Terms of Service

1. Agreement to Terms

By downloading, installing, or using the Memotive iOS application (“App”), you agree to be bound by these Terms of Service (“Terms”). The App is operated by Emberonix LLC (“we,” “us,” or “our”). If you do not agree to these Terms, do not use the App.

2. Description of Service

Memotive is an AI-powered health and wellness coaching application. The App provides personalized nutrition, fitness, and wellness guidance through conversational AI. Memotive is not a medical device, does not provide medical advice, and is not a substitute for professional medical care.

3. Eligibility

You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you meet this requirement.

4. Account Registration

You must create an account to use the App. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Subscriptions and Billing

Memotive offers paid subscription plans billed on a monthly or annual basis through Apple’s App Store. By subscribing, you agree to the following:

• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
• Payment is charged to your Apple ID account at confirmation of purchase.
• You may manage or cancel your subscription in your Apple ID account settings.
• A 7-day free trial may be offered to eligible new subscribers. If you do not cancel before the trial ends, you will be charged for the selected plan.
• Refunds are handled by Apple in accordance with their refund policies.

6. Health Disclaimer

The information provided by the App is for general informational and wellness purposes only. It is not intended as medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before making changes to your diet, exercise, or health regimen.

We make no guarantees regarding the accuracy, completeness, or suitability of any health or nutrition information provided through the App. You use the App’s guidance at your own risk.

7. Apple Health Integration

The App may request access to Apple Health data (such as steps, heart rate, sleep, and other metrics) to provide personalized coaching. This access is entirely optional and controlled by you through iOS settings. We only read the health data types you explicitly authorize.

8. User Content

You retain ownership of any content you submit through the App (messages, photos, journal entries). By using the App, you grant us a limited license to process this content solely for the purpose of providing the coaching service to you. We do not sell your content to third parties.

9. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose.
• Attempt to reverse engineer, decompile, or disassemble the App.
• Interfere with or disrupt the App’s servers or networks.
• Use the App to transmit harmful, abusive, or objectionable content.
• Share your account credentials with others or create multiple accounts.

10. Intellectual Property

The App, including its design, features, and content (excluding user content), is owned by Emberonix LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the App without our prior written consent.

11. Limitation of Liability

To the maximum extent permitted by law, Emberonix LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App. Our total liability shall not exceed the amount you paid for the App in the 12 months preceding the claim.

12. Termination

We may suspend or terminate your access to the App at any time, for any reason, with or without notice. Upon termination, your right to use the App ceases immediately. You may delete your account and data at any time through the App’s settings.

13. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the App or by other means. Your continued use of the App after changes are posted constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

15. Contact

If you have questions about these Terms, contact us at mberanek@emberonix.com.