Important Notice

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access the Service. These Terms contain an Arbitration Agreement that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1. Accounts

Creating and maintaining an account with gymii. requires your commitment to providing and maintaining accurate information, as well as understanding your rights and responsibilities regarding data contribution. This section outlines the requirements, responsibilities, and rights associated with your account.

Account Creation and Management To access certain features of our Service, you must create an account by providing accurate and complete registration information. By creating an account, you accept responsibility for maintaining the accuracy of your account information throughout your use of the Service. This includes keeping your contact information current and ensuring all other provided information remains accurate and up-to-date. You are responsible for maintaining the security of your login credentials and must take reasonable precautions to prevent unauthorized access to your account. This includes selecting strong passwords, not sharing your credentials with others, and logging out of your account when using shared devices.

Security and Unauthorized Access You agree to notify us immediately if you detect any unauthorized access to your account or suspect any security breach. This notification should be made through our designated support channels to ensure prompt attention to security concerns. We take these notifications seriously and will work with you to investigate and address any security issues. However, the Company cannot and will not be liable for any loss or damage arising from your failure to comply with these security requirements or from unauthorized access that occurs due to compromised login credentials under your control.

Data Contribution and Commercial Datasets As an account holder, you should understand that certain data you provide through the Service may be used in commercial datasets. Specifically, the food photos you upload and any corrections you make to AI-generated analysis may be included in datasets that we license to third parties for artificial intelligence development purposes. This data usage is fundamental to improving our Service and advancing food recognition technology. However, we maintain a strict separation between different types of data - while food-related data may be included in commercial datasets, your health and fitness data from integrated services like Apple HealthKit or Google Fit is never included in these datasets or shared with third parties.

User Rights and Control You maintain significant control over how your data is used within our Service. You have the right to opt out of having your food-related data included in commercial datasets at any time through our app settings or by contacting our support team. Importantly, choosing to opt out of dataset inclusion will not affect your access to any core features of the Service or degrade your user experience in any way. As a user, you also have specific rights under various privacy regulations, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). These rights include the ability to request information about how your data is used, request copies of your data, and request deletion of your data under certain circumstances.

Compliance and Platform Requirements Our account systems and data handling practices are designed to comply with all relevant privacy laws and platform-specific requirements. This includes maintaining separate data handling procedures for different types of information, implementing appropriate security measures, and providing transparent mechanisms for users to exercise their rights. We regularly update our systems and practices to ensure continued compliance with evolving privacy regulations and platform requirements.

Account Termination We reserve the right to suspend or terminate accounts that violate our terms of service, engage in prohibited activities, or fail to comply with our security requirements. In cases of account termination, we will handle your data in accordance with our Privacy Policy and applicable laws, including processing any opt-out requests and data deletion requests as required by law.

2. AI Services and Disclaimers

Our Service incorporates advanced artificial intelligence (AI) technology to analyze food images and provide nutritional insights. This section outlines important information about our AI features, their limitations, and your rights and responsibilities when using these features.

AI-Generated Content and Analysis The Service employs artificial intelligence to analyze food images and generate nutritional information. These AI features are designed to enhance your experience by providing automated meal analysis and nutritional insights. When you use our AI features, you explicitly acknowledge that these features are powered by machine learning algorithms that analyze visual data and apply pattern recognition to provide estimations and suggestions about your meals.

Scope of AI Services and Medical Disclaimer It is crucial to understand that our Service, including all AI-powered meal analysis and diet program features, is provided strictly for informational and entertainment purposes. The Service is not intended to be, and should not be interpreted as, a substitute for professional medical advice, diagnosis, or treatment. We do not provide medical advice or licensed nutritionist instruction through our platform. The nutritional analysis, meal breakdowns, and dietary suggestions generated by our AI system should not be considered as professional healthcare guidance. Furthermore, using our Service does not establish any form of professional relationship – whether that be trainer-client, medical provider-patient, or otherwise.

Technical Limitations and Accuracy The accuracy of our AI analysis can be affected by various technical factors and limitations. These include, but are not limited to, lighting conditions, camera angle, image quality, and internet connectivity. Due to these variables, AI responses may sometimes be incomplete, inaccurate, or not perfectly suited to your specific situation. The Company makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any AI-generated content. Additionally, as AI technology continues to evolve and learn, responses may vary and may not be consistent across different interactions or over time.

User Corrections and Data Usage When you use our Service, you have the ability to correct or modify AI-generated analysis results. These corrections are invaluable as they help improve our AI system's accuracy and benefit all users. By providing corrections, you acknowledge and agree that your modifications become part of our training data. These corrections, along with the original images and associated metadata, may be included in commercial datasets that we license to third parties for artificial intelligence development purposes. This helps advance food recognition technology and improves the accuracy of AI analysis across the industry. Your corrections may be licensed as part of our datasets, but we ensure all such data is anonymized and stripped of personal identifiers before inclusion in any commercial datasets.

User Responsibility and Due Diligence As a user of our AI features, you bear sole responsibility for evaluating and verifying any information or suggestions provided through the Service. We strongly encourage you to exercise your own judgment and conduct appropriate due diligence before acting on any AI-generated content or nutritional analysis. This includes verifying nutritional information, portion sizes, and dietary recommendations through reliable sources. For any matters relating to health, fitness, or medical decisions, we strongly recommend consulting with qualified healthcare professionals before making significant changes to your diet or exercise routine.

Limitation of Liability Given the nature of AI technology and its inherent limitations, we maintain specific liability restrictions regarding our AI features. The Company shall not be liable for any damages or injuries that may result from reliance on AI-generated content, including but not limited to any nutritional analysis, dietary suggestions, or meal breakdowns. We explicitly disclaim responsibility for any decisions, actions, or consequences that arise from your use of or reliance on our AI-generated responses or analysis. By using these features, you acknowledge and agree that you do so at your own risk and accept full responsibility for verifying any information provided through our AI system.

Continuous Improvement and Updates Our AI system is continuously learning and evolving, and we regularly update our algorithms to improve accuracy and performance. These updates may result in changes to how the AI analyzes and processes food images, potentially leading to different results for similar inputs over time. We reserve the right to modify, improve, or update our AI features at any time without prior notice, as part of our commitment to delivering the best possible service to our users.

3. User Rights and Restrictions

Using our Service comes with specific rights and restrictions designed to protect both our users and our platform. This section outlines the scope of your license to use the Service and details important restrictions on its use.

License to Use the Service We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for personal, non-commercial purposes. This license is conditional upon your compliance with these Terms and allows you to access and use our platform's features as intended for individual users. The license we grant is personal to you and cannot be shared, transferred, or assigned to others.

Restrictions on Use To maintain the integrity of our Service and protect our intellectual property rights, certain activities are strictly prohibited. You may not sell, rent, lease, or otherwise commercially exploit the Service or any of its components. Any attempt to modify, reverse engineer, or create derivative works based on our Service is expressly forbidden. This includes, but is not limited to, attempting to extract our source code, copying or reproducing any part of the Service without explicit permission, or using our technology to build a competing product. Furthermore, you are prohibited from attempting to bypass any access restrictions, security measures, or technical limitations we have implemented.

4. User Content

The content you contribute to our Service is fundamental to your experience and, in some cases, to the improvement of our platform. This section details your rights regarding the content you submit, how we may use this content, and the guidelines for acceptable use.

Content Ownership and Rights You retain ownership of all content you submit to the Service, which we refer to as "User Content." This includes your profile information, food photos and images, any corrections you make to AI analysis, nutritional information and metadata you provide, and any health and fitness data you choose to share. While you maintain ownership of this content, you grant us specific licenses to use it as detailed below.

Commercial Dataset License and Usage Rights By submitting food-related content to our Service, you grant us a comprehensive license that enables us to use your contributions for both service improvement and commercial purposes. Specifically, you grant us a worldwide, perpetual, irrevocable, and royalty-free license to use your food photos, corrections to AI analysis, and associated metadata. This license includes the right to compile this data into commercial datasets, license these datasets to third parties for artificial intelligence development purposes, and modify, anonymize, and aggregate this data as needed.

International Data Transfers As part of our commercial dataset licensing program, we may transfer and license datasets containing your anonymized food-related content to companies and organizations worldwide. By using our Service, you acknowledge and consent to the transfer of your anonymized food-related data across international borders. While your personal information and health data remain protected under our strict privacy controls, the commercial datasets containing anonymized food photos and corrections may be transferred internationally as part of our licensing program. We ensure all such international transfers comply with relevant data protection laws and implement appropriate safeguards to maintain data security and integrity throughout the transfer process.

AI Model Rights and Ownership The artificial intelligence models and systems developed using our commercial datasets, including your anonymized contributions, are the exclusive property of their respective creators. While you retain ownership of your original content, you acknowledge and agree that you claim no ownership rights over any AI models, algorithms, or derivative works created using the anonymized datasets that include your content. This includes, but is not limited to, machine learning models, visual recognition systems, and other AI technologies developed by third parties using our licensed datasets. Your data rights remain limited to your original content, and the license you grant allows for the unrestricted development and commercialization of AI systems using the anonymized datasets.

Important Exclusions and Protections Our commercial dataset license specifically excludes certain sensitive categories of information. We will never include health and fitness data from Apple HealthKit, Google Fit, or similar services in our commercial datasets. Similarly, personal identification information, profile information, and account details are explicitly excluded from commercial dataset usage. This separation ensures that while we can use food-related data to advance AI technology, your personal and health information remains private and protected.

Opt-Out Rights and Process We respect your right to control how your food-related content is used in commercial datasets. You may opt out of having your content included in these datasets at any time through either the "Dataset Opt-Out" toggle in your app settings or by emailing us at hello@gymii.ai. While opting out will prevent your content from being included in future datasets, please note that this cannot affect previously compiled datasets where your content may have already been anonymized and included.

Acceptable Use Policy and Content Guidelines Our Service is designed specifically for diet and meal tracking purposes, and our content guidelines reflect this focused purpose. We welcome content that directly relates to your dietary habits and nutritional tracking, including meal and food photos, nutritional information, diet-related progress updates, meal plans and recipes, and food diary entries. This content should be accurate, appropriate, and aligned with our platform's health-focused mission.

Prohibited Content and Removal Rights To maintain the quality and safety of our platform, certain types of content are strictly prohibited. This includes any content not directly related to diet tracking or nutrition, non-food photographs or images, general social media style posts, and promotional content. We also prohibit content that violates others' privacy or intellectual property rights, explicit or offensive material, false or misleading nutritional information, spam or automated posts, content promoting extreme or unsafe dietary practices, and any unlawful, harmful, threatening, or discriminatory content.

Content Moderation and Account Actions We actively monitor content posted to our Service to ensure compliance with these guidelines. We reserve the right to remove any content that violates our guidelines, and we may suspend or terminate accounts that repeatedly post prohibited content. These actions are taken to maintain the quality and safety of our platform for all users. Our moderation decisions are final, though we strive to be fair and consistent in their application.

5. Privacy and Security

The protection of your personal information and data security are fundamental priorities in our Service operations. This section outlines our commitment to privacy and security, while acknowledging the inherent risks of digital services.

Data Protection Practices We implement comprehensive measures to protect your personal information and maintain compliance with applicable privacy laws, including but not limited to CCPA and GDPR. These measures encompass technical, administrative, and physical safeguards designed to prevent unauthorized access, maintain data accuracy, and ensure appropriate use of information. Our detailed Privacy Policy, available at https://site.gymii.ai/privacy, provides comprehensive information about how we collect, use, protect, and process your data. We encourage you to review this policy regularly as it is updated periodically to reflect changes in our practices and services.

Security Measures and Risk Acknowledgment Our platform employs industry-standard security measures to protect your data, including encryption protocols, secure data storage systems, and regular security audits. However, it is important to acknowledge that no method of electronic storage or transmission over the internet is completely secure. Despite our best efforts and robust security measures, we cannot guarantee absolute security of your data. By using our Service, you acknowledge and accept these inherent risks of digital data transmission and storage. This acknowledgment is not meant to diminish our commitment to security but rather to ensure transparency about the realities of digital services.

6. Third-Party Services

Our Service operates within a broader ecosystem of digital services and integrations. This section details our relationships with third-party services and what these relationships mean for your data and privacy.

External Links and Third-Party Websites Our Service may contain links to external websites or third-party services that operate independently of gymii. While we select our partners and linked resources carefully, we do not exercise control over these external services. We cannot and do not assume responsibility for the content, privacy policies, or practices of any third-party sites or services. When you follow links to other websites or services, we encourage you to read their respective privacy policies and terms of service to understand how they collect and use your information.

Integration Partners and Service Providers To provide a comprehensive service, we partner with various third-party providers for specific functionalities such as payment processing, data analytics, and fitness tracking. These partnerships are carefully selected and governed by strict data protection agreements. Your use of these integrated services is subject to the respective third party's terms of service and privacy policies, in addition to our own terms. We recommend familiarizing yourself with these policies when using integrated features.

Health Platform Integrations and Data Protection Our Service integrates with several health and fitness platforms to enhance your experience and provide comprehensive health tracking capabilities. These integrations primarily include Apple HealthKit, Google Fit, and other fitness tracking services. We maintain especially strict privacy and security standards for these health-related integrations, given the sensitive nature of health data.

For all health platform integrations, we follow a strict set of principles and practices. We only access the specific types of health data that you explicitly authorize through your device settings. This health data is used exclusively for service personalization, such as providing more accurate nutritional recommendations based on your activity levels and health goals. We maintain a strict firewall between health data and our commercial activities - your health data is never included in commercial datasets or shared with third parties for any purpose.

You maintain complete control over these health platform integrations through your device settings. You can modify permissions or completely revoke access to health data at any time without losing access to our core services. When you revoke access, we immediately cease collecting any new health data from these platforms.

We strictly comply with all platform-specific requirements for health data handling, including Apple's HealthKit guidelines and Google Fit's data policies. This compliance includes maintaining appropriate security measures, limiting data usage to authorized purposes, and providing transparent control mechanisms for users. Our handling of health data adheres to the highest standards of privacy protection and regulatory compliance, ensuring your sensitive health information remains secure and under your control.

7. Disclaimers

Our Service is provided on an "as is" and "as available" basis, and we believe it's important to be clear about the limitations and disclaimers that apply to your use of our platform. We expressly disclaim all warranties, whether express or implied, regarding the Service. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no guarantees about the continuous or uninterrupted availability of the Service, nor do we warrant that the Service will be error-free or that any defects will be corrected. Furthermore, we do not guarantee the accuracy of results or information obtained through the Service, including AI-generated analysis, nutritional information, or other content.

These disclaimers exist because digital services, particularly those involving AI technology and nutritional analysis, are complex systems that can be affected by various factors beyond our control. While we strive to provide reliable and accurate services, we cannot guarantee perfect results or uninterrupted access. We believe it's important for users to understand these limitations when using our Service.

8. Limitation of Liability

To the maximum extent permitted by applicable law, we establish specific limitations on our liability to provide clear boundaries on our legal responsibilities. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages that may arise from your use of the Service. This limitation applies regardless of whether such damages are based on contract, tort, negligence, strict liability, or any other legal theory.

Our total liability for any claims arising from or relating to the Service is strictly limited and shall not exceed the amount you have paid us for the Service in the twelve months preceding the claim. This limitation applies to all causes of action in the aggregate, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort.

Furthermore, we explicitly disclaim liability for any loss or damage that results from your failure to comply with these Terms. This includes, but is not limited to, damages arising from your violation of the acceptable use policy, unauthorized access to your account due to failure to maintain security, or any misuse of the Service's features or content.

It's important to note that some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. Therefore, some of the limitations in this section may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

9. Term and Termination

Duration and Ongoing Agreement These Terms constitute a binding agreement that remains in effect for the entire duration of your use of the Service. This agreement begins when you first access or use the Service and continues until terminated by either party. Both you and the Company retain the right to terminate this agreement at any time and for any reason. You may terminate by discontinuing use of the Service and deleting your account, while we may terminate by notifying you and discontinuing your access to the Service.

Effects and Consequences of Termination When this agreement is terminated, whether by your action or ours, several important consequences take effect immediately. Your right to access and use the Service will cease immediately upon termination. This includes access to your account, stored information, and all features of the Service. We may, at our discretion, delete your account and all associated data after termination. This includes any content you've uploaded, your profile information, and any stored preferences or settings.

However, certain provisions of these Terms survive termination and continue to be binding. These surviving sections include, but are not limited to, provisions related to content ownership, intellectual property rights, limitations of liability, and dispute resolution procedures. Additionally, any licenses you've granted for the use of your content in commercial datasets prior to termination will remain in effect, as these licenses are irrevocable and survive the termination of your account.

Post-Termination Data Handling Upon account deletion, we implement a comprehensive data handling process that balances user privacy with legitimate business needs and legal obligations. When you choose to delete your account, we will delete or de-identify personal information that is not required for legitimate business purposes or legal obligations. However, certain data elements, particularly those that have been incorporated into our commercial datasets, will be retained due to their anonymized nature and existing licensing commitments.

The retained data encompasses several categories of information that have already been processed and integrated into our systems. This includes previously anonymized food photos that exist within our commercial datasets, user corrections and annotations that have been incorporated into our training data, aggregated and anonymized usage statistics that inform our service improvements, and any data that we are required to maintain for legal compliance or legitimate business purposes.

Our retention of this specific data is founded on several important technical and business considerations. First, this information has already undergone a thorough anonymization process, effectively stripping it of all personal identifiers that could link it back to individual users. Second, much of this data may already be licensed to third parties under irrevocable terms, creating binding legal obligations that survive account termination. Third, the technical architecture of our aggregated datasets makes it infeasible to remove individual contributions without compromising the integrity of the entire dataset. Finally, this historical data serves legitimate business interests by contributing to the continuous improvement of our AI technology and service quality.

This data retention approach ensures we can maintain the quality and reliability of our service while respecting user privacy and fulfilling our contractual obligations to dataset licensees. The retained data continues to serve valuable purposes in advancing food recognition technology and improving the user experience for our entire community, while maintaining appropriate privacy protections through anonymization and careful access controls.

10. Dispute Resolution

The resolution of any disputes arising from your use of our Service is governed by specific procedures and legal frameworks designed to provide fair and efficient resolution mechanisms. This section outlines the governing law and arbitration procedures that apply to any disputes between you and gymii.

Governing Law These Terms of Service and any disputes arising from them are governed by the laws of the State of New York, without regard to its conflict of law principles. This choice of law provision ensures consistency in the interpretation and application of these Terms, regardless of where users are located or where disputes may arise. However, this choice of law does not override any mandatory consumer protection laws that may apply in your jurisdiction.

Arbitration Agreement We have established a comprehensive arbitration agreement to provide a structured and efficient method for resolving disputes. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved through binding arbitration. This arbitration shall be conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration proceedings will be conducted in New York City, New York. This location requirement applies to the physical arbitration proceedings, though some preliminary matters may be conducted virtually when appropriate. The arbitration will be limited to individual claims, and you explicitly waive any right to participate in class action lawsuits or class-wide arbitration. This means that you may only bring claims in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

The arbitrator will issue a written decision that explains the essential findings and conclusions on which the award is based. This requirement ensures transparency in the decision-making process and provides both parties with a clear understanding of the arbitrator's reasoning. The arbitrator's decision will be final and binding on all parties, subject only to very limited review under the Federal Arbitration Act.

11. General Provisions

This section contains important general provisions that govern the overall administration and interpretation of these Terms of Service. These provisions help ensure clarity and proper functioning of our legal relationship with users.

Modifications and Updates As our Service evolves and grows, we reserve the right to modify, amend, or update these Terms of Service at any time. To ensure transparency, when we make changes, we will post notice of the modifications on our Service and update the "Last Updated" date at the top of the Terms. All changes will become effective 30 days after we post notice of the updates, providing you with time to review the changes and decide whether you wish to continue using the Service under the new terms.

Your continued use of the Service after the changes become effective constitutes your acceptance of the modified Terms. If you choose to review the changes during the 30-day notice period and disagree with them, you may terminate your account before the new Terms take effect. We strongly encourage you to review the Terms periodically to stay informed of any updates that may affect your use of the Service.

When we make material changes specifically related to data processing, including how we collect, use, or share your data, we implement additional protective measures and transparency mechanisms. For such changes, we will obtain fresh consent from users for any new data processing activities, provide clear and accessible opt-out mechanisms for new data uses, and continue to honor any existing opt-out preferences that users have selected under the previous terms.

The handling of existing data under updated terms requires special consideration. Data collected under previous versions of our Terms remains subject to those terms unless we obtain new consent from you. We may continue to use previously collected data in accordance with the terms under which it was originally collected. If you choose to accept the new terms, your previous data will become subject to these updated terms. However, if you decline the new terms, while your new data will not be collected for commercial datasets, any previously collected data will remain subject to its original terms of collection and use.

To maintain accountability and transparency in our data practices, we maintain detailed records of user interactions with our Terms. This includes documentation of when users accepted various versions of our terms, which terms applied to data collected during different periods, and a comprehensive record of user consent and opt-out choices across different versions of our terms. This record-keeping ensures we can accurately track and honor user preferences while maintaining compliance with data protection regulations.

Severability If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. This severability provision ensures that the unenforceability of one provision does not invalidate the entire agreement. Instead, the unenforceable provision is separated from the rest of the Terms while preserving the validity and enforceability of all other provisions.

Assignment of Rights These Terms are personal to you, and you may not assign, transfer, or sublicense your rights under these Terms to anyone else without our prior written consent. Any attempt to assign your rights without our consent will be void. However, we may assign, transfer, or delegate any of our rights and obligations under these Terms without restriction or notification. This may occur, for example, in connection with a merger, acquisition, corporate reorganization, or sale of assets. This asymmetric assignment provision is necessary to ensure the efficient operation and potential future development of our business while maintaining consistent user relationships.

Contact Us

If you have any questions about this Privacy Policy, You can contact us at hello@gymii.ai