These Terms of Service (the "Terms") are a binding agreement between you and VsiqueMax [pending: legal entity name] ("VsiqueMax", "we", "our" or "us"). They govern your use of the VsiqueMax website, apps, Coach and related services (together, the "Services").
Please read Section 15 carefully. It requires you and us to resolve most disputes through individual arbitration, not in court, and it waives class actions and jury trials. You can opt out of arbitration within 30 days, as Section 15 explains.
Paid plans renew automatically until you cancel. Section 7 explains how billing, renewal and cancellation work.
By creating an account, starting a scan or otherwise using the Services, you accept these Terms. If you do not accept them, do not use the Services. Our Privacy Policy and Consumer Health Data Privacy Policy explain how we handle personal data.
1. What VsiqueMax does
VsiqueMax estimates body proportions, leanness and muscle development from a photo you provide and a few numbers you enter, scores them against the targets in our model, and suggests a training and nutrition plan. It also offers an AI Coach that answers questions about your saved results, and Envision, which shows an illustration of how your physique might change.
Our results are estimates made by software. Many features are labelled Beta, which means we are still testing how well they work. Section 3 explains the limits of what our results can tell you.
2. Eligibility and accounts
Age. You must be at least 18 years old, and an adult where you live, to use the Services.
Your account. You sign in with Google. You must give accurate information, keep your sign-in secure and tell us promptly at [pending: contact email] if you think someone else has accessed your account. You are responsible for what happens under your account. One account is for one person. Do not share it, sell it, or open extra accounts to get around plan limits.
Using VsiqueMax without an account. You can try a scan without signing in. That scan stays on your device, and some features are not available until you sign in.
3. Health, safety and the limits of our results
Not medical advice. VsiqueMax is a general fitness and wellness product. It is not a medical device, and nothing in the Services diagnoses, treats, cures, mitigates or prevents any disease or condition. Scores, body fat estimates, calorie and protein targets, plans, Envision images and Coach answers are general information. They are not a substitute for advice from a physician, registered dietitian or other qualified professional who knows your health.
Talk to a professional first. Get medical advice before you start a new exercise, diet or weight change program, and especially if you are pregnant, have a medical condition or injury, take medication, or have ever had an eating disorder. Stop and seek help right away if you feel pain, chest discomfort, dizziness, faintness or shortness of breath.
Our results can be wrong. A photo is an imperfect source. Lighting, pose, camera angle, lens, clothing, image quality and the numbers you enter all change the result, and the same person can get different results from different photos. A body fat estimate from a photo can differ from a laboratory scan by several percentage points. Muscle and proportion scores come from statistical models and from the lines and areas placed on your photo, which may be misplaced.
Scores are a model, not a verdict. Our scores measure your photo against one set of aesthetic targets that we chose. Those targets are opinions about appearance. A score says nothing about your health, fitness, ability or worth.
Envision is an illustration. Envision edits your photo to show one possible outcome under assumptions you choose. It is not a prediction or a promise of results.
The Coach is an AI. Coach answers are written automatically by an artificial intelligence model. No person reviews them before you see them. They can be incomplete, out of date or wrong, so check anything important with a qualified professional.
Your choices are your own. You decide whether and how to follow any plan or suggestion, and you accept the risks of exercise and dietary change, including injury. Train within your limits.
Support. If you are struggling with how you see your body, or with eating, please reach out to a professional or a support line. In the United States you can call or text 988 at any time.
4. Photos and the people in them
Photos of you. You may scan photos of yourself.
Photos of other people. You may scan a photo of another person only if:
- that person is an adult;
- you have that person's permission, or the person is a public figure and the photo was lawfully published by them or with their permission; and
- you have the legal right to use the photo, for example because you took it or its owner allows the use.
Results about another person are for your own private, non-commercial use. The one exception is ours: we may review a celebrity you added and, once approved, show that person's name, scores and the photo kept with the scan to other users in the Celebrities list, without saying who added it. You can take it off the list at any time by deleting the scan. Do not publish, sell or share them in a way that identifies the person, and never use them to mock, shame, harass or rank real people.
Never upload a photo of anyone under 18, a nude or sexual image, an image of someone taken without their knowledge in a private place, or any image you do not have the right to use.
If you appear in someone's scan. If you believe someone scanned a photo of you without the right to do so, contact [pending: contact email]. We will review the request and, where appropriate, delete the scan.
5. Acceptable use
You may use the Services only for your own personal, non-commercial purposes and only as these Terms allow. You may not:
- break any law, or infringe or violate anyone's rights, including privacy, publicity and intellectual property rights;
- upload content described in Section 4 as not allowed;
- copy, sell, rent, sublicense or offer the Services or their results as part of another product or service;
- reverse engineer, decompile or try to extract our models, measurement methods, prompts or source code, except where the law gives you that right despite this restriction;
- scrape, crawl or automatically collect data from the Services, or get around rate limits, plan limits or security measures;
- probe, scan or test the Services for vulnerabilities without our written permission, or try to access another person's account or data;
- interfere with or overload the Services, or upload malware;
- try to make the Coach produce harmful, unlawful or misleading content, or use it to give advice to others as if it came from a professional; or
- present VsiqueMax results as a medical, clinical or professional assessment.
6. Your content
What content means. "Input" is what you provide: photos, measurements, answers, the lines and areas you adjust, check-ins, notes and Coach messages. "Output" is what the Services return from it: results, scores, plans, images and answers. Together they are "Content".
You keep your rights. As between you and us, you own your Input and you own your Output, to the extent the law allows. Similar inputs can produce similar outputs for other users.
The permission you give us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process and display your Content only as needed to provide, secure and support the Services for you, to comply with the law and to enforce these Terms. This license ends when you delete the Content, except for copies we must keep under the law or that remain for a limited time in backups, as our Privacy Policy explains.
Improving our models. We will not use your photos or scans to train or evaluate our measurement models unless you separately agree to it. If you agree and later withdraw, we stop using your data for that purpose going forward, but we cannot remove what a model has already learned.
Your responsibility. You are responsible for your Input, and you confirm you have every right and permission needed to provide it.
7. Plans, payments and renewals
Plans. VsiqueMax offers a free plan and paid plans (currently Pro and Max). Each plan's features and limits, such as how many scans you can save and how many Coach messages you can send, are shown on our pricing page and in the app before you buy. We may change free features and limits at any time. We will not reduce what a paid plan includes during a billing period you have already paid for.
Who sells to you. Paid plans are sold and billed through Stripe, which acts as the merchant of record for your purchase. That means Stripe processes your payment, calculates and collects applicable sales tax or VAT, and handles payment disputes. Stripe's own terms also apply to your payment. We do not receive or store your full card number.
Automatic renewal. When you subscribe, you authorize recurring charges. Your subscription renews automatically at the end of each billing period (monthly, every 3 months or yearly, as you chose) at the price then in effect, until you cancel. The price, billing period and renewal terms are shown at checkout before you confirm.
Cancelling. You can cancel at any time from Settings, Billing, which opens the Stripe customer portal. Cancellation takes effect at the end of the current billing period. You keep paid features until then, and you will not be charged again.
Refunds. Except as described below or where the law requires otherwise, payments are non-refundable, and we do not give refunds or credits for partly used billing periods or unused allowances. If you believe you were charged in error, contact [pending: contact email] within 60 days of the charge and we will look into it.
If you live in the EU, UK or another country with a cooling-off right. You may have a legal right to withdraw from a purchase within 14 days. Because the Services start immediately, you ask us to begin providing them during that period and acknowledge that, where the law allows, you lose the right to withdraw once the Services have been fully provided, or you may owe a proportionate amount for the part already provided.
Price changes. We may change the price of a paid plan. We will tell you at least 30 days before a new price applies to your subscription, and you can cancel before it takes effect.
Failed payments. If a renewal payment fails, we may keep your paid features for a short grace period while payment is retried. If payment is not completed, your account moves to the free plan.
Moving to a lower plan. If your paid plan ends, your saved data is not deleted because of it. Scans beyond the free plan's history are kept but locked until you subscribe again or delete them.
Promotion codes. Promotion codes have no cash value, can be used only as stated when issued, and may expire.
8. Our intellectual property
We and our licensors own the Services, including the software, models, methods, scoring, text, designs, and the VsiqueMax name and logo. Apart from the right to use the Services under these Terms, you receive no rights in them. If you send us ideas or feedback, we may use them freely without any obligation to you.
9. Third-party services
The Services rely on others, including Google for sign-in, Stripe for payments, Cloudflare for hosting and Anthropic for Coach answers. Their services are governed by their own terms, and we are not responsible for them. Links to other websites are provided for convenience only.
10. Suspension and termination
By you. You can stop using the Services at any time, and you can delete your account in Settings, Account. Deleting your account does not cancel a subscription that is still set to renew, so cancel it first in Settings, Billing.
By us. We may suspend or end your access, in whole or in part, if you seriously or repeatedly break these Terms, if the law requires it, or if your use creates a risk of harm to VsiqueMax, our users or anyone else. Where we reasonably can, we will tell you why and give you a chance to save your data. If we end a paid subscription without cause, we will refund the unused part of the period you paid for.
Appeals. If you think we suspended or closed your account by mistake, write to [pending: contact email].
11. Changes to the Services
We are continually developing VsiqueMax and may add, change or remove features. If we discontinue the Services entirely, we will give you at least 30 days' notice so you can export or delete your data, and we will refund any prepaid amount for the period after the Services end.
12. Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT RESULTS WILL BE ACCURATE OR RELIABLE, OR THAT ANY CONTENT WILL NOT BE LOST.
YOU USE ALL OUTPUT AT YOUR OWN RISK, AND YOU WILL NOT RELY ON IT AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES, LICENSORS OR PERSONNEL WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100).
These limits apply to every theory of liability, whether contract, tort (including negligence), product liability or anything else. They do not limit liability that cannot be limited by law, such as liability for fraud, for gross negligence or willful misconduct, or for death or personal injury caused by our negligence. Some places do not allow certain disclaimers or limits, so some of Sections 12 and 13 may not apply to you, and you may have other rights.
14. Indemnity
If you are a consumer, this section applies only to the extent your local law allows. You will defend, indemnify and hold harmless VsiqueMax and our affiliates and personnel from third-party claims, and the resulting losses, damages and reasonable legal fees, arising from content you uploaded without the right to do so, including photos of other people, or from your violation of these Terms or the law. We will tell you about any such claim promptly and may take part in the defense with counsel of our choice.
15. Dispute resolution
YOU AND VSIQUEMAX AGREE TO THE FOLLOWING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. THEY AFFECT YOUR LEGAL RIGHTS.
Try to resolve it informally first. Before starting arbitration or a small claims case, the party with the dispute must send the other a written notice describing it and the relief sought, and the parties must try in good faith to resolve it for 60 days. Send your notice to [pending: contact email]. We will send ours to the email address on your account. Any deadline to bring a claim is paused during those 60 days.
Binding individual arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Services, including whether this section is enforceable, will be resolved by final and binding arbitration on an individual basis. The American Arbitration Association ("AAA") will administer it under its Consumer Arbitration Rules, which are available at adr.org. Hearings will take place by video where possible, or in the county where you live. For claims under $10,000, you may choose to have the arbitration decided on written submissions alone. We will pay all AAA filing, administration and arbitrator fees above the amount you would pay to file a claim in court, unless the arbitrator finds your claim frivolous or brought for an improper purpose. The arbitrator may award any individual relief a court could award, and the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section.
Mass filings. If 25 or more similar claims are filed against us or by us by the same or coordinated counsel, the AAA's Mass Arbitration Supplementary Rules will apply, and the claims may be resolved in batches. Any statute of limitations is paused for claims waiting in a later batch.
Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may ask a court for an injunction to stop the infringement or misuse of intellectual property, or unauthorized access to the Services.
No class actions and no jury. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person's claims except as the mass filing rules above allow. You and we each waive the right to a jury trial. If a court decides that this class waiver cannot be enforced for a particular claim or request for relief, that claim or request will be decided in court, and all other claims will remain in arbitration. A request for public injunctive relief will be decided by a court after any individual arbitration ends.
Your right to opt out. You can opt out of this arbitration agreement by sending an email to [pending: contact email] within 30 days after you first accept these Terms, stating your name, the email address of your account and that you opt out of arbitration. Opting out does not affect any other part of these Terms or any earlier arbitration agreement with us.
Changes to this section. If we change this section, you may reject the change by emailing us within 30 days of it taking effect, and the previous version will continue to apply to you.
16. Copyright complaints
If you believe material on the Services infringes your copyright, send a written notice to [pending: contact email] that includes: your physical or electronic signature; a description of the copyrighted work; a description of where the material is on the Services; your address, telephone number and email address; a statement that you believe in good faith the use is not authorized by the owner, its agent or the law; and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act for the owner. We remove infringing material where appropriate, and we end the accounts of repeat infringers.
17. General terms
Changes to these Terms. We may update these Terms. If a change materially affects your rights, we will give you at least 30 days' notice in the app or by email before it takes effect. Other changes take effect when we post them. If you keep using the Services after a change takes effect, you accept it. If you do not accept it, stop using the Services and cancel any subscription.
Governing law and courts. The laws of the State of California govern these Terms, without regard to conflict of laws rules. Except for disputes that go to arbitration or small claims court under Section 15, you and we agree to the exclusive jurisdiction of the state and federal courts located in California. If you live outside the United States, you keep the protection of the mandatory laws of the country where you live, and you may also bring proceedings in its courts.
Assignment. You may not transfer these Terms or your account. We may transfer these Terms to an affiliate or to a successor in a merger, acquisition or sale of assets, and we will tell you if we do.
Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of the internet or of our providers, natural disasters, war, labor actions or government action.
Notices. We may send you notices in the app or to the email address on your account. You can send notices to us at [pending: contact email] or by mail to the address below.
Severability and waiver. If any part of these Terms is found unenforceable, it will be enforced to the greatest extent possible and the rest will remain in effect. If we do not enforce a right, we have not waived it.
Export and sanctions. You may not use the Services if you are located in, or ordinarily resident in, a country subject to comprehensive U.S. sanctions, or if you appear on a U.S. government list of restricted parties.
Survival. Sections 6, 7 (as to amounts owed), 8 and 12 through 17 continue after these Terms end.
Entire agreement. These Terms, together with any terms shown to you at checkout, are the entire agreement between you and VsiqueMax about the Services and replace any earlier agreement on the same subject.
Contact. VsiqueMax [pending: legal entity name], [pending: mailing address]. Email: [pending: contact email].