Terms of Service
Effective
Welcome to Boddy (“we”, “our”, “us”). These Terms of Service (“Terms”) govern your use of both the Boddy app and the website (together, the “Service”). Your agreement with us includes these Terms, our Privacy Policy, and our Disclaimer (together, the “Agreements”). By using the Service, you acknowledge that you have read and understood the Agreements and agree to be bound by them.
Read the Disclaimer before acting on anything in the app: Boddy is not a medical device and does not provide medical advice, diagnosis, or treatment.
If you do not agree with the Agreements, you may not use the Service, but please let us know by emailing support@boddy.app so we can try to find a solution.
1. Purchases and Subscriptions
The research content in Boddy is free, permanently, as are the workouts you log, your history, and exporting your own data. What is paid is seeing your own numbers measured against the behaviors, unlocked with an auto-renewing annual subscription or a one-time lifetime purchase.
All purchases are made through the App Store and are subject to Apple's terms; we never receive or handle your payment details.
- Free trial. The annual subscription may be offered with a free introductory period. Eligibility is determined by Apple and shown on the purchase sheet. Boddy will notify you in the app before a trial converts, but you are responsible for cancelling if you do not want to be charged.
- Renewal. A subscription renews automatically at the end of each period unless you turn off auto-renewal at least 24 hours before it ends. You can manage or cancel it at any time in your Apple Account settings; cancelling stops the next renewal but does not end the period you have already paid for.
- Refunds. Except where required by law, fees are non-refundable. Because Apple is the merchant of record, refund requests go to Apple directly through Apple's refund process.
2. Your Data
The data you enter in Boddy is yours, and our Privacy Policy explains where it lives. Because it lives on your device and in your own iCloud rather than with us, we cannot recover it for you, so keeping your own backups is on you.
3. Our Content
The Service and its original content, features, and functionality are and remain the exclusive property of Boddy and its licensors, protected by copyright, trademark, and other laws of Spain and other countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
The research Boddy summarizes belongs to its authors and publishers. Boddy's summaries, rationales, and evidence grades are our own work, and you may not redistribute or commercialize them without our prior written permission. Quoting a passage with attribution, or linking to us, is fine.
4. Acceptable Use
Beyond obeying the law, you agree not to impersonate Boddy or anyone else, to scrape or automatically copy the Service without our prior written consent, to reverse engineer the app except where the law expressly permits it, to interfere with or disrupt the Service, or to falsify Boddy's ratings and reviews.
5. No Use by Minors
The Service is intended only for individuals at least eighteen (18) years old. By using the Service, you represent that you are at least eighteen and have the capacity to enter into these Terms.
6. Feedback
You may send us feedback at support@boddy.app. You agree that you retain no interest in it, that we may already have similar ideas, that it contains nothing confidential belonging to you or a third party, and that we are free to use it in any manner and for any purpose. Where transferring ownership is not possible under applicable law, you grant us a transferable, irrevocable, royalty-free, sub-licensable, unlimited, and perpetual right to do so.
7. Disclaimer of Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF IT IS AT YOUR SOLE RISK. BODDY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL MEET YOUR NEEDS. THE SCIENTIFIC LITERATURE CHANGES, AND SO DOES OUR READING OF IT. WE MAY ALSO WITHDRAW OR AMEND THE SERVICE, OR ANY PART OF IT, AT OUR DISCRETION AND WITHOUT NOTICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING THE STATUTORY RIGHTS OF CONSUMERS.
8. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, BODDY WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, AND WILL NOT BE LIABLE FOR CONTENT OR SERVICES REACHED THROUGH THIRD PARTY LINKS WE DO NOT CONTROL. EXCEPT AS PROHIBITED BY LAW, IF LIABILITY IS FOUND ON OUR PART, IT WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
9. Apple
These Terms are between you and Boddy only, not with Apple, and Boddy alone is responsible for the app and its content. You acknowledge and agree that:
- The license granted to you for the app is a non-transferable license to use it on any Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide any maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility.
- Boddy, not Apple, is responsible for addressing any claim relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement (including in connection with the app's use of the HealthKit framework), and claims arising under consumer protection or similar legislation.
- Boddy, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the app or your use of it infringes that party's intellectual property rights.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms of agreement when using the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of them Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
- Any questions, complaints, or claims regarding the app can be directed to Boddy at Apartado de Correos 196, 24080 León, Spain, +34 623 816 737, or support@boddy.app.
- Apple's contact information for any questions, complaints, or claims with respect to the app is available at apple.com/support.
10. Changes to These Terms
We may update these Terms from time to time. We will post the new version here and update the effective date at the top. Continuing to use the Service after a change means you accept the revised Terms. If you do not agree to them, stop using the Service.
11. Governing Law
These Terms are governed by the laws of Spain, without regard to conflict of law rules. If you are a consumer, this does not deprive you of the protection of the mandatory rules of the law of the country where you live, and you may bring proceedings in your local courts where the law gives you that right.
12. Waiver and Severability
No failure by us to assert a right or provision under these Terms is a waiver of it. If any provision is held invalid, illegal, or unenforceable, it will be eliminated or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.