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Apps made available through the Apple App Store and Google Play are licensed, not sold, to you. Your license to BFF - Be Fit and Functional (the "App") is subject to your prior acceptance of this Terms of Use agreement (this "Agreement"), granted by BFF - Be Fit and Functional ("BFF", "we", "us", or "our"). We reserve all rights not expressly granted to you.
License Grant
- We grant you a limited, nontransferable, non-exclusive license to use the App on any mobile device that you own or control, solely for your personal, non-commercial use, and as permitted by the usage rules of the app marketplace through which you obtained the App.
- This license does not allow you to use the App on any device you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time, except as permitted by Family Sharing or an equivalent feature offered by the applicable app marketplace.
- You may not rent, lease, lend, sell, redistribute, or sublicense the App.
- You may not copy (except as permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part of the App, except to the extent any such restriction is prohibited by applicable law.
- The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the App, as well as any upgrades that replace or supplement the original App, unless a separate license accompanies the upgrade, in which case that license will govern.
Consent to Use of Data
You agree that BFF may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, gathered periodically to facilitate software updates, product support, and other services related to the App. BFF may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
For details on how BFF collects, uses, and protects your personal data, please see our Privacy Policy.
User-Generated Content
The App may allow you to create, submit, post, or transmit content, messages, logs, and other materials ("User Content") to BFF, including conversations with your AI coach persona. You are solely responsible for your own User Content and the consequences of submitting it. You retain ownership of the User Content you create.
No Warranty
You expressly acknowledge and agree that use of the App is at your sole risk. To the maximum extent permitted by applicable law, the App is provided "as is" and "as available," with all faults and without warranty of any kind. BFF hereby disclaims all warranties and conditions with respect to the App, either express, implied, or statutory, including but not limited to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights.
No oral or written information or advice given by BFF or its authorized representative shall create a warranty.
Platform-Specific Terms
Depending on where you downloaded the App, one of the following additional sections applies to you.
If you downloaded the App from the Apple App Store
- This Agreement is between you and BFF only, not with Apple, and Apple is not responsible for the App or its content.
- Apple has no obligation to furnish any maintenance or support services for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you, if any; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BFF.
- BFF, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including product liability claims, legal or regulatory compliance claims, and consumer protection claims, including in connection with the App's use of HealthKit and the Health app, where applicable.
- In the event of any third-party claim that the App infringes a third party's intellectual property rights, BFF, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right to enforce this Agreement against you as a third-party beneficiary.
If you downloaded the App from Google Play
- This Agreement is between you and BFF only, not with Google, and Google is not responsible for the App or its content.
- Google has no obligation to furnish any maintenance or support services for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google's sole obligation will be to refund the purchase price for the App to you, if any, in accordance with Google Play's refund policies; to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BFF.
- BFF, not Google, is responsible for addressing any claims by you or any third party relating to the App, including product liability claims, legal or regulatory compliance claims, and consumer protection claims.
- In the event of any third-party claim that the App infringes a third party's intellectual property rights, BFF, not Google, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Your use of the App via Google Play is also subject to the Google Play Terms of Service, available at play.google.com/about/play-terms.
Health & Product Claims
BFF is a wellness accountability tool and does not provide medical advice, diagnosis, or treatment. Nothing in the App should be treated as a substitute for professional medical or health guidance. Always consult a qualified healthcare provider regarding any health or fitness decisions.
Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the App. For example, if the App uses your device's data connection, you must not be in breach of your wireless data service agreement when using the App.
Contact Information
Questions, complaints, or claims regarding the App should be directed to us.