Terms of Service

Welcome to Sculpt AI. These Terms of Service ("Terms") govern your access to and use of the mobile applications, websites, and related services (the "Services") provided by Sculpt AI Inc. ("Sculpt," "we," "us").

Please read these Terms carefully. They include important provisions regarding dispute resolution, including a binding arbitration agreement and class-action waiver in Section 18, which you can opt out of within 30 days of first accepting these Terms (Section 19).

1. Acceptance of terms

By creating an account, downloading our app, or otherwise using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility

You must be at least 13 years old to use the Services. If you are under 18, you must have permission from a parent or legal guardian. By using the Services, you represent that you meet these requirements and have the legal capacity to enter into these Terms.

3. Health and medical disclaimer

Sculpt is not a medical service, medical device, or substitute for professional medical advice, diagnosis, or treatment. Workouts, nutrition guidance, recovery scores, and other recommendations are for informational and educational purposes only.

Always consult a qualified healthcare provider before starting any new fitness, nutrition, or wellness program, especially if you have or suspect a medical condition, are pregnant, or are taking medication.

You assume all risks associated with using the Services and following any recommendations they provide. Stop and seek medical attention if you experience pain, dizziness, or any concerning symptoms.

4. Account registration and security

• You agree to provide accurate, current, and complete information.
• You are responsible for all activity under your account.
• Keep your credentials confidential and notify us immediately of any unauthorized use at support@sculptai.io.
• We may suspend or terminate accounts that violate these Terms or pose security risks.

5. Subscriptions and payments

• We offer free and paid tiers. Paid subscriptions are billed in advance on a recurring basis at the rate disclosed at purchase.
• Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date.
• You manage and cancel subscriptions through the platform you used to subscribe (Apple App Store, Google Play, or our website).
• Except where required by law, payments are non-refundable and unused portions of a subscription are not refunded after cancellation.
• We may change pricing or fees with reasonable notice. New pricing applies at the start of your next billing period.

6. Free trials and promotions

We may offer free trials or promotional pricing. If you do not cancel before the trial ends, you authorize us (or the app store) to charge the applicable subscription fee. Offers may be limited to one per user and may be modified or revoked at our discretion.

7. User-generated content

You may submit workouts, food logs, notes, photos, and other content ("User Content"). You retain ownership of your User Content and grant Sculpt a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process it solely to provide and improve the Services.

You agree not to submit User Content that:

• Infringes any third party's rights.
• Is unlawful, defamatory, harassing, or hateful.
• Contains personal health information of others without consent.
• Contains malware or attempts to interfere with the Services.

8. AI-generated content

The Services use machine-learning systems to generate plans, suggestions, and other outputs based on your inputs. Because of the nature of AI:

• Outputs may be inaccurate, incomplete, or unsuitable for your specific circumstances.
• Similar inputs from different users may produce identical or similar outputs.
• AI-generated outputs are not medical, nutritional, legal, or professional advice.
• You are responsible for reviewing AI-generated outputs and using your own judgment before acting on them.

9. Acceptable use

You agree not to:

• Use the Services in violation of any law or regulation.
• Reverse-engineer, decompile, or attempt to extract source code from the Services.
• Probe, scan, or test the vulnerability of the Services.
• Use bots, scrapers, or other automated tools to access the Services without permission.
• Interfere with other users' experience or attempt to gain unauthorized access to any account or system.
• Use the Services or AI outputs to train competing machine-learning models.

10. Intellectual property

Sculpt, the Sculpt logo, and all related software, designs, content, and trademarks are owned by Sculpt AI Inc. or its licensors. Except for the limited license to use the Services as permitted by these Terms, no rights are granted to you. You may not copy, modify, distribute, sell, or lease any part of the Services.

11. DMCA / copyright complaints

If you believe content on the Services infringes your copyright, send a notice to support@sculptai.io with the subject line "DMCA Notice" that includes:

• Your physical or electronic signature.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the material to be removed and information sufficient to locate it.
• Your contact information.
• A statement that you have a good-faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the rights owner.

12. Third-party services

The Services may integrate with or link to third-party services such as Apple Health, Google Fit, app stores, and payment processors. Your use of those services is governed by their terms and privacy policies. We are not responsible for third-party services or content.

13. Service changes and availability

We may add, modify, or discontinue features at any time. We work to keep the Services available, but we do not guarantee uninterrupted access. Planned maintenance, updates, or events outside our control may cause temporary unavailability.

14. Termination

You may stop using the Services and delete your account at any time through the in-app account settings or by emailing support@sculptai.io.

We may suspend or terminate your access if you violate these Terms, misuse the Services, or as required by law. Sections that by their nature should survive termination (including ownership, disclaimers, liability limits, and dispute resolution) will survive.

15. Disclaimers

The Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise. We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, secure, or that any recommendation will produce a particular result.

16. Limitation of liability

To the maximum extent permitted by law, Sculpt AI Inc. and its officers, directors, employees, and affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, data, goodwill, or other intangible losses arising from or related to the Services.

Our total cumulative liability for any claim arising out of or related to the Services will not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) USD $100.

17. Indemnification

You agree to indemnify and hold Sculpt AI Inc. harmless from any claim, liability, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your User Content, or your violation of these Terms or any law.

18. Governing law and arbitration

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in New York, NY, or remotely if the parties agree.

You and Sculpt waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative action. Either party may bring qualifying claims in small-claims court.

19. Arbitration opt-out

You may opt out of the arbitration agreement and class-action waiver in Section 18 by emailing support@sculptai.io with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Include your full name and the email associated with your account.

20. Force majeure

Sculpt is not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, acts of war or terrorism, labor disputes, internet or power outages, government action, or pandemic.

21. Changes to these terms

We may update these Terms from time to time. Material changes will be communicated by email, in-app notification, or a prominent notice before they take effect. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

22. Privacy

Your use of the Services is also governed by our Privacy Policy and Cookie Policy.

23. Contact

Questions about these Terms can be directed to:

Sculpt AI Inc.
support@sculptai.io