Terms & Conditions

1. Definitions

For purposes of these Terms, the following definitions apply:

• "Account" means the user account you create to access and use the Service.
• "Content" means any text, data, images, photographs, graphics, information, or other materials uploaded, submitted, stored, sent, or received through the Service.
• "Device" means any smartphone, tablet, computer, wearable, or other electronic device used to access the Service.
• "Health Data" means any data related to your physical or mental health, including but not limited to nutrition information, food analysis data, weight and body measurements, dietary preferences, food scores, and related wellness data.
• "Premium Features" means features and functionality available exclusively through a paid subscription plan.
• "Service" means the POWR mobile application, website, APIs, and all related tools, services, features, and functionality provided by the Company.
• "Third-Party Services" means products, services, platforms, or applications operated by entities other than the Company that may be integrated with or accessible through the Service.
• "User," "you," or "your" means any individual who accesses or uses the Service.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least thirteen (13) years of age to use the Service. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. 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 promptly take steps to delete such information.

2.2 Account Creation

To access certain features of the Service, you must create an Account. When creating an Account, you agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your Account information to keep it accurate, current, and complete;
• Maintain the confidentiality of your Account credentials and not share your login information with any third party;
• Immediately notify us of any unauthorized access to or use of your Account;
• Accept sole responsibility for all activity that occurs under your Account, whether or not authorized by you.

2.3 Account Security

We utilize industry-standard authentication mechanisms to secure your Account. However, you are responsible for safeguarding access to your Account and for any actions taken under your credentials. The Company shall not be liable for any loss or damage arising from your failure to comply with these security obligations.

2.4 One Account Per Person

Each Account is for a single individual user. You may not create multiple Accounts or share Account access. We reserve the right to limit the number of Accounts associated with a single Device.

3. Description of Service

3.1 General Description

POWR is a health and wellness platform that provides tools and features designed to help you monitor, track, and gain insights into your nutrition and personal wellness. The Service may include, without limitation:

• Nutritional tracking, food logging, and macro/micronutrient analysis;
• AI-powered food analysis and scoring;
• Barcode scanning for packaged food products;
• Weight tracking and body measurement logging;
• Personalized nutrition goals and progress tracking;
• Progress photo storage and management;
• Artificial intelligence-powered analysis, insights, and recommendations;
• Subscription management;
• Personalized content, insights, and recommendations;
• Any other features, tools, or services that we may introduce from time to time.

Additional features including activity tracking, health platform integrations, and other wellness features may be added in future updates.

3.2 Service Modifications

We reserve the right to modify, suspend, discontinue, or introduce new features to the Service (or any part thereof) at any time and without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3.3 Service Availability

While we strive to maintain continuous availability, we do not guarantee that the Service will be available at all times. The Service may be subject to interruptions, delays, or errors due to maintenance, updates, technical failures, or circumstances beyond our control. We shall not be liable for any interruption or unavailability of the Service.

4. Important Health and Medical Disclaimers

4.1 Not a Medical Device or Medical Service

4.2 General Informational Purposes Only

All information, data, scores, metrics, insights, recommendations, and content provided through the Service—including but not limited to food scores, nutrition analysis, AI-generated insights, and wellness assessments—are provided for general informational and educational purposes only. Such information should not be relied upon as a substitute for professional medical advice, diagnosis, or treatment.

4.3 Consult Your Healthcare Provider

You should always consult with a qualified healthcare professional before:

• Starting, modifying, or discontinuing any diet, exercise, or wellness program;
• Making any decisions regarding your health or medical treatment;
• Relying on any information provided by the Service for health-related decisions;
• Using the Service in connection with any pre-existing medical condition, pregnancy, or health concern.

4.4 No Doctor-Patient Relationship

Use of the Service does not create a doctor-patient, therapist-patient, or any other healthcare provider-patient relationship between you and the Company, its employees, contractors, or affiliates.

4.5 Accuracy of Health Information

While we strive to provide accurate and useful health and fitness information, we make no representations or warranties regarding the accuracy, completeness, reliability, or suitability of any Health Data, scores, metrics, or recommendations provided through the Service. Health and fitness data may be affected by Device sensors, user input errors, integration limitations, or algorithmic estimations.

4.6 Assumption of Risk

You acknowledge and agree that any use of the Service for health, fitness, or wellness purposes is undertaken at your own risk. Physical activity, dietary changes, and wellness practices carry inherent risks. You are solely responsible for evaluating the appropriateness of any exercise, nutrition, or wellness information provided through the Service in light of your individual health status.

5. Artificial Intelligence Features

5.1 AI-Powered Analysis

The Service may utilize artificial intelligence and machine learning technologies ("AI Features") to provide food analysis, nutritional insights, health recommendations, content generation, and other functionality. AI Features are powered by third-party AI services and are subject to the limitations and disclaimers set forth in these Terms.

5.2 AI Limitations and Disclaimers

You acknowledge and agree that:

• AI-generated content and analysis may contain errors, inaccuracies, or incomplete information;
• AI Features are not a substitute for professional nutritional, medical, or fitness advice;
• The Company does not guarantee the accuracy, reliability, or completeness of any AI-generated output;
• AI Features may evolve, change, or be discontinued over time;
• AI outputs may vary for similar inputs and are not guaranteed to be consistent;
• Certain Health Data may be transmitted to third-party AI service providers for processing, subject to our Privacy Policy and data minimization practices.

5.3 Your Responsibility

You are solely responsible for evaluating and verifying the accuracy and appropriateness of any information, recommendations, or analysis generated by AI Features before acting upon them.

6. Subscriptions and Payments

6.1 Subscription Plans

The Service may offer both free and premium subscription tiers. Certain features, including AI Features, may be available exclusively to users with an active paid subscription ("Premium Subscription").

6.2 Billing and Payment

Premium Subscriptions are billed through the applicable platform app store (Apple App Store, Google Play Store, or other authorized distribution channels). By purchasing a Premium Subscription, you agree to:

• Pay all applicable subscription fees and any taxes or charges imposed by the platform;
• Automatic recurring billing at the then-current subscription rate unless you cancel prior to the renewal date;
• The billing terms, refund policies, and payment processing practices of the applicable platform app store.

6.3 Subscription Management

You may manage your subscription, including cancellation, through the subscription settings of the applicable platform app store. Cancellation will take effect at the end of the current billing period, and you will retain access to Premium Features until that period ends.

6.4 Price Changes

We reserve the right to change subscription pricing at any time. Price changes will take effect at the start of the next billing period following notice of the change. Your continued use of Premium Features after a price change constitutes acceptance of the new price.

6.5 Refunds

Refund requests are governed by the policies of the applicable platform app store through which the subscription was purchased. We do not directly process payments or issue refunds for subscriptions purchased through third-party app stores.

6.6 Free Trial

We may offer free trial periods for Premium Subscriptions. If you do not cancel before the end of the free trial period, you will be automatically charged the applicable subscription fee. Free trial eligibility is determined at our sole discretion and may be limited to one trial per user or per Device.

7. User Content and Conduct

7.1 User Content

You retain ownership of any Content you submit, upload, or store through the Service, including Health Data, photographs, notes, and other information. By submitting Content to the Service, you grant the Company a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display such Content solely for the purpose of providing and improving the Service to you.

7.2 Prohibited Conduct

You agree not to, and will not assist, encourage, or enable others to:

• Use the Service for any unlawful, fraudulent, or deceptive purpose;
• Violate any applicable local, state, national, or international law or regulation;
• Attempt to gain unauthorized access to the Service, other user accounts, or computer systems or networks connected to the Service;
• Interfere with, disrupt, or create an undue burden on the Service or the networks or servers connected to the Service;
• Use any automated means, including bots, scrapers, or crawlers, to access or collect data from the Service;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
• Circumvent, disable, or otherwise interfere with security-related features of the Service, including rate limiting, authentication, or encryption mechanisms;
• Use the Service to transmit any malware, virus, worm, trojan, or other malicious code;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use the Service in any manner that could damage, disable, overburden, or impair the Service;
• Create multiple Accounts or use Devices in a manner intended to circumvent usage limits or abuse protections;
• Share, resell, or redistribute access to Premium Features or your Account credentials.

7.3 Enforcement

We reserve the right, but are not obligated, to monitor your use of the Service and to take any action we deem appropriate, including suspending or terminating your Account, if we believe you have violated these Terms.

8. Third-Party Services and Integrations

8.1 Third-Party Integrations

The Service may integrate with or provide access to Third-Party Services, including but not limited to payment processors, authentication providers, cloud storage providers, and AI service providers. Integration with health and fitness platforms (such as Apple Health, Garmin, Fitbit, Whoop, Oura, and Strava) may be available in future versions of the Service.

8.2 Third-Party Terms

Your use of any Third-Party Service is subject to that service's own terms of use, privacy policy, and other applicable agreements. We encourage you to read the terms and privacy policies of any Third-Party Services you connect to or interact with through our Service.

8.3 No Endorsement or Liability

The Company does not endorse, warrant, or assume responsibility for any Third-Party Service, its content, its accuracy, or its practices. We are not responsible for any loss or damage arising from your use of or reliance on any Third-Party Service. The availability, accuracy, and functionality of Third-Party Services are beyond our control.

8.4 Data from Third-Party Services

Health Data and other information imported from Third-Party Services is provided "as is." We do not verify the accuracy, completeness, or reliability of data obtained from Third-Party Services. You are responsible for ensuring that the data you import from Third-Party Services is accurate and appropriate for your use.

9. Intellectual Property

9.1 Company Intellectual Property

The Service, including all software, code, algorithms, designs, text, graphics, logos, trademarks, service marks, trade names, user interface designs, and other content and materials (collectively, "Company IP"), is the exclusive property of the Company and is protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws.

9.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes. This license does not include the right to:

• Modify, adapt, translate, or create derivative works based upon the Service or any Company IP;
• Sell, license, sublicense, distribute, lease, or otherwise transfer the Service or any Company IP;
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Service.

9.3 Feedback

If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you hereby assign to the Company all rights in such Feedback and agree that we may use, reproduce, modify, and distribute such Feedback without restriction, attribution, or compensation to you.

10. Privacy and Data Protection

10.1 Privacy Policy

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy. Our Privacy Policy is incorporated into and forms part of these Terms. By using the Service, you consent to the practices described in our Privacy Policy.

10.2 Data Security

We implement commercially reasonable technical and organizational security measures to protect your data, including encryption of sensitive Health Data at rest and in transit. However, no method of electronic storage or transmission is 100% secure, and we cannot guarantee absolute security. You acknowledge and accept this inherent risk.

10.3 Health Data Handling

We treat your Health Data with the highest level of care. Sensitive Health Data is encrypted using industry-standard encryption protocols. For full details on how we handle Health Data, please refer to our Privacy Policy.

11. Disclaimer of Warranties

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties regarding the accuracy, reliability, completeness, or timeliness of the Service, content, Health Data, scores, metrics, AI-generated outputs, or any other information provided through the Service;
• Warranties that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
• Warranties regarding the results that may be obtained from the use of the Service;
• Warranties that the Service will meet your requirements or expectations.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, the warranties are limited to the minimum extent permitted by law.

12. Limitation of Liability

12.1 Limitation

To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any:

• Indirect, incidental, special, consequential, exemplary, or punitive damages;
• Loss of profits, revenue, data, business, goodwill, or anticipated savings;
• Personal injury or property damage related to your use of the Service;
• Damages arising from your reliance on any Health Data, scores, recommendations, or AI-generated content provided through the Service;
• Damages arising from unauthorized access to or alteration of your transmissions or data;
• Damages arising from the conduct of any third party on or related to the Service;

Whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not the Company has been advised of the possibility of such damages.

12.2 Maximum Liability

To the maximum extent permitted by applicable law, the Company's total cumulative liability to you for all claims arising from or related to the Service shall not exceed the greater of (a) the amounts you have paid to the Company in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

12.3 Essential Purpose

The limitations set forth in this section shall apply even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of or access to the Service;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Any Content you submit, upload, or transmit through the Service;
• Your negligent or wrongful acts or omissions;
• Any health-related decisions you make based on information provided through the Service.

14. Termination

14.1 Termination by You

You may terminate your Account at any time by using the account deletion feature within the Service or by contacting us at admin@vitalitywellness.app. Upon account deletion, we will delete your personal data in accordance with our Privacy Policy.

14.2 Termination by the Company

We reserve the right to suspend or terminate your Account and access to the Service at any time, with or without cause, and with or without notice, including but not limited to situations where:

• You have violated these Terms;
• Your conduct poses a risk to the Service, other users, or the Company;
• We are required to do so by law or legal process;
• We discontinue the Service or any part thereof.

14.3 Effect of Termination

Upon termination:

• Your license to access and use the Service will immediately cease;
• You must cease all use of the Service;
• Any outstanding subscription fees owed at the time of termination will remain payable;
• Provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 4, 9, 11, 12, 13, 15, and 16.

15. Dispute Resolution

15.1 Governing Law

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

15.2 Informal Resolution

Before filing any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising from or related to these Terms or the Service by contacting us at admin@vitalitywellness.app. We will attempt to resolve the dispute informally within sixty (60) days.

15.3 Binding Arbitration

If a dispute cannot be resolved informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall take place in the State of Wyoming or, at your election, may be conducted remotely via telephone or video conference.

15.4 Class Action Waiver

15.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any supplemental terms or policies referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous agreements, understandings, and communications.

16.2 Severability

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

16.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. The Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder without the Company's prior written consent. The Company may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

16.5 Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, power outages, internet or telecommunications failures, or third-party service provider outages.

16.6 Notices

We may provide notices to you through the Service, by email to the address associated with your Account, or by posting on our website. You may provide notices to us by emailing admin@vitalitywellness.app.

16.7 Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or by email. The "Last updated" date at the top of these Terms will be revised accordingly. Your continued use of the Service following the posting of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must discontinue use of the Service.

17. Contact Us

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