Terms of Use

1. Acceptance of Terms

1.1 By creating an account, subscribing, or otherwise using the App, you accept and agree to these Terms and our Privacy Policy (link here).

1.2 We may modify these Terms at any time. When we do, we will provide notice (e.g., via in-app pop-up). If you do not accept the modified Terms, you must stop using the App; otherwise, continued use signifies acceptance.

1.3 These Terms apply to all users, including free trial users, paid subscribers, and guests (if any).

2. Eligibility & User Accounts

2.1 You must be at least 13 years old to use the App. If you are under 13, you may not create an account.

2.2 You must provide accurate, current, and complete information when you register. You may not share your account with others; it is for your personal use only.

2.3 You are responsible for maintaining the security of your account credentials and for any activity that occurs under your account.

2.4 You may delete your account by contacting us at hello@fitnibz.com. Deletion terminates your access; see Section 12 for termination effects.

3. Subscription, Payments & Refund Policy

3.1 The App offers paid subscription access. Payment will be processed through third-party services (e.g., Apple Pay, Google Pay, Stripe, SuperWall).

3.2 Billing occurs at the selected cadence (monthly, yearly) and auto-renews until you cancel.

3.3 You may cancel your subscription by emailing hello@fitnibz.com. Your access remains until the end of the current paid period.

3.4 Refunds will not be granted after a charge has been made, except as required by applicable law.

3.5 We reserve the right to change pricing or subscription terms. If we do so, we will give notice, and you may cancel before the new terms apply.

4. License & Intellectual Property

4.1 We grant you a limited, non-exclusive, non-transferable license to use the App for your personal, non-commercial use in accordance with these Terms.

4.2 All content, features, and functionality (including but not limited to the App's design, text, logos, trademarks, software, and underlying technology) are our property or licensed to us, and are protected by copyright, trademark and other intellectual property laws.

4.3 You may not reproduce, distribute, publicly display, modify, create derivative works of, reverse engineer, decompile, disassemble, or attempt to extract source code from the App, except as permitted by law.

5. User-Submitted Content & Comments

5.1 You may post comments, ratings or other content ("User Content") in areas of the App designated for such.

5.2 By submitting User Content you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, translate, distribute and display such User Content in connection with the App and our business.

5.3 You retain any ownership rights you may have in your User Content, subject to the license to us above.

5.4 You are solely responsible for your User Content. You agree not to submit any unlawful, offensive, harmful, infringing or spam content (including links). We reserve the right to remove or disable User Content that violates these Terms or is reported by other users.

5.5 We do not undertake proactive moderation of all User Content, but may remove or restrict at our discretion.

6. Acceptable Use & Prohibited Conduct

6.1 You agree to use the App only for lawful purposes and in accordance with these Terms.

6.2 Prohibited activities include (but are not limited to):

• Reverse engineering, decompiling or hacking the App or its components;
• Scraping, mining or extracting data from the App;
• Impersonating any person or entity, or misrepresenting your affiliation;
• Transmitting spam, unsolicited advertising or other forms of solicitation;
• Posting or transmitting unlawful, abusive, offensive, defamatory or harmful content;
• Interfering with or disrupting the App, servers, networks or other users;
• Using the App in a way that violates local laws or export control rules.

6.3 We reserve the right to suspend or terminate your account and access for violation of these Terms, or for any reason in our discretion.

7. Disclaimer of Warranties

THE APP AND ALL INFORMATION, CONTENT, MATERIALS, FUNCTIONS, SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

• Any implied warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE;
• Any warranties arising out of course of dealing, usage or trade practice.

IMPORTANT: The App is a nutrition/diet tool — it is algorithmic and for general informational purposes only. It is not medical or healthcare advice, and we make no guarantee of your results or users' ability to achieve weight loss, muscle gain or any specific outcome.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, DATA OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE APP EXCEED THE TOTAL AMOUNT PAID BY YOU IN THE PRIOR 12 MONTHS (OR US$100 IF NO PAYMENTS MADE).

Some jurisdictions may not allow limitation of liability, so some of the above may not apply to you.

9. Indemnification

You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, licensors and service providers (collectively "Indemnified Parties") from and against any claims, damages, obligations or losses (including attorneys' fees) arising out of or resulting from: (a) your use of the App; (b) your breach of these Terms; (c) your User Content; (d) your violation of any law or the rights of a third-party.

10. Termination

10.1 We may suspend or terminate your account or access to the App at any time, with or without cause, including if you breach these Terms or if we reasonably believe you have done so.

10.2 Upon termination: your right to use the App immediately ends; you must cease all use of the App. We may delete or deactivate your account and all related data. Sections which by their nature should survive termination (e.g., Intellectual Property, Disclaimer, Limitation of Liability, Indemnity) shall continue in full force.

11. Changes to App & Services

We reserve the right to modify, suspend or discontinue, temporarily or permanently, all or any part of the App (including features, content, subscription model) at any time, with or without notice. We will not be liable to you or any third-party for any modification, suspension or discontinuation.

12. Data Export, Retention & Deletion

12.1 We retain your data for as long as your account remains active and thereafter in our discretion.

12.2 If you request deletion by contacting hello@fitnibz.com, we will deactivate your account and delete your personal account information in accordance with our Privacy Policy.

12.3 You may not be able to export your data at this time; if you decide to support export in future we will notify you.

13. Governing Law & Dispute Resolution

13.1 These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict-of-law provisions.

13.2 You and the Company agree to submit to the exclusive jurisdiction of the state or federal courts located in Harris County, Texas (or other venue as we may designate).

13.3 If any part of these Terms is found unlawful or unenforceable, that part will be severed and the remainder of the Terms will continue in full force and effect.

14. Miscellaneous

14.1 Assignment: We may assign or transfer our rights and obligations under these Terms, in whole or in part, to a third-party. You may not assign or transfer these Terms without our prior written consent.

14.2 Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and the Company regarding the App and supersede all prior or contemporaneous communications and proposals.

14.3 Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be struck out and the remainder shall remain enforceable.

14.4 Force Majeure: We will not be liable for any failure or delay due to events beyond our reasonable control.

14.5 Waiver: No waiver of any default or breach of these Terms shall be a waiver of any other or subsequent default or breach.

15. Contact Information

If you have questions about these Terms, please contact:

Fitnibz LLC

3215 Apple Dale Dr

Houston, TX 77084

United States

Email: hello@fitnibz.com