Terms of Use

Agreement to these terms

These Terms of Use ("Terms") are a legal agreement between you and Deficit App LLC ("Deficit," "we," "us" or "our"). They govern your use of the Deficit mobile app, website and related services (the "Service").

By creating an account or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of a minor, you agree to these Terms on their behalf.

Not medical advice

The Service helps you track calories consumed and calories burned so you can monitor a calorie deficit. All information in the Service, including calorie targets, estimates and progress data, is for general informational and educational purposes only.

• The Service is not a substitute for professional medical advice, diagnosis or treatment, and is not a medical device. Using the Service does not create a doctor-patient or any other healthcare relationship, even if any person affiliated with Deficit is a licensed healthcare professional.
• Calorie, nutrient and energy-expenditure figures, including those imported from connected devices, are estimates and may be inaccurate. Do not rely on them to manage a medical condition.
• Consult a physician before starting a calorie-restricted diet or new exercise program, especially if you are under 18, pregnant or breastfeeding, have diabetes, heart, kidney or liver disease, take prescription medications, or have a history of an eating disorder.
• Stop exercising and seek medical help if you experience chest pain, shortness of breath, dizziness, fainting or other concerning symptoms.
• If you are struggling with your relationship with food or body image, please reach out to a health professional. You can also contact the National Alliance for Eating Disorders helpline at 1-866-662-1235.

You are solely responsible for your health decisions. Never disregard professional advice or delay seeking it because of something you read or saw in the Service.

Who can use Deficit

You must be at least 13 years old to use the Service. If you are under 18, or under the age of majority where you live, you may use the Service only with the permission and supervision of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Service. We recommend that anyone under 18 use calorie tracking only under the guidance of a doctor.

By using the Service, you confirm that you meet these requirements and are not barred from using the Service under applicable law.

Your account

You may need an account to use some features. You agree to give accurate information, keep it up to date, keep your login credentials secure, and tell us promptly at support@deficitapp.com about any unauthorized use. You are responsible for all activity under your account.

Fees

The Service is currently free to use. We may introduce paid features or subscriptions in the future. If we do, we will clearly disclose the price and terms before you are charged, and you will not be charged unless you choose to buy.

Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Copy, modify, distribute, sell, lease or reverse engineer any part of the Service, except as allowed by law.
• Interfere with or disrupt the Service, its servers or its security, or access it by automated means such as bots or scrapers.
• Attempt to gain unauthorized access to the Service, other accounts or our systems.
• Impersonate anyone, or misrepresent your affiliation with any person or organization.
• Upload content that is unlawful, harmful, harassing, or that infringes anyone else's rights, or that contains viruses or malicious code.
• Use the Service to develop a competing product.

Your content and data

You own the information you enter into or import to the Service, such as food logs, weight, body measurements and activity data ("Your Content"). You grant us a limited, non-exclusive, royalty-free license to host, store, process and display Your Content only as needed to operate, secure and improve the Service and to provide it to you. This license ends when you delete Your Content or your account, except for copies we must keep as described in our Privacy Policy.

Our Privacy Policy explains how we collect, use and protect your information. We do not sell your personal information or health data.

If you send us feedback or suggestions, we may use them without any obligation to you.

Our intellectual property

The Service, including its software, design, text, graphics, logos and the Deficit name, is owned by Deficit App LLC or its licensors and protected by intellectual property laws. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the app on devices you own or control, for your own non-commercial use. We reserve all rights not expressly granted.

Connected services and devices

The Service lets you connect third-party services and devices, including Apple Health, Fitbit, Oura and Whoop. Connections are optional and you can remove them at any time. Your use of those services is governed by their own terms and privacy policies.

We do not control and are not responsible for third-party services, their availability, or the accuracy or completeness of data imported from them. Third parties may change or stop providing access to their data, which may affect features of the Service.

Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, that data will be accurate or preserved, or that you will achieve any particular weight-loss, fitness or health result.

Limitation of liability

To the fullest extent permitted by law, Deficit App LLC and its members, managers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any personal injury, illness, loss of data, or loss of profits or goodwill, arising from or related to your use of or inability to use the Service, including any diet, exercise or health decision you make, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if we were advised of the possibility of such damages. Our total liability for all claims relating to the Service will not exceed one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Deficit App LLC and its members, managers, employees and agents from any claims, damages, losses and expenses, including reasonable attorneys' fees, arising from your misuse of the Service, Your Content, or your violation of these Terms or of anyone else's rights.

Termination

You may stop using the Service and delete your account at any time from the app's settings or by emailing support@deficitapp.com. We may suspend or end your access, with or without notice, if you violate these Terms, if required by law, or if we discontinue the Service. If we discontinue the Service, we will try to give you reasonable notice and an opportunity to export your data.

Sections that by their nature should survive termination, including Your content and data, Disclaimers, Limitation of liability, Indemnification, Governing law and disputes, and General terms, will survive.

Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Before filing a claim, you agree to contact us at support@deficitapp.com and try in good faith to resolve the dispute informally for at least 30 days.

Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you and we consent to their personal jurisdiction. You may also bring an individual claim in small claims court if it qualifies.

Any claim relating to the Service must be filed within one year after it arises, to the extent permitted by law.

App store terms

If you downloaded Deficit from the Apple App Store or Google Play, you acknowledge that these Terms are between you and Deficit App LLC only, not Apple or Google, and that:

• We, not Apple or Google, are solely responsible for the Service and its content, maintenance and support.
• Apple and Google have no obligation to provide maintenance or support for the Service. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.
• We, not Apple, are responsible for addressing any claims relating to the Service, including product liability claims, claims that the Service fails to meet legal or regulatory requirements, consumer protection claims, and claims that the Service infringes a third party's intellectual property rights.
• You confirm that you are not located in a country subject to a U.S. government embargo, and are not on any U.S. government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms when using the Service.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

General terms

• Entire agreement: these Terms and our Privacy Policy are the entire agreement between you and us about the Service.
• Severability: if any provision is found unenforceable, it will be limited to the minimum extent necessary, and the rest of these Terms will remain in effect.
• No waiver: our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment: you may not transfer these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Electronic communications: you agree that we may provide notices to you electronically, in the app or by email, and that these satisfy any legal requirement for written communication.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
• California users: under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Changes to these terms

We may update these Terms from time to time and will post the updated version with a new effective date. If we make material changes, we will notify you in the app or by email at least 15 days before they take effect, unless a change is required sooner by law. Continuing to use the Service after changes take effect means you accept the updated Terms. If you do not agree, stop using the Service and delete your account.

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