Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the HxF application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and HxF Health ("Company", "we", "us", or "our"). We reserve the right to modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the modified Terms.

2. Medical Disclaimer

3. Regulatory Status

HxF is classified as a "general wellness product" under the U.S. Food and Drug Administration (FDA) guidelines for low-risk devices.

HxF is:

• NOT cleared or approved by the FDA
• NOT a regulated medical device
• NOT intended for clinical or diagnostic use
• Intended solely for general fitness, nutrition tracking, and wellness purposes

The App is designed to help users maintain or encourage a healthy lifestyle and is unrelated to the diagnosis, cure, mitigation, prevention, or treatment of a disease or condition.

4. Artificial Intelligence Services

HxF uses artificial intelligence ("AI") technologies provided by third-party services including OpenAI, Anthropic (Claude), and Google (Gemini) to generate personalized recommendations, workout plans, meal suggestions, and conversational responses.

YOUR RESPONSIBILITY: You are solely responsible for verifying any AI-generated information before acting on it, using your own judgment when following recommendations, and consulting healthcare professionals for medical decisions.

We do not guarantee the accuracy, completeness, or reliability of any AI-generated content.

5. Data Collection & Personalization

To provide personalized health and fitness recommendations, HxF collects and processes the following data:

You can disable health data sharing, request data export, or request data deletion through the app's Privacy Settings or by contacting us.

6. User Eligibility & Responsibilities

By using HxF, you agree to:

• Provide accurate, current, and complete information
• Use the App only for lawful purposes
• Not attempt to circumvent usage limits or security measures
• Not use the App to harm, harass, or abuse others
• Not reverse engineer, decompile, or disassemble the App
• Not use automated systems to access the App
• Consult healthcare professionals for medical decisions

ASSUMPTION OF RISK: Physical exercise and dietary changes carry inherent risks. By using HxF, you acknowledge and assume all risks associated with physical activity and dietary modifications.

7. Food Database & Nutrition Information

HxF maintains a food database containing nutritional information from various sources including the USDA Food Database and AI-generated estimates from food photos.

YOU ARE SOLELY RESPONSIBLE for knowing about any food allergies you may have and for making safe food choices.

8. Subscription Terms

9. Third-Party Services

HxF integrates with and relies upon third-party services:

These services operate under their own terms and privacy policies. We are not responsible for the practices, content, or availability of third-party services.

10. Intellectual Property

The App, including all content, features, and functionality, is owned by HxF Health and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

You may not copy, modify, distribute, sell, or lease any part of the App without our prior written consent.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT.

WE DO NOT WARRANT THAT: the App will meet your requirements, results will be accurate or reliable, any errors will be corrected, or the App will be available at all times.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HXF HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM:

• Your access to or use of (or inability to use) the App
• Any content obtained from the App
• Unauthorized access to your data
• Reliance on AI-generated content

LIABILITY CAP: Our total liability for any claims arising from your use of the App shall not exceed the greater of: (a) the amount you paid for the App in the 12 months preceding the claim, or (b) One Hundred US Dollars ($100).

Some jurisdictions do not allow limitation of liability for certain damages, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless HxF Health and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws
• Any content you submit through the App

14. Termination

We reserve the right to suspend or terminate your access to the App at any time, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your license to use the App will immediately cease. Provisions that by their nature should survive termination will survive (including warranty disclaimers, limitation of liability, and indemnification).

You may terminate your use of the App at any time by deleting it from your device and cancelling any active subscriptions.

15. Governing Law & Disputes

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

DISPUTE RESOLUTION: Any dispute arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in any court of competent jurisdiction.

CLASS ACTION WAIVER: You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

VENUE: Any legal proceedings shall take place in the state or federal courts located in Delaware.

16. General Provisions

ENTIRE AGREEMENT: These Terms, together with our Privacy Policy, constitute the entire agreement between you and HxF Health regarding the App.

SEVERABILITY: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

WAIVER: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

ASSIGNMENT: You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

17. Contact Us

If you have questions about these Terms, contact us at: