The Changing Shape App provides a platform intended to offer fitness tracking and planning tools, nutritional guidance and meal planning, progress monitoring, workout demonstrations and routines, and community features and support (collectively, the "Services"). These Services are designed to provide informational and supportive tools for users seeking to manage their diet and fitness. The App's functionality and features are subject to ongoing development and may change over time.

While we strive to provide a comprehensive suite of Services, we do not guarantee that all listed features will be available at all times, function perfectly, or remain unchanged.

We reserve the absolute right, at any time and without prior notice or liability to you, to modify, suspend, or discontinue, temporarily or permanently, the App, the Services, or any part thereof (including any features, content, or functionality). This includes, but is not limited to, changes to content, features, hours of availability, or equipment needed for access or use. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or Services.

Changing Shape does not guarantee that the App or Services will be available at all times or without interruption. Access may be suspended temporarily or permanently for maintenance, updates, system failures, or events beyond our control. No service level agreement (SLA) is provided.

To access certain features of the App, you may be required to create a user account. You agree to provide accurate, current, and complete registration information about yourself as prompted by the App and to maintain and promptly update the Registration Data to keep it accurate, current, and complete.

You are entirely responsible for maintaining the confidentiality of your account login information, including your username and password. You are solely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account information.

You are permitted to create and register for one account only. Multiple accounts by the same individual are prohibited.

You are permitted to install and access the App on a maximum of three personal devices (e.g., phone, tablet, desktop). The App, however, permits only one active session at a time per user account.

Your registration and use of the App are also governed by our Privacy Policy, which is available at https://www.changingshape.com/privacy-policy. Please review the Privacy Policy to understand our practices regarding your personal information. We implement reasonable security measures designed to protect your personal information from unauthorized access, use, alteration, or disclosure. However, no method of transmission over the internet, or method of electronic storage, is entirely secure, and we cannot guarantee absolute security. In the event of a data breach, we will make reasonable efforts to notify affected users as required by applicable law and in accordance with our data breach policy.

Where required by applicable law, Changing Shape obtains your affirmative, express consent through in-app prompts at the time sensitive data (including consumer health data, photos, biometric-adjacent data, or AI-assisted features) is collected or processed. Acceptance of these Terms alone does not constitute consent to the collection or processing of such sensitive data. Such consent is obtained on a feature-specific basis where required by law.

You may delete your account at any time by:

1. Going to Settings > Account > Delete Account within the App, OR
2. Emailing us at https://www.changingshape.com/contact with "Account Deletion Request" in the message

IMPORTANT: The following subsections contain critical disclaimers regarding the health and medical nature of the App and its Services. Please read them carefully to understand the limitations and risks associated with using Changing Shape.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE CHANGING SHAPE APP AND THE SERVICES ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, NOR ARE THEY INTENDED TO PROVIDE ADVICE IN ANY OTHER PROFESSIONAL AREA, INCLUDING BUT NOT LIMITED TO FINANCIAL ADVICE RELATED TO GROCERY SHOPPING, PSYCHOLOGICAL ADVICE RELATED TO BODY IMAGE, OR PROFESSIONAL FITNESS TRAINING CERTIFICATIONS. THE CONTENT AND INFORMATION PROVIDED THROUGH THE APP, INCLUDING BUT NOT LIMITED TO MEAL PLANS, EXERCISE GUIDES, RECIPES, ARTICLES, AND COMMUNITY FORUMS, ARE FOR INFORMATIONAL AND SUPPORT PURPOSES ONLY. It is not a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider, nor is it a substitute for advice from qualified professionals in other relevant fields. Before using the Changing Shape App and its services, you should consult a licensed healthcare professional.

Your use of the App and the Services does not create a doctor-patient, therapist-patient, or any other healthcare provider-patient relationship between you and Changing Shape. You acknowledge that the App and its Services are not designed to replace professional medical care, and you should not use the App as a substitute for medical advice, diagnosis, or treatment.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, YOUR DIET, OR EXERCISE REGIMEN, AND BEFORE STARTING ANY DIET, EXERCISE, OR WELLNESS PROGRAM, ESPECIALLY IF YOU HAVE ANY PRE-EXISTING HEALTH CONDITIONS, ARE PREGNANT, BREASTFEEDING, OR TAKING MEDICATIONS. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed in the App.

You acknowledge and agree that the App, Services, AI-generated content, coaching services, wearable integrations, and any recommendations or outputs do not screen for, assess, identify, or account for individual medical contraindications, injuries, disabilities, medications, allergies, pregnancy status, eating disorders, or other health-related risk factors.

Changing Shape does not perform individualized medical, nutritional, or fitness safety evaluations and does not determine whether any activity, diet, exercise, or recommendation is safe or appropriate for you. You are solely responsible for determining suitability based on your personal circumstances.

Changing Shape has no obligation to update, revise, or withdraw any recommendation based on changes to your health status, circumstances, or information over time.

Nutritional, fitness, and wellness information and guidance provided within the App are based on general principles and research. INDIVIDUAL RESULTS MAY VARY SIGNIFICANTLY. Factors such as your individual metabolism, health conditions, adherence to the program, genetics, and physical activity levels can affect outcomes. WE DO NOT GUARANTEE ANY SPECIFIC WEIGHT LOSS, FITNESS, OR HEALTH OUTCOMES.

YOU ACKNOWLEDGE AND AGREE THAT BY USING THE CHANGING SHAPE APP AND FOLLOWING ANY RECOMMENDATIONS OR GUIDANCE PROVIDED, YOU ARE DOING SO VOLUNTARILY AND AT YOUR OWN RISK. You assume full responsibility for all risks associated with using the App, including but not limited to risks to your health.

THE APP IS NOT INTENDED FOR USE IN MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR EMERGENCY SERVICES IMMEDIATELY.

While we strive to provide accurate and up-to-date information, we make no warranties or representations as to the accuracy, completeness, reliability, or suitability of any information provided through the App.

You acknowledge and agree that you do not rely on the App, the Services, or any content or recommendations provided therein as a substitute for professional medical, nutritional, or fitness advice.

Changing Shape does not monitor user data, health metrics, photos, or activity information in real time and does not provide emergency alerts, interventions, diagnoses, or health monitoring services. The App and any AI-assisted features generate informational outputs only and are not designed to detect, diagnose, predict, or respond to medical emergencies or health conditions. Nothing in these Terms is intended to circumvent or avoid compliance with applicable consumer protection, health, or data privacy laws.

Changing Shape has no obligation to review, analyze, flag, or act upon any user data, metrics, photos, or AI-generated outputs for purposes of safety warnings, health alerts, or risk notifications, except where expressly required by applicable law.

Changing Shape does not provide insurance, warranties, or guarantees of any kind with respect to health outcomes, safety, or results. Use of the App does not constitute enrollment in any healthcare, insurance, or wellness guarantee program.

To the maximum extent permitted by applicable law, you expressly acknowledge and agree that Changing Shape has no duty to monitor, analyze, interpret, validate, flag, warn, notify, intervene, or take action based on any user data, health metrics, photos, wearable data, AI-generated outputs, coaching communications, or other information provided through or generated by the App.

To enhance user experience, the Changing Shape App may utilize artificial intelligence ("AI") to generate meal plans, fitness routines, and other wellness-related recommendations.

AI-generated content is based on generalized data and is not to be construed as personalized medical, nutritional, or fitness advice. By using the App, you acknowledge that AI-generated content is for informational purposes only and is neither intended to diagnose, treat, cure, or prevent any disease nor tailored to your individual medical, dietary, or fitness needs.

Any AI-generated content described as “personalized,” “customized,” or “tailored” is based solely on user-provided inputs, generalized assumptions, non-clinical statistical models, and heuristic processes. Such outputs do not constitute individualized medical, nutritional, or fitness assessments and do not evaluate personal risk factors, contraindications, or safety thresholds.

By using the app, users assume all risks associated with following AI-generated content. Changing Shape is not responsible for any injury, illness, harm, or any other adverse outcome arising from the use of AI-generated content.

To the maximum extent permitted by law, you expressly waive any claim against Changing Shape arising from or related to reliance on AI-generated content, outputs, recommendations, or omissions, including claims sounding in negligence, failure to warn, or product liability.

Before implementing any recommendation based on AI-generated content, you should consult a licensed healthcare professional.

Changing Shape does not assume, and expressly disclaims, any duty of care, fiduciary duty, or professional obligation arising from the provision of AI-generated content, coaching services, or recommendations through the App, except where such duties cannot be disclaimed under applicable law.

AI-generated content provided through the App is not continuously monitored, reviewed, or validated by human professionals prior to delivery. Changing Shape makes no representations regarding the accuracy, completeness, or suitability of AI-generated outputs for any individual user.

The Changing Shape App may integrate with third-party wearable devices, such as Apple Watch, Fitbit, and Google Fit, to track physical activity, heart rate, and other health metrics ("Wearable Data").

The accuracy of wearable data is subject to the limitations of third-party wearable devices and may not always be reliable, complete, or up to date. Changing Shape does not independently verify, validate, or guarantee the accuracy of wearable data. Thus, wearable data should not be used for medical diagnostics or critical health decisions.

By using the app, users assume all risks associated with reliance on wearable data generated by third-party wearable devices. Changing Shape is not responsible for any injury, illness, harm, or any other adverse outcome arising from the use of third-party wearable devices, and wearable data.

Changing Shape disclaims responsibility for the acts, omissions, or failures of third-party service providers, wearable manufacturers, analytics providers, or AI infrastructure providers used in connection with the App.

Before using any third-party wearable device or relying on wearable data, you should consult a licensed healthcare professional.

The Changing Shape App may request permission to access your device's camera to enable photo-based features, including meal photography for food logging, progress photo tracking, and profile customization.

Use of camera features is entirely voluntary. You are not required to grant camera access to use the core functionality of the App. If you choose not to grant camera access, you can still manually log meals and track progress using other methods available in the App.

You maintain full control over camera permissions and can:

• Grant or deny camera access when first prompted by the App
• Revoke camera access at any time through your device settings
• Choose whether to save photos locally, upload to our servers, or both
• Delete any photos you have uploaded at any time through the App interface

We will only access your camera when you actively initiate one of the following features:

• Taking a photo of a meal for food logging purposes
• Capturing a progress photo to track your fitness journey
• Updating your profile picture
• Sharing photos in community features (if available and if you choose to participate)

We will NOT:

• Access your camera without your explicit action or knowledge
• Access your camera in the background when the App is not actively in use
• Use photos for facial recognition, biometric identification, or user identification purposes
• Scan or access your existing photo library without separate permission
• Share, sell, or distribute your photos to third parties for advertising or marketing purposes
• Use your photos to train machine learning models for purposes beyond providing you with App features, without your explicit consent

Photos you capture through the App may be:

• Stored locally on your device
• Uploaded to our secure cloud servers (with your permission)
• Encrypted during transmission using industry-standard TLS encryption
• Encrypted at rest on our servers using AES-256 encryption
• Retained in accordance with our Privacy Policy and data retention policies

If you choose to share photos in community features:

• You acknowledge that shared photos will be visible to other users of the App
• You represent and warrant that you have the right to share such photos
• You grant us the license specified in Section 12.2 (License to User Content) of these Terms
• You can remove shared photos at any time, though copies may persist in other users' cached or locally stored copies

If we use artificial intelligence or machine learning to analyze photos (e.g., to estimate nutritional content of meals):

• This analysis is performed solely to provide you with requested features
• The AI-generated nutritional estimates are approximations and should not be relied upon as precise measurements
• You should verify nutritional information, especially if you have specific dietary requirements or health conditions
• See Section 6 (AI-Generated Content) for additional disclaimers regarding AI features

Your photos may be processed by our authorized third-party service providers (such as cloud storage providers) solely as necessary to provide App functionality. These service providers are contractually obligated to protect your data and not use it for their own purposes. For details, see our Privacy Policy.

You are solely responsible for:

• The content of photos you capture or upload
• Ensuring you have the right to photograph and share any images you upload
• Not uploading photos that violate these Terms, including photos that are inappropriate, offensive, or infringe on others' rights
• Understanding that photos you share publicly cannot be completely retracted once viewed by others

WHILE WE IMPLEMENT REASONABLE SECURITY MEASURES TO PROTECT YOUR PHOTOS, NO METHOD OF TRANSMISSION OR STORAGE IS 100% SECURE. WE CANNOT GUARANTEE ABSOLUTE SECURITY OF YOUR PHOTOS. YOU USE CAMERA FEATURES AT YOUR OWN RISK.

The Changing Shape App may offer access to live coaching, virtual trainers, or nutrition experts ("Coaches").

Coaches are independent third-party providers and are not employees, agents, partners, joint venturers, or representatives of Changing Shape. Coaches have no authority to bind Changing Shape, make representations on its behalf, or modify these Terms.

Changing Shape does not supervise, direct, control, endorse, or guarantee any advice, statements, credentials, or conduct of Coaches and expressly disclaims any liability arising from coaching services or interactions.

Unless expressly stated otherwise in writing, coaches available through the App are not licensed medical professionals, registered dietitians, or certified healthcare providers, and no representation is made regarding professional licensure or credentials.

By using the app, users assume all risks associated with coaching services. Changing Shape is not responsible for any injury, illness, harm, or any other adverse outcome arising from coaching services.

Before implementing any recommendation from a coach, you should consult a licensed healthcare professional.

You acknowledge and agree that any statements, guidance, recommendations, or opinions provided by Coaches are general in nature and are not medical, nutritional, or professional advice. You agree not to rely on any coaching content as a substitute for consultation with qualified professionals and acknowledge that reliance on such content is at your sole risk.

The Changing Shape App may allow users to create, share, or upload their own meal plans, workout routines, and fitness-related content ("User Plans").

Changing Shape does not vouch for the accuracy, safety, or effectiveness of user plans. User plans may contain errors, outdated information, or recommendations that are unsafe or unsuitable for certain individuals. If you believe that any user plan is misleading, unsafe, or violates these Terms, please report it to https://www.changingshape.com/contact.

By using the app, users assume all risks associated with reliance on user plans. Changing Shape is not responsible for any injury, illness, harm, or any other adverse outcome arising from implementing any user plan.

You agree to use the App responsibly and legally. You specifically agree to:

Comply with Laws: Use the App in compliance with all applicable local, state, national, and international laws, rules, and regulations.

Appropriate Use: Use the App solely for its intended purpose and in a manner consistent with these Terms and any guidelines we may provide.

Account Security: Maintain the security and confidentiality of your account credentials and not share them with any other person.

Respectful Conduct: Interact with other users and our staff in a respectful and appropriate manner. You agree not to engage in any harassing, bullying, discriminatory, threatening, or otherwise inappropriate behavior. This includes, but is not limited to, refraining from spamming other users, engaging in excessive self-promotion in inappropriate areas, sharing misinformation, or doxxing other users.

Accurate Information: Provide accurate and truthful personal information when creating your account and using the App.

Community Guidelines: Adhere to any community guidelines or rules posted within the App.

Report Issues: Promptly report any technical issues, violations of these Terms, or inappropriate content to us.

Data Charges: You are solely responsible for any data charges that you may incur in connection with your use of the App.

Camera and Photo Use: If you use camera features, you agree to:

• Only photograph content that you have the right to capture and share
• Not upload photos containing inappropriate, illegal, or offensive content
• Not upload photos that violate others' privacy or rights
• Comply with all applicable laws regarding photography and image sharing
• Not use camera features to capture sensitive personal information of others without their consent
• You are solely responsible for the accuracy and completeness of any information or data you provide through the App

No Reliance or Guaranteed Results: You acknowledge and agree that you do not rely on the App, Services, AI-generated content, coaching services, wearable data, or any recommendations as professional advice or as guarantees of outcomes, results, or performance, and that all use of the App and Services is at your sole discretion and risk.

All content within the Changing Shape App, including but not limited to text, graphics, images, software, videos, audio, logos, trademarks, service marks, and other material ("App Content"), is owned by or licensed to Changing Shape and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the App and the App Content solely for your personal, non-commercial use in accordance with these Terms.

You are expressly prohibited from:

• Reproducing, modifying, distributing, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the App Content, except as explicitly permitted in these Terms.
• Using the App Content for any commercial purpose without our express prior written consent.
• Removing, altering, or obscuring any copyright, trademark, or other proprietary notices from the App Content.
• Using any robot, spider, or other automatic device, process, or means to access, scrape, data mine, or copy any of the App Content.
• Attempting to circumvent any technological measures implemented by us or any of our providers or any other third party (including another user) to protect the App or the App Content.
• Creating derivative works of the App Content.

The "Changing Shape" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks and service marks of Changing Shape or its licensors. You must not use such marks without our prior written permission.

The App may allow you to submit, post, upload, publish, or otherwise make available content, including but not limited to text, photographs, videos, and other materials ("User Content"). You are solely responsible for all of your User Content and the consequences of posting or publishing it.

By submitting User Content to or through the App, you grant to Changing Shape a worldwide, non-exclusive, royalty-free, irrevocable for the duration of your account and as necessary thereafter to comply with legal obligations, enforce these Terms, and maintain App integrity, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content solely for purposes of operating, maintaining, improving, securing, and internally promoting the functionality of the App and Services (e.g., feature previews, App demonstrations), and not for third-party advertising or marketing purposes, in any and all media or distribution methods now known or later developed.

Notwithstanding the foregoing, Changing Shape will not use User Content that constitutes consumer health data, including photos, for advertising, marketing, or AI model training purposes except as expressly described in our Privacy Policy or with your affirmative, explicit consent.

Except as required to comply with legal obligations, resolve disputes, enforce these Terms, maintain system backups, or ensure platform security and integrity, this license terminates upon deletion of your account.

You represent and warrant that:

• You own or control all rights in and to your User Content and have the right to grant the license granted above.
• Your User Content is accurate and not misleading.
• Your User Content does not violate these Terms or any applicable law, rule, or regulation.
• Your User Content will not infringe, misappropriate, or violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.

We have the right, but not the obligation, to monitor, review, edit, remove, or refuse to post any User Content for any reason, including without limitation if we believe that such User Content violates these Terms or is otherwise objectionable. We are not responsible for User Content, nor do we endorse any opinions expressed in User Content. We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion.

You agree not to post User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
• Is violent or promotes violence, or contains gratuitous violence.
• Is illegal or promotes illegal activities.
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.
• Violates any law or regulation.
• Contains viruses, corrupted data, or other harmful, disruptive, or destructive files.
• Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
• Contains private or personal information of another person without their consent (e.g., addresses, phone numbers, email addresses, Social Security numbers, credit card numbers).
• Is spam, advertising, or unauthorized commercial communications.
• Photos that:
  • Were taken without proper consent of individuals depicted
  • Violate others' privacy rights or publicity rights
  • Contain inappropriate or explicit content
  • Infringe on others' intellectual property rights
  • Contain sensitive personal information of others shared without authorization

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the App, please notify our designated copyright agent at https://www.changingshape.com/contact with:

Certain features of the App may require a subscription. By subscribing to a premium plan, you agree to pay the applicable subscription fees, which are specified at the point of purchase. All fees are quoted in U.S. Dollars (USD) as the base currency, unless otherwise stated. For users in other regions, currency conversion rates will apply based on prevailing exchange rates.

By providing a payment method, you expressly authorize us (or our third-party payment processor) to charge the applicable subscription fees to your selected payment method on a recurring basis (e.g., monthly or annually), depending on the subscription term you choose.

Subscriptions automatically renew for the same term as initially purchased unless you cancel your subscription before the end of the then-current subscription period. You will be charged for renewal within 24 hours prior to the end of the current subscription period.

You can cancel your subscription at any time through the App's account settings or through the platform through which you purchased the subscription (e.g., Apple App Store or Google Play Store). Please note that cancellation must be initiated before the renewal date to avoid being charged for the next subscription period. For subscriptions purchased through third-party app stores, you must manage cancellation through your app store account and in accordance with their terms and conditions. Changing Shape is not responsible for subscriptions managed directly through app stores and cannot process refunds for those subscriptions beyond the policies set by the respective app store.

Subscription fees are non-refundable, except where required by applicable law. We do not offer refunds or credits for partial subscription periods. Refunds, if any, are processed at our sole discretion and may be subject to the refund policies of the platform through which you purchased the subscription (e.g., Apple App Store or Google Play Store). Refunds for subscriptions purchased via third-party app stores are subject to the refund policies of those platforms.

We reserve the right to change our subscription fees at any time. We will provide you with 30 days prior notice of any changes to subscription fees. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use the subscription service after the price change takes effect, you accept the new fees.

Payments are processed through a third-party payment processor (e.g., Stripe, PayPal, Apple Pay, Google Pay). Your payment information is collected and processed by such third-party payment processors in accordance with their terms of service and privacy policy. We do not directly store your full payment card details. Please refer to the payment processor's terms and privacy policy for more information:

• Stripe: https://stripe.com/legal
• PayPal: https://www.paypal.com/us/legalhub/home

Subscription fees are exclusive of any applicable sales, use, or other taxes, unless otherwise stated. You are responsible for payment of all applicable taxes.

We reserve the right to suspend or terminate your account and your access to the App and Services, at any time, with or without cause, and with or without prior notice to you, including but not limited to the following reasons:

• Breach of these Terms or any other policies or guidelines we may issue.
• Extended inactivity of your account.
• Engaging in conduct that we, in our sole discretion, deem inappropriate, abusive, or harmful to the App, other users, or our business.
• Legal or regulatory requirements.
• Discontinuation of the App or Services, or any part thereof.

You may terminate your account at any time by following the account cancellation procedures within the App (Settings > Account > Delete Account), if available, or by contacting us at https://www.changingshape.com/contact.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHANGING SHAPE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHANGING SHAPE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, CHANGING SHAPE DOES NOT WARRANT THAT:

• THE APP OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• DEFECTS WILL BE CORRECTED.
• THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR SERVICES WILL BE ACCURATE OR RELIABLE.
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.
• THE APP WILL BE COMPATIBLE WITH ALL DEVICES AND OPERATING SYSTEMS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHANGING SHAPE OR THROUGH THE APP OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHANGING SHAPE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHANGING SHAPE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR RELATING TO:

• ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP OR SERVICES.
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP.
• ANY CONTENT OBTAINED FROM THE APP.
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
• RELIANCE ON ANY INFORMATION OR GUIDANCE PROVIDED BY THE APP OR SERVICES.
• HEALTH ISSUES OR INJURIES RESULTING FROM DIETARY OR FITNESS CHANGES BASED ON APP RECOMMENDATIONS.

IN NO EVENT SHALL CHANGING SHAPE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHANGING SHAPE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO:

• YOUR USE OF THE APP OR SERVICES.
• YOUR USER CONTENT.
• YOUR VIOLATION OF THESE TERMS.
• YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY, INCLUDING OTHER USERS.
• YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.

The App may integrate with or provide links to third-party websites, applications, services, or resources (collectively, "Third-Party Services"). These Third-Party Services are not under our control, and we are not responsible or liable for the content, functionality, privacy practices, or terms of use of any Third-Party Services. Your use of Third-Party Services is solely between you and the applicable third party and is subject to their terms and policies.

If you access or download the App through a third-party app store or platform (e.g., Apple App Store, Google Play Store), you acknowledge and agree that you must also comply with the terms and conditions of such app store or platform. By using the App that you have downloaded from a third-party app store, you acknowledge and agree that you are also bound by the terms of service and end user license agreement of that app store.

Links to Third-Party Services within the App are provided for your convenience only and do not imply any endorsement by or affiliation with Changing Shape of such Third-Party Services or the content, products, or services available from such Third-Party Services.

Information about whether and how we share data with third-party services is detailed in our Privacy Policy at https://www.changingshape.com/privacy-policy.

You acknowledge and agree that your use of Third-Party Services is at your own risk. We encourage you to review the terms of use and privacy policies of any Third-Party Services that you visit or use.

Changing Shape does not sell personal information or consumer health data, as those terms are defined under applicable privacy laws, and does not share such data for cross-context behavioral advertising.

You acknowledge that these Terms are between you and Changing Shape only, and not with Apple Inc., Google LLC, or any other app marketplace provider. Changing Shape, and not the app store provider, is solely responsible for the App and its content. App store providers have no obligation to furnish any maintenance or support services and have no warranty obligations with respect to the App.

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of laws principles. This governing law provision applies regardless of whether a dispute is resolved through arbitration, court proceedings, or any other permitted forum.

Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, except where prohibited by applicable law. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration shall take place in Vancouver, Washington, USA. The language of the arbitration shall be English. The arbitrator's decision shall be final and binding on all parties and may be enforced in any court of competent jurisdiction.

Notwithstanding Section 20.2, if you are a resident of a state that prohibits mandatory arbitration clauses for certain claims or limits their enforceability, those state law provisions shall apply. This includes but is not limited to:

• Washington consumer health data claims under the My Health My Data Act
• California consumer privacy claims under CCPA/CPRA
• Claims under state biometric privacy laws
• Other claims where mandatory arbitration is prohibited by applicable state law

If any portion of this arbitration clause is found unenforceable, the unenforceable portion shall be severed and the remaining arbitration terms shall be enforced.

YOU AND CHANGING SHAPE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Changing Shape agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

The arbitrator shall have no authority to conduct class arbitration, representative arbitration, private attorney general actions, or consolidated arbitration proceedings.

You may opt out of the arbitration provisions set forth in this Section by sending written notice to Changing Shape within thirty (30) days of first accepting these Terms. The notice must include your full name, account email address, and a clear statement that you wish to opt out of arbitration. Notices must be sent to https://www.changingshape.com/contact. Opting out of arbitration does not affect any other provision of these Terms. You may also submit an arbitration opt-out notice by certified mail to the mailing address listed in Section 21.6.

Notwithstanding Section 20.2, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Vancouver, Washington, USA, to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

You agree to comply with all local rules and laws regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

These Terms, together with our Privacy Policy at https://www.changingshape.com/privacy-policy, constitute the entire agreement between you and Changing Shape concerning your use of the App and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Changing Shape with respect to the App and Services.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions of these Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes closest to expressing the intention of the original provision.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Changing Shape.

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, at any time without notice or consent.

We shall not be liable for any failure or delay in performance under these Terms (including, without limitation, providing access to the App or Services) for causes beyond our reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, fires, storms)
• War, terrorism, or civil unrest
• Pandemics, epidemics, or public health emergencies
• Government actions, laws, regulations, or orders
• Cyberattacks, distributed denial-of-service attacks, or system failures beyond our control
• Labor disputes or strikes
• Failures of third-party service providers or internet service providers
• Shortages of transportation, fuel, energy, labor, or materials
• Interruption or failure of telecommunications or digital transmission systems

During such events, our obligations will be suspended for the duration of the force majeure event.

For any questions, concerns, or requests regarding these Terms, please contact us at:

Email: https://www.changingshape.com/contact
Phone: 360.601.0482, Mon - Fri. 8 a.m. to 5 p.m. PST
Mail: Changing Shape, 6715 NE 63rd St, #103 Vancouver, WA 98661

Any claim or cause of action arising out of or relating to these Terms, the App, or the Services—whether based in contract, tort, statute, or any other legal theory—must be brought within one (1) year after the claim arises. Otherwise, such claim or cause of action is permanently barred, except where prohibited by applicable law.

These Terms do not confer any rights or remedies on any person or entity other than you and Changing Shape.

The Privacy Policy is incorporated into these Terms by reference. To the extent any dispute arises from or relates to privacy, data protection, or data use practices, such dispute shall be subject to the dispute resolution provisions of Section 20 of these Terms, except where prohibited by applicable law.

By creating an account and using the App, you agree that Changing Shape may send you transactional and service-related communications, including account notices, security alerts, billing information, service updates, and legally required notices. These communications are necessary to provide the App and Services and are not promotional in nature. Marketing communications, where provided, are subject to applicable consent and opt-out rights as described in our Privacy Policy.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. government embargoes or sanctions, and that you are not listed on any U.S. government restricted party list. You agree to comply with all applicable export control and sanctions laws.

You acknowledge that you have read these Terms of Use, understand them, and agree to be bound by them. By clicking "I Agree" or by downloading, installing, accessing, or using the Changing Shape App, you are accepting these Terms of Use.