1. Agreement
These Terms of Service ("Terms") are an agreement between you and Gifted Mind, LLC ("Gifted Mind," "we," "us," or "our") for your use of the Othletic app and related services (the "App" or "Service"). You accept them when you create an account or sign in. If you do not agree, do not use the Service. Our Privacy Policy explains how we handle your information.
You must be at least 18, or the age of majority where you live, to use Othletic.
2. What Othletic is, and what it is not
Othletic is a wellness app. It uses signals from the wearable or health app you connect, and the information you give us, to suggest meals from nearby restaurants and recipes you can cook, and it links you to third-party delivery services to order.
Othletic provides nutrition guidance based on biometric data and is not medical advice. Consult a healthcare professional for any medical condition. Othletic is not a registered dietitian, nutritionist, doctor, or other healthcare provider, and using it does not create any professional relationship. It is not a medical device and is not intended to diagnose, treat, cure, monitor, or prevent any disease.
Talk to a healthcare professional before changing your diet if you are pregnant or nursing, have a medical condition, take medication, or have or have had an eating disorder. If food or weight ever feels hard to control, stop using the plan and talk to a doctor. Scores, targets, and projections in the App are estimates, and results differ from person to person.
3. Food, allergens, and nutrition information
Othletic does not collect allergy information and does not screen recommendations for allergens. Dietary filters such as vegetarian, vegan, halal, or kosher are based on the information restaurants publish and on our recipes' ingredients. They are a convenience, not a guarantee, and nothing in the App is certified halal or kosher.
Nutrition information comes from restaurants' published data or is calculated from it, and restaurants can change recipes, portions, and preparation at any time. Prices, opening hours, and availability come from third parties and may be out of date. Meal estimates you get from text or photos are made by an AI service and can be wrong.
You are responsible for checking that food is safe and suitable for you, including asking the restaurant about ingredients and allergens. If you have a serious allergy or a medical dietary need, do not rely on the App.
4. Your account
Keep your information accurate and your sign-in details private. You are responsible for activity on your account. Tell us at hello@othletic.com if you think someone else is using it. Recommendations are only as good as the information you and your devices provide.
5. Restaurants, brands, and other services
Othletic is not affiliated with, endorsed by, or sponsored by any restaurant, restaurant brand, delivery service (including DoorDash), or device maker (including WHOOP, Oura, Google, Fitbit, and Apple). Their names and logos are trademarks of their owners and are used only to identify their products.
Recipes in the App are Othletic's own recipes inspired by dishes at restaurant chains. They are not the chains' recipes and are not provided or approved by them. Dish photos may be illustrations rather than photos of a restaurant's food.
When you order, you leave Othletic for a third-party service. The order, payment, delivery, price, and anything that goes wrong with them are between you, that service, and the restaurant, under their terms. We are not a party to that transaction. We do not control third-party services and are not responsible for their availability, content, or conduct, and an integration may change or stop working.
6. Subscriptions and free trial
Othletic is a paid subscription. The price and billing period are shown on the purchase screen before you subscribe, and payment is handled by Apple through your Apple ID.
- Free trial: if you start a 7-day free trial, you are not charged during the trial. Unless you cancel at least 24 hours before it ends, it converts to a paid subscription and you are charged the price shown.
- Renewal: your subscription renews automatically at the end of each period, at the then current price, until you cancel. You can cancel at least 24 hours before renewal in your iPhone Settings, under your Apple ID, Subscriptions; access continues to the end of the period you paid for.
- Deleting your account does not cancel your subscription.
- Refunds are handled by Apple under its policies.
- If we change the price, we will tell you in advance, and Apple will ask for your agreement where its rules require. A change never applies to a period you already paid for.
7. License and acceptable use
We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial use, under these Terms.
You agree not to: break the law or these Terms; copy, modify, reverse-engineer, or decompile the App except where the law allows; scrape or systematically extract data from the Service; interfere with, overload, or try to gain unauthorized access to the Service; resell or commercially exploit it; use it to build a competing product; or upload malicious code or unlawful content. We may suspend or end your access if you do.
8. Intellectual property and feedback
The App, including its software, design, text, recipes, graphics, and recommendation logic, belongs to Gifted Mind or its licensors. "Othletic" and its logo are our marks. You keep ownership of the information you provide and give us a license to use it to run and improve the Service as the Privacy Policy describes. If you send us ideas or feedback, we may use them without owing you anything.
9. Disclaimers
TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY RECOMMENDATION, SCORE, NUTRITION FIGURE, PRICE, OR AVAILABILITY SHOWN IS ACCURATE OR CURRENT. YOU MAKE YOUR OWN FOOD AND HEALTH DECISIONS.
10. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, GIFTED MIND AND ITS OWNERS, OFFICERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM THE SERVICE, FOOD ORDERED FROM A THIRD PARTY, OR RELIANCE ON ANYTHING IN THE APP. OUR TOTAL LIABILITY FOR ALL CLAIMS ABOUT THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AND USD $50.
Nothing in these Terms limits liability that cannot be limited by law, such as for death or personal injury caused by negligence, or for fraud, and nothing removes rights you have under consumer protection laws that cannot be waived.
11. Indemnity
To the extent the law allows, you will cover Gifted Mind's reasonable losses and costs, including legal fees, from a claim by someone else arising from your misuse of the Service or your breach of these Terms.
12. Ending the agreement
You can stop using the Service and delete your account at any time. We may suspend or end your access if you break these Terms, or stop offering the Service with reasonable notice. Sections that by their nature should last, including 3, 5, and 8 to 16, survive.
13. Disputes
Before filing a claim, please email hello@othletic.com with a description of the problem, and give us 60 days to try to resolve it. Either of us may bring an individual claim in small claims court if it qualifies.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and disputes will be resolved in the state or federal courts in Delaware. If you are a consumer living outside the United States, you also keep the protection of the mandatory laws of your country and may bring a claim in your local courts where those laws allow.
14. Apple App Store terms
If you downloaded Othletic from the Apple App Store:
- These Terms are between you and Gifted Mind only, not Apple. Gifted Mind, not Apple, is responsible for the App and its content.
- Your license is limited to using the App on Apple-branded products you own or control, as allowed by the Usage Rules in Apple's Media Services Terms and Conditions.
- Apple has no obligation to provide 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 for the App, if any. To the maximum extent the law allows, Apple has no other warranty obligation for the App, and any other claims, losses, liabilities, damages, costs, or expenses from a failure to conform to a warranty are Gifted Mind's responsibility.
- Gifted Mind, not Apple, is responsible for any claims about the App or your use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and consumer protection, privacy, or similar claims.
- If anyone claims the App or your use of it infringes their intellectual property, Gifted Mind, not Apple, is responsible for investigating, defending, settling, and discharging the claim.
- You confirm 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 on any U.S. Government list of prohibited or restricted parties.
- You must comply with any third-party terms that apply when you use the App, such as your wireless data service agreement.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.
- Questions, complaints, or claims about the App go to Gifted Mind at hello@othletic.com.
15. General
These Terms and the Privacy Policy are the whole agreement between you and us about the Service. If a part is found unenforceable, the rest stays in effect. Our not enforcing a part is not a waiver. You may not transfer these Terms; we may transfer them to a successor. We are not responsible for delays or failures caused by events beyond our reasonable control.
16. Changes to these Terms
We may update these Terms. For a material change we will update the date above and tell you in the App before it takes effect. If you keep using the Service after the change takes effect, the updated Terms apply. If you do not agree, stop using the Service and cancel your subscription.
17. Contact
Gifted Mind, LLC
131 Continental Dr, Suite 305
Newark, DE 19713, United States
Email: hello@othletic.com