Terms and Conditions

These Terms and Conditions (the "Terms") form a legal agreement between you and False Summit Solutions LLC ("Company," "we," "us," or "our") governing your use of the PostureMax mobile application (the "App") and any related services. By downloading, installing, accessing, or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

If you are using the App on an Apple device, you acknowledge that these Terms are between you and PostureMax only — not Apple — and that PostureMax is solely responsible for the App and its content. (See Section 14 for the full Apple-specific terms.)

1. Description of the App

1.1 Core Features

PostureMax is a gamified posture-coaching app. Its features include:

• AI Posture Scan: capture front and side photos through your device camera and receive an AI-generated posture analysis ("Shell Score"), problem zones, and recommended drills;
• AirPods posture monitoring: use compatible Apple headphones (AirPods Pro, AirPods Max, AirPods 3rd generation, or other devices supporting head-tracking) to monitor head orientation in real time during a session;
• Posture reminders & check-ins: opt-in push notifications and daily check-in tracking;
• Training drills: guided posture exercises with step-by-step instructions;
• XP & mascot evolution: earn experience points by using the features above, build streaks, and evolve a virtual mascot through five visual stages;
• Cloud sync: when signed in with Apple or Google, your data syncs across devices via Firebase.

1.2 Service Availability & Changes

The App is currently available on iOS via the Apple App Store. We may modify, add, suspend, or remove features at any time without prior notice. We may also discontinue the App in whole or in part. We will not be liable to you for any modification, suspension, or discontinuance of the App.

1.3 AI-Powered Features

Some features rely on third-party artificial intelligence services (currently OpenAI's GPT-4 family Vision API; certain features may use Anthropic). AI-generated outputs may contain errors, omissions, or inaccuracies. They are provided for informational and motivational purposes only and are not medical advice, diagnosis, or treatment.

2. Eligibility & Accounts

2.1 Age Requirements

• You must be at least 13 years old to use the App.
• If you are under 18 (or the age of majority where you live), you may use the App only with the consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
• The App is not intended for children under 13.

2.2 Account Creation

• Some features require sign-in with Apple Sign-In or Google Sign-In.
• You agree to provide accurate information and to keep your account credentials confidential.
• You are responsible for activity that occurs under your account.
• Accounts are personal and non-transferable. One account per person.

2.3 Account Deletion

You may delete your account at any time from Settings → Delete Account. Deletion permanently removes your Firebase Authentication account, your cloud-synced data in Firestore, and the App's local data on your device. Deletion is permanent and irreversible. Subscription cancellation is handled separately by Apple — see Section 3.4.

2.4 Suspension & Termination by Us

We may suspend or terminate your access if you violate these Terms, abuse the service, attempt to circumvent usage limits or paywalls, engage in fraudulent activity, or if we are required to do so by law.

3. Subscriptions & In-App Purchases

3.1 Free and Paid Tiers

PostureMax offers a limited free tier and a paid auto-renewing subscription (currently branded "PostureMax Premium," though specific names, durations, and prices may vary by region and over time). Premium unlocks additional features such as unlimited AI posture scans, advanced reports, and other features identified at the point of purchase.

3.2 Auto-Renewing Subscription Disclosure

The following terms apply to all auto-renewing subscriptions, in compliance with Apple's App Store guidelines:

• Title and content: the title, length, and content of each subscription option (e.g. "PostureMax Premium — 1 Month" or "PostureMax Premium — 1 Year") are displayed inside the App at the point of purchase.
• Price: the price per subscription period is displayed inside the App in your local currency before purchase.
• Auto-renewal: your subscription will automatically renew at the end of each period unless you turn off auto-renew at least 24 hours before the end of the current period.
• Renewal charge: your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the renewal price disclosed at purchase.
• Manage / cancel: you can manage your subscription and turn off auto-renewal in iOS Settings → [your name] → Subscriptions or in the App Store account settings, at any time after purchase.
• No partial refunds: deleting the App or your account does not cancel the subscription. No refund will be issued for the unused portion of the current period unless required by applicable law.

3.3 Free Trials and Introductory Offers

If a free trial or introductory offer is provided, the offer's length, post-trial price, and renewal terms are disclosed inside the App at the point of purchase. Unless you cancel at least 24 hours before the trial or introductory period ends, the subscription will automatically convert to a paid subscription at the standard price. Any unused portion of a free trial is forfeited when you purchase a subscription.

3.4 Cancellation, Refunds & Billing Disputes

• All payments and refunds are processed by Apple. We are not able to issue refunds directly. To request a refund, use Apple's process at reportaproblem.apple.com.
• To cancel a subscription, follow the steps in Section 3.2 above. You will continue to have access to paid features until the end of the current billing period.
• Cancelling your subscription does not delete your account. To delete your data, also use Settings → Delete Account (Section 2.3).

3.5 Price Changes

We may change subscription prices for future billing periods. Apple will notify you of price increases and obtain your consent before charging the new price, in accordance with App Store rules.

3.6 Right of Withdrawal (EU / EEA / UK Consumers)

If you are a consumer in the EU, EEA, or United Kingdom, you have a statutory right to withdraw from a digital purchase within 14 days. By starting to use a paid subscription, you expressly consent to immediate performance and acknowledge that you lose this right of withdrawal once the digital service has begun. Refund requests should still be directed to Apple as described in Section 3.4.

4. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on a compatible Apple-branded device that you own or control, solely for your personal, non-commercial use, and in accordance with the Apple App Store's usage rules. All rights not expressly granted to you are reserved.

5. Acceptable Use

5.1 You agree NOT to:

• Use the App in violation of any law or third-party right;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except as expressly permitted by law;
• Modify, adapt, translate, or create derivative works based on the App;
• Remove or alter any proprietary notices or labels;
• Share your account, sublicense the App, or transfer your rights;
• Use the App to harass, abuse, or harm another person;
• Submit images for AI analysis that contain content depicting another identifiable person without their consent, sexually explicit content, illegal content, or content that infringes third-party rights;
• Use automated means (bots, scrapers) to interact with the App or our backend;
• Attempt to bypass rate limits, paywalls, or other technical restrictions;
• Interfere with or disrupt the App, our servers, or any third-party services we use.

5.2 Health & Safety

• Stop using the App and consult a qualified healthcare professional if you experience pain, numbness, dizziness, or any other adverse symptoms during or after using its features.
• Do not perform recommended drills if you have a condition that contraindicates physical exercise without medical clearance.
• You are solely responsible for evaluating whether the App's features are suitable for you, and you use them at your own risk.

6. Intellectual Property

6.1 Our IP

The App and all associated software, source code, designs, copy, drill content, mascot artwork (including the shrimp character and its evolution stages), Shell Color palettes, Shell Score scoring methodology, sound, animation, trademarks, logos, and trade dress (collectively, the "Materials") are owned by False Summit Solutions LLC or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual-property laws. Except for the limited license in Section 4, no rights in the Materials are transferred to you.

6.2 Your Content

You retain ownership of photos you capture and any text or feedback you submit ("Your Content"). By submitting Your Content to the App or our backend, you grant us — and our service providers acting on our behalf — a worldwide, royalty-free, sublicensable license to host, store, transmit, process, and display Your Content solely for the purpose of operating the App and providing the requested service to you. This license terminates when Your Content is deleted from our systems, except that we may retain copies as required by law or to enforce these Terms. We do not use Your Content to train AI models.

6.3 Feedback

If you submit ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you.

6.4 Copyright Complaints (DMCA)

If you believe content available through the App infringes your copyright, please send a notice to support@posturemaxapp.com with the information required by 17 U.S.C. § 512(c)(3).

7. Privacy

Our handling of your information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the App you acknowledge that you have read it.

8. Disclaimers

8.1 Not Medical Advice

POSTURE MAX IS A GENERAL WELLNESS PRODUCT, NOT A MEDICAL DEVICE. The App is not intended to diagnose, treat, cure, or prevent any medical condition. Posture scores, problem-zone identifications, and recommended drills are for informational and motivational purposes only and are not a substitute for professional medical advice. Always consult a qualified healthcare professional regarding any medical condition or before beginning any exercise program.

8.2 AI Output Disclaimer

• AI-generated analysis and content may be incorrect, incomplete, or biased.
• AI output is not reviewed by a clinician.
• You should verify any important information with a qualified professional before relying on it.

8.3 "AS IS" Service

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the exclusions above apply only to the maximum extent permitted by law and your statutory rights as a consumer are not affected.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT WILL FALSE SUMMIT SOLUTIONS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO US (OR TO APPLE FOR THE APP) IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) USD $50.
• WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES (INCLUDING APPLE, GOOGLE, OPENAI, ANTHROPIC, AIPROXY, REVENUECAT, META, AND OUR HOSTING PROVIDERS), THEIR OUTPUTS, OR THEIR AVAILABILITY.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law (including for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence).

10. Indemnification

You agree to defend, indemnify, and hold harmless False Summit Solutions LLC and its officers, directors, employees, contractors, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the App; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

11. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent version. For material changes, we will provide additional notice (for example, an in-App alert or email). Your continued use of the App after changes take effect constitutes your acceptance of the updated Terms. If you do not accept them, you must stop using the App and may delete your account.

12. Governing Law & Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Informal Resolution

Before filing a claim, you agree to attempt to resolve the dispute by emailing support@posturemaxapp.com and giving us 30 days to respond.

12.3 Binding Arbitration; Class-Action Waiver (U.S. Users)

If you are located in the United States, any unresolved dispute arising out of or relating to these Terms or the App will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in the English language, in Delaware (or remotely). You and we each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative action. Either party may bring a claim in small-claims court if it qualifies. You may opt out of this arbitration agreement by emailing support@posturemaxapp.com within 30 days of first accepting these Terms with the subject line "Arbitration Opt-Out."

12.4 Users Outside the U.S.

If you are a consumer in the EU, EEA, UK, or another jurisdiction whose mandatory law gives you the right to bring proceedings in your local courts, nothing in this section affects that right.

13. General

• Severability: if any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
• No waiver: our failure to enforce any right is not a waiver of that right.
• Assignment: you may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us regarding the App.
• Notices: we may notify you by in-App message, push notification, or email to the address associated with your account.

14. Apple-Specific Terms

The following terms apply if you obtained the App from the Apple App Store, and are required by Apple. In the event of any conflict between this Section 14 and any other provision of these Terms, this Section 14 controls (but only as it relates to Apple).

• Acknowledgement. These Terms are concluded between you and False Summit Solutions LLC only, and not with Apple Inc. ("Apple"). False Summit Solutions LLC, not Apple, is solely responsible for the App and its content.
• Scope of license. The license granted to you in these Terms is limited to a non-transferable license to use the App on any Apple-branded device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and support. False Summit Solutions LLC is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services.
• Warranty. False Summit Solutions LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any). To the maximum extent permitted by applicable 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 any failure to conform to any warranty are False Summit Solutions LLC's sole responsibility.
• Product claims. False Summit Solutions LLC, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of it, including but not limited to: (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the App's use of HealthKit-style functionality.
• Intellectual-property rights. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual-property rights, False Summit Solutions LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer name and contact. Any questions, complaints, or claims regarding the App should be directed to: False Summit Solutions LLC, support@posturemaxapp.com.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data-service agreement).
• Third-party beneficiary. You and False Summit Solutions LLC acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15. Contact Us

For questions about these Terms, please contact:

• Email: support@posturemaxapp.com

False Summit Solutions LLC
Developer of PostureMax