{"version":"2026-10-05.1","lang":"en","title":"Please read before you continue","intro":"AI-Upgrade-Me is a personal wellness and training tracker. It is not a doctor, not a lawyer, and not a medical device. Read these disclosures — you have to agree to them to use the app.","consent":"I have read and I agree to everything above, including the release, the limitation of liability, and my agreement to defend, indemnify and hold the app and its owner harmless. I understand this app gives no medical or legal advice, that its AI can be wrong, that my information is shared with an AI provider, and that anything I upload and attach to an exercise can be seen by other members. I ALSO AGREE TO BINDING INDIVIDUAL ARBITRATION AND I GIVE UP MY RIGHT TO A JURY TRIAL AND MY RIGHT TO TAKE PART IN A CLASS ACTION — I understand I can opt out of that section within 30 days by email.","contact":"Questions about anything here: AIupgradeMe@gmail.com","sections":[{"id":"no-medical-advice","heading":"No medical advice","body":["Nothing in this app is medical advice, a diagnosis, a treatment plan, or a recommendation about any medication, supplement, dose, or procedure. Nothing here is a substitute for care from a qualified health professional who knows your history.","Using the app does not create a doctor-patient, therapist-client, or any other professional relationship between you and the app, its owner, or anyone who works on it.","The numbers, targets, ranges, trends, scores and suggestions the app shows — calorie and macro targets, healthy-range bands for body and heart metrics, strength estimates, progression suggestions, lab-result readouts, correlations — are informational estimates built from general reference data and the numbers you enter. They are not tailored clinical judgement and they can be wrong for you.","Talk to your doctor before starting or changing any exercise program, diet, fast, supplement, or medication, especially if you are pregnant, have a heart, blood-pressure, metabolic, joint or eating-related condition, or take prescription medication. Never delay, avoid, or stop professional care because of something you read here.","If you have symptoms — chest pain, trouble breathing, fainting, persistent palpitations, sudden severe headache, injury, thoughts of harming yourself, or anything that frightens you — stop using the app and get medical help immediately. In an emergency call your local emergency number (911 in the US). This app cannot detect an emergency and nobody is monitoring your data for one.","The app is not a medical device. It has not been reviewed or approved by the FDA or any other regulator, and it is not intended to diagnose, treat, cure, or prevent any disease."]},{"id":"no-legal-advice","heading":"No legal, financial, or other professional advice","body":["Nothing in this app — including anything its AI features write — is legal, financial, tax, insurance, nutritional-therapy, psychological, or any other kind of professional advice. For any decision that matters, consult a licensed professional in that field."]},{"id":"entertainment","heading":"Informational and entertainment purposes only","body":["This app is provided for informational, educational, motivational and entertainment purposes only. Every feature — training programs, exercise how-tos and videos, nutrition and calorie tracking, device and lab data, mindset and articulation practice, the memory games, and every AI feature — exists to help you keep track of things and stay interested. None of it is a clinical service or a guaranteed outcome.","You are solely responsible for what you decide to do with anything you see here."]},{"id":"ai-mistakes","heading":"AI features: the AI makes mistakes — check its work","body":["This app uses artificial-intelligence models to answer questions, summarise your data, read documents and photos you upload, estimate the food in a picture, pull markers out of bloodwork, and write wellness observations.","AI OUTPUT IS NOT MEDICAL ADVICE. Treat it exactly the way you would treat a confident stranger's opinion: as a starting point, never as an instruction.","AI models make mistakes. They misread numbers, invent facts that sound plausible, mix up units, miss things that are right in front of them, and state wrong answers with complete confidence. Photo-to-calories estimates, lab values read from a scan or PDF, and any figure the AI repeats back to you can all be wrong. Check anything that matters against the original document, a reliable source, or a qualified professional before you act on it.","The AI only sees the data in your account plus what you type. It does not know your full medical history, your medications unless you entered them, what your doctor told you, or how you actually feel today.","Never use the AI for an emergency, for a diagnosis, or to decide anything about a medication."]},{"id":"privacy-ai","heading":"Privacy: your information is shared with an AI provider","body":["To make the AI features work, this app sends your information to an external AI provider. That can include the health and training data in your account — weight and body-composition readings, heart and sleep and activity data from any connected device, blood pressure, lab results, medications you have entered, meals and nutrition logs, workouts, notes, goals, habits and progress entries — plus any document, photo or message you send to the AI. If you are not comfortable with that, do not use the AI features.","Which provider that is, is YOUR choice: the AI features run on the provider account you connect yourself (Settings → AI), and until you connect one they are switched off and nothing is sent anywhere. In the exceptional case where we have switched a member onto our own AI account, that account uses Claude, from Anthropic, through a commercial API account configured so your data is NOT used to train AI models, and some features may run on Cloudflare Workers AI models — Cloudflare is the company that already hosts this app and all of its data, and Cloudflare's published terms state that what you send is not used to train its models. Either way, your data is sent to an AI provider only to produce your answer and is handled under that provider's terms.","When you connect your own AI provider with your own API key (Settings → AI), your data goes to THAT provider under THAT provider's terms and privacy policy, on your account, at your cost, and outside this app's control. Different providers have different defaults, and some train on what you send them. Read your provider's policy and, in your provider's own settings, turn OFF model training on your data if you do not want it used that way. You are responsible for the provider you choose.","For deep analysis of your own data, the strongest models give noticeably better results: we recommend Claude Opus or Claude Fable. The lighter default model is fine for everyday questions but is more likely to make the kinds of mistakes described above on complex, multi-source analysis.","Beyond the AI features: your health data is private to your account and is never shown to other members. The app owner, as administrator, can see account-level information and content you upload (this is how member support, moderation and account cleanup work). The app does not sell your data or hand it to advertisers. Health values are never written to server logs.","WHERE YOU LIVE. We ask for the country, state or region, and city you live in, and you have to give them to use the app. They are used to know which consumer laws apply to your account and, if there is ever a dispute, to hold any arbitration near you as promised below. Your location is NOT shown to other members. If a community feature ever displays any part of it, that will be something you switch on yourself, off by default, and it will not apply retroactively. Separately, our hosting provider records an approximate, city-level location from your internet connection for security and support — that is an estimate from your network, never GPS, and it is visible only to the app owner.","You can delete your account and its data yourself at any time, from Settings → Delete your account, or from https://ai-upgrade.me/delete-account. It happens immediately and cannot be undone. If you cannot sign in, write to AIupgradeMe@gmail.com from the address on the account and we will do it for you. Some records may be kept where the law requires it, and copies already sent to an AI provider are handled under that provider's retention rules — we cannot pull them back."]},{"id":"health-connect","heading":"Android Health (Health Connect): what the Android app reads","body":["If you choose to connect Android Health in Settings → Devices, the Android app reads, with your permission, the following from Health Connect: steps, active calories, exercise sessions, heart rate, resting heart rate, heart rate variability, sleep, oxygen saturation, respiratory rate, weight and body fat. If you allow it, it also reads them in the background every few hours.","It sends them over an encrypted connection to your own account, where they appear on your dashboard and in your history; weigh-ins wait in your Review queue until you approve them. This data is private to your account. It is never sold, never used for advertising, and never shared with other members or with third parties, except that the AI features can include it when you use them, as described above. The app only reads Health Connect — it never writes to it.","You can stop it at any time with Disconnect in Settings → Devices, or in Android’s own Health Connect settings. Delete the imported data by deleting your account. Use of information received from Health Connect adheres to the Health Connect Permissions policy, including the Limited Use requirements."]},{"id":"member-board","heading":"The member board is public to other subscribers","body":["The app has a message board where subscribers post and reply to each other. IT IS NOT PRIVATE. Anything you post there — your words, and any picture you attach or set as your profile picture — can be read by every other subscriber. Do not post anything you would not want another person to read.","Shown next to whatever you post: the display name on your account, your profile picture if you set one, and your town and state or region as you typed them into your profile. Your email address is never shown to other members.","The board is available to every member.","Your health data stays private. Your logged workouts, weight, blood pressure, lab results, progress photos and everything else in your account are NOT posted to the board and cannot be seen by other members. Only what you personally type or upload into the board is shared. If you choose to write about your own health there, you are choosing to make that public to other subscribers.","Nothing on the board is medical advice. Other members are not medical professionals, and neither is any AI whose answers they quote. Do not rely on anything posted there to make a decision about your health; speak to a qualified professional.","Rules for posting: no advertising, promotion, spam, or links to anything you are selling. No harassment, hate, or abuse. No other person's private information. No photographs of anyone who has not agreed to appear, and nothing showing a person under 18. Post only content that is yours to post.","The app owner may remove any post, topic or profile picture at any time, for any reason, and may stop an account from posting while leaving it able to read. Deleting your post stops it being shown, but anything another member has already read, copied or screenshotted cannot be recalled.","The board includes a topic for finding someone to train with. If you arrange to meet another member in person, that is entirely your own decision and at your own risk. This app does not check, vet, verify or vouch for anybody. It does not introduce members to each other, does not supervise anything that happens between them, and is not responsible for any meeting, in a gym or anywhere else. Meet in a public place, do not post your home address or your exact routine, and tell somebody you trust where you are going.","You keep ownership of what you write. By posting, you give the app permission to store and display it inside the app for as long as it remains posted."]},{"id":"direct-messages","heading":"Direct messages between members are private from other members — but not from us","body":["Subscribers can send each other direct messages. Other members cannot read your direct messages.","THE APP OWNER CAN. Your direct messages are stored in ordinary form, not encrypted, and the app owner is able to read them. This is how someone who is harassing, threatening, defrauding or endangering another member gets found and removed, and it is the reason the feature can exist at all. We are telling you plainly rather than describing these messages as private and quietly reading them.","In practice they are looked at when a member reports a conversation, when there is a safety or legal concern, or where the law requires it. They are not read for entertainment and they are not sold, shared or used for advertising.","Deleting a message hides it from you and from the person you were talking to. It does not erase it from the app owner's copy, because a message deleted immediately after it is sent is exactly the one an investigation would need.","Do not send anything through this app that you would be unwilling for the app owner to read. If you want a genuinely private conversation, use a service built for that.","You can block another member at any time, without giving a reason. Blocking is silent — they are not told. You can also report a conversation, which asks the app owner to look at it.","The app owner may stop an account from sending messages, remove any message, or close an account, at any time."]},{"id":"shared-uploads","heading":"What you upload for an exercise is visible to other members","body":["IMPORTANT: any workout video, video link or photo that you upload — including photos or videos of yourself — and attach to an exercise becomes available to every other member of the app as an option they can choose to view alongside that exercise. Other members will not be shown your name with it, but they will be able to see the content itself.","Do not attach anything to an exercise that you would not want other members to see.","YOUR PROGRESS PHOTOS ARE NOT SHARED. The photos in your own progress log, and your health data, are private to your account and are not shown to other members. There is no way for another member to see them. If we ever add a way to share progress photos with the app community, it will be something you switch on yourself, off by default, and it will not apply to anything you uploaded before you switched it on.","Only upload content you made or have the right to share, showing people who agreed to be filmed. Do not upload anyone under 18. Do not upload someone else's copyrighted video.","By uploading, you give the app permission to store, display and share that content inside the app in the way described here, for as long as you keep it uploaded. You keep ownership of your own content. You can delete an upload at any time, which removes it from the app going forward; copies other members already downloaded or cached on their devices cannot be recalled.","The app owner may remove any upload, at any time, for any reason. So may a member the app owner has appointed as a moderator: moderators can take a shared upload down so no member can see it, and put it back if the removal was a mistake. A moderator is not shown who uploaded what, and gets no access to your health data, your progress photos, your messages or your account — only the power to remove shared exercise content. Only the app owner can delete an upload for good."]},{"id":"copyright","heading":"Copyright — you may not copy, sell, or redistribute this app","body":["This app and everything in it are protected by copyright and other intellectual-property laws. That includes the software and source code, the design and interface, the written exercise instructions and form descriptions, the training programs and routines, the how-to guides, the mindset and articulation content, the games, the narration audio, the images, the videos, and the data compilations behind them.","NO ONE IS GRANTED ANY AUTHORITY TO COPY, SELL, SUBLICENSE, RENT, PUBLISH, MIRROR, REDISTRIBUTE OR OTHERWISE MAKE AVAILABLE THIS APP OR ANY OF ITS CONTENT, IN WHOLE OR IN PART, BY ANY MEANS. You are given a personal, limited, non-exclusive, non-transferable, revocable licence to use the app for your own private use, and nothing more.","Without prior written permission from the owner you may not: copy, reproduce, republish, distribute, sell, resell, licence, sublicense, lease or rent the app or its content; create derivative works from it; reverse-engineer, decompile or disassemble it; scrape, crawl, bulk-download or otherwise harvest its content; use it to build, train or evaluate any machine-learning or AI model or dataset; remove or obscure any copyright or ownership notice; or share your account, credentials or access with anyone else.","Some content in the app is used under licence from third parties. Those licences run to this app only and give you no separate right to reuse that content anywhere else.","Unauthorised copying or redistribution is copyright infringement. The owner reserves every right and remedy available under the law, and may suspend or terminate any account involved without refund."]},{"id":"assumption-of-risk","heading":"Exercise carries risk — you accept it","body":["Physical training, stretching, fasting and dietary change carry real risk, including muscle strain, joint and tendon injury, fainting, heart events, permanent injury and death. Video demonstrations and written form cues cannot see you, correct you, or judge whether a movement is safe for your body on a given day.","You take part entirely at your own risk. You confirm that you are medically cleared to exercise, that you will work within your own ability, that you will use proper form and safety equipment, that you will use a spotter where appropriate, and that you will stop immediately if you feel pain, dizziness, chest discomfort or shortness of breath.","To the fullest extent the law allows, you release the app, its owner and everyone who works on it from any claim for injury, loss or damage arising out of your use of the app or anything you did because of it."]},{"id":"accounts","heading":"Accounts — adults only","body":["UNITED STATES ONLY. This app is offered solely to residents of the United States. It is not offered, marketed or directed to anyone anywhere else, and it is not designed for the laws of any other country. By opening or keeping an account you confirm that you live in the United States. If you do not, please do not use the app; if you already have an account, stop using it and write to us and we will close it. We may close any account we believe is held by someone outside the United States, and using the app from outside the United States is at your own risk and your own responsibility under your local law.","You must be at least 18 years old to have an account. Accounts are personal: one person per account, and you may not share your login. You are responsible for keeping your password safe and for everything done through your account.","The app is intended for adults tracking their own data. Do not create a profile for a child, and do not enter another person's health data into your account.","The owner may suspend or close any account that breaks these terms, and may change, limit or discontinue any feature at any time."]},{"id":"no-warranty","heading":"No warranty and limitation of liability","body":["The app is provided \"as is\" and \"as available\", with no warranty of any kind, express or implied — including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. The app does not promise that it will be available, error-free, uninterrupted, secure, or that any figure, sync, calculation or AI answer is accurate or complete. Data from connected devices and third-party services is provided by them and may be delayed, missing or wrong.","To the fullest extent permitted by law, the app, its owner and everyone who works on it are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of data, profit, health outcome or opportunity, arising from your use of or inability to use the app — even if advised such damages were possible. Where liability cannot be excluded, it is limited to the greater of the amount you paid for the app in the twelve months before the claim, or fifty US dollars.","Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you. Nothing here limits liability for fraud or for anything that cannot lawfully be limited."]},{"id":"indemnity","heading":"You defend, indemnify and hold us harmless","body":["BY USING THIS APP YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS the app, its owner, and everyone who works on it or supplies anything to it, from and against every claim, demand, action, investigation, loss, liability, damage, judgment, fine, penalty, cost and expense — including reasonable attorneys' fees and the cost of defending yourself and us — that arises out of or relates in any way to:","(a) your use of the app, and anything you did or decided not to do because of something you saw in it, including any training, diet, fasting, supplement or medication decision and any injury, health outcome or loss connected to it; (b) anything you upload, enter, link, submit or share, including whether you had the right to share it and whether everyone appearing in it agreed; (c) your breach of these terms or of any promise you made in them; (d) your violation of any law or of anyone else's rights, including privacy, publicity and intellectual-property rights; (e) your interaction or dispute with any other member; and (f) anyone else's use of your account.","We may take over the exclusive defence and control of any matter you would otherwise have to indemnify us for, at your expense, and you agree to cooperate with that defence. You will not settle any such matter in a way that admits fault for us, or that imposes any obligation or payment on us, without our prior written consent.","This obligation is not limited by the liability cap elsewhere in these terms, and it survives you closing your account or these terms ending for any reason."]},{"id":"release","heading":"Release of claims and the time limit to bring one","body":["To the fullest extent permitted by law, you release and forever discharge the app, its owner and everyone who works on it from every claim, demand, cause of action, loss and damage — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way connected to: your use of the app; any decision you made because of it; any injury or health outcome; any data, figure, estimate or AI answer being wrong, missing or delayed; anything another member uploaded or did; and anything a third-party service did or failed to do.","If you are a California resident, you expressly waive California Civil Code section 1542, which reads: \"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.\" You waive any comparable statute or rule in any other jurisdiction.","Any claim you have against the app or its owner must be filed within ONE YEAR after the event giving rise to it, or it is permanently barred, except where a longer period cannot lawfully be shortened.","Nothing in this section releases anyone for fraud, for intentional misconduct, or for anything that cannot lawfully be released."]},{"id":"third-party","heading":"We are not affiliated with any third-party company","body":["WE ARE NOT AFFILIATED WITH ANY OF THEM. This app is an independent product. It is not affiliated with, associated with, connected to, authorised by, endorsed by, sponsored by, certified by, licensed by or in any partnership, joint venture or agency relationship with any third-party company named or referred to anywhere in this app. That includes, without limitation: Oura, Withings, Fitbit, Garmin, Apple, Google and any other device or platform maker; Anthropic (Claude), OpenAI, Google and any other AI provider; Stripe and any other payment processor; YouTube and any other video service; ElevenLabs and any other voice or narration service; and Cloudflare and any other hosting or infrastructure provider.","Every product name, brand, logo and trademark belongs to its owner. We use those names only to describe, factually, which products this app can work with and where your data comes from or goes. Nothing in this app should be read as those companies endorsing, reviewing, approving or standing behind this app, its content, or anything the app tells you — none of them have done so.","We are not a reseller of, agent for, or spokesperson for any of them. We do not make any promise on their behalf and cannot accept a claim that belongs to them. Naming a device or service is not a recommendation that you buy it, and any purchase, subscription or account you take out with them is between you and them.","The app connects to services run by other companies. We do not control them and we are not responsible for what they do: their availability, their accuracy, their pricing, their security or their privacy practices. Your use of those services is governed by their own terms and policies, which you should read.","Data that arrives from a connected device or an outside service is their data. It can be delayed, incomplete, mis-attributed or simply wrong, and we make no promise about it.","If one of those services changes, restricts or shuts down its access, the feature that depends on it may change or disappear, and that is not a breach of these terms."]},{"id":"termination","heading":"Ending your use, and what survives it","body":["You may stop using the app at any time and ask for your account to be deleted. We may suspend or close any account, or withdraw access to any feature, at any time — with notice where practical, and immediately where we believe these terms have been broken or where someone's safety, the app's security, or someone else's rights are at stake.","When your access ends, the licence granted to you ends with it and you must stop using the app and its content. Any fees already paid are handled under the refund terms in force at the time of your purchase.","The sections on medical and professional advice, AI mistakes, privacy, uploads, copyright, assumption of risk, indemnity, release, no warranty, limitation of liability and this section all survive the end of these terms."]},{"id":"general","heading":"General legal terms","body":["These terms, together with any policy they reference, are the entire agreement between you and us about the app, and they replace anything said or written before.","If any part of these terms is held unenforceable, that part is cut back only as far as needed, or removed, and everything else stays in force.","If we do not enforce a right straight away, that is not a waiver of it, and no waiver counts unless it is in writing from us.","You may not assign or transfer these terms or your account to anyone. We may assign them, for example if the app is sold or reorganised.","These terms are between you and us. Nobody else can enforce them.","We are not responsible for delays or failures caused by things outside our reasonable control, including outages at Cloudflare or any other provider, network failures, natural events, or acts of government.","Headings are for convenience only and do not affect the meaning of anything here."]},{"id":"billing","heading":"What it costs, and the AI limits","body":["SUBSCRIPTION: 30 DAYS FREE, THEN $4.99 A MONTH. New members get a 30-day free trial, then a subscription of $4.99 per month (US price; Google Play shows your local price before you subscribe). In the Android app you subscribe through Google Play; on the website, through Stripe. You give a payment method when the trial starts, and the subscription renews automatically every month until you cancel. Subscriptions start with version 1.1 of the Android app; until then, using the app costs nothing.","CANCEL ANY TIME. Cancel before the 30 days are up and you are not charged at all. In the Android app, cancel in Google Play → Payments & subscriptions → Subscriptions; on the website, in Settings → Subscription. Cancelling stops the next renewal and you keep access until the end of the period you have paid for. We do not refund unused part-months except where the law or Google Play’s refund policy requires it.","MEMBERS WHO JOINED WHILE THE APP WAS FREE STAY FREE. Accounts created before subscriptions started are not charged and do not need to subscribe.","PRICE CHANGES. If we change the price we will tell you before it applies to you. In Google Play, a price change follows Google Play’s own rules, which can require your agreement before you are charged the new price.","AI IS NOT INCLUDED — IT RUNS ON YOUR OWN KEY. No AI comes with your account. The AI features are switched off until you connect your own AI provider account (see the next paragraph); everything in the app that is not AI works normally without one. We do keep an AI account of our own, and we are able to switch an individual member onto it, but that is entirely at our discretion, it is off by default, we do not offer it, and nothing here entitles you to it or to any number of free AI requests. If we ever do switch it on for someone it is metered — a small number of AI requests per member per day, shared across every AI feature together (the chat, the help assistant, photo-to-macros, document reading, bloodwork comparison and coaching all draw from the same allowance), plus a ceiling across all members together; when either runs out those features pause until it refills over the following 24 hours. We may change, cap or withdraw that at any time.","YOUR OWN AI KEY. You can connect your own AI provider account in Settings → AI. Then you are not subject to our limits, you may choose any model the app offers, and you pay that provider directly for what you use. We never see or charge you for that — it is between you and them. SET A SPEND LIMIT ON ANY KEY YOU CONNECT, in your provider's own dashboard, before you connect it. We cannot cap your provider's spending for you.","WHAT YOU GET. Access to the app as it is at any given moment. Features are added, changed and removed over time (see “as is” above) — that is the point of the experiment, not a defect in it. Nothing here is a promise that any particular feature will exist tomorrow.","CLOSING YOUR ACCOUNT. You can delete your account and its data yourself at any time, from Settings → Delete your account, or from https://ai-upgrade.me/delete-account. Deletion is immediate and there is no undo, so save anything you want to keep first. If you cannot sign in, write to AIupgradeMe@gmail.com from the address on the account. Deleting your account does NOT cancel a Google Play subscription — cancel that in Google Play as well, or Google will keep billing you."]},{"id":"disputes","heading":"If there is a dispute: talk to us first","body":["TALK TO US FIRST. Before you start an arbitration or any legal action, you agree to email AIupgradeMe@gmail.com describing the problem and what you want, and to give us 30 days to try to sort it out with you. Most problems are a misunderstanding or something we can simply fix, and this step usually ends them. We will do the same before bringing anything against you.","GOVERNING LAW. These terms, and any dispute arising out of them or out of the app, are governed by the laws of the State of California, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The arbitration section below is governed by the Federal Arbitration Act.","WHERE A CASE IS HEARD. For any claim that is not resolved in arbitration — because it is carved out below, because you opted out, or because the arbitration section is held not to apply — the claim must be brought exclusively in the state or federal courts located in California. You and we each consent to the personal jurisdiction of those courts and waive any objection that they are an inconvenient forum.","Nothing here takes away a right you have under a law that cannot be overridden by agreement, including California's consumer protection laws and, if you live outside the United States, the mandatory consumer laws of the place you live."]},{"id":"arbitration","heading":"Binding arbitration, class-action waiver and jury waiver — please read","body":["PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT. IT MEANS YOU GIVE UP YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO TAKE PART IN A CLASS ACTION. YOU CAN OPT OUT WITHIN 30 DAYS — SEE THE END OF THIS SECTION.","AGREEMENT TO ARBITRATE. Except for the claims carved out below, you and we agree that any dispute, claim or controversy arising out of or relating to these terms, the app, your account, your data or your relationship with us — whether based on contract, tort, statute, fraud or any other theory — will be resolved by BINDING INDIVIDUAL ARBITRATION rather than in court. This section is governed by the Federal Arbitration Act.","WHO CAN USE THIS SECTION. Only you and we are bound by, or may invoke, this section — it is part of a contract between you and us, and a person without an account, or who never accepted these terms, has no rights under it. Accounts are for United States residents only (see above). IF SOMEONE OUTSIDE THE UNITED STATES NONETHELESS HOLDS AN ACCOUNT, THIS ARBITRATION SECTION DOES NOT APPLY to them or to us: their disputes go to the California courts named in the section above, and nothing in this section obliges us to arbitrate abroad or to fund an arbitration anywhere.","HOW ARBITRATION WORKS. The arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are published at adr.org. One neutral arbitrator decides the case. The arbitrator must follow these terms and may award the same individual relief a court could, including any attorneys' fees a statute provides for. The decision is final and may be entered as a judgment in any court with jurisdiction. Arbitration is less formal than court: there is no judge or jury, information-gathering is more limited, and appeal rights are very limited.","WHERE AND HOW. You may choose to have the arbitration held in the county where you live, conducted by telephone or video, or decided on written submissions alone. We will never ask you to travel outside the county where you live.","WHO PAYS. Arbitration fees are split the way the AAA Consumer Arbitration Rules say they must be, and nothing here asks you to pay more than those rules allow — under them your share is capped and the business pays the rest, so cost is not a reason you cannot bring a claim. We do not take on any fee beyond what those rules put on us. If the arbitrator finds a claim was frivolous or brought for an improper purpose, its fees shift to the person who filed it, so far as the rules and the law allow. Each side pays its own attorneys' fees, except where a statute or these terms provide differently. If you genuinely cannot afford your share, tell us before you file and we will not use the fee as a reason your claim cannot go ahead.","CLASS-ACTION WAIVER. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not combine more than one person's claims and may not preside over any class or representative proceeding. If this waiver is held unenforceable as to a particular claim or a particular request for relief, then that claim or request — and only that one — is severed out and heard in the courts named above, while everything else remains in arbitration.","JURY WAIVER. By agreeing to arbitration, you and we each give up the right to a jury trial. To the fullest extent permitted by law, you and we each also waive the right to a jury trial for any claim that is instead heard in court.","WHAT IS NOT ARBITRATED. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may ask a court for an injunction or other equitable relief to stop actual or threatened infringement or misuse of intellectual property. And a claim for PUBLIC INJUNCTIVE RELIEF is not arbitrated and is not waived — it may be brought in court, and any such claim is paused while the arbitration of the other claims is completed.","MANY SIMILAR DEMANDS AT ONCE. If twenty-five (25) or more arbitration demands raising similar claims are filed against us by, or with the assistance of, the same law firm or coordinated group, the demands proceed in batches: the claimants' side and ours each select five (5) demands to go forward first, and every other demand is paused — with its filing deadlines paused too — until that first batch is finally resolved, after which the process repeats. AAA fees are payable only for demands actually going forward, and a court may enforce this paragraph by pausing the rest. This exists so a coordinated mass filing resolves real disputes instead of running up fees.","HOW TO OPT OUT — YOU HAVE 30 DAYS. You can decline this whole section, including the class-action waiver, by emailing AIupgradeMe@gmail.com with the subject \"Arbitration opt-out\" and the email address on your account, within 30 days of the day you first accept these terms. Opting out is free, does not affect your account in any way, and leaves the rest of these terms in force — your disputes would then go to the California courts named above. If you do not opt out within 30 days, this section binds you.","This section survives the end of these terms and the closing of your account. If any part of it other than the class-action waiver is held unenforceable, that part is severed and the rest stays in force."]},{"id":"california-notice","heading":"Notice for California users","body":["Under California Civil Code section 1789.3, California users are entitled to this notice. This service is provided by the owner of AI-Upgrade-Me, who can be reached at AIupgradeMe@gmail.com. The price of the service is shown before you subscribe and is charged as described at checkout.","To file a complaint about this service, or to receive further information about its use, write to us at the address above. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254."]},{"id":"feedback","heading":"Feedback you send us","body":["If you send us an idea, suggestion, bug report or feature request, we may use it freely — to build, change or market the app — without owing you payment, credit or confidentiality. Please do not send us anything you want to keep as your own secret or property."]},{"id":"changes","heading":"Changes to these terms","body":["These disclosures may be updated. When they change materially, this notice is shown again and you will be asked to agree to the new version before continuing. The version you accept is recorded with your account. You can re-read this document any time from Settings, and if you do not agree to a future version you can stop using the app and ask for your account to be deleted."]}]}