Terms of Use

PLEASE READ THESE TERMS CAREFULLY. They include a binding individual arbitration agreement and a class-action waiver in Section 16, and broad limitations of liability and indemnification obligations in Section 13 and Section 14. By creating an account or otherwise using the Service, you agree to all of these terms.

1. Acceptance of Terms

These Terms of Use ("Terms") form a binding legal agreement between you ("you", "your") and Adipofyte ("Adipofyte", "we", "us", "our") governing your access to and use of the Adipofyte website, mobile experience, AI concierge ("Maya"), Sculptiq™ tracking tools, recipes, plans, and all related services (collectively, the "Service"). By creating an account, clicking "I agree", or accessing any part of the Service, you accept these Terms in full. If you do not agree, do not use the Service.

2. Adults Only — You Must Be 18+

The Service is intended exclusively for adults aged 18 years or older. By using the Service, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into a binding contract, and that you are not barred from using the Service under the laws of your jurisdiction. If we learn that you are under 18, we will terminate your account and delete your data.

3. NOT MEDICAL ADVICE — Wellness and Educational Use Only

Adipofyte is a wellness, educational, and informational platform. It is NOT a medical device, NOT a healthcare provider, and does NOT provide medical advice, diagnosis, or treatment. Maya is an artificial intelligence assistant; she is not a doctor, registered dietitian, therapist, personal trainer, or licensed healthcare professional. The recipes, botanical suggestions, movement plans, sleep protocols, mindset exercises, and any other content provided through the Service are for general wellness purposes only.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, your diet, exercise, supplements, sleep, mental health, or before starting any new wellness program. Never disregard professional medical advice or delay seeking it because of something you read or were told via the Service. If you think you are having a medical emergency, call your local emergency number immediately.

You are solely responsible for your own health decisions. Reliance on any information provided by the Service is at your own risk.

4. Your Account

• You must provide accurate, current, and complete information when creating your account.
• You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account.
• You must notify us immediately of any unauthorised use at security@adipofyte.com.
• One account per person. You may not share your account credentials. Household plans allow multiple individuals, each with their own private account, under one billing relationship.

5. Subscriptions, Trials, and Billing

• The Service is offered under several subscription plans (Solo, Household, monthly or yearly) described on our Subscribe page.
• New users may receive a free trial of the Service. Unless we say otherwise in writing, the trial expires automatically and does not auto-charge.
• When you start a paid subscription, your payment method will be automatically charged on a recurring basis (monthly or yearly) until you cancel. Cancellation takes effect at the end of your current billing period; you retain access until then.
• Prices are stated on the Subscribe page and may change. Existing subscribers will be given prior notice of any price increase before it takes effect on their next renewal.
• All payments are processed by Stripe. Adipofyte does not store your full payment card number. By providing a payment method, you authorise us and Stripe to charge it for the amounts due.
• Refunds: except where required by law, all subscription fees are non-refundable. We may, at our sole discretion, offer pro-rata or goodwill refunds.
• If a payment fails, we may suspend or terminate your access until the balance is paid.

6. Household Plans

If you purchase a Household plan, you (the "Owner") are billed for and responsible for the entire subscription. You may invite up to the number of seats specified on the plan. Each invited member must be 18+ and accept these Terms in their own right. The Owner can remove members; removed members keep their own personal data and may continue using the Service under a separate plan they obtain. Each member's photos, journal, and Maya conversations remain private to that member and are never visible to other household members.

7. Acceptable Use

You agree NOT to:

• Use the Service for any unlawful, fraudulent, abusive, or harmful purpose.
• Attempt to access another user's account, data, or any non-public area of the Service.
• Reverse engineer, decompile, scrape, or attempt to extract source code, training data, or proprietary algorithms from the Service or from Maya.
• Submit content that is illegal, defamatory, harassing, sexually explicit, threatening, or that infringes anyone's intellectual property or privacy rights.
• Upload viruses, malware, or any code intended to disrupt the Service.
• Use the Service to provide medical, dietary, fitness, or mental-health advice to third parties without their independent professional supervision.
• Use bots, automated tools, or AI agents to interact with the Service except via APIs we expressly make available.
• Resell, sublicense, or commercially exploit any part of the Service or its content without our prior written consent.

8. Your Content

You retain ownership of all content you submit to the Service (measurements, photos, journal entries, Maya messages, etc.) — collectively, "Your Content". By submitting Your Content, you grant Adipofyte a worldwide, royalty-free, non-exclusive license to host, store, transmit, process, display, and adapt Your Content solely as necessary to provide the Service to you (and, where you opt in, to other household members). We do not use Your Content to train AI models, sell it to advertisers, or share it for any other purpose.

You represent and warrant that you own or have all necessary rights to Your Content and that it does not violate these Terms or any law.

9. Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, recipe collections, the CP/FP rotation methodology and naming, the Sculptiq™ scoring system, the Maya persona, and all related trademarks and trade dress, are the exclusive property of Adipofyte and its licensors, protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use during your subscription. All other rights are reserved.

10. Artificial Intelligence Disclosure

Maya and various plan-generation features are powered by large language models and other artificial intelligence systems. AI output:

• May contain inaccuracies, omissions, or errors ("hallucinations") despite our best efforts;
• Is not a substitute for advice from a qualified professional;
• Should be independently verified before you rely on it for any health, financial, or legal decision.

We use third-party AI providers under contracts that prohibit them from using your messages to train their models, but we cannot guarantee zero error or zero misuse. By using AI features, you accept these limitations.

11. Third-Party Services and Links

The Service may link to or integrate with third-party services (e.g. Stripe for payments, AI providers for Maya, email delivery, analytics). We are not responsible for the availability, content, or practices of any third-party service. Your use of any third-party service is governed by that party's own terms and privacy policy.

12. Suspension and Termination

You may terminate your account at any time from Account → Dashboard → Delete Account or by emailing support@adipofyte.com. We may suspend or terminate your account, with or without notice, if we reasonably believe you have breached these Terms, used the Service unlawfully, or created risk to us, other users, or third parties. Sections that by their nature should survive termination — including IP, disclaimers, indemnity, limitation of liability, dispute resolution, and governing law — survive.

13. Disclaimer of Warranties & Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy of content, uninterrupted or error-free operation, and security.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADIPOFYTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADIPOFYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO ADIPOFYTE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages (including, without limitation, the State of New Jersey, the United Kingdom, and EU member states where the user is a consumer). In such jurisdictions, our liability is limited to the smallest extent permitted by law, and the exclusions above apply only to the extent the law permits.

14. Indemnification

You agree to defend, indemnify, and hold harmless Adipofyte, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys' fees (collectively, "Claims") arising out of or relating to:

• your use or misuse of the Service;
• your breach of these Terms or any law;
• Your Content or anything you submit, post, or transmit through the Service;
• your violation of any rights of any other person or entity (including intellectual property, privacy, or publicity rights);
• any health, dietary, fitness, supplement, or wellness decision you made wholly or partly in reliance on the Service;
• your interactions with other users (including household members).

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence. You may not settle any Claim without our prior written consent.

15. Assumption of Risk & Release

You acknowledge that exercise, dietary changes, fasting, supplements (including botanicals), sleep modifications, and mindset practices carry inherent risks and may cause adverse effects, injury, illness, or aggravation of pre-existing conditions. You voluntarily assume all such risks and release Adipofyte from any and all liability arising from them, to the maximum extent permitted by law. You agree that you have consulted (or will consult) a qualified healthcare professional before acting on any guidance from the Service.

16. Dispute Resolution — Binding Arbitration in Ohio & Class-Action Waiver

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

16.1 Informal Resolution First

Before filing a claim, you agree to try to resolve the dispute informally by emailing legal@adipofyte.com with a written description of the dispute, your contact information, and the relief you seek. We will try to resolve it within 60 days.

16.2 Binding Individual Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified here. The arbitration will be conducted in Cuyahoga County, Ohio, USA, or, at your election, by telephone or video conference. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator (and not any court) has exclusive authority to resolve all threshold issues, including arbitrability, unconscionability, and scope.

16.3 Class-Action Waiver

YOU AND ADIPOFYTE EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and brought in court, while the remainder of the arbitration agreement remains in force.

16.4 Exceptions

Either party may bring an individual action in small-claims court for disputes within its jurisdiction, or seek injunctive or equitable relief in court to protect intellectual-property rights.

16.5 30-Day Opt-Out

You may opt out of this arbitration agreement by emailing legal@adipofyte.com with the subject line "Arbitration Opt-Out" and your full name, account email, and a statement that you wish to opt out, within 30 days of first accepting these Terms. Opting out has no other effect on these Terms.

16.6 Federal Arbitration Act

This Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and survives termination of these Terms.

17. Governing Law and Venue

These Terms and any non-arbitrable Dispute are governed by the laws of the State of Ohio, USA, without regard to its conflict-of-laws principles. To the extent a Dispute is permitted to be brought in court, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Cuyahoga County, Ohio.

If you are a consumer resident in the EU/UK, nothing in these Terms deprives you of the protection of mandatory consumer-protection laws of your country of residence, and you may bring proceedings in the courts of your residence where required by such laws.

18. Export Controls and Sanctions

You may not use or access the Service if you are located in, ordinarily resident in, or a national of any country or region subject to comprehensive U.S. trade sanctions, or if you are listed on any U.S. or other applicable government list of restricted parties. You agree to comply with all U.S. and other applicable export-control and sanctions laws.

19. Changes to These Terms

We may revise these Terms from time to time. We will update the "Last updated" date and, for material changes, give you reasonable advance notice (e.g. by email or in-app notice). Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and may cancel your subscription.

20. General Provisions

• Entire agreement: these Terms and our Privacy Policy are the entire agreement between you and Adipofyte regarding the Service.
• Severability: if any provision is found unenforceable, the remaining provisions will remain in full force.
• No waiver: our failure to enforce a provision is not a waiver of that or any other provision.
• Assignment: you may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: we are not liable for delays or failures due to events beyond our reasonable control.
• Notices: we may send notices to you by email to your account address; you must send notices to us at legal@adipofyte.com.
• Headings are for convenience only and do not affect interpretation.

21. Contact

Adipofyte — Legal
Email: legal@adipofyte.com
Postal address: [insert business mailing address before launch]