals. YOU AGREE THAT "DRY FASTING" (ABSTAINING FROM WATER AND FLUIDS) IS DANGEROUS AND STRICTLY PROHIBITED IN CONJUNCTION WITH THE USE OF OUR SERVICES. You agree to maintain proper hydration at all times during any fasting window and to immediately cease fasting and seek medical attention if you experience dizziness, faintness, palpitations, confusion, or other adverse symptoms. We are not liable for any injury, health problem, or death arising from your use of the fasting timer.

5.6. TDEE and Macro Coach Algorithm Limitations.

The "Auto TDEE" (Total Daily Energy Expenditure) and "Macro Coach" features utilize mathematical algorithms and statistical models (such as the Mifflin-St Jeor equation) combined with your self-reported weight and intake data to estimate your energy expenditure and suggest calorie adjustments. You acknowledge that these are statistical estimates only and cannot account for your individual metabolic adaptation, hormonal imbalances, medication effects, or genetic factors. Furthermore, you acknowledge that the accuracy of these algorithms is entirely dependent on the accuracy of the data you input. IF YOU FAIL TO LOG FOOD ACCURATELY (E.G., LOGGING 0 CALORIES FOR MULTIPLE DAYS WHILE ACTUALLY EATING), THE ALGORITHM MAY ERRONEOUSLY CALCULATE A DANGEROUSLY LOW CALORIE TARGET. You agree that you are solely responsible for reviewing and approving any calorie target before adhering to it, and we are not liable for any health consequences resulting from algorithmic errors or data input errors. You further agree not to set a weight loss goal exceeding 1% of your body weight per week, as rapid weight loss can be hazardous.

5.7. Accuracy of Nutritional Data.

The Company's food database is comprised of data from various sources, including the USDA, OpenFoodFacts, and User-Generated Content. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY NUTRITIONAL DATA. Food manufacturers frequently change formulations, and user-generated entries may contain errors. You agree that you are solely responsible for verifying the nutritional content of foods you consume against the actual product packaging. The Company disclaims all liability for allergic reactions or health issues caused by inaccurate data in the food database.

6. ARTIFICIAL INTELLIGENCE (AI) SPECIFIC TERMS AND LIMITATIONS

6.1. Nature of AI Technology.

The Services utilize advanced third-party Large Language Models (LLMs), generative AI technologies, and computer vision systems, including but not limited to Google Gemini (Flash/Pro Vision), to provide features such as meal scanning, voice logging, and conversational assistance. You acknowledge and agree that AI is an evolving, experimental technology that operates on probabilistic models, not deterministic facts.

6.2. AI Hallucinations and Errors.

You acknowledge that AI systems are prone to "AI Hallucinations," which are confident responses that are factually incorrect, fabricated, nonsensical, or misleading. The AI may:

• (a) Misidentify a non-food object as food (e.g., identifying a rock as a potato);
• (b) Invent nutritional values for a custom recipe that are biologically impossible;
• (c) Cite non-existent medical studies or nutritional guidelines;
• (d) Misinterpret voice commands (e.g., transcribing "1 cup of milk" as "1 cup of silk"); or
• (e) Generate a recipe that contains dangerous combinations of ingredients.

YOU AGREE TO VERIFY ALL AI-GENERATED OUTPUTS, INGREDIENTS, AND PORTION SIZES AGAINST VERIFIED SOURCES BEFORE RELYING ON THEM. The Company is not liable for any errors, omissions, or damages resulting from AI Hallucinations.

6.3. Contextual Amnesia and "River" Memory Limitations.

You acknowledge that the "River" AI feature operates with a limited "context window" (short-term memory). While the AI may appear to remember preferences or details from previous interactions, it may inadvertently "forget," flush, or lose access to critical context, including previously disclosed allergies, medical conditions, or dietary restrictions, especially in long conversations or between sessions. YOU AGREE THAT YOU MUST TREAT EVERY INTERACTION WITH THE AI AS IF IT IS UNAWARE OF YOUR MEDICAL HISTORY OR ALLERGIES. We expressly disclaim liability for any advice given by the AI that contradicts your previously stated preferences or medical needs due to context window limitations. For example, if you tell River you are vegan, and three weeks later it suggests a steak recipe because the context was reset, we are not liable for this error.

6.4. Specific Disclaimer Regarding "Additive" AI Logic.

You acknowledge that the App's AI architecture (specifically the "River" and "Detailed Analysis" features) utilizes an "additive" logic philosophy, designed to recommend the inclusion of nutrient-dense foods to your diet (e.g., "Add more spinach for iron"). YOU EXPRESSLY ACKNOWLEDGE THAT THE AI SYSTEMS DO NOT HAVE ACCESS TO, AND DO NOT CONSIDER, YOUR COMPLETE MEDICAL HISTORY, GENETIC PROFILE, MEDICATIONS, OR SPECIFIC PHYSIOLOGICAL CONDITIONS. Consequently, the AI may recommend foods that are contraindicated for your specific health situation. For example:

• (a) The AI may recommend high-oxalate foods (like spinach) to a user with kidney stones;
• (b) The AI may recommend high-potassium foods (like bananas) to a user with chronic kidney disease;
• (c) The AI may recommend high-FODMAP foods to a user with Irritable Bowel Syndrome (IBS); or
• (d) The AI may recommend foods containing allergens (like nuts or soy) to a user with specific allergies.

YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT ANY FOOD, RECIPE, OR DIETARY CHANGE RECOMMENDED BY THE AI IS SAFE FOR YOUR SPECIFIC HEALTH SITUATION. The Company expressly disclaims any and all liability for adverse health reactions, allergic reactions, interactions with medications, or medical complications arising from your reliance on AI-generated dietary suggestions.

6.5. Rate Limiting and Service Availability.

You acknowledge that certain AI features, including the "Detailed Weekly Analysis" and "River" chat, are computationally expensive and are subject to strict rate limits (e.g., one detailed analysis every 6 hours, or a cap on chat messages per day). You agree that these limits are a core part of the Service and do not constitute a failure of delivery, a breach of contract, or grounds for a refund. We reserve the right to modify these limits at any time without notice to manage server load and costs.

6.6. Use of User Content for AI Training.

By using the AI Features, you acknowledge and agree that your anonymized inputs (including text chats, food logs, and image data converted to Base64 strings) may be processed by our third-party AI providers (e.g., Google) to generate responses. While we utilize paid/enterprise tiers that generally preclude the use of your data for training public models, you acknowledge that the Company may use your anonymized User-Generated Content internally to fine-tune, train, validate, and improve our proprietary algorithms and models.

7. FOOD QUALITY SCORING, NOVA FRAMEWORK, AND DATABASE

7.1. Algorithmic Opinions and Subjective Scoring.

The "Food Quality Score," "Nutrition Grade," "Processing Level," and "Ingredient Quality Score" displayed within the Services are subjective algorithmic opinions generated by our proprietary systems and third-party AI. These scores are based on specific theoretical frameworks, including the NOVA Classification System for food processing and internal nutrient density logic. You acknowledge and agree that a "Grade E," "Poor," "Red," or "Ultra-Processed" label represents Macromotion's opinion on the nutritional density and processing level of a product relative to whole foods. IT IS NOT A STATEMENT OF FACT THAT THE PRODUCT IS UNSAFE, CONTAMINATED, TOXIC, ILLEGAL TO SELL, OR IN VIOLATION OF FDA, USDA, EFSA, OR OTHER GOVERNMENTAL REGULATIONS.

7.2. Jurisdictional Variations in Additive Safety.

The Services may flag certain additives, preservatives, or ingredients as "Risky" or "Avoid" based on international scientific literature (e.g., standards set by the European Food Safety Authority or independent studies) even if such ingredients are approved for consumption in your local jurisdiction (e.g., by the United States Food and Drug Administration). You agree that these risk assessments are for informational purposes only and do not constitute legal or regulatory advice regarding the safety or legality of a food product. You acknowledge that scientific consensus on nutrition changes frequently, and our data may not reflect the most current research.

7.3. Trade Libel Waiver.

You agree that these scores are for your personal information only. You agree not to use these scores to disparage manufacturers, file lawsuits against food companies, or for any commercial purpose. You acknowledge that the Company does not guarantee the relevance, accuracy, or completeness of the risk evaluations associated with ingredients.

7.4. User-Generated Database Entries.

The food database accessible through the Services contains entries created by other users ("Community Foods"). We do not verify the accuracy, safety, or nutritional correctness of user-generated food entries. You agree that you access and use such entries at your own risk and that we are not responsible for any errors, omissions, mislabeling, or inaccuracies in nutritional data provided by other users.

7.5. Offline Data and Caching Risks.

The Services utilize local storage (AsyncStorage) to cache food and nutrition data on your device for offline performance. You acknowledge that if you use the Services offline or in areas with poor connectivity, you may be viewing cached data that is outdated, incorrect, or superseded. Product formulations change frequently (e.g., a manufacturer may add a new allergen to a recipe). We are not responsible for any discrepancies between cached data displayed in the App and the actual product packaging. ALWAYS READ THE PHYSICAL LABEL ON THE PRODUCT BEFORE CONSUMPTION.

7.6. Manufacturer Disputes and Data Correction.

If you are a food manufacturer and believe a "Food Quality Score" or nutritional data point is factually incorrect, you agree to the following dispute resolution procedure:

• (a) Notice: You must submit a formal "Data Correction Request" to macrotionnutrition@gmail.com accompanied by verifiable laboratory data or official regulatory documentation.
• (b) Review: The Company reserves the right to review the data. If the score is based on a subjective framework (such as NOVA or the Precautionary Principle regarding additives), the Company reserves the right to maintain its opinion.
• (c) Waiver of Litigation: BY SUBMITTING A PRODUCT TO OUR DATABASE OR DISPUTING A SCORE, YOU AGREE TO WAIVE ANY RIGHT TO SUE MACROMOTION FOR TRADE LIBEL, DEFAMATION, TORTIOUS INTERFERENCE, OR UNFAIR COMPETITION REGARDING OUR ALGORITHMIC SCORING OF YOUR PRODUCTS.

8. SUBSCRIPTIONS, PAYMENTS, AND BILLING

8.1. Premium Services.

Macromotion offers certain enhanced features of the Services, including but not limited to the "Detailed Analysis," unlimited AI chat, advanced charting, and ad-free browsing, for a fee (collectively, "Premium Services"). By signing up for and using the Premium Services, you agree to pay any fees, taxes, and other charges that apply to the Premium Services.

8.2. Billing via App Stores.

You acknowledge and agree that all billing and transaction processes for the Premium Services are handled by the third-party application store from which you downloaded the App (e.g., Apple App Store or Google Play Store) (the "App Provider"). Macromotion does not process payments, store credit card details, or have access to your billing information. Your subscription is subject to the terms and conditions of the applicable App Provider.

8.3. Automatic Renewal.

Unless otherwise stated, subscriptions to Premium Services will automatically renew at the end of the applicable subscription period (e.g., monthly or annually) unless you cancel your subscription at least 24 hours before the end of the current period. You authorize the App Provider to charge your payment method for the renewal term. You must cancel your subscription through the App Provider's settings menu; deleting the App or your Account does not cancel your subscription.

8.4. No Refunds.

ALL PURCHASES ARE FINAL AND NON-REFUNDABLE. Because the Services are digital in nature and performance begins immediately upon access, we do not provide refunds for any partial subscription periods, unused Services, or accidental purchases. All refund requests must be directed to the Apple App Store or Google Play Store and are subject to their respective refund policies. We have no ability to issue refunds directly for purchases made through App Stores.

8.5. Price Changes.

We reserve the right to change the pricing for subscriptions at any time. Any price changes will take effect at the start of the next subscription period following the date of the price change. We will communicate any price changes to you in accordance with the App Store's policies. If you do not agree with the price change, you have the right to reject the change by unsubscribing from the Premium Service prior to the price change going into effect.

8.6. Rate Limits on Premium Features.

You acknowledge that certain Premium features, including the "Detailed Weekly Analysis" and "River" chat, are computationally expensive and are subject to strict rate limits (e.g., one detailed analysis every 6 hours, or a cap on chat messages per day) to manage server load and costs. You agree that these limits are a core part of the Service and do not constitute a failure of delivery, a breach of contract, or grounds for a refund. We reserve the right to modify these limits at any time without notice.

9. COMMUNITY GUIDELINES AND ACCEPTABLE USE POLICY

9.1. Zero Tolerance for Harassment.

The Company maintains a strict, zero-tolerance policy for harassment, bullying, abuse, and hate speech. You acknowledge that the Company has the right, but not the obligation, to monitor User-Generated Content (including public recipe comments, community chats, and profile information). We reserve the right to immediately terminate the Account of any User who engages in the following prohibited conduct:

• (a) Bullying and Harassment: Engaging in targeted attacks against another user; inciting others to target a user; making threats of violence; sending repeated unwanted messages; or using the Services to stalk or intimidate others.
• (b) Hate Speech: Posting content that promotes violence, discrimination, or hatred against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, age, or veteran status.
• (c) Doxxing: Publishing the private personal information of another person (such as their home address, phone number, email, or workplace) without their express consent.
• (d) Trolling: Deliberately posting inflammatory, extraneous, or off-topic messages in an online community with the primary intent of provoking readers into an emotional response or disrupting normal on-topic discussion.
• (e) Spam and Scams: Posting unsolicited commercial advertisements, chain letters, pyramid schemes, or fraudulent offers; or using the Services to distribute malware, phishing links, or other harmful code.
• (f) Impersonation: Pretending to be another person, entity, or representative of Macromotion in a misleading or deceptive manner.

9.2. Content Moderation Rights.

We reserve the sole and absolute discretion to:

• (a) Remove, edit, redact, or block any User-Generated Content that we determine, in our sole judgment, violates these Terms or is otherwise objectionable;
• (b) Ban specific IP addresses, device IDs, or email domains from accessing the Services; and
• (c) Report illegal content (such as child exploitation material, credible threats of violence, or promotion of terrorism) to law enforcement authorities without prior notice to you.

9.3. No Liability for User Interactions.

You are solely responsible for your interactions with other users. We are not liable for the conduct of any user, nor are we liable for any injury, emotional distress, or damages resulting from your interactions with other users, whether online or offline. We disclaim all liability for defamatory, offensive, or illegal conduct of any third party.

10. THIRD-PARTY SERVICES AND DATA SHARING

10.1. Third-Party Integrations.

The Services integrate with, rely on, and share data with third-party platforms, software development kits (SDKs), and service providers (collectively, "Third-Party Services"), including but not limited to:

• Supabase: For database hosting, authentication, and backend infrastructure (hosted in the US East Region).
• Google Gemini (Vertex AI): For Artificial Intelligence processing of text, images, and voice data.
• Google AdMob: For the delivery of advertising content.
• Amplitude: For user behavior analytics and product improvement.
• Sentry: For crash reporting and error tracking.
• Apple HealthKit / Google Health Connect: For reading and writing health data (e.g., sleep, active energy).

10.2. No Control Over Third Parties.

You acknowledge and agree that Macromotion does not control these Third-Party Services and is not responsible for their content, accuracy, uptime, security, privacy practices, or opinions. These Third-Party Services are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. Inclusion of any linked website or Third-Party Service on the Services does not imply approval or endorsement of the linked website or service by us.

10.3. No Liability for Third-Party Failures.

We are not liable for any data breach, service outage, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, occurring on the servers or systems of any Third-Party Service. For example, if Supabase experiences a data loss event, or if Google Gemini provides incorrect data, Macromotion is not liable for the resulting damages.

10.4. Apple HealthKit and Google Health Connect.

If you choose to integrate the App with Apple HealthKit or Google Health Connect, you acknowledge that we access this data solely to provide App functionality (e.g., displaying your sleep data or calculating TDEE). We are not responsible for the accuracy of data provided by these health frameworks, nor are we responsible for any corruption or loss of your health data stored within those frameworks.

10.5. Advertising.

The Services may contain advertisements served by third parties (e.g., Google AdMob). Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services complies with all applicable laws and regulations. We are not responsible for any error or inaccuracy in advertising material.

11. DISCLAIMER OF WARRANTIES

11.1. "As Is" and "As Available".

THE SERVICES, INCLUDING THE APP, SITE, AI FEATURES, DATABASE, AND ALL CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MACROMOTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• (B) WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;
• (C) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
• (D) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT, AI OUTPUT, OR NUTRITIONAL DATA.

11.2. No Guarantee of Results.

WE DO NOT WARRANT OR GUARANTEE THAT USE OF THE SERVICES WILL RESULT IN WEIGHT LOSS, WEIGHT GAIN, IMPROVED HEALTH, OR ANY OTHER SPECIFIC PHYSICAL OR MENTAL OUTCOME. YOUR RESULTS MAY VARY BASED ON NUMEROUS FACTORS BEYOND OUR CONTROL.

11.3. Beta Features.

FROM TIME TO TIME, WE MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES ARE FOR EXPERIMENTAL PURPOSES AND ARE WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OUR SOLE DISCRETION.

12. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE LIABILITY OF MACROMOTION TO YOU.

12.1. Disclaimer of Consequential Damages.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MACROMOTION, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OFFICERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• (A) LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES;
• (B) LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION;
• (C) COMPUTER FAILURE OR MALFUNCTION;
• (D) PHYSICAL INJURY, EMOTIONAL DISTRESS, PAIN AND SUFFERING, OR DEATH; OR
• (E) ANY OTHER DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2. Specific Liability Waivers.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL LIABILITY FOR ANY DAMAGES OR LOSSES ARISING FROM:

• (A) MEDICAL ISSUES: ANY INJURY, HEALTH PROBLEM, OR DEATH ARISING FROM YOUR USE OF THE TDEE CALCULATOR, FASTING TIMER, MACRO COACH, OR ANY DIETARY CHANGES MADE BASED ON THE APP.
• (B) FOOD SAFETY: ANY ALLERGIC REACTION, FOOD POISONING, OR ILLNESS CAUSED BY INACCURATE FOOD DATA (WHETHER FROM USDA, OPENFOODFACTS, OR AI GENERATION) OR UNSAFE RECIPES.
• (C) AI ERRORS: ANY FAILURE OF THE AI TO "REMEMBER" YOUR DIETARY RESTRICTIONS, MEDICAL CONTEXT, OR PREFERENCES, OR ANY "HALLUCINATIONS" OR INCORRECT ADVICE PROVIDED BY THE AI.
• (D) SCORING RELIANCE: ANY RELIANCE ON THE "FOOD QUALITY SCORE," "NOVA" CLASSIFICATION, OR "RED/GREEN" GRADING SYSTEMS.
• (E) DATA LOSS: ANY LOSS OF YOUR FOOD LOGS, WEIGHT HISTORY, OR STREAKS DUE TO ACCOUNT DELETION, SERVER FAILURE, OR SERVICE INTERRUPTION.
• (F) THIRD PARTIES: THE CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDER OR OTHER USER OF THE SERVICES.

12.3. Monetary Cap.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF:

• (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING; OR
• (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

12.4. Jurisdictional Limits.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. INDEMNIFICATION

13.1. Indemnity.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• (a) Your use of the Services;
• (b) Your User Content;
• (c) Your violation of these Terms;
• (d) Your violation of any rights of a third party, including but not limited to intellectual property rights or privacy rights;
• (e) Your violation of any applicable laws, rules, or regulations; or
• (f) Any overt harmful act toward any other user of the Services with whom you connected via the Services.

13.2. Defense Control.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

14. COPYRIGHT INFRINGEMENTS (DMCA)

14.1. Notification.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

14.2. Procedure.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

15. DISPUTE RESOLUTION AND ARBITRATION

15.1. Binding Arbitration.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules").

15.2. Venue and Jurisdiction.

The arbitration shall take place in Tarrant County, Texas. The laws of the State of Texas shall govern these Terms and any disputes, without regard to conflict of law principles.

15.3. Class Action Waiver.

THE PARTIES AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN THE PARTIES INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW:

• (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING;
• (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
• (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

15.4. Exceptions to Arbitration.

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

• (a) Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
• (b) Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
• (c) Any claim for injunctive relief.

16. MISCELLANEOUS PROVISIONS

16.1. Entire Agreement.

These Terms, together with the Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Macromotion concerning the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Macromotion.

16.2. Severability.

If any provision of these Terms is held to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

16.3. No Waiver.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4. Assignment.

We may assign any or all of our rights and obligations to others at any time. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

16.5. Force Majeure.

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.

17. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Macromotion
2202 Mcmullin Drive
Euless, Texas 76040
United States
Email: macrotionnutrition@gmail.com