Terms of Use — OgamicX

1. Acceptance of Terms

By downloading, installing, or using the OgamicX application and related services (collectively, the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not access or use the Service. These Terms constitute a legally binding agreement between you and OgamicX. Your continued use of the Service following any update to these Terms constitutes your acceptance of the revised Terms.

2. Description of Service

OgamicX is an AI-powered fitness and nutrition application that provides:

Personalized workout plans and exercise tracking
Nutrition logging and meal planning, including AI-powered food photo analysis
Body metrics tracking and progress monitoring
AI-generated fitness and nutrition recommendations
Goal setting and coaching features
Social features including an activity feed, reactions, leaderboard, and the ability to follow and be followed by other users

The Service is intended for general wellness and fitness purposes only. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

2.1 Push Notifications

The Service may send push notifications to your device, including but not limited to:

Workout reminders and scheduled session alerts
Fasting timer start and end notifications
Streak alerts and milestone completions
Task and goal completion confirmations
Social activity notifications such as new followers and reactions to your posts

You can manage your notification preferences at any time through the in-app settings or your device's notification settings. Disabling certain notifications may reduce the effectiveness of features such as fasting timers and streak tracking.

3. Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to:

Provide accurate, complete, and current information
Maintain and promptly update your account information
Keep your login credentials confidential and secure
Be solely responsible for all activity that occurs under your account
Notify us immediately of any unauthorized use of your account

You must be at least 16 years of age to create an account and use the Service. By creating an account, you represent that you meet this age requirement.

4. Subscriptions and Payments

4.1 Subscription Plans

OgamicX offers auto-renewable subscription plans that unlock premium features. Subscriptions are billed on a recurring basis (weekly, monthly, or annually, depending on the plan selected).

4.2 Payment and Billing

Payment will be charged to your Apple ID account (App Store) or Google Play account at confirmation of purchase.
Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current subscription period.
Your account will be charged for renewal within 24 hours prior to the end of the current subscription period.
The renewal charge will be at the same price as your current subscription plan, unless you are otherwise notified in advance.

4.3 Managing and Canceling Subscriptions

App Store (iOS): You can manage and cancel your subscription by going to Settings > [your name] > Subscriptions on your iPhone or iPad, or by visiting your Apple ID account settings.
Google Play (Android): You can manage and cancel your subscription by going to the Google Play Store app > Profile icon > Payments & subscriptions > Subscriptions.
Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of the paid period.

4.4 Refund Policy

No refund or credit will be provided for any unused portion of the current subscription period at the time of cancellation. All purchases are final, subject to applicable law. Refund requests for App Store purchases must be submitted directly to Apple; refund requests for Google Play purchases must be submitted directly to Google.

4.5 Free Trials

If you begin a free trial, your subscription will automatically convert to a paid subscription at the end of the trial period unless you cancel at least 24 hours before the trial ends. You will be charged the standard subscription price at the start of the paid period. Any unused portion of a free trial will be forfeited upon purchase of a subscription during the trial period.

4.6 Price Changes

We reserve the right to change subscription prices. We will provide reasonable advance notice of any price changes. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

4.7 Subscription Tiers

OgamicX offers both free and premium subscription tiers. The features available to you depend on your current subscription tier:

Certain advanced features, including AI-powered tools, enhanced analytics, and premium content, require an active paid subscription
Free tier users have access to a base set of features as determined by OgamicX
OgamicX reserves the right to modify the features available within each subscription tier at any time, with reasonable notice where practical

5. AI Disclaimer

OgamicX uses artificial intelligence to generate fitness and nutrition recommendations, analyze food photos, and personalize your experience. By using these AI features, you acknowledge and agree that:

AI-generated recommendations are for informational and general wellness purposes only and do not constitute medical, nutritional, or professional health advice.
AI outputs may not be accurate, complete, or suitable for your individual health circumstances.
You should always consult a qualified healthcare professional, physician, or registered dietitian before making changes to your diet, exercise routine, or health regimen, particularly if you have any medical conditions, injuries, or special dietary needs.
OgamicX is not responsible for any adverse health outcomes resulting from reliance on AI-generated content.
Food photo analysis is an approximation only. Caloric and nutritional estimates may vary significantly from actual values.

6. User Content

You retain ownership of any content you create, upload, or share through the Service, including photos, workout logs, and nutrition data ("User Content"). By submitting User Content, you grant OgamicX a non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service.

You represent and warrant that you own or have the necessary rights to your User Content, and that your User Content does not violate the rights of any third party or any applicable law.

7. User-Generated Social Content

OgamicX includes social features such as an activity feed, reactions (including like, love, fire, and clap), a leaderboard, and the ability to follow and be followed by other users. When using these social features, you agree to the following:

You must not post, share, or otherwise publish content that is offensive, abusive, defamatory, discriminatory, sexually explicit, or otherwise harmful to other users or to OgamicX
You must not use social features to harass, bully, threaten, or intimidate other users
OgamicX reserves the right, in its sole discretion, to remove or hide any content that violates these community guidelines, without prior notice
OgamicX reserves the right to suspend or permanently terminate accounts that repeatedly or egregiously violate community guidelines
You are solely responsible for your interactions with other users of the Service. OgamicX is not liable for disputes between users

8. Intellectual Property

All rights, title, and interest in and to the Service, including all software, content, trademarks, logos, and intellectual property, are and will remain the exclusive property of OgamicX and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial purposes. You may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works based on the Service or any part of it.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

The Service will meet your requirements or expectations
The Service will be uninterrupted, timely, secure, or error-free
Results obtained from use of the Service will be accurate, reliable, or suitable for your needs
Any errors or defects in the Service will be corrected

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OGAMICX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR PERSONAL INJURY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS (USD $100).

11. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to:

Violation of these Terms
Conduct that we determine, in our sole discretion, is harmful to other users, third parties, or OgamicX
Requests by law enforcement or government authorities
Discontinuation of the Service

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 5, 8, 9, 10, and 13.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a notice within the Service prior to the changes taking effect. Your continued use of the Service after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Service.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts located in Vietnam.

14. Contact Us

If you have any questions about these Terms of Use, please contact us at: [email protected]