Last Updated: December 19, 2024
These Terms of Service ("Terms") govern your access to and use of Build A Weight Tracking (the "Application"), including all features, functionality, content, and services offered through the Application. By accessing, installing, or using Build A Weight Tracking, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Application.
Your access to and use of Build A Weight Tracking is conditioned upon your acceptance of and compliance with these Terms and all applicable laws and regulations. We reserve the right to modify these Terms at any time. Modifications will be effective immediately upon posting to the Application. Your continued use of Build A Weight Tracking following any such modification constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms regularly for changes.
To use certain features of Build A Weight Tracking, you may be required to create an account. You represent and warrant that:
Build A Weight Tracking reserves the right to refuse service, terminate accounts, or remove any content in its sole discretion, without liability, for any reason including if we determine that you have violated these Terms or applicable law.
You agree that you will not, and will not permit others to, use Build A Weight Tracking in any manner that:
We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions, including reporting such violations to law enforcement authorities.
Build A Weight Tracking allows you to submit, upload, and store weight entries and related data (collectively, "User Content"). You retain all rights to your User Content. By submitting User Content to Build A Weight Tracking, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, copy, store, transmit, and display such content solely for the purpose of operating and improving the Application and delivering services to you.
You are solely responsible for the accuracy, legality, and appropriateness of all User Content you submit. You warrant that you own or have the necessary rights to all User Content and that it does not violate any third-party rights or applicable law. Build A Weight Tracking does not endorse, verify, or assume liability for the accuracy or completeness of any User Content.
Build A Weight Tracking is a weight tracking and logging tool only. It is not a medical device, and it does not provide medical advice, diagnosis, treatment, or professional services. The Application is designed for personal record-keeping and informational purposes only.
You should not rely solely on Build A Weight Tracking for any health-related decisions or treatment. If you have questions about your weight, health, or medical concerns, please consult with a qualified healthcare provider. Weight changes can be influenced by numerous factors, and the Application does not analyze causation or provide personalized medical guidance.
Your use of Build A Weight Tracking is entirely at your own risk and discretion. We strongly encourage you to consult healthcare professionals before making any significant changes to your diet, exercise, or health regimen.
Build A Weight Tracking, including all software, design, graphics, text, images, and other content comprising the Application (excluding User Content), is the exclusive property of Build A Weight Tracking and its licensors. All intellectual property rights are reserved. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Application solely for your personal, non-commercial purposes in accordance with these Terms.
You may not:
Build A Weight Tracking may contain links to third-party websites, applications, and services that are not operated by us. These Terms do not apply to third-party services, and we are not responsible for their content, accuracy, policies, or practices. Your use of any third-party service is governed by that service's terms and privacy policy. We recommend reviewing the terms and privacy policies of any third-party services before providing them with your information.
To the fullest extent permitted by applicable law, Build A Weight Tracking and its owners, developers, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from your use of or inability to use the Application, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.
In no event shall our total liability arising from or relating to these Terms or the Application exceed the amount you have paid to us in the twelve (12) months preceding the claim, or $100, whichever is less. Some jurisdictions do not allow the exclusion or limitation of liability, so this limitation may not apply to you.
Build A Weight Tracking is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:
You use Build A Weight Tracking entirely at your own risk. We make no guarantee regarding the results, outcomes, or benefits you may derive from using the Application.
You agree to indemnify, defend, and hold harmless Build A Weight Tracking and its owners, developers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:
We reserve the right to terminate or suspend your account and access to Build A Weight Tracking at any time, for any reason or no reason, with or without notice and without liability. Cause for termination includes, but is not limited to:
Upon termination, your right to use Build A Weight Tracking ceases immediately. We may, but are not obligated to, delete your account and all associated data upon termination. Sections of these Terms that by their nature should survive termination will continue in effect.
While we implement security measures to protect your data, we do not guarantee that your User Content will be preserved. You are responsible for maintaining backups of any important data. Build A Weight Tracking is not liable for any loss, corruption, or deletion of data resulting from technical issues, maintenance, service interruptions, or any other cause.
Build A Weight Tracking reserves the right to modify, suspend, or discontinue the Application or any features or services at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Application.
These Terms are governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of laws principles. You agree that any action or proceeding arising from or relating to these Terms or your use of Build A Weight Tracking shall be brought exclusively in the state or federal courts located in the United States, and you consent to the jurisdiction and venue of such courts.
If any jurisdiction does not allow consent to jurisdiction, you agree that the exclusive venue for any claims shall be in the courts of that jurisdiction. You waive any objection to venue and any claim of inconvenient forum.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.
These Terms, together with our Privacy Policy and any other agreements we may have with you, constitute the entire agreement between you and Build A Weight Tracking regarding the Application and supersede all prior and contemporaneous communications, representations, and agreements, whether oral or written.
If you have any questions about these Terms of Service, please contact us at:
[Your Contact Email or Support Portal]
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