These Terms are pending final review by legal counsel before the app's public launch.
These Terms of Service (the "Terms" or the "Agreement") are entered into by and between you (the "User," "you" or "your") and Bimetis, LLC ("Bimetis", "we" or "us"). The following provisions, together with any documents expressly incorporated by reference herein (collectively, the "Agreement"), govern the terms of our relationship and your use of Bimetis' mobile fitness application, and all associated websites, software, services, applications, content and documentation (collectively, the "App").
By creating an account, clicking 'I Accept' or 'I Agree,' or otherwise using the App, you agree to be bound by these Terms. If you do not agree, do not use the App. Our Privacy Policy is available for your review here: https://staging.bimetis.fit/privacy. These Terms constitute the entire agreement between you and Bimetis regarding your use of the App, and supersede any prior agreements with respect to the subject matter herein.
You must be at least 18 years of age to use the App. By creating an account or accepting these Terms, you represent and warrant that you are 18 or older. If we learn that a user is under 18, we will terminate their account and delete their data to the extent permitted under applicable law.
The App is intended for use solely within the United States. Bimetis makes no representation that the App is appropriate, available, or legally permitted for use in any other jurisdiction. If you access or use the App from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local laws and regulations. Some features or functionalities of the App may not be available or may not operate as intended in jurisdictions outside the United States. Bimetis disclaims all liability arising from your access to or use of the App outside the United States.
The App provides AI-generated fitness training programs based on your goals, available equipment, training history, and other inputs you provide. The App is intended for generally healthy adults seeking structured resistance training guidance.
You acknowledge that all outputs generated by the App are provided on an "as-is" basis, and we do not guarantee the accuracy, completeness, reliability, safety, or suitability of any such outputs for any particular purpose. You assume all risk associated with your use of or reliance on the App, its functionalities, content, communications or outputs, which should be construed as medical advice or a substitute for the advice of a qualified physician or healthcare provider.
THE APP IS NOT AN FDA-CLEARED OR APPROVED MEDICAL DEVICE, AND IT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR CONDITION OR PROVIDE MEDICAL ADVICE; AND YOU HEREBY ACKNOWLEDGE THAT IT IS NOT AN FDA-CLEARED OR APPROVED MEDICAL DEVICE, AND THAT IT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION.
All forms of exercise carry an inherent risk of injury, including serious injury or death. By using the App, you voluntarily assume all risks associated with your participation in any exercise activity suggested or generated by the App. You agree that neither the App nor Bimetis guarantees your safety, the prevention of injury, or any specific fitness result.
Before beginning any exercise program — including any program generated by the App — you should consult a qualified physician or healthcare provider, particularly if you have any of the following: a pre-existing medical condition, chronic pain, a recent injury or surgery, cardiovascular disease or risk factors, bone or joint conditions, or any other health concern that may affect your ability to exercise safely.
If you experience pain, dizziness, chest discomfort, shortness of breath, or any other unusual symptom during exercise, stop immediately and seek medical attention.
Training programs generated by the App are produced using Anthropic's Claude AI based on the inputs you provide. AI-generated programs are general fitness recommendations and are not tailored to your individual medical history, physical examination, or clinical assessment. The fact that a program is generated by AI does not reduce the importance of the exercise risk acknowledgement in Section 4.
The App does not guarantee that AI-generated programs are accurate or error-free. You should apply your own judgment and, where appropriate, consult a qualified fitness or healthcare professional before following any generated program.
You understand and acknowledge that the App uses artificial intelligence and machine learning technologies to generate content, and that such technologies may produce outputs that contain errors, inaccuracies, biases, omissions, or hallucinations (i.e., content that appears plausible but is factually incorrect or fabricated). We do not represent or warrant that any AI-generated content is accurate, current, complete, or error-free. You are solely responsible for evaluating and verifying any information or recommendations provided by the App before acting on them.
If you indicate that you are 50 or older, the App may substitute certain exercises with alternatives that may present a lower risk profile for some users, depending on training history, mobility, load, technique, injuries, equipment, and health status. This substitution feature is not medical advice and does not guarantee safety or injury prevention. The App does not make categorical claims that any exercise is unsafe for all users of any given age, and you acknowledge and agree that individual circumstances, including yours, vary significantly. You accept all risk related to property damage, death or bodily injury related to or arising out of your use of the App or the performance of any exercises suggested by the App.
If you select "Prefer not to say," the App will apply a conservative exercise selection by default.
You are responsible for keeping your account credentials (email and PIN) secure and confidential. You may not share your account or account credentials with others. You are responsible for all activity that occurs under your account, whether or not such activity is yours. You agree to notify us immediately if your account credentials are compromised.
You agree not to: (a) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or data structures of the App; (b) copy, modify, adapt, translate, or create derivative works of the App or any part thereof; (c) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or any rights therein to any third party; (d) remove, alter, or obscure any proprietary notices, labels, or marks on the App; (e) attempt to access another user's account or data without authorization; (f) use the App to train, develop, or improve any automated system, machine learning model, or artificial intelligence, whether for commercial or non-commercial purposes; (g) use the App for any unlawful, fraudulent, or malicious purpose, or in violation of any applicable law or regulation; (h) transmit any viruses, malware, or other harmful code through or to the App; (i) use any automated means (including bots, scrapers, or crawlers) to access or interact with the App; (j) interfere with, disrupt, or attempt to gain unauthorized access to the App's servers, networks, or infrastructure; (k) circumvent, disable, or otherwise interfere with any security features of the App; (l) use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use of the App; or (m) assist, encourage, or enable any third party to do any of the foregoing.
All content, algorithms, software, and training program structure in the App are owned by Bimetis or its licensors. We hereby grant you a limited, personal, non-transferable, non-sublicensable license for the term of this Agreement to use the App for your own personal, non-commercial fitness purposes.
While you retain ownership of the data you input, you hereby grant to Bimetis and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, copy, store, process, modify, create derivative works from, distribute, display, and otherwise exploit any data, content, or information that you input into, make accessible to, or that is collected or gathered by the App (collectively, "User Data"), for any business purpose, including without limitation to operate, improve, and enhance the App and our services, to develop new products and services, to train, develop, and improve artificial intelligence and machine learning models (whether owned by Bimetis or third parties), and to share such User Data with third-party service providers, partners, and vendors. You acknowledge and agree that Bimetis may provide User Data to third parties for their own business purposes, including AI training and development, and you consent to such disclosure and use. You hereby consent to our collection and use of your User Data for any purpose permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BIMETIS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (C) WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE APP WILL BE CORRECTED; (E) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, DATA, OR INFORMATION PROVIDED THROUGH THE APP; (F) WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (G) WARRANTIES THAT TRAINING PROGRAMS WILL ACHIEVE ANY SPECIFIC FITNESS RESULT, WEIGHT LOSS, MUSCLE GAIN, OR OTHER HEALTH OUTCOME; (H) WARRANTIES THAT THE APP IS SUITABLE FOR USERS WITH PARTICULAR MEDICAL CONDITIONS, PHYSICAL LIMITATIONS, OR HEALTH CONCERNS; AND (I) WARRANTIES REGARDING THE PERFORMANCE, ACCURACY, OR RELIABILITY OF ANY AI-GENERATED CONTENT OR RECOMMENDATIONS. YOU ASSUME ALL RISK FOR YOUR USE OF THE APP AND ANY CONTENT OR TRAINING PROGRAMS PROVIDED THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
THE APP IS NOT AN FDA-CLEARED OR APPROVED MEDICAL DEVICE, AND IT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR CONDITION; AND YOU HEREBY ACKNOWLEDGE THAT IT IS NOT AN FDA-CLEARED OR APPROVED MEDICAL DEVICE, AND THAT IT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIMETIS LLC AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE "BIMETIS PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR PERSONAL INJURY, LOST PROFITS, OR LOSS OF DATA, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, ANY EXERCISE ACTIVITY, OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO BIMETIS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) Agreement to Arbitrate. You and Bimetis agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or your use of the App (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
(b) Arbitration Rules and Forum. The arbitration will be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (the "AAA Consumer Rules"), as modified by this Section. The AAA Consumer Rules are available at www.adr.org. A party who wishes to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Consumer Rules. The arbitration will be conducted by a single arbitrator selected in accordance with the AAA Consumer Rules. The arbitration will be held in Wilmington, Delaware, unless you and Bimetis agree otherwise or the arbitrator determines that such venue would be unduly burdensome, in which case the arbitrator may conduct the arbitration by telephone, videoconference, or based on written submissions.
(c) Arbitration Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Consumer Rules. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bimetis will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
(d) Class Action Waiver. YOU AND BIMETIS 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, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration section shall be null and void.
(e) Mass Arbitration. If twenty-five (25) or more claimants submit demands for arbitration raising substantially similar claims, and are represented by the same or coordinated counsel, such claims shall be considered "Mass Arbitration" and shall be subject to the following procedures: (i) the parties shall cooperate in good faith to select a single arbitrator to resolve a bellwether proceeding consisting of ten (10) individual arbitrations (five (5) selected by claimants' counsel and five (5) selected by Bimetis); (ii) following resolution of the bellwether proceedings, the parties shall engage in a global mediation of all remaining claims; (iii) if the parties do not resolve all remaining claims within sixty (60) days of the conclusion of the bellwether proceedings, the remaining claims shall proceed in arbitration in staged batches of no more than fifty (50) claims at a time, with each batch concluded before the next batch commences; and (iv) any applicable statute of limitations or filing deadline shall be tolled from the date a claimant's demand is filed until that claimant's individual arbitration commences. This Mass Arbitration provision shall not alter the Class Action Waiver set forth in subsection (d) above, and the arbitrator may not consolidate claims or preside over any form of class, collective, or representative proceeding.
(f) Opt-Out. You may opt out of this arbitration provision by sending written notice to support@bimetis.fit within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, email address associated with your Bimetis account, and a clear statement that you wish to opt out of arbitration. If you opt out, Section 13 will apply and any Dispute will be resolved exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction in those courts.
(g) Time Limitation on Claims. Any arbitration or court action must be commenced within one (1) year after the claim or cause of action arose; otherwise, such claim or cause of action is permanently barred.
You agree to indemnify, defend, and hold harmless the Bimetis Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any personal injury, death, or property damage resulting from your exercise activities, whether or not such activities were suggested or generated by the App; or (e) any content or data you submit through the App. This indemnification obligation will survive the termination of these Terms and your use of the App.
(a) Termination by Bimetis. We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Without limiting the foregoing, we may immediately suspend or terminate your account if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or posed a risk to the security or integrity of the App or other users.
(b) Termination by You. You may terminate your account at any time by cancelling your subscription through your device's App Store or Google Play subscription settings and deleting the App from your device. No refunds or credits will be provided for any unused portion of a subscription period upon termination. To request deletion of your personal data, contact support@bimetis.fit.
(c) Effect of Termination. Upon termination or suspension, your right to use the App will immediately cease. The following sections will survive termination: Sections 4 (Not Medical Advice), 10 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Governing Law), 14 (Dispute Resolution and Arbitration), 15 (Indemnification), and this Section 16(c).
The App relies on third-party services, including Anthropic (for AI-generated content), Apple App Store and Google Play (for distribution and payment processing), and other service providers. Bimetis is not responsible for the availability, accuracy, or performance of any third-party service. Your use of third-party services is subject to the terms and policies of those third parties. Bimetis makes no representations or warranties regarding third-party services, and shall not be liable for any act or omission of any third-party service provider.
If you obtained the App by downloading from the Google Play Store, in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply: (a) you acknowledge that these Terms are between you and Bimetis only, and not with Google, Inc. ("Google"); (b) your use of the App must comply with Google's then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the App; (d) Bimetis, and not Google, is solely responsible for the App; (e) Google has no obligation or liability to you with respect to the App or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the App.
To the extent you download the App from the Apple App Store: (a) these Terms are between you and Bimetis only; (b) Apple, Inc. ("Apple") has no responsibility for the App or its content; (c) Apple has no obligation to furnish any maintenance or support services; (d) 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, if any, for the App; Apple will have no other warranty obligation; and (e) you represent that you are not located in a country subject to a U.S. Government embargo and you are not on any U.S. Government list of prohibited or restricted parties. Apple isn't responsible for (i) product liability claims, (ii) non-conformance with legal/regulatory requirements, or (iii) consumer protection/privacy claims.
If you provide Bimetis with any feedback, suggestions, ideas, comments, improvements, or other input regarding the App or our services (collectively, "Feedback"), you hereby assign to Bimetis all right, title, and interest in and to such Feedback, including all intellectual property rights therein. To the extent any such assignment is not effective, you hereby grant Bimetis a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, exclusive, sublicensable, and transferable license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit the Feedback in any manner and for any purpose, without any obligation to provide attribution, compensation, or accounting to you. You waive any moral rights or similar rights you may have in the Feedback. You represent and warrant that you have the right to provide such Feedback and to grant the foregoing rights.
Bimetis reserves the right to modify, amend, or update these Terms at any time, in its sole discretion, for any reason, including but not limited to changes in applicable law, regulatory requirements, App features or functionality, business practices, or security considerations. When we make changes, we will post the revised Terms on the App and update the "Last Updated" date at the top of these Terms. For material changes, we will provide you with reasonable advance notice via e-mail to the address associated with your account or through a prominent in-App notification before the changes take effect. Your continued use of the App after the effective date of any revised Terms constitutes your acceptance of and an agreement to be bound by the revised Terms. If you do not agree to any revised Terms, you must stop using the App and may terminate your account in accordance with Section 16(c). We encourage you to review these Terms periodically to stay informed of any updates. Non-material changes, such as typographical corrections, formatting updates, or clarifications that do not affect your rights or obligations, may be made without prior notice and will be effective immediately upon posting.
You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without Bimetis' prior written consent. Any attempted assignment, transfer, or delegation without such consent will be null and void. Bimetis may freely assign, transfer, or delegate these Terms and its rights and obligations hereunder, in whole or in part, without your consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties, or if such modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect.
The relationship between you and Bimetis is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or fiduciary relationship between you and Bimetis. Neither party has the authority to bind the other or to incur any obligation on behalf of the other.
The section headings and titles in these Terms are for convenience only and shall not affect the interpretation or construction of any provision herein.
support@bimetis.fit · Bimetis LLC