App Terms of Service

1. These terms

These Terms of Service ("Terms") are a binding agreement between you and NextBody ("NextBody", "we", "us") for the NextBody app, your account and any HOOP band you pair with the app (together, the "Service"). Our Privacy Policy explains how we handle your data and forms part of these Terms.

By creating an account, signing in, or using the Service, you confirm that you have read and accept these Terms. If you do not accept them, do not use the Service.

PLEASE READ SECTIONS 4, 5, 13, 14 AND 17 CAREFULLY. THEY LIMIT OUR LIABILITY, DESCRIBE THE RISKS YOU ACCEPT, AND EXPLAIN HOW DISPUTES ARE RESOLVED.

2. Who may use the Service

You must be at least 16 years old and meet any higher minimum age required to consent to this Service and the processing of your health data where you live. If you have not reached the age of legal adulthood, a parent or legal guardian must review and agree to these Terms and supervise your use. The Service is not directed to children under 16. App Store content ratings do not replace these account eligibility requirements.

You may not use the Service if the law where you live forbids it, or if we have previously closed your account for breaking these Terms.

3. Your account

You sign in with Apple, Google, or a one-time code sent to your email. One account belongs to one person. Keep your devices and sign-in methods secure: you are responsible for everything done through your account, and we are not liable for loss caused by someone using your account or device.

Tell us at once at [email protected] if you believe your account has been compromised. The information you give us, including your sex, date of birth, height and weight, must be accurate; the calculations depend on it.

4. Not medical advice · not a medical device

The Service is a general wellness and fitness product. It is not a medical device, and it has not been evaluated, cleared or approved by the FDA, the NMPA, or any other health authority. It is not intended to diagnose, treat, cure, monitor, mitigate or prevent any disease or medical condition.

Every number the Service shows is an estimate. This includes heart rate, heart rate variability, sleep stages and sleep score, skin temperature, readiness, training load, calories burned and eaten, and energy targets. These estimates come from consumer sensors and algorithms, can be wrong, incomplete or delayed, and must not be used in place of a measurement by a qualified professional or a medical-grade instrument.

If your version offers body composition scanning, use the estimates only as a fitness reference. Do not scan if you are pregnant or have a pacemaker or other implanted electronic device.

Talk to a doctor before you start or change any exercise, diet, fasting, weight-loss or sleep programme, and before you act on anything the Service shows or says, especially if you are pregnant, have a heart, blood pressure, metabolic or sleep condition, an eating disorder or a history of one, a pacemaker or other implanted device, or take medication.

Never ignore or delay professional medical advice because of the Service. It does not watch you, send alerts to anyone, or detect emergencies. If you think you may have a medical emergency, call your local emergency number immediately.

5. Exercise and physical activity

Exercise, training, dieting and changes in eating or sleeping carry an inherent risk of injury, illness and, in rare cases, death. You choose whether, how and how hard to exercise, and you do so voluntarily and at your own risk. Stop immediately and seek medical help if you feel pain, faintness, dizziness, shortness of breath or chest discomfort.

To the fullest extent permitted by law, you assume all risks arising from your physical activity and from your decisions about food, weight and sleep, whether or not they were prompted by the Service.

6. AI features

NextBody uses artificial intelligence, including large language models run by third-party providers, to answer questions, write plans and daily suggestions, estimate meals from words or photos, transcribe your voice, remember things you tell it, and search the web. AI output is generated automatically and is not reviewed by a person before you see it.

AI output can be inaccurate, incomplete, out of date, inconsistent, or inappropriate, and may state wrong things with confidence. Meal and calorie estimates from photos or descriptions are approximate. Web search results come from third-party websites that we do not control or endorse.

AI output is for general information only. It is not medical, nutritional, dietetic, psychological, fitness-coaching, legal or other professional advice, and it does not create any professional relationship. You are solely responsible for checking it and for any decision you make based on it.

Do not ask the AI for, or rely on it in, an emergency. Do not submit other people's personal information, or anything unlawful. AI features are subject to fair-use limits, including daily allowances, and may be slowed, limited or unavailable at any time.

7. The HOOP band and other devices

A HOOP band bought from us is covered by the shop's Terms of Service, Refund Policy and any written warranty that came with it; these Terms cover how the band works with the app. The band's hardware and firmware are made by a third-party manufacturer.

Readings depend on fit, skin, movement, battery, Bluetooth, the phone's operating system and the band's firmware. We do not promise that every reading will be captured, synced, or kept, and readings not yet synced from the band can be lost.

Follow the band's safety and charging instructions. Stop wearing it if your skin becomes irritated. Remove it before MRI scans and anywhere metal or electronics are not allowed.

8. App access

The app, band readings and AI features are available without an app subscription. Fair-use limits still apply to AI features.

If you previously subscribed through the App Store, cancel renewal in your Apple Account settings. Deleting the app or your account does not cancel an existing subscription. Contact Apple for past App Store charges and refunds.

9. Acceptable use

You agree not to: use the Service for anyone but yourself; resell or share access; copy, scrape, reverse engineer, decompile or interfere with the app, the band's firmware or our servers, except where the law expressly allows it; overload or probe the Service or bypass its limits, rate limits or security; use the AI to produce unlawful, harmful, harassing or infringing content; use the Service to give medical, nutritional or training advice to others as a professional service; or break any law.

We may investigate misuse, and may limit, suspend or close an account that breaks these Terms or puts the Service, other users or us at risk, with or without notice where the law allows.

10. Your content and feedback

You keep ownership of the readings, meals, photos, messages and other content you provide ("Your Content"). You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit and display Your Content, including sending it to our service providers, only as needed to run, secure, support and improve the Service and as described in the Privacy Policy. The licence ends when Your Content is deleted, except for copies we must keep by law.

You are responsible for Your Content and confirm you have the right to submit it. If you send us ideas, suggestions or problem reports, we may use them freely without any obligation to you.

11. Our rights

The app, its software, design, text, graphics, algorithms and trademarks belong to NextBody or its licensors. We grant you a personal, limited, revocable, non-exclusive, non-transferable licence to use the app on Apple devices you own or control, for your own non-commercial use, under these Terms and the App Store's rules. Everything not expressly granted is reserved.

12. Third-party services

The Service relies on services we do not control, including Apple (App Store, Sign in with Apple, Apple Health), Google, AI model providers, hosting providers, and websites returned by web search. Your use of them is governed by their own terms. We are not responsible for their content, availability, accuracy or practices, or for any loss they cause.

13. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, ALL READINGS, SCORES, ESTIMATES AND AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY DATA WILL BE ACCURATE, COMPLETE OR PRESERVED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL ACHIEVE ANY HEALTH, FITNESS, WEIGHT OR OTHER RESULT. We may change, suspend or discontinue any part of the Service at any time.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTBODY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR HEALTH OUTCOME, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO USD 50. A HOOP BAND YOU BOUGHT IS SUBJECT TO THE LIMITS IN THE SHOP'S TERMS.

Some places do not allow certain warranties to be excluded or liability to be limited. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud, for intentional misconduct or gross negligence, or any other liability or consumer right that cannot be excluded or limited by law. In those places, our liability is limited to the smallest extent the law permits.

15. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless NextBody and its affiliates, officers, employees and contractors from any claim, loss, liability, damage, cost or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, Your Content, or your violation of any law or anyone else's rights.

16. Ending this agreement

You can stop using the Service at any time and delete your account in Profile › Data & Legal › Delete account. If you previously subscribed in the App Store, cancel it separately.

We may suspend or end your access at any time if you break these Terms, if we must by law, or if we stop offering the Service or part of it. If we discontinue the Service entirely, we will try to give reasonable notice. Sections 4, 5, 6, 10 and 12 to 19 survive the end of this agreement.

17. Disputes

Before bringing any claim, you agree to write to [email protected] describing it and to give us 60 days to try to resolve it informally.

These Terms are governed by the laws of the place where NextBody is established, without regard to its conflict-of-law rules, and the courts of that place have jurisdiction, except where the consumer law of the country where you live gives you the right to have that law apply or to bring proceedings in your local courts.

To the extent permitted by law, any claim must be brought within one year after it arises, and only on an individual basis, not as a plaintiff or class member in any class, collective or representative action.

18. Changes to these Terms

We may update these Terms from time to time. The date at the top shows the latest version. If a change is material, we will tell you in the app before it takes effect. If you keep using the Service after a change takes effect, you accept the updated Terms; if you do not accept them, stop using the Service and delete your account.

19. General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any part is found unenforceable, it will be enforced to the maximum extent possible and the rest remains in effect. Our failure to enforce a right is not a waiver of it. You may not transfer these Terms; we may transfer them in connection with a merger, acquisition, or sale of assets. We are not liable for any delay or failure caused by events beyond our reasonable control. If a translation of these Terms conflicts with the English version, the English version controls unless the law requires otherwise.

20. Apple

These Terms are between you and NextBody only, not Apple. Apple is not responsible for the app or its content, and has no obligation to provide maintenance or support for it. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the app.

Apple is not responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to meet any legal or regulatory requirement, consumer protection or privacy claims, or claims that the app infringes a third party's intellectual property. You confirm you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism, and are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

21. Contact

Questions about these Terms: [email protected]. Questions about your data: [email protected].