Terms of Service

1. Acceptance of Terms

By accessing or using Builtbody, stylized as "BLTBDY" ("the Service"), operated by Acentro Systems LLC, a Pennsylvania limited liability company ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). You accept these Terms by creating an account, by clicking "I agree" or a similar control where one is presented, or by otherwise using the Service. If you do not agree, do not use the Service.

2. Description of Service

Builtbody is an AI-powered fitness coaching application that provides meal logging, workout tracking, personalized meal and workout plans, and coaching interactions. The Service is available via iOS app and web.

3. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 or older and that you have the legal capacity to enter into these Terms. The Service is not directed to, and we do not knowingly permit its use by, anyone under 18.

4. Account Registration and Security

You agree to provide accurate and complete information during registration and to keep it current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at [email protected] if you believe your account has been accessed without your authorization. We are not liable for losses arising from your failure to keep your credentials secure.

5. License and Restrictions

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own personal, non-commercial purposes. All rights not expressly granted are reserved.

We may modify, suspend, or discontinue the Service or any part of it at any time. We have no obligation to provide support or maintenance except as we choose to offer it.

6. Subscriptions, Trials, and Payments

• The Service includes a free trial for new users. The length of the trial and the price and billing period of each plan are disclosed to you before you purchase.
• After the trial, continued access to paid features requires a subscription (monthly or annual).
• Purchases made through the iOS app are processed by Apple and managed through RevenueCat. Apple is the seller of record for those purchases, and Apple's payment, billing, and refund policies apply.
• Purchases made on the web are processed through RevenueCat, which handles billing, subscription management, and refunds for those purchases, using Stripe as its payment processor.
• In either case we do not receive or store your payment card details.
• Automatic renewal. Subscriptions renew automatically at the then-current price for the same billing period unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends.
• Cancellation. You may cancel at any time. If you subscribed in the iOS app, cancel in your Apple ID subscription settings. If you subscribed on the web, open Settings and use Manage Subscription, which takes you to the billing portal for your subscription. You can also cancel by emailing [email protected] and we will cancel it for you. Cancellation takes effect at the end of the current billing period, and you keep access until then. Deleting the app does not cancel your subscription.
• Free trials. Starting a free trial starts your subscription, with the trial as its first period. You are not charged during the trial. If you cancel before the trial ends, you are not charged. If you do not cancel, the subscription continues and your first payment is taken when the trial period ends.
• Price changes. We may change subscription prices. Price changes apply to renewal periods after we notify you, and you may cancel before the change takes effect.
• Refunds. Refunds for purchases made through Apple are handled by Apple under its policies. Refunds for purchases made on the web are handled through RevenueCat. Except where required by law, payments are non-refundable.

7. Usage Limits

To keep the Service fast, safe, and sustainable for everyone, we may impose limits on your use of it, including daily limits on AI-powered features. These limits may differ between subscription plans and between trial and paid access, and we may adjust them from time to time. When you reach an AI usage limit, non-AI features of the Service, including manual logging, remain available, and the limit resets daily.

8. Not Medical Advice

The Service is a fitness and nutrition tool, not a medical service, and it does not create a provider-patient relationship. The AI coach does not provide medical advice, diagnoses, or treatment, and it is not a substitute for consultation with a qualified healthcare professional.

Consult a qualified healthcare professional before starting any diet or exercise program, particularly if you are pregnant or nursing, have or have had an eating disorder or disordered eating, or have any medical condition, injury, or dietary restriction that could be affected by changes to your nutrition or activity. Stop exercising and seek medical attention if you experience pain, dizziness, or discomfort. You use the Service at your own risk and are solely responsible for decisions you make about your diet, exercise, and health.

9. Assumption of Risk

Physical exercise and changes to your diet carry inherent risks, including muscle strain, joint and soft-tissue injury, aggravation of an existing condition, cardiac events, dehydration, and in rare cases serious injury or death. Those risks exist whether or not you follow guidance from the Service, and no fitness or nutrition program can eliminate them.

You acknowledge that you decide whether and how to act on anything the Service suggests, that you are responsible for exercising within your own limits and for using appropriate form and equipment, and that you accept the risks described above. To the maximum extent permitted by law, you release us from claims for injury, illness, or loss arising from physical activity or dietary changes you undertake in connection with the Service.

10. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose.
• Attempt to reverse-engineer, decompile, or extract source code from the Service.
• Interfere with or disrupt the Service or its infrastructure, or attempt to gain unauthorized access to it.
• Use automated means to access, scrape, or collect data from the Service.
• Access the Service in order to build a similar or competing product.
• Share your account with others or create accounts to abuse trials, evade restrictions, or disrupt the Service.

11. User Content

You retain ownership of content you submit (meal photos, messages, etc.). By submitting content, you grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process it as needed to operate, support, and secure the Service and to deliver it to you. Content that is health or fitness data is used only as our Privacy Policy and Consumer Health Data Privacy Policy describe; this license does not widen those promises. We will not sell your content to third parties. You represent that you have the rights necessary to submit the content you submit.

12. Feedback

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free license to use them for any purpose, without compensation or attribution. Please do not send us feedback you consider confidential or proprietary.

13. AI-Generated Content

Meal plans, workout plans, coaching messages, and other AI-generated content are provided for informational purposes only. While we strive for accuracy, AI outputs may contain errors, including inaccurate nutrition estimates and recommendations that are not appropriate for you. You are responsible for evaluating the suitability of any AI-generated recommendation before acting on it.

Some estimates are derived from a photograph you provide rather than from measurement. A photo-based nutrition estimate is an approximation, not a laboratory or clinical measurement, and it can be materially wrong about portion size, preparation method, and ingredients that are not visible in the image.

14. Intellectual Property

All rights, title, and interest in the Service, including its design, code, content, and branding, remain with Acentro Systems LLC and its licensors. These Terms do not grant you any rights to our trademarks or other intellectual property.

15. Third-Party Services

The Service integrates with and links to services operated by third parties, including Apple, RevenueCat, and our AI provider. We do not control those services and are not responsible for them. Your use of a third-party service is governed by that party's own terms and privacy practices.

16. Apple App Store Terms

The following applies to the iOS app obtained through the Apple App Store:

• These Terms are between you and Acentro Systems LLC only, not with Apple. Apple is not responsible for the app or its content.
• Your license to use the app is limited to a non-transferable license to use it on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the app infringes intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

17. Termination

These Terms remain in effect while you use the Service. We may suspend or terminate your access, including deleting your account, if you violate these Terms or if we reasonably believe suspension is necessary to protect the Service or its users. You may delete your account at any time in Settings, or by contacting us at [email protected]. Your personal data will be deleted as described in our Privacy Policy, except where retention is required by law. Termination does not entitle you to a refund except as required by law or Apple's policies. Sections 8, 9, 11 through 15, and 17 through 23 survive termination.

18. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY NUTRITION, FITNESS, OR COACHING INFORMATION PROVIDED THROUGH THE SERVICE IS ACCURATE, COMPLETE, OR SUITABLE FOR YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU; WHERE APPLICABLE LAW REQUIRES WARRANTIES, THEY ARE LIMITED TO 90 DAYS FROM YOUR FIRST USE OF THE SERVICE.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE AND OUR SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, OR COSTS OF SUBSTITUTE PRODUCTS, ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INJURY OR ILLNESS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (i) $100 USD AND (ii) THE AMOUNT YOU PAID US IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT INCREASE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

20. Indemnification

You agree to defend, indemnify, and hold harmless Acentro Systems LLC and its members, officers, employees, and agents from any claims, damages, and reasonable costs and attorneys' fees arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any applicable law or the rights of a third party. We may assume control of the defense of any such claim at your expense, and you agree to cooperate. You may not settle any such claim without our prior written consent. We will make reasonable efforts to notify you of any claim we become aware of.

21. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.

21.1 Applicability

Except as described below, you and we agree to resolve all disputes arising out of or relating to the Service or these Terms through binding individual arbitration rather than in court. This agreement applies to all claims, including those that arose before you agreed to these Terms. Excluded from arbitration are: (i) claims that qualify for small claims court, brought on an individual basis, and (ii) requests for injunctive or other equitable relief to protect intellectual property rights.

21.2 Informal Resolution First

Before starting arbitration, the party raising the dispute must send written notice to the other describing the dispute and the relief sought. Send notice to us at [email protected] or 309 Jamestown St., Sugar Grove, PA 16350. We will send notice to the email address on your account. Within 45 days of the notice, the parties will confer in good faith by phone or video to try to resolve the dispute. If it is not resolved within 60 days of the notice, either party may begin arbitration.

21.3 Arbitration Rules

Arbitration will be administered by JAMS under its rules then in effect. Claims under $250,000 (excluding fees and interest) will use the JAMS Streamlined Arbitration Rules; larger claims will use the JAMS Comprehensive Arbitration Rules. Unless the parties agree otherwise, the arbitration will be conducted in the county where you live, or by phone or video. Arbitration materials and proceedings are confidential. If JAMS is unavailable or declines to administer the arbitration, the parties will select another established arbitration provider by agreement, or a court may appoint one under the Federal Arbitration Act.

21.4 Contents of an Arbitration Demand

A demand for arbitration must include: your contact information and the email address on your account; a description of the claims and the facts supporting them; the relief sought and a good-faith estimate of damages; confirmation that the informal resolution process in Section 21.2 was completed; and proof of any required filing fee.

21.5 Authority of the Arbitrator

The arbitrator has authority to resolve all arbitrable disputes, including questions about the scope and enforceability of this arbitration agreement, except that a court, not the arbitrator, will decide: challenges to the class action waiver in Section 21.7; disputes about arbitration fees; whether a condition precedent to arbitration has been satisfied; and which version of this agreement applies. The arbitrator may award the same relief a court could, but only on an individual basis. The award is final and binding, and judgment may be entered on it in any court with jurisdiction.

21.6 Waiver of Jury Trial

BY AGREEING TO ARBITRATION, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL COVERED CLAIMS.

21.7 Waiver of Class Actions

ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. The arbitrator may award relief only on an individual basis. If a court finds this waiver unenforceable as to a particular claim, that claim may proceed in court as described in Section 23.2; all other claims remain subject to arbitration.

21.8 Attorneys' Fees

Each party bears its own attorneys' fees unless the arbitrator finds a claim was frivolous or brought for an improper purpose, or unless applicable law provides otherwise.

21.9 Batch Arbitration

If 100 or more substantially similar arbitration demands are filed against us within a 30-day period by the same law firm or coordinated group, JAMS will batch them into groups of up to 100, appoint one arbitrator per batch, and charge one set of fees per batch.

21.10 30-Day Opt-Out

You may opt out of this arbitration agreement and the class action waiver within 30 days of first accepting these Terms by sending written notice to [email protected] or 309 Jamestown St., Sugar Grove, PA 16350. Your notice must include your full name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.

21.11 Severability

If any part of this Section 21 is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the rest of this Section remains in effect.

22. State-Specific Notices

The provisions below apply to users subject to the laws of the states identified. Where a provision below conflicts with another provision of these Terms, the state-specific provision controls for users subject to that state's laws.

22.1 California

Under California Civil Code Section 1789.3, California users are entitled to the following notice: the provider of the Service is Acentro Systems LLC, 309 Jamestown St., Sugar Grove, PA 16350. To file a complaint or request further information about the Service, write to that address or email [email protected]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210.

If you are a California resident, you release us from claims you do not know or suspect to exist in your favor at the time of the release, and you waive California Civil Code Section 1542, which reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

California residents also have rights under the California Consumer Privacy Act, as described in our Privacy Policy.

22.2 Colorado, Connecticut, and Virginia

Residents of these states may have additional rights under their state privacy laws, including rights of access, correction, deletion, and portability, and the right to opt out of targeted advertising, the sale of personal data, and certain profiling. See our Privacy Policy.

22.3 Nevada

Nevada residents have the right under NRS Chapter 603A to direct us not to sell certain information we have collected about them. We do not sell personal information as defined by that chapter. To submit a request, email [email protected].

22.4 New Jersey

If you are a New Jersey consumer, the provisions of these Terms that limit our liability, disclaim warranties, or require indemnification apply only to the extent permitted by New Jersey law, and no provision is intended to waive any right that cannot be waived under that law.

23. General

23.1 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you in the app or by email at the address on your account before they take effect. Continued use of the Service after the effective date means you accept the updated Terms. If you do not accept them, stop using the Service and delete your account.

23.2 Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law rules. For any claim not subject to arbitration under Section 21, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Warren County, Pennsylvania. Either party may bring an action in any court of competent jurisdiction for injunctive or equitable relief to protect its intellectual property rights, and either party may bring an individual action in small claims court.

23.3 Electronic Communications

By using the Service, you consent to receive communications from us electronically, by email or by notices posted in the app. These electronic communications satisfy any legal requirement that a communication be in writing.

23.4 Export Controls

You agree not to export, re-export, or transfer any data or products obtained from the Service in violation of U.S. export control laws or other applicable regulations.

23.5 Accessibility

We aim to make the Service usable by everyone, including people with disabilities, and work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If you have difficulty using any part of the Service, or a suggestion for improving accessibility, contact us at [email protected].

23.6 Entire Agreement and Miscellaneous

These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to be valid, and the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. "Including" means "including without limitation." You may not assign these Terms without our prior written consent; we may assign them freely.

24. Contact

If you have questions about these Terms, contact us at [email protected].