Last Updated: December 17, 2024
Welcome to Sculpt! These Terms of Service ("Terms") govern your access to and use of the GymMax mobile application and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
1. Acceptance of Terms
By using Sculpt, you confirm that you have read, understood, and agree to be bound by these Terms. Your use of the Services also implies your acceptance of any future changes, which we reserve the right to make at our discretion.
2. Eligibility
You must be at least 18 years old to use Sculpt. By using our Services, you represent that you meet this age requirement and that all information you provide is accurate and truthful.
3. Personal Information and Privacy
Our Privacy Policy explains how we collect, use, and protect your personal information. By using Sculpt, you agree to the practices outlined in the Privacy Policy, including the collection of your images and fitness data for analysis and recommendations.
4. User Accounts:
Account Creation: You must provide accurate and complete information when creating an account. You are responsible for all activities under your account.
Account Security: You are responsible for safeguarding your login credentials and are accountable for any activity under your account. Notify us immediately if you suspect unauthorized access.
5. Use of the Services
You agree to use Sculpt only for lawful purposes and in compliance with these Terms. You may not:
Engage in any unlawful, fraudulent, or prohibited activity.
Use any automated systems, bots, or scripts to interact with the Services.
Attempt to reverse-engineer, modify, or exploit any part of the Services in ways not authorized by us.
6. User-Generated Content
By uploading content (including images or fitness data) to Sculpt, you:
Grant us a non-exclusive, royalty-free, worldwide license to use, modify, and display this content to provide our Services.
Confirm that you have the right to share this content and that it does not violate the rights of any third parties.
We reserve the right to remove any content that violates these Terms or is otherwise deemed inappropriate.
7. Prohibited Conduct
While using Sculpt, you agree not to:
Post or share any offensive, harmful, or inappropriate content.
Impersonate others or engage in deceptive practices.
Violate the intellectual property rights of GymMax or other users.
8. Intellectual Property
We own or license the intellectual property rights to all materials related to Sculpt, including software, trademarks, logos, and designs. You are granted a limited, non-exclusive license to use the Services for personal, non-commercial purposes. You may not copy, modify, or distribute any part of the Services without our permission.
9. Fitness Recommendations Disclaimer
Sculpt provides fitness recommendations based on AI analysis of your uploaded images and fitness data. These recommendations are intended for general fitness guidance and are not a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician or qualified healthcare provider before starting any fitness program.
10. Purchases and Payment
If you choose to make a purchase through Sculpt (e.g., subscriptions or premium features), you agree to provide accurate payment information. All purchases are final, and fees are non-refundable unless stated otherwise. We reserve the right to modify pricing at any time.
11. Free Trials
Sculpt may offer a free trial to new users. After the trial period, you will be charged based on the subscription plan you selected unless you cancel before the trial ends.
12. Cancellation and Termination
You may cancel your subscription at any time through your Apple ID subscriptions. The cancellation will take effect at the end of the current billing cycle. We reserve the right to terminate or suspend your account at any time for violation of these Terms.
13. Data Security
We take reasonable precautions to protect your personal information. However, no method of transmission or electronic storage is completely secure. While we strive to protect your data, we cannot guarantee its absolute security from unauthorized access, hacking, or data breaches.
14. Limitation of Liability
Sculpt is provided "as is" and "as available." We do not guarantee that the Services will be uninterrupted, error-free, or meet your expectations. To the maximum extent permitted by law, we disclaim liability for any direct, indirect, incidental, or consequential damages resulting from your use of the Services.
15. Modifications and Interruptions
We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice. We are not liable for any interruptions or downtime that may affect your access to Sculpt.
16. Governing Law
These Terms are governed by the federal laws of the United States, without regard to conflict of law principles. Any legal disputes will be resolved under the jurisdiction of the state of Massachusetts.
17. Dispute Resolution
In the event of a dispute, you agree to first attempt to resolve it informally by contacting us. If the dispute cannot be resolved, it will be settled by binding arbitration in accordance with the laws of Massachusetts.
18. Changes to These Terms
We may update these Terms from time to time. We will notify you of any material changes by updating the "Last Updated" date and providing a notice within the app. Your continued use of the Services after any changes signifies your acceptance of the updated Terms.
19. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Sculpt Support Team
Email: contact@getsculpt.app
