Terms of Service
Please read these Terms of Service ("Terms") carefully before using the Rex mobile application (the "App") operated by Jessica He ("we," "us," or "our"), a sole proprietorship organized under the laws of the State of California.
By downloading, installing, accessing, or using the App, you ("you" or "User") agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
1. Acceptance of Terms
By creating an account or using the App in any way, you acknowledge that:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You are at least 16 years of age
- You have the legal capacity to enter into a binding agreement
- You have read and agree to our Privacy Policy
If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Description of Service
Rex is a personal fitness and nutrition tracking application that provides:
- Meal logging and nutritional tracking
- Workout logging and exercise tracking
- AI-powered fitness coaching and meal suggestions
- Integration with Apple Health (iOS) and Health Connect (Android) for health data syncing
- Food barcode scanning for nutritional information
- Goal setting and progress tracking
- Body measurement tracking
- Grocery list and meal planning tools
The App is provided as a tool to assist you in tracking your personal fitness and nutrition. The features and functionality of the App may change over time at our sole discretion.
3. IMPORTANT HEALTH AND FITNESS DISCLAIMER
THE APP IS NOT A MEDICAL DEVICE, MEDICAL SERVICE, OR HEALTHCARE PROVIDER.
3.1 Not Medical Advice. The App, including all content, features, AI-generated suggestions, meal plans, workout recommendations, and any other information provided through the App (collectively, "App Content"), is intended for general informational and educational purposes only. App Content does not constitute medical advice, diagnosis, treatment, or professional healthcare guidance of any kind.
3.2 Not a Substitute for Professional Care. The App is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, qualified healthcare provider, registered dietitian, certified personal trainer, or other qualified health professional with any questions you may have regarding a medical condition, dietary needs, exercise program, or health objectives. Never disregard professional medical advice or delay seeking it because of something you have read, seen, or received through the App.
3.3 AI Limitations. The AI features in the App use artificial intelligence to generate responses. AI-generated content may be:
- Inaccurate, incomplete, or outdated
- Not tailored to your specific medical conditions, allergies, injuries, or contraindications
- Based on general information that may not apply to your individual circumstances
- Subject to errors in nutritional estimates, calorie calculations, or exercise recommendations
You should independently verify all AI-generated nutritional information, workout suggestions, and health recommendations before acting on them.
3.4 Assumption of Risk. Physical exercise carries inherent risks, including but not limited to risk of injury, disability, and death. By using the App to guide your fitness activities, you acknowledge and voluntarily assume all risks associated with physical exercise and dietary changes. You represent that you are physically fit and have no medical condition that would prevent you from engaging in physical exercise, or that you have obtained clearance from a qualified healthcare provider to do so.
3.5 Nutritional Estimates. Calorie counts, macronutrient breakdowns, and other nutritional information provided by the App (whether manually entered, obtained from barcode scanning via third-party databases, or estimated by AI image analysis) are approximations only and may be inaccurate. Do not rely on these figures for medical dietary management (e.g., managing diabetes, kidney disease, food allergies, or other conditions requiring precise nutritional monitoring).
3.6 Food Allergies and Dietary Restrictions. While the AI may attempt to account for dietary preferences and restrictions you share, it may fail to identify allergens, cross-contamination risks, or ingredients that conflict with your dietary needs. Always verify ingredients independently if you have food allergies, intolerances, or medical dietary requirements.
3.7 Emergency Situations. The App is not designed for emergency situations. If you experience chest pain, shortness of breath, severe dizziness, or any other medical emergency during exercise, stop immediately and call emergency services (911 or your local emergency number). Do not use the App to seek emergency medical help.
4. User Accounts
4.1 Account Creation
To use the App, you must create an account using a supported authentication method (Google Sign-In or Apple Sign-In). You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Promptly notify us of any unauthorized use of your account
- Accept responsibility for all activity that occurs under your account
4.2 Account Security
You are solely responsible for maintaining the confidentiality of your account and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
4.3 Account Termination by You
You may stop using the App at any time by deleting it from your device. To request deletion of your account data, contact us at support@rexfit.app.
4.4 Account Termination by Us
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms.
5. Acceptable Use
You agree not to:
- Use the App for any unlawful purpose or in violation of any applicable laws or regulations
- Attempt to gain unauthorized access to the App, its servers, or any related systems
- Interfere with or disrupt the App's functionality, servers, or networks
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
- Use the App to transmit any malicious code, viruses, or harmful content
- Use automated means (bots, scrapers, etc.) to access or interact with the App
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Use the App to harass, abuse, or harm another person
- Attempt to circumvent any security features or access controls of the App
- Use the AI chat feature to generate content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
- Share your account credentials with any other person
6. Subscriptions and Payments
6.1 Free Trial
New users receive a 14-day free trial of Rex Premium with full access to all features. The trial begins when you complete account creation. No payment information is required to start the trial.
6.2 Subscription Plans
After the free trial expires, continued access to Rex Premium requires an active subscription. We offer monthly and yearly subscription plans. Current pricing is displayed on the subscription screen within the App and may change at our discretion.
6.3 Payment Processing
All payments are processed by Apple through the App Store. We do not directly collect, store, or process your payment information (credit card numbers, billing addresses, etc.). Your purchase is subject to Apple's App Store terms and conditions.
6.4 Auto-Renewal
Subscriptions automatically renew at the end of each billing period (monthly or yearly) unless you cancel before the renewal date. You can manage and cancel your subscription through your device's App Store subscription settings.
6.5 Cancellation and Refunds
- You may cancel your subscription at any time through your device's App Store subscription settings
- Cancellation takes effect at the end of the current billing period — you retain access until then
- We do not provide direct refunds. Refund requests must be directed to Apple through the App Store
- No refunds are provided for partial billing periods
6.6 Promotional Codes
We may issue promotional codes that grant access to Rex Premium. Promotional codes are non-transferable, cannot be redeemed for cash, and may be subject to additional terms communicated at the time of issuance. We reserve the right to revoke promotional access at any time.
6.7 Price Changes
We reserve the right to change subscription pricing at any time. Price changes for existing subscribers will take effect at the next renewal period. We will provide notice of material price changes through the App or the App Store.
6.8 Access Restrictions
If your subscription expires, your free trial ends, and you do not have an active promotional code, access to the App's premium features will be restricted until you subscribe.
7. Intellectual Property
7.1 Our Intellectual Property
The App, including its design, code, graphics, mascot characters, user interface, and all related intellectual property, is owned by us and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.
7.2 Your Content
You retain ownership of any content you create or input into the App (meal logs, workout data, chat messages, photos, etc.). By using the App, you grant us a limited license to process your content solely for the purpose of providing the App's functionality (e.g., sending your data to AI services for analysis, storing your data locally on your device).
7.3 Feedback
If you provide us with feedback, suggestions, or ideas about the App, you grant us a perpetual, irrevocable, non-exclusive, royalty-free license to use, modify, and incorporate such feedback into the App without any obligation to you.
8. Third-Party Services
8.1 Third-Party Integrations
The App integrates with and relies on the following third-party services:
- Clerk — for user authentication
- Google Gemini API — for AI-powered features
- Apple Health / Health Connect — for health data integration
- Sentry — for crash reporting
- Open Food Facts — for food barcode nutritional data
- Render — for backend server hosting
- RevenueCat — for subscription management and purchase verification
Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, reliability, or practices of any third-party services.
8.2 Third-Party Data Accuracy
Nutritional information obtained from third-party databases (including Open Food Facts and AI-generated estimates) may be inaccurate, incomplete, or outdated. We do not guarantee the accuracy of any data provided by third-party services.
8.3 Service Availability
The App depends on third-party services to function. We do not guarantee that third-party services will be available, uninterrupted, or error-free. Downtime or changes to third-party services may affect the App's functionality, and we are not liable for any such disruptions.
9. Apple Health and Health Connect
9.1 Optional Integration
Connecting to Apple Health or Health Connect is entirely optional. The App's core functionality (meal logging, workout tracking, AI coaching) works without health data integration.
9.2 Your Control
You can connect or disconnect health data integration at any time through the App's Settings. Disconnecting immediately stops all health data access.
9.3 Apple HealthKit Terms
If you use the Apple Health integration, your use is also subject to Apple's HealthKit terms and guidelines. We comply with Apple's requirements for HealthKit data use, including:
- Not using HealthKit data for advertising or marketing
- Not selling HealthKit data to any third party
- Not using HealthKit data for purposes unrelated to providing health and fitness functionality
10. AI-Generated Content
10.1 Nature of AI Content
The App uses Google's Gemini AI to generate responses, suggestions, meal recommendations, workout advice, and other content. You acknowledge that:
- AI-generated content is produced by automated systems, not by qualified professionals
- AI-generated content may contain errors, inaccuracies, or inappropriate suggestions
- AI-generated content should not be relied upon as the sole basis for health, fitness, nutrition, or medical decisions
- The quality and accuracy of AI-generated content depends on the data you provide and the AI model's capabilities, both of which have limitations
10.2 No Guarantee of Accuracy
We do not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated content. You are solely responsible for evaluating and acting on AI-generated content at your own risk.
10.3 AI Data Processing
When you use AI features, your data (including chat messages, fitness context, health metrics if connected, food images, and voice recordings) is sent to Google's Gemini API for processing. This data is subject to Google's terms of service and privacy policies.
11. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY — we do not warrant that the App is fit for commercial sale or meets industry standards
- IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE — we do not warrant that the App is suitable for any particular health, fitness, dietary, or medical purpose
- IMPLIED WARRANTIES OF NON-INFRINGEMENT — we do not warrant that the App does not infringe any third-party rights
- WARRANTIES OF ACCURACY — we do not warrant that any information, nutritional data, calorie counts, AI-generated content, or other data in the App is accurate, complete, current, or reliable
- WARRANTIES OF AVAILABILITY — we do not warrant that the App will be uninterrupted, timely, secure, or error-free
- WARRANTIES OF RESULTS — we do not warrant that you will achieve any particular fitness, health, weight loss, muscle gain, or other results from using the App
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the shortest duration and minimum scope permitted by applicable law.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR SERVICE PROVIDERS BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses
- ANY DAMAGES ARISING FROM:
- Your use of or inability to use the App
- Any errors, inaccuracies, or omissions in the App's content, including nutritional data, calorie counts, and AI-generated suggestions
- Personal injury or property damage resulting from your use of the App, including injuries sustained during exercise
- Unauthorized access to or alteration of your data
- Any third-party conduct or content on or through the App
- Any interruption or cessation of the App's functionality
OUR TOTAL AGGREGATE LIABILITY for all claims arising out of or relating to these Terms or your use of the App shall not exceed the greater of: (a) the total amount you have paid us in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless Jessica He and any agents, contractors, or service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any rights of a third party
- Any injury or harm to yourself or others resulting from exercise, dietary changes, or other actions taken in connection with your use of the App
- Any content you submit, post, or transmit through the App
14. Dispute Resolution
14.1 Informal Resolution
Before filing any formal legal action, you agree to first contact us at support@rexfit.app and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved without formal proceedings.
14.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
14.3 Jurisdiction
Any disputes arising out of or relating to these Terms or the App that cannot be resolved informally shall be resolved exclusively in the state or federal courts located in San Francisco County, California. You consent to the personal jurisdiction of such courts and waive any objection to venue.
14.4 Small Claims Court
Notwithstanding the above, either party may bring an individual action in small claims court in the jurisdiction where you reside, if the claim qualifies.
14.5 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable, then this entire dispute resolution section shall be null and void.
14.6 Statute of Limitations
You agree that any claim or cause of action arising out of or related to the App or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred. This does not apply where a shorter limitations period is imposed by applicable law.
15. Modifications to the Service
We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.
16. Changes to These Terms
We may revise these Terms at any time by updating this document. Material changes will be communicated through:
- An in-app notification
- Updating the "Last Updated" date at the top of these Terms
Your continued use of the App after any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede all prior agreements, understandings, and communications, whether written or oral.
19. Waiver
Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right to enforce it at a later time. Any waiver must be in writing and signed by us to be effective.
20. Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
21. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, internet or telecommunications failures, power outages, or third-party service provider failures.
22. Contact Information
For questions or concerns about these Terms, please contact:
Jessica He
Email: support@rexfit.app
23. Acknowledgment
BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS, TOGETHER WITH THE PRIVACY POLICY, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND SUPERSEDE ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, PROPOSALS, OR REPRESENTATIONS, WHETHER WRITTEN OR ORAL, CONCERNING THE SUBJECT MATTER OF THESE TERMS.