Last Updated: March 21, 2025
1. INTRODUCTION
Welcome to Bodyby.ai. These Terms and Conditions ("Terms") govern your access to and use of the Bodyby.ai website, mobile application, and services (collectively, the "Service"), operated by Bodyby.ai ("Company," "we," "our," or "us").
Please read these Terms carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
2. ELIGIBILITY
By using the Service, you represent and warrant that:
- You are at least 16 years of age.
- If you are under 18 years of age, you have obtained parental or guardian consent to use the Service.
- You have the legal capacity to enter into a binding agreement with the Company.
- You are not barred from using the Service under applicable law.
3. ACCOUNT REGISTRATION
3.1 Account Creation
To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself.
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials.
- All activities that occur under your account.
- Immediately notifying us of any unauthorized use of your account or other security breaches.
We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms.
4. SERVICE DESCRIPTION
4.1 Fitness and Health Platform
Bodyby.ai is a digital platform designed to provide personalized fitness plans, nutrition guidance, progress tracking, and related health services. The content provided by our Service is for informational and educational purposes only.
4.2 Not Medical Advice
The Service is not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before beginning any fitness or nutrition program.
5. USER CONTENT
5.1 User-Generated Content
Our Service may allow you to create, upload, post, send, receive, and store content ("User Content"). You retain all rights in, and are solely responsible for, the User Content you create or make available through the Service.
5.2 License Grant
By making any User Content available through the Service, you grant to the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Service.
5.3 Prohibited Content
You agree not to create, upload, post, or share any User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
- Infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights of any party.
- Contains software viruses or any other computer code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
- Impersonates any person or entity or misrepresents your affiliation with a person or entity.
- Constitutes unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
6. SUBSCRIPTION AND PAYMENT
6.1 Subscription Plans
We offer various subscription plans for accessing premium features of our Service. The specific features included in each subscription plan are described on our website.
6.2 Payment Terms
- All payments are due in advance according to the subscription plan you select.
- By providing your payment information, you authorize us to charge your payment method for the subscription plan you have selected.
- Prices for our subscription plans are subject to change with notice. We will provide notice of any price change by posting the new prices on our website or by email.
6.3 Automatic Renewal
Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew, and your payment method will be charged at the then-current rate.
6.4 Cancellation and Refunds
- You may cancel your subscription at any time through your account settings or by contacting us.
- Cancellation will take effect at the end of your current billing period.
- We do not provide refunds for partial subscription periods unless required by law.
7. INTELLECTUAL PROPERTY
7.1 Our Intellectual Property
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
7.2 License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial purposes.
7.3 Restrictions
You may not:
- Modify, decompile, reverse engineer, or attempt to extract the source code of the Service.
- Remove any copyright, trademark, or other proprietary notices from any portion of the Service.
- Reproduce, distribute, license, sell, or otherwise exploit the Service or any content accessible through the Service.
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
8. THIRD-PARTY LINKS AND SERVICES
8.1 Third-Party Links
The Service may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
8.2 Third-Party Integrations
Our Service may integrate with third-party services, such as fitness tracking devices, social media platforms, or payment processors. Your use of such third-party services is subject to their respective terms of service and privacy policies.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall the Company, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service.
- Any conduct or content of any third party on the Service.
- Any content obtained from the Service.
- Unauthorized access, use, or alteration of your transmissions or content.
10. DISCLAIMER OF WARRANTIES
The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that:
- The Service will function uninterrupted, secure, or available at any particular time or location.
- Any errors or defects will be corrected.
- The Service is free of viruses or other harmful components.
- The results of using the Service will meet your requirements.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees, arising out of or in any way connected with:
- Your access to or use of the Service.
- Your violation of these Terms.
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
- Any claim that your User Content caused damage to a third party.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 Governing Law
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
12.2 Dispute Resolution
Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in [Your City, State]. The decision of the arbitrator shall be final and binding.
12.3 Class Action Waiver
You agree that any proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action.
13. CHANGES TO THESE TERMS
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.
14. TERMINATION
### 14.1 Termination by You
You may terminate your account and discontinue using the Service at any time by following the instructions in your account settings or by contacting us.
14.2 Termination by Us
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.
14.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or follow the instructions for account termination.
15. SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
16. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and the Company regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
17. CONTACT US
If you have any questions about these Terms, please contact us:
Bodyby.ai
Email: privacy@bodyby.ai
Address: 3250 NE 1st Ave, Suite 305, Miami, Florida 33137
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By using Bodyby.ai, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.
Last Updated: March 21, 2025
1. INTRODUCTION
Welcome to Bodyby.ai ("we," "our," or "us"). At Bodyby.ai, we respect your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our website, mobile application, and services (collectively, the "Service").
Please read this Privacy Policy carefully. By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by all the terms of this Privacy Policy. If you do not agree with our policies and practices, please do not use our Service.
2. INFORMATION WE COLLECT
We collect several types of information from and about users of our Service:
2.1 Personal Information
Identity Data: Name, username, email address, phone number, and other similar identifiers.
Contact Data: Billing address, delivery address, email address, and telephone numbers.
Health and Fitness Data: Information related to your physical characteristics, fitness activities, exercise routines, nutrition habits, and health goals.
Biometric Information: Height, weight, body measurements, heart rate, and other physiological or biometric data that you choose to provide.
Payment Data: Credit card details, bank account information, and other payment details.
2.2 Non-Personal Information
Usage Data: Information about how you use our Service, including time spent, features used, and interaction patterns.
Device Data: Information about your device, browser type, IP address, operating system, and other technical information.
Cookies and Similar Technologies: We may use cookies, web beacons, and other tracking technologies to collect information about your browsing activities.
3. HOW WE COLLECT YOUR INFORMATION
We collect information:
Directly from you: When you create an account, fill out forms, make purchases, track workouts, record meals, or interact with our Service.
Automatically: When you use our Service, we may automatically collect certain information using tracking technologies.
From third parties: We may receive information about you from third-party services, such as fitness tracking devices, social media platforms, or payment processors, when you choose to connect these services to our platform.
4. HOW WE USE YOUR INFORMATION
We may use the information we collect for:
Providing and improving our Service: To deliver the features and functionality of our Service, personalize your experience, and develop new features.
Analytics and research: To understand how users interact with our Service and to improve our offerings.
Personalization: To customize workout plans, nutrition recommendations, and other content based on your goals, preferences, and progress.
Communication: To respond to your inquiries, send service-related notifications, and provide customer support.
Marketing: With your consent, to send promotional emails about new features, special offers, or other information we think you may find interesting.
Legal compliance: To comply with applicable laws, regulations, and legal processes.
5. SHARING YOUR INFORMATION
We may share your information with:
Service Providers: Third-party vendors who provide services on our behalf, such as payment processing, data analysis, email delivery, hosting services, and customer service.
Business Partners: With your consent, we may share your information with fitness professionals, nutritionists, or other partners who may offer complementary services.
Affiliates: We may share information with our parent company, subsidiaries, and affiliates for purposes consistent with this Privacy Policy.
Legal Requirements: We may disclose your information if required by law, court order, or governmental regulation.
Business Transfers: In connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
6. DATA SECURITY
We implement appropriate technical and organizational measures to protect the security of your personal information. However, please understand that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
7. DATA RETENTION
We will retain your personal information only for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure, and applicable legal requirements.
8. YOUR RIGHTS AND CHOICES
Depending on your location, you may have certain rights regarding your personal information, which may include:
Access: You can request access to your personal information.
Correction: You can request correction of inaccurate or incomplete information.
Deletion: You can request deletion of your personal information in certain circumstances.
Restriction: You can request restriction of processing of your personal information.
Data Portability: You can request a copy of your personal information in a structured, commonly used, and machine-readable format.
Objection: You can object to processing of your personal information in certain circumstances.
Withdrawal of Consent: You can withdraw consent where processing is based on consent.
To exercise these rights, please contact us using the details provided in the "Contact Us" section.
9. CHILDREN'S PRIVACY
Our Service is not intended for children under the age of 16. We do not knowingly collect personally identifiable information from children under 16. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us so that we can take necessary actions.
10. INTERNATIONAL DATA TRANSFERS
Your information may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the information to the United States and process it there.
11. THIRD-PARTY LINKS AND SERVICES
Our Service may contain links to third-party websites, services, or applications that are not operated by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the privacy policies of these third parties.
12. CHANGES TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
13. CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including:
- The right to know what personal information we collect about you and how we use and disclose it.
- The right to delete personal information we have collected about you, subject to certain exceptions.
- The right to opt-out of the sale or sharing of your personal information.
- The right to non-discrimination for exercising your privacy rights.
To exercise these rights, please contact us using the details provided in the "Contact Us" section.
14. CONTACT US
If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us at:
Bodyby.ai
Email: privacy@bodyby.ai
Address: 3250 NE 1st Ave, Suite 305
Miami, Florida 33137
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By using Bodyby.ai, you consent to our Privacy Policy and agree to its terms.
