Terms of Service

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Edge Case Solutions, LLC, a District of Columbia limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the Curated Wellness mobile application (the "App").

By downloading, installing, accessing, or using the App, you represent that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable laws

2. SERVICE DESCRIPTION

Curated Wellness is a mobile application that uses artificial intelligence technology to generate personalized workout plans and recipes based on user-provided information such as fitness level, available equipment, dietary restrictions, and food budget.

The App is provided for informational and educational purposes only and is NOT a substitute for professional medical, nutritional, or fitness advice.

3. CRITICAL HEALTH AND SAFETY DISCLAIMERS

3.1 No Medical or Professional Advice

THE APP DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE WORKOUT PLANS AND RECIPES GENERATED BY THE APP ARE CREATED BY ARTIFICIAL INTELLIGENCE AND ARE NOT REVIEWED, APPROVED, OR ENDORSED BY LICENSED HEALTHCARE PROFESSIONALS, REGISTERED DIETITIANS, CERTIFIED PERSONAL TRAINERS, OR ANY OTHER QUALIFIED PROFESSIONALS.

3.2 Consult Healthcare Professionals

Before beginning any exercise program or making dietary changes, you should consult with:

• Your physician or healthcare provider
• A registered dietitian or nutritionist
• A certified fitness professional

This is especially important if you:

• Have any pre-existing medical conditions
• Are pregnant or nursing
• Are taking any medications
• Have a history of eating disorders
• Have any food allergies or sensitivities
• Have any injuries or physical limitations
• Are over the age of 40 and have not been physically active
• Experience chest pain, dizziness, or shortness of breath during exercise

3.3 Exercise Risks

YOU ACKNOWLEDGE AND ACCEPT THAT PHYSICAL EXERCISE INVOLVES INHERENT RISKS, including but not limited to:

• Musculoskeletal injuries (strains, sprains, fractures)
• Cardiovascular events (heart attack, stroke)
• Dizziness, fainting, or loss of consciousness
• Aggravation of pre-existing conditions
• Death

YOU ASSUME ALL RISKS associated with following any workout plans generated by the App.

3.4 Food Safety and Allergies

YOU ARE SOLELY RESPONSIBLE FOR:

• Verifying the safety and suitability of all recipes and ingredients
• Identifying and avoiding allergens
• Proper food handling, storage, and preparation
• Ensuring food is cooked to safe temperatures
• Checking for food spoilage or contamination
• Verifying nutritional information accuracy

The Company makes no representations or warranties regarding the safety, allergen content, nutritional accuracy, or suitability of any recipes generated by the App.

3.5 AI-Generated Content Limitations

The App uses artificial intelligence to generate content. YOU ACKNOWLEDGE that:

• AI-generated content may contain errors, inaccuracies, or inappropriate recommendations
• AI cannot account for your individual medical history, conditions, or circumstances
• AI-generated nutritional information may be inaccurate or incomplete
• AI-generated workout plans may not be appropriate for your fitness level
• The Company does not review, verify, or validate AI-generated content before it is provided to you

3.6 Listen to Your Body

You should immediately stop any exercise and seek medical attention if you experience:

• Chest pain or tightness
• Severe shortness of breath
• Dizziness or lightheadedness
• Unusual fatigue
• Nausea
• Pain in joints, muscles, or bones
• Any other unusual or concerning symptoms

4. NO LIABILITY

4.1 Complete Disclaimer of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "COMPANY PARTIES") SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, ILLNESS, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY, ARISING FROM OR RELATED TO:

• Use of or inability to use the App
• Any workout plan, exercise, or physical activity suggested by or performed using the App
• Any recipe, meal plan, dietary recommendation, or food consumed based on App content
• Food allergies, food poisoning, foodborne illness, or adverse reactions to food
• Injuries sustained during exercise or physical activity
• Adverse health effects from dietary changes
• Reliance on AI-generated content
• Inaccuracies, errors, or omissions in App content
• Failures, delays, interruptions, or errors in App functionality
• Loss of data stored on your device
• Unauthorized access to or alteration of your device data
• Third-party services or content
• Any other matter relating to the App

THIS DISCLAIMER APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

4.2 Assumption of Risk

BY USING THE APP, YOU EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS associated with:

• Physical exercise and fitness activities
• Dietary changes and food consumption
• Reliance on AI-generated content
• Use of the App for any purpose

4.3 Release of Claims

You hereby RELEASE, WAIVE, AND FOREVER DISCHARGE the Company Parties from any and all claims, demands, damages, rights, and causes of action of any kind, known or unknown, arising from or related to your use of the App.

5. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any law or regulation
• Any injury, illness, or death you suffer or cause to others
• Any property damage you cause
• Your negligence or willful misconduct
• Any third-party claims related to your use of the App

This indemnification obligation survives termination of these Terms and your use of the App.

6. WARRANTIES DISCLAIMER

6.1 "AS IS" Provision

THE APP IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• TITLE
• ACCURACY, COMPLETENESS, OR RELIABILITY OF CONTENT
• THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• THAT DEFECTS WILL BE CORRECTED
• THAT THE APP IS FREE OF VIRUSES OR HARMFUL COMPONENTS

6.2 No Guarantee of Results

The Company makes no guarantees regarding:

• Weight loss or gain
• Muscle development
• Fitness improvement
• Health outcomes
• Achievement of any fitness or nutrition goals
• Accuracy of AI-generated content
• Suitability of workouts or recipes for your needs

7. SUBSCRIPTION TERMS

7.1 Free Trial

The App offers a 30-day free trial. After the trial period, your subscription will automatically renew at the then-current subscription rate unless you cancel before the trial ends.

7.2 Subscription Billing

• Subscriptions are processed through Apple's In-App Purchase system
• Payment is managed by RevenueCat and Apple
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your Apple account will be charged for renewal within 24 hours prior to the end of the current period
• Subscription fees are non-refundable except as required by applicable law

7.3 Cancellation

You may cancel your subscription at any time through your Apple account settings. Cancellation takes effect at the end of the current billing period. You will not receive a refund for any unused portion of your subscription.

7.4 Price Changes

The Company reserves the right to change subscription prices at any time. Price changes will apply to subsequent subscription periods after notice to you.

8. USER OBLIGATIONS AND PROHIBITED CONDUCT

8.1 Your Responsibilities

You agree to:

• Use the App only for lawful purposes
• Take full responsibility for your health and safety
• Verify all AI-generated content before relying on it
• Consult appropriate professionals before making health decisions
• Provide accurate information to the App
• Maintain the security of your device
• Comply with all applicable laws and regulations

8.2 Prohibited Conduct

You may not:

• Use the App if you are under 18 years of age
• Reverse engineer, decompile, or disassemble the App
• Attempt to gain unauthorized access to the App or its systems
• Use the App in any way that could damage, disable, or impair it
• Remove or modify any proprietary notices or labels
• Use automated systems or software to extract data from the App
• Redistribute, sell, or sublicense the App or its content
• Use the App for any commercial purpose without authorization
• Violate any applicable laws or regulations
• Use the App to provide professional services to others
• Share your access to the App with others

9. INTELLECTUAL PROPERTY

9.1 Company Ownership

The App and all content, features, and functionality (including but not limited to software, text, graphics, logos, icons, images, audio clips, and data compilations) are owned by the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on your personal iOS device solely for your personal, non-commercial use.

9.3 Trademarks

Curated Wellness and all related logos, product and service names, designs, and slogans are trademarks of the Company. You may not use such marks without the Company's prior written permission.

9.4 AI-Generated Content

While you may use AI-generated workout plans and recipes for your personal use, you do not acquire any ownership rights in such content. The Company and its AI service providers retain all rights in the underlying technology and algorithms.

10. PRIVACY AND DATA

10.1 On-Device Storage

All personal data, including your fitness information, dietary preferences, and generated workout plans and recipes, are stored locally on your device. The Company does not collect, store, or transmit this personal information to its servers.

10.2 Feedback Data

If you provide feedback through the App, such feedback is anonymized before being collected by the Company. By submitting feedback, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the App without compensation or attribution to you.

10.3 Third-Party Services

The App uses the following third-party services:

• Groq for AI processing
• RevenueCat for subscription management
• Apple for payment processing and app distribution

These third parties may collect certain information in accordance with their own privacy policies. You should review the privacy policies of these third parties:

• Groq Privacy Policy: https://groq.com/privacy-policy
• RevenueCat Privacy Policy: https://www.revenuecat.com/privacy/
• Apple Privacy Policy: https://www.apple.com/legal/privacy/en-ww/

10.4 Device Data Security

You are responsible for maintaining the security of your device and any data stored on it. The Company is not responsible for unauthorized access to data on your device resulting from device loss, theft, malware, or security breaches.

10.5 California Privacy Rights

If you are a California resident, you may have certain rights under the California Consumer Privacy Act (CCPA). However, because the Company does not collect personal information (aside from anonymized feedback), most CCPA rights do not apply. For questions, contact us at the support section of this website.

11. THIRD-PARTY SERVICES AND CONTENT

11.1 Third-Party Services

The App relies on third-party services (Groq AI, RevenueCat, Apple) that are outside the Company's control. The Company is not responsible for:

• The availability, accuracy, or reliability of third-party services
• Changes to third-party services that affect App functionality
• Third-party service outages or errors
• Third-party data practices or security
• Third-party terms of service or policies

11.2 AI Service Provider Changes

The Company may change AI service providers (currently Groq) or AI models (currently Llama) at any time without notice. Such changes may affect the quality, style, or nature of generated content.

11.3 No Endorsement

Reference to any third-party products, services, or information does not constitute an endorsement or recommendation by the Company.

12. MODIFICATIONS TO THE APP AND TERMS

12.1 Changes to the App

The Company reserves the right to:

• Modify, suspend, or discontinue the App or any features at any time
• Change AI models or service providers
• Add or remove functionality
• Update content or recommendations

Such changes may occur without notice and without liability to you.

12.2 Changes to Terms

The Company may modify these Terms at any time by posting the revised Terms within the App or on the Company's website. The "Last Updated" date at the top will reflect when changes were made.

Your continued use of the App after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App.

12.3 Material Changes

For material changes that significantly affect your rights, the Company will provide reasonable notice (such as in-app notification or email if we have your contact information).

13. TERM AND TERMINATION

13.1 Term

These Terms remain in effect while you use the App.

13.2 Termination by You

You may terminate these Terms at any time by:

• Deleting the App from your device
• Canceling your subscription through Apple
• Ceasing all use of the App

13.3 Termination by Company

The Company may terminate or suspend your access to the App immediately, without notice or liability, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Risk to Company or other users
• At Company's sole discretion

13.4 Effect of Termination

Upon termination:

• Your right to use the App immediately ceases
• You must delete the App from your device
• Sections 3, 4, 5, 6, 9, 10, 14, 16, 17, and 18 survive termination
• You remain liable for any obligations incurred prior to termination
• No refunds will be provided except as required by applicable law

14. LIMITATION OF LIABILITY

14.1 Maximum Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY PARTIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.

14.2 Exclusion of Damages

IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• PERSONAL INJURY OR PROPERTY DAMAGE
• EMOTIONAL DISTRESS
• LOSS OF BUSINESS OPPORTUNITY
• COST OF SUBSTITUTE SERVICES

This exclusion applies regardless of the legal theory and even if the Company has been advised of the possibility of such damages.

14.3 Basis of the Bargain

You acknowledge that the Company has set its prices and entered into these Terms in reliance upon the disclaimers of warranty and limitations of liability set forth herein, and that the same form an essential basis of the bargain between you and the Company.

15. APPLE-SPECIFIC TERMS

15.1 Acknowledgement

You acknowledge that:

• These Terms are between you and the Company only, not with Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for addressing any claims relating to the App or your use of it
• Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the App infringes intellectual property rights
• You must comply with applicable third-party terms when using the App (e.g., wireless data service terms)

15.2 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15.3 Device Requirements

The App requires an iPhone 12 or later. The Company is not responsible if the App does not function on older devices or future devices.

16. DISPUTE RESOLUTION AND ARBITRATION

16.1 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App (collectively, "Disputes") will be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified by this Section 16.

16.2 Exceptions to Arbitration

The following Disputes are not subject to arbitration:

• Claims brought in small claims court, so long as the matter remains in such court and advances only on an individual basis
• Claims seeking injunctive or equitable relief for the alleged unlawful use of intellectual property
• Any claim that cannot be arbitrated under applicable law

16.3 Arbitration Procedures

• The arbitration will be conducted in Washington, D.C., unless you and the Company agree otherwise
• The arbitration will be conducted by a single, neutral arbitrator
• The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part is void or voidable
• The arbitrator shall apply the substantive law of the District of Columbia (without regard to its conflict of laws principles)
• The arbitrator may award any relief that a court could award, including attorneys' fees when authorized by law
• The arbitrator's decision is final and binding, except for a limited right of appeal under the Federal Arbitration Act

16.4 Arbitration Costs

• Each party is responsible for paying their own AAA filing, administration, and arbitrator fees in accordance with AAA rules
• If your claim is for $10,000 or less, the Company will reimburse you for your filing fee and pay the arbitrator fees, unless the arbitrator determines your claims are frivolous
• The prevailing party may be entitled to an award of attorneys' fees and costs

16.5 CLASS ACTION WAIVER

YOU AND THE COMPANY 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 PROCEEDING.

Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, consolidated, or representative proceeding.

If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

16.6 Opt-Out Right

You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to 1717 Pennsylvania Ave NW, Washington, DC 20006 within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

If you opt out, all other parts of these Terms will continue to apply, but you will not be bound by Section 16.

16.7 Severability

If any part of this arbitration provision is deemed invalid or unenforceable, the remainder shall remain in effect, except as provided in Section 16.5.

16.8 Future Changes

Notwithstanding any provision in these Terms to the contrary, you and the Company agree that if the Company makes any future change to this arbitration provision (other than a change to the notice address), you may reject such change by sending written notice to 1717 Pennsylvania Ave NW, Washington, DC 20006 within thirty (30) days of the change, in which case your account will be immediately terminated but this arbitration provision, as in effect immediately prior to the changes, shall survive.

17. GOVERNING LAW AND VENUE

17.1 Governing Law

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the District of Columbia and applicable United States federal law, without regard to conflict of law principles.

17.2 Exclusive Venue

To the extent that arbitration does not apply (see Section 16), you agree that any judicial proceeding shall be brought exclusively in the state or federal courts located in Washington, D.C., and you consent to the personal jurisdiction of such courts.

17.3 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the App and supersede all prior agreements and understandings, whether written or oral.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. The Company's failure to enforce any right or provision shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under them without the Company's prior written consent. The Company may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

18.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and the Company. You have no authority to bind the Company in any manner.

18.6 Force Majeure

The Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.7 Survival

All provisions that by their nature should survive termination shall survive, including but not limited to disclaimers, limitations of liability, indemnification, arbitration, and governing law provisions.

18.8 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

18.9 Electronic Communications

You consent to receive electronic communications from the Company, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

18.10 Export Control

You may not use or export the App in violation of U.S. export laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

18.11 U.S. Government Rights

The App is "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202. U.S. Government users acquire the App with only those rights set forth in these Terms.

18.12 Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of conflict between the English version and any translation, the English version shall prevail.

19. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms or the App, please refer to the support section of this website.

For Legal Notices:
Edge Case Solutions, LLC
1717 Pennsylvania Ave NW Ste 1, Washington, DC 20036
Email: curatedwellnessapp@gmail.com