Terms and Conditions

Last updated: March 24, 2025

Important Notice

Please read these Terms and Conditions carefully. By accessing or using the Mofilo website (mofilo.app) or mobile application, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of all Mofilo services, content, tools, and applications.

1. Acceptance of Terms

Welcome to Mofilo ("we," "our," or "us"). These legally binding Terms and Conditions govern your use of our website located at mofilo.app (the "Site"), mobile application named "Mofilo" (the "App"), and any related services, features, content, tools, calculators, and applications (collectively, the "Services").

By downloading, installing, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. These Terms constitute a legal agreement between you and Mofilo LLC, regardless of whether you are using paid or free components of our Services. If you disagree with any part of these Terms, you have no right to access or use our Services and should delete the App and cease all use of the Site immediately.

Your use of our Services is also subject to our Privacy Policy, which is incorporated by reference into these Terms.

2. Age Restrictions and Jurisdiction Limitations

2.1 Age Restrictions

The Services are intended for use by individuals who are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. By using the Services, you represent and warrant that you meet these age requirements. If you are under the required age, you may not use the Services under any circumstances.

If we discover or have reason to believe that you are not of the required age, we reserve the right to suspend or terminate your account immediately and delete any personal information we have collected from you.

2.2 Jurisdiction Limitations

The Services are intended for use by individuals located in jurisdictions where the Services and their contents are not prohibited by law. You are responsible for complying with the laws of your jurisdiction when accessing or using the Services.

You may not use the Services if:

  • You are located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist-supporting" country;
  • You are listed on any U.S. Government restricted parties lists;
  • You are located in a jurisdiction where access to or use of the Services would be illegal;
  • You are otherwise prohibited from receiving U.S. products, services, or software.

Mofilo makes no representation that the Services or any of their content is available or appropriate for use in all locations. Access to the Services may not be legal by certain persons or in certain jurisdictions. Mofilo reserves the right to limit, in its sole discretion, the provision and quantity of any Services to any person or in any jurisdiction.

2.3 International Privacy Laws and GDPR

If you are accessing our Services from regions with laws governing data collection, use, or processing that may differ from United States law, including the European Union and the United Kingdom, please note that we may transfer your information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction.

For users in the European Economic Area (EEA), United Kingdom, or Switzerland:

  • We process your personal data on the legal basis of contractual necessity to provide you with our Services or to take steps at your request prior to entering into a contract with you;
  • We may also process your personal data where necessary for our legitimate interests or the legitimate interests of others (such as security, fraud prevention, and compliance with law);
  • Where legally required, we collect your consent for certain processing activities such as marketing communications;
  • You have the right to access, correct, delete, restrict processing of, or object to processing of your personal data, as well as the right to data portability, subject to conditions set out in applicable laws;
  • You have the right to lodge a complaint with a supervisory authority;
  • You may withdraw consent at any time where processing is based on your consent, without affecting the lawfulness of processing based on consent before its withdrawal;
  • The provision of personal data is a contractual requirement needed to enter into a contract with us; failure to provide such data may make it impossible for us to provide the Services.

We apply appropriate technical and organizational measures to ensure a level of security appropriate to the risk associated with processing your personal data. For more information about our data protection practices, your rights, and how to exercise them, please see our Privacy Policy.

3. Accounts and Registration

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to notify us immediately at support@mofilo.app of any unauthorized use of your account or any other breach of security.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, with or without notice. Under no circumstances shall Mofilo be liable for any loss or damage arising from your failure to comply with these provisions.

4. Free Tools, Calculators, and Content

While we provide various free tools, calculators, templates, and content, these are provided on an "as is" and "as available" basis without any warranties, representations, or guarantees of any kind. By using our free tools and content, you agree to the following:

  • You will not rely exclusively on our free tools for critical health, fitness, or medical decisions;
  • You understand that calculators, tools, and templates are for informational and educational purposes only;
  • You acknowledge the inherent limitations of any calculation tools, including potential inaccuracies;
  • You will not hold Mofilo liable for any outcomes, decisions, or actions taken based on our free tools or content;
  • You will not attempt to reverse-engineer, copy, modify, distribute, or create derivative works from these tools.

We reserve the right to modify, suspend, or discontinue any free tool, calculator, or content at any time without notice or liability.

4.1 Health and Fitness Disclaimer

Mofilo is not a medical organization, and our Services do not constitute medical advice. The information, content, and services provided through Mofilo, including but not limited to workout plans, nutrition guidance, and fitness metrics, are intended solely for general informational and educational purposes.

By using our Services, you explicitly acknowledge and agree that:

  • You should consult with a qualified healthcare professional before starting any new diet, exercise program, or if you have or suspect you might have a health condition;
  • You should never disregard professional medical advice or delay in seeking it because of something you have read or seen in our Services;
  • You assume all risk and responsibility for any injuries, damages, or adverse health effects resulting from your use of our Services, including following workout plans, nutrition advice, or calculations;
  • Mofilo's caloric intake, macronutrient, and fitness calculations are estimates only and may not account for your specific health conditions, medications, metabolic factors, or individual needs;
  • Exercises demonstrated or described in our Services may cause injury if performed incorrectly or inappropriately for your fitness level;
  • Mofilo does not assess your physical fitness or medical condition and cannot determine whether you are physically capable of using our Services;
  • It is your sole responsibility to ensure the safety of your workout environment and to exercise within your personal capabilities;
  • Nutrition and dietary content provided through our Services is not intended to diagnose, treat, cure, or prevent any disease or medical condition and should not be used as a substitute for professional nutritional or dietary advice.

By using Mofilo's Services, you voluntarily assume all known and unknown risks associated with physical activity and exercise and waive any claim against Mofilo for injuries, damages, or adverse health effects arising from your use of our Services.

5. Account Management

5.1 Account Creation and Security

When creating an account with Mofilo, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials;
  • All activities that occur under your account;
  • Configuring strong passwords that meet industry security standards;
  • Immediately notifying us of any unauthorized use of your account or any other security breach at support@mofilo.app.

Mofilo will not be liable for any loss or damage arising from your failure to comply with these account security requirements.

5.2 Account Deletion

You may delete your account at any time by:

  • Using the account deletion option in your account settings; or
  • Contacting us at support@mofilo.app with a clear request to delete your account.

Upon receiving your account deletion request, we will process it within a reasonable timeframe, typically within 30 days. However, certain information may be retained:

  • As required by applicable law;
  • For legitimate business purposes, such as fraud prevention;
  • To complete any transactions or actions initiated prior to account deletion;
  • As aggregated, anonymized data that cannot identify you personally.

Account deletion is irreversible. Once completed, you will not be able to recover any data associated with your account.

5.3 Suspension and Termination by Mofilo

Mofilo reserves the right to suspend or terminate your account at any time, without prior notice or liability, for conduct that we reasonably believe:

  • Violates these Terms or our Privacy Policy;
  • Infringes on the rights of Mofilo or third parties;
  • Violates applicable laws or regulations;
  • Could expose Mofilo to legal liability or compromise the security of our Services;
  • Involves fraudulent, deceptive, or malicious activity;
  • Interferes with another user's enjoyment of the Services.

The suspension or termination of your account shall not entitle you to any claims for compensation, damages, or reimbursement. However, it does not exempt you from paying any applicable fees or prices already incurred prior to termination.

5.4 Effect of Account Termination

Upon termination of your account, whether initiated by you or by Mofilo:

  • Your right to access or use the Services will immediately cease;
  • Mofilo may delete or deactivate your account and all related information and files;
  • Mofilo may prohibit further access to such files or the Services;
  • Any outstanding payment obligations will remain effective until satisfied;
  • Provisions that by their nature should survive termination will continue to apply, including but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. Subscriptions and Pricing

The following terms apply only to users who purchase a subscription to our premium services. If you are using only free features of our Services, this section does not apply to you. When you purchase a subscription to our Services, you agree to the following terms:

6.1 Pricing and Payment

All subscriptions to Mofilo are purchased exclusively through the Apple App Store or Google Play Store. Our website does not process or manage any subscription transactions. All prices are shown in the applicable currency as displayed in the respective app store and are exclusive of any applicable taxes unless otherwise stated. You agree to pay all charges at the rates in effect when the charges are incurred through the respective app store.

6.2 Price Changes

We reserve the right to change our subscription fees, pricing structure, or introduce new charges at any time. Price changes will take effect at the start of the next subscription period following the date of the price change. All notifications regarding price changes are sent through the Apple App Store or Google Play Store according to their respective policies. By continuing to use the Services after those changes become effective, you agree to the updated fees and charges.

6.3 Automatic Renewal

All subscriptions purchased through Apple App Store or Google Play Store automatically renew at the end of your subscription period, whether monthly, quarterly, annual, or otherwise, unless you cancel your subscription before the end of the current subscription period. By subscribing to the Services, you expressly acknowledge and agree that the respective app store will automatically renew your subscription and charge the payment method associated with your app store account.

6.3.1 Auto-Renewal Notice

BY PURCHASING A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT BEFORE THE END OF THE CURRENT BILLING PERIOD. UPON RENEWAL, THE PAYMENT METHOD ASSOCIATED WITH YOUR ACCOUNT WILL AUTOMATICALLY BE CHARGED THE THEN-CURRENT RATE FOR YOUR SUBSCRIPTION PLAN (PLUS APPLICABLE TAXES).

For all subscription plans, payment will be charged to your payment method through your Apple App Store or Google Play Store account at confirmation of purchase and at the beginning of each renewal period. Your subscription will automatically renew for the same subscription period (monthly, quarterly, or annually) at the then-current price unless you cancel it at least 24 hours before the end of the current billing period.

6.3.2 Renewal Reminders

For subscriptions with a renewal period longer than 6 months (such as annual subscriptions), we will make efforts to send you a renewal reminder notice at least 15 days before your subscription renews. However, our failure to send such a reminder or your failure to receive it does not affect your subscription renewal or relieve you of any obligation to pay renewal fees. You acknowledge that renewal notifications are managed by the respective app stores (Apple App Store or Google Play Store) and are subject to their notification policies.

6.3.3 Changes to Subscription Pricing

If the price of your subscription changes, notifications regarding such changes are handled exclusively by the Apple App Store or Google Play Store according to their respective policies. Mofilo does not provide separate notifications about subscription price changes. Users are responsible for monitoring communications from their respective app store platform. By continuing to use the Services after a price change takes effect, you agree to pay the updated price. If you do not agree to the updated price, you must cancel your subscription before the renewal date to avoid being charged the updated price.

6.4 Cancellation

All subscription cancellations must be processed through the platform where you purchased your subscription:

  • For subscriptions purchased through the Apple App Store, you must cancel through your Apple ID account settings (Settings > [your name] > Subscriptions).
  • For subscriptions purchased through Google Play Store, you must cancel through the Google Play Store app (Google Play Store > Profile > Payments & subscriptions > Subscriptions).

Please note that Mofilo cannot directly cancel subscriptions as all subscription management is handled exclusively by Apple and Google. Mofilo does not have access to or control over your subscription status in these platforms. Failure to cancel through the appropriate platform will result in continued billing. Our website does not provide subscription cancellation functionality.

If you cancel, you will still have access to your subscription benefits until the end of your then-current subscription period, but you will not receive a refund for any fees already paid for the current subscription period. Cancellation will take effect at the end of your current subscription period.

6.5 No Refunds

Mofilo does not process or control payments for subscriptions, as all transactions are managed by the Apple App Store or Google Play Store. As such, Mofilo cannot directly issue refunds for any subscription purchases.

All refund requests must be submitted directly to Apple or Google, according to their respective refund policies:

  • For Apple App Store purchases, refund requests must be submitted through Apple's support system at reportaproblem.apple.com or through your Apple ID account settings.
  • For Google Play Store purchases, refund requests must be submitted through the Google Play Store app under "Order History" or by contacting Google Play support.

Mofilo has no obligation or ability to provide refunds for purchases made through these platforms. Any communication to Mofilo regarding refunds will be directed to the appropriate app store platform, as we cannot process these requests directly.

6.6 Free Trials

Free trials to our subscription services are only available through the Apple App Store or Google Play Store. If you sign up for a free trial, you will automatically be enrolled in the paid subscription at the then-current subscription rate at the end of the trial period unless you cancel before the end of the trial period through the respective app store.

For free trials initiated through the Apple App Store or Google Play Store, the trial period and conversion to paid subscription are managed according to Apple's or Google's respective policies. To avoid charges, you must cancel your subscription before the free trial ends, directly through your Apple App Store or Google Play Store account settings. Mofilo cannot cancel or modify free trials that were initiated through these platforms.

6.7 Failed Payments

If your payment method registered with the Apple App Store or Google Play Store is declined or fails for any subscription charge, the respective app store may make multiple attempts to bill that payment method according to their policies. Payment processing and collection are handled exclusively by Apple or Google. If they are unable to successfully charge your payment method, they may suspend or terminate your access to the subscription services according to their terms.

6.8 Disputed Charges

All payment disputes must be directed to the platform through which you purchased your subscription (Apple App Store or Google Play Store). Since Mofilo does not process payments directly, we cannot assist with payment disputes or billing issues. Contact Apple or Google support for assistance with any disputed charges.

6.9 Modification of Services

We reserve the right to modify, terminate, or otherwise amend the services and features offered in our subscriptions at any time. If we make a material change that significantly reduces the value of your subscription, we may offer alternative arrangements, but we are not obligated to do so.

6.10 Account Information

You are responsible for maintaining the accuracy of your billing information with the respective app store (Apple or Google). If your billing information changes, you must update it promptly through your Apple or Google account settings. Failure to maintain accurate billing information may result in service interruption. Mofilo does not have access to or control over your billing information stored with these platforms.

  • Copying, modifying, or creating derivative works based on our Services or any part thereof;
  • Distributing, leasing, licensing, transferring, or selling our content;
  • Reverse engineering, decompiling, or attempting to extract the source code;
  • Using our trademarks or branding in any way without our express written permission;
  • Using our content for any commercial purposes without a license to do so.

Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7. Intellectual Property Rights

All intellectual property rights, including copyrights, patents, trademarks, trade names, logos, corporate names, domain names, service marks, trade secrets, know-how, database rights, design rights, and all other proprietary rights that may exist in any part of the world ("Intellectual Property Rights") in the Services, including but not limited to text, images, graphics, logos, icons, software, source code, content, audio, video, data compilations, and documentation, are the exclusive property of Mofilo LLC or its licensors.

All trademarks, service marks, trade names, logos, and product names displayed on or in connection with the Services are registered and unregistered trademarks of Mofilo LLC or third parties. Nothing contained in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or logo displayed on the Services without the written permission of Mofilo LLC or the relevant third party.

The compilation of all content and materials on the Services is the exclusive property of Mofilo LLC and is protected by copyright laws. The design, structure, selection, coordination, expression, and arrangement of such content is protected by copyright, trademark, and other laws, and may not be copied or imitated in whole or in part.

You acknowledge that:

  • All Intellectual Property Rights in the Services belong to Mofilo LLC or its licensors;
  • No rights in the Services are granted or transferred to you;
  • You have no right to use any of Mofilo LLC's trademarks or other distinctive brand features;
  • You will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.

7A. User Content and Licensing

7A.1 User-Generated Content

"User Content" refers to any text, data, information, images, photographs, workout routines, meal plans, comments, feedback, suggestions, or other content that you create, upload, post, submit, or transmit through our Services, including but not limited to profile information, progress photos, custom workout plans, or reviews.

You retain ownership of any intellectual property rights that you hold in your User Content. However, by creating, uploading, posting, submitting, or transmitting any User Content, you grant to Mofilo a worldwide, royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating and providing our Services. This license continues even if you stop using our Services, except to the extent that you delete your User Content.

You represent and warrant that:

  • You own the User Content you submit or have obtained all necessary permissions, rights, consents, and licenses to grant us the rights specified in these Terms;
  • Your User Content, and our use of such User Content as permitted by these Terms, will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
  • Your User Content will not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Your User Content will not violate any applicable law or regulation.

7A.2 Monitoring and Removal

We reserve the right (but have no obligation) to review, screen, filter, edit, refuse, or remove any User Content at our sole discretion, for any or no reason, including if we believe such content violates these Terms or applicable law. We assume no liability for any User Content that you or any other user or third party submits.

You acknowledge and agree that Mofilo may preserve User Content and disclose it if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mofilo, its users, or the public.

7A.3 Feedback and Suggestions

If you provide Mofilo with any feedback, suggestions, improvements, or recommendations regarding our Services (collectively, "Feedback"), you grant Mofilo an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free right to use such Feedback for any purpose without compensation or attribution to you. You agree that Mofilo shall be free to use, disclose, reproduce, license, distribute, and exploit any Feedback provided by you as we see fit, entirely without obligation or restriction of any kind.

8. Service Interruption and Availability

While we strive to provide uninterrupted access to our Services, you acknowledge and agree that:

  • Mofilo reserves the right to interrupt, suspend, or modify the Services, temporarily or permanently, with or without notice, for any reason including but not limited to system maintenance, updates, security issues, or circumstances beyond our reasonable control;
  • In the event of such interruptions, Mofilo shall not be liable for any loss or damage that may occur as a result;
  • Mofilo does not guarantee that the Services will be available at all times, uninterrupted, or error-free;
  • Technical difficulties may occur and system failures may result in data loss or service interruptions;
  • Mofilo is not responsible for delayed or failed communications due to network problems, system outages, or other technical issues;
  • Force majeure events, including but not limited to natural disasters, acts of government, civil unrest, acts of terror, strikes, or other labor problems, as well as malfunctions in telecommunications, internet service disruptions, or any other events beyond our reasonable control, may result in service interruptions for which Mofilo will not be liable.

You agree that Mofilo shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, whether planned or unplanned. Mofilo will make reasonable efforts to notify users of significant planned service interruptions when practicable, but failure to provide such notice shall not create any liability.

8A. Force Majeure

Neither Mofilo nor you shall be liable for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) where the delay or failure results from any cause beyond the reasonable control of that party, including but not limited to:

  • Acts of God, natural disasters, or extreme weather events (such as earthquakes, floods, hurricanes, or wildfires);
  • Epidemics, pandemics, or public health emergencies;
  • Terrorist attacks, civil war, civil commotion, riots, or war;
  • Nuclear, chemical, or biological contamination;
  • Fire, explosion, or accidental damage;
  • Government action, orders, restrictions, regulations, or interventions;
  • Collapse of buildings, failure of plant machinery, machinery, computers, or vehicles;
  • Interruption or failure of utility service, including but not limited to electric power, gas, water, or internet;
  • Any labor dispute, including but not limited to strikes, industrial action, or lockouts;
  • Global or regional internet disruptions, disruptions in telecommunication networks, or failure of third-party hosts or service providers;
  • Non-performance by suppliers or subcontractors; and
  • Any other events that are beyond the reasonable control of the affected party.

If a force majeure event occurs, the affected party shall be excused from performance of the affected obligations for the duration of the force majeure event and shall not be liable for any delay or failure to perform its obligations during such period. The affected party shall:

  • Promptly notify the other party in writing of the nature and extent of the force majeure event;
  • Use reasonable efforts to mitigate the effects of the force majeure event and to resume performance as soon as reasonably possible;
  • Keep the other party informed of its efforts to resume performance.

If a force majeure event continues for a period of more than sixty (60) consecutive days, either party may terminate these Terms by providing written notice to the other party, without incurring any liability as a result of such termination.

This Force Majeure clause does not excuse your obligation to pay any fees that are due and payable under these Terms, regardless of the occurrence of a force majeure event.

9. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Mofilo. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You further acknowledge and agree that Mofilo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

For more detailed information about how we interact with third-party services, including data sharing practices and your options regarding third-party services, please refer to our Privacy Policy.

10. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate these Terms at any time by discontinuing use of our Services and deleting your account. However, certain provisions of these Terms will continue to apply even after termination.

11. Disclaimer of Warranties

Your use of the Services is at your sole risk. The Services and all content are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Mofilo LLC, its subsidiaries, affiliates, officers, employees, agents, partners, and licensors do not warrant that:

  • The Services will function uninterrupted, secure, or available at any particular time or location;
  • Any errors or defects will be corrected;
  • The Services are free of viruses or other harmful components;
  • The results of using the Services will meet your requirements;
  • The information provided through our Services is accurate, reliable, or complete.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Mofilo LLC, its directors, employees, partners, agents, suppliers, affiliates, or contractors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, revenue, data, goodwill, use or other intangible losses, arising out of or relating to your use of or inability to use the Services, even if Mofilo has been advised of the possibility of such damages.

Nothing in these Terms shall exclude or limit Mofilo's liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

You expressly understand and agree that Mofilo, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Mofilo and you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Mofilo LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms;
  • Your User Content;
  • Your use of the Services, including, but not limited to, any injuries or damages of any kind resulting from your use or misuse of any fitness or nutrition information;
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.

14. Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally settled by binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in effect. The place of arbitration shall be Delaware, United States. The language of the arbitration shall be English.

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Mofilo are each waiving the right to trial by jury or to participate in a class action.

This arbitration provision shall survive termination of these Terms.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

17. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services and must immediately discontinue use of the Services and delete your account.

It is your responsibility to review these Terms periodically for changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

18. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by Mofilo on the Services, constitutes the entire agreement between you and Mofilo concerning the Services and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Mofilo with respect to the Services.

19. Mobile Application Specific Terms

19.1 App Store Compliance

If you download and use our App through the Apple App Store, you agree to comply with Apple's App Store terms and conditions available at https://www.apple.com/legal/internet-services/itunes/. If you download and use our App through the Google Play Store, you agree to comply with Google's Play Store terms and conditions available at https://play.google.com/intl/en-us_us/about/play-terms/.

You acknowledge that these Terms are between you and Mofilo only, and not with Apple Inc., Google LLC, or any other app store provider. However, you acknowledge that Apple and Google are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.

19.2 Data Collection and Privacy

Our App may request access to certain features of your mobile device, such as the camera (for progress photos), health data (for fitness tracking), location services (for gym location features), push notifications, or other features. You can manage these permissions through your device settings. If you initially grant these permissions but later change your mind, you can revoke them through your device settings, though this may limit functionality.

Our App collects and processes data in accordance with our Privacy Policy. By installing and using our App, you consent to such processing as described in our Privacy Policy.

19.3 In-App Purchases and Subscriptions

All in-app purchases and subscriptions are processed by the Apple App Store or Google Play Store, not by Mofilo. All billing and payment disputes must be directed to the relevant app store. Mofilo is not responsible for any payment processing issues, including billing errors, refund processing, or payment method changes.

Our App offers auto-renewing subscriptions through in-app purchases. By purchasing a subscription, you understand that:

  • Subscriptions will automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period;
  • You must turn off auto-renewal through your account settings in the Apple App Store or Google Play Store, not through our App;
  • You will be charged for renewal within 24 hours prior to the end of the current period;
  • Any unused portion of a free trial period will be forfeited when you purchase a subscription.

19.4 Updates and Maintenance

Mofilo may, from time to time, update our App to implement bug fixes, enhanced functions, new features, or version updates. Such updates may be automatic or manual depending on your device settings. While we strive to provide notice for major updates, we reserve the right to update the App without specific notice to you.

We do not guarantee that our App will always be updated to be compatible with the latest versions of iOS or Android. You are responsible for downloading any updates to maintain compatibility and access to our Services.

19.5 Third-Party Components

Our App may include third-party software components or technologies that are subject to separate license terms. To the extent applicable, a list of such components and their respective license terms may be provided in our App or through our website.

19.6 California Consumer Notice

Under California Civil Code Section 1789.3, California users of our App are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. Assignment of Contract

Mofilo reserves the right to transfer, assign, sublicense, or pledge, in any manner whatsoever, these Terms and any rights, obligations, and services provided under these Terms, in whole or in part, to any individual, organization, or entity without your consent or notification.

You may not assign, transfer, sublicense, or pledge in any manner whatsoever, your rights or obligations under these Terms to any individual, organization, or entity without the prior written consent of Mofilo. Any attempted transfer or assignment without such consent shall be null and void and of no effect.

Nothing in these Terms restricts our right to assign or transfer our rights or obligations to any person, entity, or organization without your consent or notification, including but not limited to, in the event of a merger, acquisition, corporate reorganization, bankruptcy, or sale of all or substantially all of our assets.

21. Dispute Resolution

21.1 Mandatory Pre-Arbitration Dispute Resolution

Before initiating any arbitration or legal action against Mofilo, you agree to first attempt to resolve the dispute informally by contacting us at support@mofilo.app with a detailed description of your concern or complaint. You and Mofilo shall use reasonable efforts to settle any dispute, controversy, or claim arising out of or relating to these Terms through good-faith negotiations.

If we are unable to resolve the dispute within 30 days from the date of your initial complaint, either party may proceed with arbitration as specified in these Terms.

21.2 Small Claims Court Option

Notwithstanding the arbitration provision in these Terms, either you or Mofilo may bring an individual action in small claims court in the county of your residence or principal place of business (if a business user) if the claims qualify for such court and are within its jurisdiction.

21.3 Waiver of Class Actions and Class Arbitrations

You and Mofilo expressly agree that all disputes, claims, or controversies arising out of or relating to these Terms or the Services shall be resolved on an individual basis. Any arbitration or legal action shall proceed solely on an individual basis; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are strictly prohibited.

By agreeing to these Terms, you and Mofilo waive the right to a trial by jury or to participate in a class action, class arbitration, or representative action. This waiver extends to any and all disputes that may arise against anyone connected with these Terms or the Services, including Mofilo's subsidiaries, affiliates, licensors, service providers, partners, officers, directors, employees, agents, and representatives.

21.4 Opt-Out Procedure

You may opt out of the arbitration and class action waiver provisions set forth above by sending written notice to Mofilo at support@mofilo.app within 30 days from the date that you first accepted these Terms. Your written notice must include your name, address, email address, and an unequivocal statement that you want to opt out of these arbitration and class action waiver provisions. If you opt out in accordance with this procedure, the remainder of these Terms will continue to apply to you.

21.5 Survival

This dispute resolution section shall survive termination of these Terms or any account you may have with Mofilo.

22. Contact Us

If you have any questions about these Terms, please contact us at:

support@mofilo.app