Terms of Use

1. Acceptance of Terms

By downloading, installing, or using OptiSense ("the App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legal agreement between you and SymbioTek ("we", "us", or "our").

2. License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use on devices you own or control, subject to these Terms and Apple's App Store Terms of Service.

You may NOT:

• Copy, modify, or distribute the App
• Reverse engineer or decompile the App
• Rent, lease, or lend the App to third parties
• Use the App for any unlawful purpose
• Remove any proprietary notices from the App

3. Health Disclaimer

The Readiness Score, AI coaching, and all insights provided by the App are for informational and wellness purposes only. They should not be used as a substitute for professional medical advice, diagnosis, or treatment.

Always consult with a qualified healthcare provider before:

• Starting any new exercise program
• Making changes to your diet or nutrition
• Making decisions based on health data from the App
• If you have any concerns about your health

If you experience any health emergency, contact emergency services immediately. Do not rely on the App for emergency medical decisions.

4. Subscriptions & Payments

Subscription Plans

OptiSense offers the following subscription plans:

• Premium: $4.99/month or $39.99/year
• Elite: $9.99/month or $79.99/year

Free Trial

New subscribers may be eligible for a 7-day free trial. If you do not cancel before the trial ends, you will be automatically charged for the selected subscription plan.

Billing

• Payment is charged to your Apple ID account at confirmation of purchase
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel subscriptions in your App Store account settings

Refunds

All purchases are processed through Apple. For refund requests, please contact Apple Support or visit reportaproblem.apple.com.

5. User Conduct

When using OptiSense, you agree to:

• Provide accurate information
• Use the App only for lawful purposes
• Respect other users in social features
• Not harass, abuse, or harm other users
• Not attempt to gain unauthorized access to the App or its systems
• Not use automated systems or bots with the App
• Not share your account with others

We reserve the right to suspend or terminate accounts that violate these guidelines.

6. Intellectual Property

The App, including all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio, and software), is owned by SymbioTek and is protected by international copyright, trademark, and other intellectual property laws.

The OptiSense name, logo, and all related names, logos, product and service names are trademarks of SymbioTek.

7. AI Features

The App includes AI-powered features including:

• AI Health Coaches
• AI Food Scanner
• Personalized insights generation

You acknowledge that:

• AI responses are generated automatically and may not always be accurate
• AI coaching does not replace professional medical or nutritional advice
• We are not liable for decisions made based on AI-generated content
• AI features require an internet connection

8. Third-Party Services

The App integrates with third-party services including:

• Apple HealthKit
• Apple CloudKit
• AI service providers

Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF CONTENT

We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYMBIOTEK SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, or goodwill
• Any damages resulting from your use or inability to use the App
• Any damages resulting from reliance on health information provided by the App

Our total liability shall not exceed the amount you paid for the App in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless SymbioTek and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the App or violation of these Terms.

12. Termination

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination:

• Your license to use the App will immediately cease
• You must delete the App from all your devices
• Provisions that should survive termination will remain in effect

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes through the App or via email. Your continued use of the App after such modifications constitutes acceptance of the updated Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which SymbioTek is established, without regard to its conflict of law provisions.

15. Contact Information

For questions about these Terms, please contact us:

• Email: optisenseai@gmail.com
• Support: optisense.app/support

16. Apple-Specific Terms

If you are using the App on an Apple device, you also agree to the following:

• These Terms are between you and SymbioTek, not Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for any product warranties
• Apple is not responsible for addressing any claims related to the App
• Apple is a third-party beneficiary of these Terms