Terms of Service

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between you and Gifted Mind, LLC ("Gifted Mind," "we," "us," or "our") governing your use of the Othletic mobile application and related services (the "App" or "Service").

By creating an account, downloading, or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old (or the age of majority in your jurisdiction) to use Othletic.

2. What Othletic is — and is not

Othletic is a wellness and fitness application that uses signals from your connected wearable devices and the information you provide to recommend meals from nearby restaurants, and to connect you with third-party delivery services to order them.

Othletic is not a medical device and does not provide medical, nutritional, or health advice. It is not intended to diagnose, treat, cure, monitor, or prevent any disease or health condition. The recommendations are general wellness suggestions based on data and preferences; they are not a substitute for professional advice.

Always consult a qualified healthcare professional before making decisions about your diet, nutrition, exercise, medication, or health, especially if you have any medical condition, allergy, dietary restriction, or are pregnant or nursing. Do not disregard or delay seeking professional advice because of anything you read or receive in the App.

3. Allergies, dietary restrictions, and nutrition information — important

Othletic lets you enter allergies and dietary restrictions and attempts to filter recommendations accordingly. However:

• Nutrition and allergen information comes from third-party sources (such as restaurant-published data) and may be incomplete, inaccurate, or out of date.
• Where allergen information for an item cannot be confirmed, we apply conservative filtering, but we cannot guarantee that any recommended meal is free from any particular allergen or ingredient.
• Restaurants may change recipes, ingredients, preparation methods, and cross-contamination practices without notice.

You are solely responsible for verifying that any food you order is safe and appropriate for you, including confirming ingredients and allergens directly with the restaurant. If you have a serious allergy or medical dietary need, do not rely on the App alone. To the maximum extent permitted by law, we are not liable for any adverse reaction, illness, or harm resulting from food you order.

4. Your account

You are responsible for the accuracy of the information you provide and for maintaining the confidentiality of your account credentials. You are responsible for all activity that occurs under your account. Notify us promptly at hello@othletic.com of any unauthorized use.

The quality of your recommendations depends on the accuracy of the information you provide and the data from your connected devices. Inaccurate inputs may produce unsuitable recommendations.

5. Connected devices and third-party services

Othletic integrates with third-party services and devices, including wearable platforms (such as WHOOP and Apple Health), our subscription and payment processing providers (including the Apple App Store and Google Play), and third-party delivery providers.

• Your use of those third-party services is governed by their terms and privacy policies, not ours.
• We do not control and are not responsible for the availability, accuracy, pricing, content, or conduct of any third-party service, including restaurants and delivery providers.
• When you choose to order, we hand you off to a third-party delivery service to complete your order. The order, payment, delivery, pricing, and fulfillment are entirely between you and that third-party provider and the restaurant. We are not a party to that transaction and are not responsible for it.
• Third-party integrations may change or become unavailable, which may affect features of the App.

6. Subscriptions, free trial, and payment

Othletic is offered on a subscription basis, which may include a free trial.

• Billing. Subscriptions and any free trial are processed through the Apple App Store or Google Play, in accordance with the applicable app store's terms. We do not receive or store your payment-card details.
• Free trial. If a free trial is offered, unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription and your chosen payment method will be charged.
• Auto-renewal. Subscriptions automatically renew at the end of each billing period unless you cancel beforehand. You can manage or cancel your subscription through your app store account settings.
• Cancellation and refunds. You may cancel at any time, effective at the end of the current billing period. Refunds are handled by the applicable app store under its policies; we generally do not control or issue refunds directly.
• Price changes. We may change subscription prices. We will provide notice as required, and changes will not apply to the current paid period.

7. License and acceptable use

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for your own personal, non-commercial use, subject to these Terms.

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Copy, modify, reverse-engineer, decompile, or attempt to extract the source code of the App, except where permitted by law
• Scrape, harvest, or systematically extract data from the Service
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its systems
• Resell, sublicense, or commercially exploit the Service or its content
• Use the Service to build a competing product or service
• Upload malicious code or content that is unlawful, infringing, or harmful

We may suspend or terminate your access if you violate these Terms.

8. Intellectual property

The App, including its software, design, text, graphics, recommendation logic, and other content (excluding third-party content and your own data), is owned by Gifted Mind, LLC and protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service. "Othletic" and related marks are the property of Gifted Mind, LLC.

You retain ownership of the information and content you provide. By providing it, you grant us a limited license to use it as necessary to operate and improve the Service, as described in our Privacy Policy.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY RECOMMENDATION, NUTRITION DATA, ALLERGEN INFORMATION, RESTAURANT AVAILABILITY, OR PRICE SHOWN IN THE APP IS ACCURATE, COMPLETE, OR CURRENT.

YOU USE THE SERVICE, AND MAKE FOOD AND HEALTH DECISIONS, AT YOUR OWN RISK.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTED MIND, LLC AND ITS OWNERS, OFFICERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, ANY FOOD ORDERED THROUGH A THIRD-PARTY PROVIDER, OR ANY RELIANCE ON RECOMMENDATIONS OR INFORMATION IN THE APP.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) USD $50.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Gifted Mind, LLC and its owners, officers, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

12. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time if you violate these Terms or if we discontinue the Service. Provisions that by their nature should survive termination (including disclaimers, limitations of liability, and indemnification) will survive.

13. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Subject to applicable law, you agree that any dispute arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in Delaware, and you consent to their jurisdiction. Nothing in this section limits any non-waivable rights you have under the laws of your place of residence.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, notify you in the App or by email. Your continued use of the Service after an update means you accept the revised Terms.

15. Contact us

Questions about these Terms?

Gifted Mind, LLC
Email: hello@othletic.com