BestYou Terms of Service

Account Creation

When you create a BestYou account, you agree to:

• Provide accurate and complete information during registration;
• Create only one account for your personal use;
• Not share your account with others;
• Maintain the security of your account credentials;
• Accept responsibility for all activities under your account.

Account Security

You must immediately notify us of any actual or suspected unauthorized use of your account. We may suspend or terminate your account if we suspect unauthorized use or violation of these Terms.

You can delete your account at any time through account settings. Account deletion usually cannot be recovered.

Not Medical Advice

• Our recommendations are not medical advice, diagnosis, or treatment;
• Always consult healthcare professionals before making health decisions;
• Do not disregard professional medical advice based on our Services;
• Seek immediate medical attention for any medical emergencies;
• Our AI recommendations are based on general health principles, not individual medical assessment.

Health Conditions and Medical Treatment

• If you have medical conditions, consult your doctor before using our Services;
• If you're taking prescription medications or following therapeutic diets, consult your physician;
• Inform your healthcare provider about your use of health apps and wearables;
• Our Services may not be suitable for individuals with certain health conditions;
• We are not responsible for any health consequences from using our Services.

Food Allergies and Safety

• While we try to avoid recommending foods you're allergic to, we may not have complete ingredient information;
• Always check product labels and ingredient lists independently;
• We make no representations regarding food safety, allergens, or contraindications to medications;
• Consult healthcare professionals regarding any dietary restrictions or food allergies.

Data Accuracy and AI Limitations

• Health data from devices and user input may not be 100% accurate;
• AI recommendations may contain errors or misleading information;
• Our AI technology can perpetuate biases present in training data;
• We are not responsible for errors in third-party device data;
• Use health data as general guidance, not absolute measurements;
• Verify important health metrics with professional medical equipment.

Exercise and Wellness Risks

Exercise and wellness activities carry inherent risks of bodily injury, death, or property damage. By using our Services, you voluntarily assume all known and unknown risks associated with these activities.

Emergency Use

AI-Powered Services

BestYou uses artificial intelligence, including third-party AI models from providers such as Google (Gemini) and OpenAI, to generate your health insights, daily briefings, and coaching recommendations. When processing your data through these AI services:

• We send only aggregated, de-identified health summaries — never raw HealthKit records or personal identifiers.
• All AI providers operate under data-processing agreements that prohibit using your data for training their models.
• AI-generated insights are informational and do not constitute medical advice.

External AI Integrations (ChatGPT, OpenClaw, and MCP-Compatible Services)

BestYou offers optional integrations that allow you to connect your account to third-party AI services such as ChatGPT and OpenClaw via the Model Context Protocol (MCP). By creating an API key or linking your account to a third-party AI service, you:

• Authorize BestYou to share your processed health insights (daily briefings, readiness scores, action plans, weekly summaries, and nutrition analysis) with that service.
• Acknowledge that BestYou shares processed insights only — not raw HealthKit data, sensor readings, or personal health records.
• Understand that once your data is received by a third-party AI service, that service's own terms of service and privacy policy govern how your data is used, stored, and processed. BestYou has no control over and assumes no responsibility for third-party data practices.
• Understand that third-party AI services may reprocess your health insights to generate their own responses, and such responses are not reviewed, endorsed, or warranted by BestYou.
• Accept that all health disclaimers in these Terms apply equally to insights accessed through third-party integrations.

You may revoke access at any time by revoking your API key or unlinking your account in the BestYou app (More > Connected Apps). Revocation takes effect immediately for new requests; data already transmitted to a third-party service is subject to that service's retention policies.

API Key Responsibilities

If you create an MCP API key, you are responsible for:

• Keeping the key confidential and not sharing it with others.
• Revoking the key immediately if you suspect unauthorized access.
• All activity conducted using your key, whether authorized by you or not.

BestYou may revoke API keys at any time if we detect misuse, abuse, or a security threat.

API Availability

MCP integrations are provided as part of your BestYou subscription. We do not guarantee uptime, response times, or continuous availability. We may modify, rate-limit, or discontinue MCP tools at any time. Your subscription is billed through Apple; MCP access requires an active subscription and is suspended immediately if your subscription lapses.

App Store Billing

Purchases made through the Apple App Store are billed by Apple. Refunds are governed by Apple's policies; submit requests via reportaproblem.apple.com. BestYou cannot issue refunds for App Store transactions.

Auto-Renewal

Subscriptions renew automatically unless canceled at least 24 hours before the current period ends. Your account is charged for renewal within 24 hours prior to the end of the current period. You can manage or cancel at Settings → [your name] → Subscriptions.

Free Trials

Free trials convert to paid unless canceled before trial end.

Manage/Cancel

You can manage or cancel your subscription in Settings → [your name] → Subscriptions.

Restore Purchases

You can restore an active subscription after reinstalling or on a new device via: App → More → Settings → Restore Purchases.

Permitted Uses

You may use our Services for personal, non-commercial purposes to:

• Track your health and fitness progress;
• Receive personalized recommendations and insights;
• Connect with other users in our community features;
• Access educational health content;
• Integrate with compatible health devices and apps.

Prohibited Uses

You agree not to:

• Use the Services for any illegal, harmful, or unauthorized purpose;
• Violate any applicable laws, regulations, or third-party rights;
• Post or transmit harmful, offensive, defamatory, or inappropriate content;
• Attempt to gain unauthorized access to our systems or other users' accounts;
• Reverse engineer, decompile, or disassemble our software;
• Share false, misleading, or harmful health information;
• Harass, abuse, threaten, or harm other users;
• Spam or send unsolicited communications to other users;
• Use our Services to provide medical advice or treatment;
• Create multiple accounts or share accounts with others.

No Commercial Use or Data Scraping

• No scraping, commercial data extraction, or unauthorized automated access. Authorized access through BestYou's MCP API using a valid API key or linked account is permitted for personal, non-commercial use in accordance with these Terms.
• No use of robots, spiders, or other automated tools (except as authorized through BestYou's MCP API);
• No bypassing of security measures, CAPTCHA, or access restrictions;
• No harvesting or collecting personal information about other users;
• No commercial exploitation of content or services;
• No use for competitive analysis or research and development;
• No selling, licensing, or distributing our content or data;
• Contact us for authorized commercial use arrangements.

System Integrity

• Do not interfere with or damage the proper operation of the Services;
• Do not prevent access to or use of the Services by other users;
• Do not impose unreasonable or disproportionately large loads on our infrastructure;
• Do not transmit viruses, malware, or other harmful code;
• Do not attempt to exploit vulnerabilities in our systems.

BestYou's Rights

All content, features, and functionality of the Services, including but not limited to:

• Software, algorithms, and artificial intelligence models;
• Text, graphics, images, logos, and design elements;
• Health insights, recommendations, and educational content;
• User interfaces, workflows, and user experience designs;
• Data compilations and analysis methodologies;

Are the exclusive property of BestYou and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for personal, non-commercial purposes;
• Download and use our mobile applications on devices you own or control;
• Access content for your personal health and wellness purposes;
• Share limited content through our sharing features with proper attribution.

App Store Terms; Apple as Third-Party Beneficiary

If you obtained the App from Apple's App Store, you acknowledge these Terms are between you and BestYou, not Apple. Your license is a non-transferable license to use the App on any Apple-branded device you own or control, as permitted by the Apple Media Services Terms and Apple's Licensed Application End User License Agreement ("Apple Standard EULA"), which are incorporated by reference. To the extent these Terms conflict with the Apple Standard EULA, the Apple Standard EULA controls solely for your use of the App on iOS. Apple is a third-party beneficiary of these Terms with the right to enforce them against you.

• Maintenance & Support: BestYou, not Apple, is responsible for App support.
• Warranty & Product Claims: To the maximum extent permitted by law, Apple has no warranty obligations with respect to the App; BestYou is responsible for addressing any claims relating to the App or your possession/use of it.
• Intellectual Property Claims: Apple has no responsibility for addressing any claims that the App or your possession and use of the App infringe a third party's intellectual property rights; BestYou is responsible for handling such claims.

User-Generated Content

When you submit content to our Services (posts, comments, health data, photos), you grant BestYou:

• A worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content;
• Rights to anonymize and incorporate your content into AI training and improvement;
• Permission to create derivative works for service improvement;
• Rights to sublicense content to third-party service providers for the delivery of the Service;
• Authority to remove content that violates these Terms or applicable law.

You retain ownership of your original content and may delete it at any time, though cached or backup copies may persist.

User-Generated Content; Reporting & Enforcement

We provide tools to report objectionable content or abuse (in-app "Report" option or support@bestyou.ai). We may remove content, limit features, or suspend/terminate accounts that violate these Terms. You can also block other users and control who can interact with you via in-app settings. We review and act on reports in a commercially reasonable timeframe.

Trademark Policy

BestYou™ is a trademark of PNP Corp. BestYou, our logo, and other marks are trademarks of PNP Corp. You may not use our trademarks without prior written permission.

Device and App Integrations

BestYou integrates with various health devices and applications, including:

• Fitness trackers and smartwatches (Apple Health, Whoop, Oura, etc.);
• Smart scales and body composition analyzers;
• Sleep tracking devices and applications;
• Nutrition tracking and food database services;
• Heart rate monitors and other health sensors.

Third-Party Terms and Privacy

• You must comply with all applicable third-party terms and conditions;
• Data sharing with third parties is governed by their privacy policies;
• We do not control or endorse third-party services;
• Third-party availability and functionality may change without notice;
• Integration interruptions may affect our Services;
• You are responsible for maintaining third-party account access and permissions.

Data Accuracy and Reliability

• We cannot guarantee accuracy of data from third-party devices;
• Different devices may provide varying measurements;
• Sync delays or failures may occur with third-party services;
• We are not liable for third-party data errors or service interruptions;
• Report integration issues to both BestYou and the third-party provider.

AI and Machine Learning Services

Our Services utilize third-party AI and machine learning platforms to enhance recommendations:

• AI processing may occur on external cloud platforms;
• Anonymized data may be used for AI model improvement;
• AI recommendations are subject to technological limitations;
• We implement safeguards but cannot guarantee AI accuracy;
• Third-party AI providers have their own data handling practices.

HealthKit Use Restrictions

HealthKit data accessed by the App is used only to provide and improve health, fitness, and wellness features and is not used for advertising, marketing, or data brokerage. We do not share HealthKit data with third parties except service providers acting on our behalf to deliver these features under confidentiality and data-processing agreements.

You can revoke Health permissions at any time in:

• Health app → Profile → Apps → BestYou
• Settings → Health → Data Access & Devices → BestYou

Copyright Infringement Policy

BestYou respects intellectual property rights and expects users to do the same. We will respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

DMCA Notice Requirements

To file a DMCA takedown notice, you must provide:

• Physical or electronic signature of the copyright owner or authorized agent;
• Identification of the copyrighted work claimed to be infringed;
• Identification of the allegedly infringing material and its location on our Services;
• Your contact information (address, phone number, email);
• A statement of good faith belief that use is not authorized;
• A statement under penalty of perjury regarding accuracy and authorization.

DMCA Counter-Notification

If your content was removed due to a DMCA notice and you believe it was removed by mistake, you may file a counter-notification containing:

• Your physical or electronic signature;
• Identification of the removed material and its former location;
• A statement under penalty of perjury of good faith belief the material was removed by mistake;
• Your consent to jurisdiction of federal court and acceptance of service of process.

Designated Copyright Agent

Repeat Infringer Policy

We will terminate accounts of users who are determined to be repeat copyright infringers in appropriate circumstances.

Data Security

• We implement industry-standard security measures to protect your data;
• No method of transmission or storage is 100% secure;
• You are responsible for maintaining the confidentiality of your account credentials;
• Report any suspected security breaches immediately.

International Data Transfers

Your information may be transferred to and processed in countries other than your country of residence. These countries may have different data protection laws than your country.

Service Availability

• We strive to provide continuous service but cannot guarantee 100% uptime;
• Services may be temporarily unavailable due to maintenance, updates, or technical issues;
• We are not liable for service interruptions or data loss;
• Critical maintenance will be announced when possible;
• Emergency maintenance may occur without prior notice.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time:

• Features may be added, modified, or removed;
• Premium features may become free or vice versa;
• Third-party integrations may be discontinued;
• We will provide reasonable notice for significant changes when possible;
• Continued use after modifications constitutes acceptance.

Service Termination

• We may terminate or suspend Services with or without cause;
• Users will receive reasonable notice when possible;
• Upon termination, your rights to use Services immediately cease;
• We may delete account data after termination;
• Some provisions of these Terms survive termination.

Disclaimer of Warranties

We disclaim all warranties, whether express, implied, or statutory, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties regarding accuracy, reliability, or completeness of content;
• Warranties that Services will be uninterrupted, secure, or error-free;
• Warranties regarding third-party services or integrations;
• Any warranties arising from course of dealing or usage of trade.

Assumption of Risk

You acknowledge that use of the Services is at your own risk and that you assume full responsibility for any consequences arising from such use.

Limitation of Damages

In no event shall BestYou's total liability exceed the greater of:

• $100 USD; or
• The total amount paid by you to BestYou in the 12 months preceding the claim.

Excluded Damages

We shall not be liable for damages including but not limited to:

• Loss of profits, revenue, or business opportunities;
• Loss of data or information;
• Health consequences or medical costs;
• Emotional distress or personal injury;
• Third-party claims or actions;
• Cost of substitute goods or services.

Essential Purpose

The limitations in this section apply even if any limited remedy fails of its essential purpose and regardless of the legal theory of liability.

Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless BestYou, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from:

• Your use or misuse of the Services;
• Your violation of these Terms or any applicable law;
• Your violation of any third-party rights, including intellectual property rights;
• Any content you submit, post, or transmit through the Services;
• Your negligent or wrongful conduct;
• Any false or misleading information you provide;
• Your failure to comply with any applicable professional or industry standards.

Defense and Settlement

• BestYou reserves the right to assume the exclusive defense and control of any matter;
• You agree to cooperate with our defense of any claim;
• You may not settle any claim without our prior written consent;
• This obligation survives termination of your account or these Terms.

Global Availability

BestYou Services are available globally, but specific features may vary by region due to:

• Local laws and regulations;
• Third-party service availability;
• Payment method limitations;
• Language and localization requirements;
• Healthcare regulation compliance.

Compliance with Local Laws

• You are responsible for compliance with applicable local laws;
• Some features may not be available in certain jurisdictions;
• You represent that your use is lawful in your jurisdiction;
• We may restrict access in certain regions to comply with local laws;
• Export control laws may apply to our technology.

Currency and Taxation

• Subscription fees are listed in USD unless otherwise specified;
• Your payment provider may charge currency conversion fees;
• You are responsible for applicable taxes and duties;
• Local tax requirements may affect pricing;
• Refund policies may vary by jurisdiction.

Data Protection Rights

Users in certain jurisdictions may have additional rights regarding their personal data under laws such as GDPR, CCPA, or other data protection regulations. These rights are described in our Privacy Policy.

Governing Law

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Binding Arbitration Agreement

You and BestYou agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be settled by binding arbitration rather than in court, except as set forth below.

• Arbitration Rules: Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules;
• Location: Arbitration will take place in Delaware or your home state at your option;
• Costs: BestYou will pay arbitration fees for claims under $10,000;
• Individual Basis: Arbitration will be on an individual basis only;
• Confidentiality: Arbitration proceedings are confidential.

Class Action Waiver

• No class actions, class arbitrations, or representative actions are permitted;
• You cannot participate in any collective or consolidated arbitration;
• Claims cannot be joined or consolidated unless agreed by all parties;
• This waiver is essential to the arbitration agreement.

Exceptions to Arbitration

The following disputes are excluded from arbitration and may be brought in court:

• Disputes regarding intellectual property rights;
• Claims for injunctive or equitable relief;
• Small claims court actions within jurisdictional limits;
• Disputes arising under the DMCA;
• Claims related to the validity or enforceability of the arbitration agreement.

30-Day Right to Opt Out

You may opt out of this arbitration agreement by sending written notice within 30 days of first using the Services:

Jurisdiction and Venue

For disputes not subject to arbitration, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

Limitation Period

Any claim must be filed within one (1) year after the claim arose or be forever barred.

Regional Consumer Law Note (EU/UK)

Nothing in the arbitration agreement or class action waiver limits non-waivable consumer rights where prohibited by law.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BestYou regarding the Services and supersede any prior agreements.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice.

Survival

The following sections survive termination of these Terms:

• Intellectual Property Rights
• Health and Wellness Disclaimers
• Disclaimers of Warranties
• Limitation of Liability
• Indemnification
• Dispute Resolution and Governing Law
• General Provisions

Force Majeure

BestYou shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control.

Export Control

You agree to comply with all applicable export control and sanctions laws.

Updates to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms with a new effective date;
• Sending email notification to your registered email address;
• Displaying a prominent notice in the app or website;
• Requiring acceptance of new Terms upon login.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.