Terms of use

These terms are the agreement between you and Sam Solomon (“Fit Shapes”, “we”, “us”) covering the Fit Shapes iPhone app and this website. By using either, you agree to them. If you do not agree, do not use them.

These terms are also the end user license agreement for the app, and they take the place of Apple’s standard license agreement.

Our privacy policy explains what we do with your information and forms part of this agreement.

Fit Shapes is not medical advice

Read this section even if you read nothing else.

Fit Shapes is a food, body weight, and exercise log. It is not a medical device, and nothing in it is medical, clinical, or nutritional advice. It does not diagnose, treat, cure, or prevent any condition.

Calorie and macro targets are calculated from standard published formulas and from what you tell us. They are estimates, not prescriptions, and they cannot account for your medical history, your medications, or anything a clinician would know about you.

Talk to a qualified healthcare professional before you change what you eat or how you train, particularly if you are pregnant or breastfeeding, have a medical condition, take medication that interacts with diet, or have a history of disordered eating. If you are struggling with an eating disorder, please seek professional support — this app is not the right tool and is not a substitute for care.

You are responsible for the decisions you make about your own body.

Nutrition numbers are estimates

The app produces numbers, and it is important that you understand where they come from.

• Photo and description analysis is an estimate. It infers foods and portions from an image or from what you write. It will sometimes be wrong, sometimes materially. Check anything that matters and correct it — the app is built to make correction easy.
• Food database entries come from third parties. Search results and barcode lookups draw on public sources including USDA FoodData Central and Open Food Facts, and on data printed on packaging. We do not author that data and cannot warrant its accuracy or completeness.
• Apple Health values are whatever the source device recorded.
• Missing data is shown as missing, not as zero. A day you did not finish logging is an incomplete day, and the app will not pretend otherwise.

Do not rely on these numbers where accuracy is medically important — for example, carbohydrate counting for insulin dosing, or managing a serious allergy. If you have a food allergy or intolerance, always check the actual packaging.

Who may use Fit Shapes

You must be at least 18 years old to use Fit Shapes.

You must also be legally able to enter into this agreement, and not barred from using the service under the laws that apply to you.

Your account

You need an account to sync and back up your log. You can create one with Sign in with Apple, or with an email address and a password.

You are responsible for keeping access to your account secure, and for what happens under it. Tell us promptly if you believe someone else has gained access. Do not share your account, and do not create one for someone else without their knowledge.

What you may not do

Do not:

• Use Fit Shapes for anything unlawful, or to harm anyone.
• Break, probe, or work around the security of the service, or access another person’s data.
• Use automated means to scrape the service, or place unreasonable load on it — including submitting analysis requests at a volume or rate the service is not intended to serve.
• Reverse engineer, decompile, or attempt to derive the source code of the app, except where the law expressly permits it despite this restriction.
• Resell, sublicense, or commercially redistribute the service or its output.
• Remove or obscure any proprietary notices.
• Submit content that infringes someone else’s rights, or that is unlawful.

We may suspend or end access that breaks these rules.

What you log is yours

You keep ownership of everything you enter — your log, your photos, your measurements. We claim no ownership of it.

You give us a limited license to store, process, and display that content for the sole purpose of providing the service to you: syncing it between your devices, analyzing a photo or description you submit so we can return an estimate, and computing your targets and trends. That license exists so the app can function, it is not exclusive, and it ends when you delete the content or your account.

We do not use your log, your photos, or your health data to train artificial intelligence models, and we do not sell them. See the privacy policy.

You are responsible for having the right to submit what you submit.

Our rights

The app, this website, and their software, design, text, and branding belong to us or our licensors, and are protected by intellectual property law. Subject to these terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use the app on Apple-branded devices you own or control, in line with the Usage Rules in Apple’s Media Services Terms and Conditions. All rights not expressly granted are reserved.

Paid features

Fit Shapes may offer paid features. If it does, the price and what it includes will be stated in the app before you buy, purchases and renewals are handled by Apple through your App Store account, and Apple’s terms and refund policy govern the transaction. Subscriptions renew until you cancel, which you do in your App Store account settings rather than here.

If your subscription ends, you keep your account: you can still view your history and export it, but you cannot add to it until you subscribe again.

We will not charge you for anything without telling you what it costs first.

Availability and changes

We aim to keep the service running, but we do not promise it will be uninterrupted or error free. We may change, suspend, or discontinue features, and we may set or adjust limits on resource-intensive features such as photo and description analysis.

If we discontinue the service altogether, we will give reasonable notice and a way to get a copy of your data before it goes.

Ending this agreement

You may stop using Fit Shapes at any time, and you can delete your account and its data from inside the app.

We may suspend or terminate your access if you materially break these terms, if we are required to by law, or if we discontinue the service. Where circumstances reasonably allow, we will tell you first and give you a chance to get a copy of your data.

The sections on your content, our rights, disclaimers, liability, and governing law survive the end of this agreement.

Disclaimers

To the fullest extent the law allows, the service is provided “as is” and “as available”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We do not warrant that the service will meet your requirements, that its estimates will be accurate, that it will be available without interruption, or that defects will be corrected.

Nothing here excludes a warranty or right that the law does not permit us to exclude. If you are a consumer in the UK, the EEA, or another jurisdiction with mandatory consumer protections, those rights apply in full and are not affected by this section.

Limitation of liability

To the fullest extent the law allows:

• We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill.
• Our total liability arising out of or relating to the service is limited to the greater of the amount you paid us in the twelve months before the claim, or fifty US dollars.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Indemnity

You agree to indemnify us against claims, damages, and reasonable costs arising from your misuse of the service, your breach of these terms, or your violation of someone else’s rights. This does not apply to the extent the claim arises from our own act or omission.

Governing law and disputes

These terms are governed by the laws of the State of Georgia, United States, without regard to its conflict of laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia.

If you are a consumer resident in the UK or the EEA, this does not deprive you of the protection of the mandatory laws of the country where you live, and you may bring proceedings there.

Before filing anything, please write to us. Most problems are faster to fix directly.

Apple App Store terms

These terms apply because the app is distributed through Apple’s App Store, and Apple requires them.

• This agreement is between you and us, not Apple. We alone are responsible for the app and its content.
• Maintenance and support for the app is our responsibility. Apple has no obligation to provide any maintenance or support for it.
• Warranty. To the extent the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you, if you paid one. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our responsibility.
• Product claims. We, not Apple, are responsible for addressing any claim relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property. If a third party claims the app infringes their intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement, and discharge of that claim.
• Legal compliance. You represent that you are not located in a country subject to a US government embargo or designated as a “terrorist supporting” country, and that you are not listed on any US government list of prohibited or restricted parties.
• Third-party terms. You must comply with applicable third-party terms when using the app — for example, the terms of your wireless data plan.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these terms, and on your acceptance Apple has the right to enforce them against you as a third-party beneficiary.

Our name and address for these purposes: Sam Solomon, 3423 Piedmont Rd NE, Atlanta, GA 30305.

Changes to these terms

We may update these terms. The date at the top of the page shows when they last changed, and we will notify you in the app before a material change takes effect. Continuing to use Fit Shapes after that means you accept the updated terms.

Contact

[email protected] Sam Solomon, 3423 Piedmont Rd NE, Atlanta, GA 30305