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Terms of Service

Draft v2Effective date: [EFFECTIVE DATE]Version 2026-10-06-draft
Draft awaiting counsel review; not yet in effect. [Bracketed] items are still to be filled in. Section 16 is for counsel to draft.

These Terms are an agreement between you and [Legal entity name] ("we," "us") for your use of the Set in Motion iPhone app and website (the "Service"). By creating an account or using the Service, you agree to these Terms. Our Privacy Policy and Consumer Health Data Privacy Policy explain how we handle your information. Any consent we need to process your health information is asked for separately, not through these Terms.

Please read section 16 carefully. [It requires most disputes to be resolved by individual arbitration and waives class actions, with a 30-day right to opt out.]

1. Who can use the Service

You must be at least 18 years old and located in the United States. You must give your true date of birth. One person per account; you are responsible for activity on your account and for keeping access to your Apple ID or email secure.

2. What the Service is — and is not

Set in Motion helps you log workouts and meals, and makes logging easier with features like suggestions, automatic rep counting and meal estimates.

The Service is a fitness and nutrition logging tool. It is not a medical device and does not provide medical advice. It does not diagnose, treat, cure, monitor or prevent any disease or condition. Do not disregard professional medical advice or delay seeking it because of anything in the Service. Rep counts, suggestions, nutrition figures and AI estimates are approximations to help you log; they may be wrong. Do not rely on them for medical, dietary or safety decisions.

3. Exercise and nutrition risks

Exercise and changes to your diet carry risks, including injury, and in rare cases serious harm. Consult a physician or other qualified health professional before starting an exercise program or changing your diet, particularly if you are pregnant, have a medical condition, take medication, or have a history of disordered eating. Stop exercising and seek help if you feel pain, faintness, dizziness or shortness of breath. Use equipment safely and as its manufacturer instructs, and do not handle your phone in a way that compromises safe technique. You are responsible for your own exercise choices and their consequences.

4. AI features

Some features use a contracted outside AI provider and only run after you give permission in the app. AI output is generated automatically, can be inaccurate or incomplete, and is not reviewed by a person. Check and correct estimates before relying on them. Never rely on the Service for decisions about allergies, diabetes or insulin dosing, eating disorders, or any other medical condition. Do not submit photos or descriptions of other people, or anything you don't have the right to share.

5. Your content

"Your Content" means what you put into the Service: your logs, photos, descriptions, notes, goals and sensor recordings.

  • You own Your Content. You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit and display Your Content only as needed to operate, secure and provide the Service to you, and to create de-identified data as described in our Privacy Policy. This licence ends when Your Content is deleted, except for de-identified data that can no longer be linked to you, which we may keep and use to improve the Service.
  • You confirm you have the rights to Your Content and that it doesn't violate law or anyone's rights.

6. Acceptable use

You may not:

  • misuse, disrupt, probe or attack the Service or its servers;
  • access the Service except through the app and website we provide;
  • copy, decompile, reverse-engineer or disassemble the Service, or try to derive its source code, models, algorithms or methods, except to the extent the law allows despite this restriction;
  • scrape, crawl or bulk-download the Service or its content, or use automated means to access it, including to collect data to train artificial-intelligence or machine-learning models;
  • use the Service, or anything from it, to build, train or benchmark a competing product or service;
  • impersonate anyone, or use someone else's account;
  • upload content that is unlawful, infringing, sexually explicit or harmful, or images of other people without their permission.

7. Our property; feedback

The Service belongs to us or our licensors and is protected by intellectual-property and trade-secret law. That includes its software, design, catalogues, artwork, models, algorithms and methods of operation. Except for the limited licence below, these Terms give you no rights in it.

We grant you a personal, non-transferable, revocable licence to use the app on Apple devices you own or control, as permitted by Apple's usage rules.

If you send us feedback or suggestions, you give us a perpetual, irrevocable, royalty-free licence to use them for any purpose, with no obligation to you.

8. Third-party content and services

Food product information comes in part from Open Food Facts, available under the Open Database License (ODbL) — see the attribution in the app. Sign in with Apple and Apple Health are provided by Apple under Apple's terms. We are not responsible for third-party services or content.

9. Price

The Service is currently free. If we introduce paid features, we will show the price and terms before you buy, and purchases will be handled through Apple.

10. Privacy

Our Privacy Policy and Consumer Health Data Privacy Policy explain how we handle personal information. You can delete your account at any time in the app (Profile → Account & Privacy → Delete Account & Data).

11. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or end your access if you breach these Terms, create risk or legal exposure for us or others, or if we discontinue the Service; where reasonable we will give notice. If we discontinue the Service, we will give at least [30] days' notice [and an opportunity to request a copy of your data]. Sections 5 (de-identified data licence), 6, 7 and 12–18 survive termination.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE, ITS REP COUNTS, SUGGESTIONS, NUTRITION DATA OR AI OUTPUT WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE, OR THAT DATA WILL NOT BE LOST. Some jurisdictions do not allow these exclusions, so some may not apply to you.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE, AND OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US $[100]. These limits do not apply to liability that cannot be limited by law, including for death or personal injury caused by our gross negligence or wilful misconduct.

14. Indemnity

You will defend and indemnify us against third-party claims arising from Your Content or your breach of these Terms, to the extent permitted by law.

15. Changes to these Terms

We may update these Terms. We will post the new version with a new version number and effective date, and for material changes we will notify you in the app and ask you to agree before you continue using the Service. Changes do not apply retroactively to disputes already notified.

16. Disputes and governing law

Governing law: the laws of the State of [STATE] and applicable US federal law, without regard to conflict-of-law rules.

Informal resolution: before filing a claim, each party agrees to try to resolve it informally by written notice to the other and 60 days of good-faith discussion.

[Dispute resolution clause to be drafted by counsel.]

17. Apple App Store terms

These Terms are between you and us, not Apple. Apple is not responsible for the app or its content. Your licence is limited to using the app on Apple-branded products you own or control as permitted by the Usage Rules in the Apple Media Services Terms. Apple has no obligation to provide maintenance or support. If the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); Apple has no other warranty obligation. Apple is not responsible for addressing claims relating to the app, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer-protection or privacy claims. Apple is not responsible for investigating or defending third-party intellectual-property claims. You represent that you are not located in a country subject to a US government embargo or designated as "terrorist supporting," and are not on any US government list of prohibited or restricted parties. You must comply with applicable third-party terms (for example, your wireless data agreement). Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. General

These Terms, with the policies they reference, are the entire agreement between us about the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Notices to you may be given in the app or by email; notices to us go to support@setinmotion.app and [postal address].

19. Contact

[Legal entity name] · [postal address] · support@setinmotion.app