Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of Apex Health ("Apex Health," "we," "us," or "our"), including our website, progressive web app, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Some users access the Service through partner-branded experiences (for example, Alpha Pro Nutrition). Those experiences are powered by Apex Health and remain subject to these Terms.

2. The Service

Apex Health provides AI-assisted nutrition planning, macro tracking, and meal logging tools. Features may include photo, voice, text, and barcode logging; personalized macro targets; meal plans; and subscription tiers with different capabilities.

Not medical advice. The Service is for general wellness and informational purposes only. It is not a substitute for professional medical, dietary, or nutritional advice. Consult a qualified healthcare provider before changing your diet, especially if you have a medical condition, eating disorder history, or are pregnant or nursing.

AI-generated estimates (including calories and macros) are approximations and may be inaccurate. You are responsible for verifying information important to your health.

3. Eligibility and accounts

You must be at least 18 years old (or the age of majority where you live) to use the Service. You agree to provide accurate account information and keep your credentials secure. You are responsible for activity under your account.

4. Subscriptions and billing

Paid plans (such as Pro and Elite) are billed through Stripe. Current pricing is shown at checkout and on our pricing page. Subscriptions may be offered on a monthly or annual basis. Annual plans are billed once per year at the displayed yearly rate.

New subscriptions may include a 3-day free trial. Unless you cancel before the trial ends, your payment method will be charged at the end of the trial for the plan and billing interval you selected. Subscriptions renew automatically until canceled.

You may cancel anytime through your account settings or Stripe customer portal where available. Cancellation stops future charges; access typically continues until the end of the current billing period. We do not guarantee refunds except where required by law.

5. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Attempt to bypass paywalls, access controls, or usage limits
• Reverse engineer, scrape, or overload the Service
• Upload malicious code or content you do not have rights to use
• Share account credentials or resell access to the Service

6. Your content

You retain ownership of content you submit (such as meal photos, voice transcripts, and log entries). You grant us a license to host, process, and display that content solely to operate and improve the Service, including sending it to our AI and infrastructure providers as described in our Privacy Policy.

7. Intellectual property

Apex Health and its licensors own the Service, including software, design, branding, and documentation. These Terms do not grant you any rights to our trademarks or proprietary materials except as needed to use the Service as intended.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX HEALTH AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (USD $100), WHICHEVER IS GREATER.

10. Termination

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

11. Changes

We may update these Terms from time to time. We will post the revised Terms on this page and update the "Last updated" date. Material changes may also be communicated by email or in-app notice. Continued use after changes take effect constitutes acceptance.

12. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Courts in Ontario shall have exclusive jurisdiction, except where prohibited by applicable consumer protection laws.

13. Contact

Questions about these Terms: support@apexhealth.fit