Terms of Service

1. Acceptance of Terms

By accessing or using the FlexScan application (“App”), website at flexscan.app (“Website”), or any related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and FlexScan (“FlexScan,” “we,” “us,” or “our”), a sole proprietorship operating from New York, United States.

By creating an account, subscribing to a plan, uploading any content, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Eligibility

You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We do not knowingly collect or solicit personal information from anyone under the age of 18. If we learn that we have collected personal information from a person under 18, we will delete that information promptly.

3. Account Registration & Responsibilities

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You are solely responsible for any activity on your account, whether or not you authorized that activity. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials.

We reserve the right to suspend or terminate your account at our discretion if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or if required by law.

4. Subscription & Billing

FlexScan offers the following subscription plans:

All prices are in United States Dollars (USD) and are exclusive of applicable taxes. Taxes may be applied based on your jurisdiction and will be calculated at checkout. Payment is processed securely through Stripe, our third-party payment processor.

By subscribing, you authorize FlexScan to charge the payment method on file for the subscription fee at the beginning of each billing cycle. If payment fails, we may retry the charge and/or suspend your access until payment is received.

5. Auto-Renewal & Cancellation

Auto-Renewal: All subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription rate at the time of renewal.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting us at support@flexscan.app. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• You will not be charged for subsequent billing periods
• You retain access to paid features until the end of your current billing period
• No partial refunds are issued for the remaining time in a billing period (except as described in our Refund Policy)

We will send a reminder email at least seven (7) days before each renewal for annual subscriptions.

6. Refund Policy

All refund requests are subject to review and approval at our reasonable discretion. Refunds will be processed to the original payment method within 5–10 business days.

7. User Content

“User Content” means any content you upload, submit, or transmit through the Service, including but not limited to body photographs, food photographs, profile information, and any other data you provide.

Ownership: You retain all ownership rights to your User Content. FlexScan does not claim ownership of any content you upload.

License Grant: By uploading User Content, you grant FlexScan a limited, non-exclusive, non-transferable, revocable license to use, process, analyze, and store your User Content solely for the purpose of providing, maintaining, and improving the Service. This license includes the right to transmit your photos to our AI processing partners (currently OpenAI) for the sole purpose of generating fitness and nutrition analysis.

Representations: You represent and warrant that:

• You own or have the necessary rights to upload the User Content
• Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person
• Your User Content does not contain illegal, harmful, or objectionable material
• Photos uploaded are of yourself and you consent to their analysis by AI systems

For full details on how we handle your photos and data, please review our Photo & Data Handling Policy.

8. Prohibited Uses

You agree not to use the Service to:

• Upload photos of anyone other than yourself without their explicit written consent
• Upload nude, sexually explicit, or otherwise inappropriate content
• Harass, bully, or intimidate any other person
• Attempt to reverse-engineer, decompile, or disassemble the Service or its AI models
• Use the Service to develop competing products or services
• Circumvent, disable, or interfere with any security features of the Service
• Use automated systems (bots, scrapers, crawlers) to access the Service
• Resell, redistribute, or commercially exploit the Service without authorization
• Use the Service for any illegal or unauthorized purpose
• Impersonate any person or entity, or falsely represent your affiliation
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service’s systems or networks

Violation of these prohibited uses may result in immediate termination of your account and, where applicable, referral to law enforcement authorities.

9. Intellectual Property

The Service, including its original content (excluding User Content), features, functionality, design, graphics, logos, and trademarks, is and will remain the exclusive property of FlexScan and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws.

The AI-generated workout plans, nutrition recommendations, body analysis results, and calorie estimates provided through the Service are generated specifically for you and are licensed for your personal, non-commercial use only. You may not reproduce, distribute, or commercially exploit these outputs without our prior written consent.

“FlexScan,” the FlexScan logo, and related marks are trademarks of FlexScan. You may not use these marks without our prior written permission.

10. Disclaimers

Without limiting the foregoing:

• FlexScan does not provide medical advice. The Service is not a substitute for professional medical consultation, diagnosis, or treatment.
• AI-generated body composition estimates (body fat percentage, muscle mass, etc.) are approximations only and should not be treated as clinical measurements.
• Calorie estimates from food photo scanning are approximate and may not be accurate for all foods, portions, or preparations.
• Workout and nutrition plans are general guidance and are not prescribed exercise or diet programs.
• We do not guarantee that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components.

Please review our full Medical & Fitness Disclaimer for additional important information.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLEXSCAN, ITS OWNER, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Service
• Any injury, illness, or health condition resulting from following workout plans, nutrition recommendations, or other guidance provided by the Service
• Inaccuracies in AI-generated body composition analysis, calorie estimates, or other fitness metrics
• Unauthorized access to or alteration of your data or transmissions
• Any third-party conduct on the Service
• Any other matter related to the Service

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FLEXSCAN IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless FlexScan, its owner, affiliates, licensors, and service providers 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 use of the Service
• Your User Content
• Your violation of any rights of another person or entity
• Any injury or harm resulting from your reliance on information provided by the Service

13. Dispute Resolution & Binding Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@flexscan.app and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved without formal proceedings.

13.2 Binding Arbitration

If we cannot resolve a dispute informally, you and FlexScan agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the validity, enforceability, or scope of this arbitration agreement) shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.

The arbitration shall take place in New York County, New York, or, at your election, may be conducted remotely via videoconference or telephone. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND FLEXSCAN AGREE THAT EACH PARTY 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims in small claims court are also exempt from this arbitration agreement, provided the claim remains in small claims court.

13.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@flexscan.app within thirty (30) days of first accepting these Terms. Your notice must include your name, account email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other provisions of these Terms will continue to apply.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict-of-law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and FlexScan agree to submit to the exclusive personal jurisdiction of the state and federal courts located in New York County, New York.

15. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination:

• Your right to use the Service will cease immediately
• Your subscription will be canceled and no further charges will apply
• We may delete your account data, including User Content, in accordance with our Data Policy
• Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution

You may request account deletion at any time by contacting support@flexscan.app or through your account settings.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide notice through the Service or by sending an email to the address associated with your account at least thirty (30) days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription before the changes take effect.

17. Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

These Terms, together with the Privacy Policy, Data Policy, and Disclaimer, constitute the entire agreement between you and FlexScan regarding the Service and supersede all prior agreements, representations, and understandings.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18. Contact Information

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