Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using StatsKey ("the Application"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not use the Application. We reserve the right to modify these Terms at any time. Your continued use of the Application following any changes constitutes acceptance of the revised Terms.

2. Description of Service

StatsKey is a nutrition, fitness, and biometric tracking application that provides:

• AI-powered food recognition and nutritional estimation from photographs and text
• Nutritional analysis and tracking across 50+ nutrients
• Exercise, activity, and workout logging
• Weight and body metrics monitoring
• Continuous glucose monitor (CGM) integration
• Apple Health integration
• AI conversational features for health data queries
• Cloud synchronization

Features may be added, modified, or removed at any time without notice.

3. User Accounts

• You must be at least 13 years old to use StatsKey.
• You must provide accurate and complete account information.
• You are solely responsible for maintaining the confidentiality and security of your account credentials.
• One account per person.
• You must notify us immediately of any unauthorized access to or use of your account.
• You are responsible for all activity that occurs under your account.

4. Medical Disclaimer

IMPORTANT — PLEASE READ CAREFULLY. StatsKey is NOT a medical device, is NOT intended to diagnose, treat, cure, or prevent any disease or medical condition, and is NOT a substitute for professional medical advice, diagnosis, or treatment. All nutritional information, glucose data analysis, biometric correlations, health insights, and AI-generated outputs provided by StatsKey are estimates and approximations only. They may be inaccurate, incomplete, or incorrect. Never disregard professional medical advice or delay seeking treatment because of information provided by StatsKey. Always consult a qualified healthcare professional before making any dietary, fitness, or health decisions. You assume full responsibility for how you use any information provided by the Application. If you experience a medical emergency, call your local emergency services immediately.

5. AI-Generated Content Disclaimer

StatsKey uses third-party artificial intelligence services (including but not limited to Google Gemini and Anthropic Claude) to analyze food photographs, estimate nutritional content, and generate conversational responses about your health data. AI-generated content is provided on an "as-is" basis. We make no representations or warranties regarding its accuracy, completeness, reliability, or suitability for any purpose. AI outputs may contain errors, hallucinations, or misleading information. You should independently verify any AI-generated information before relying on it. AI providers and models used may change at any time without notice.

6. Acceptable Use

You may:

• Use StatsKey for personal nutrition, fitness, and health tracking.
• Share your own data with healthcare providers.
• Export your data for personal use.

You may not:

• Use the Application for any unlawful purpose.
• Attempt to reverse engineer, decompile, or disassemble the Application.
• Share, sell, or distribute other users' data.
• Use automated systems, bots, or scripts to access the Application.
• Upload inappropriate, offensive, or illegal content.
• Exploit our API or attempt to log data in excess of what a human could reasonably record in a single day.
• Circumvent any security measures or access controls.
• Use the Application to develop a competing product or service.

Any violation of these restrictions may result in immediate termination of your account and revocation of your subscription without refund.

7. Subscription and Payment

• StatsKey offers a free trial period, after which a paid subscription is required.
• Subscriptions are billed through Apple's App Store and are subject to Apple's terms and conditions.
• Your subscription automatically renews unless you cancel at least 24 hours before the end of the current billing period.
• Your sole remedy for dissatisfaction with the service is cancellation of your subscription.
• Subscription fees are non-refundable except where required by applicable law.
• We do not guarantee that features will always be available, uninterrupted, or error-free.
• We reserve the right to change pricing with reasonable notice.

8. Intellectual Property

• StatsKey, its design, code, content, trademarks, and all original materials are the exclusive property of StatsKey and are protected by copyright, trademark, and other intellectual property laws.
• You retain ownership of your personal data.
• By using the Application, you grant us a limited, non-exclusive, worldwide license to process, store, and transmit your data solely to provide and improve the service.

9. Location Services

StatsKey uses location services to enhance workout tracking. By enabling location services:

• Background location: Accessed only during an active workout session to track route, distance, pace, and elevation. Ceases when the workout ends or is paused.
• Foreground location: Accessed while the app is in active use for map display and activity logging accuracy.
• Location data is stored on your device and, if cloud sync is enabled, in your encrypted account.
• We do not sell, share, or monetize location data with third parties.
• You may disable location services at any time; however, this may limit workout tracking functionality.

10. Third-Party Services

StatsKey integrates with third-party services including but not limited to:

• Apple HealthKit (subject to Apple's terms)
• Apple and Google Sign-In (subject to their respective terms)
• Firebase / Google Cloud Platform (subject to Google's terms)
• CGM providers (Dexcom, Abbott, Nightscout — subject to their respective terms)
• AI providers (Google, Anthropic — subject to their respective terms)

We are not responsible for the availability, accuracy, or practices of any third-party service. Your use of third-party services is at your own risk and subject to those parties' terms.

11. Disclaimers

THE APPLICATION AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OF ANY NUTRITIONAL ESTIMATES, AI-GENERATED CONTENT, HEALTH INSIGHTS, GLUCOSE ANALYSIS, OR BIOMETRIC CORRELATIONS. ALL DATA AND OUTPUTS ARE APPROXIMATIONS AND MAY CONTAIN ERRORS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STATSKEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, HEALTH OUTCOMES, BODILY INJURY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPLICATION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APPLICATION SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

13. Indemnification

You agree to indemnify, defend, and hold harmless StatsKey, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Application; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any claim that your use of the Application caused damage to a third party.

14. Dispute Resolution and Arbitration

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Application shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except that either party may seek injunctive or equitable relief in court for intellectual property matters.

Class Action Waiver. YOU AND STATSKEY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to ryanws@statskeybiometrics.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the courts specified in Section 16.

15. Account Termination

• You may delete your account at any time through the Application.
• We may suspend or terminate your account at any time for violation of these Terms, or for any other reason at our sole discretion, with or without notice.
• We may suspend the service for maintenance, updates, or other operational reasons.
• Upon termination, your right to use the Application ceases immediately.
• Deleted data cannot be recovered. We are not responsible for loss of data resulting from account deletion.
• Sections 4, 5, 11, 12, 13, 14, and 16 survive termination.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Subject to the arbitration provision above, any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction of such courts.

17. Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, government actions, power failures, internet or telecommunications failures, or third-party service outages.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and StatsKey regarding your use of the Application and supersede all prior agreements, understandings, and representations.

20. Contact

For questions about these Terms:

Email: ryanws@statskeybiometrics.com