Terms of Service & End User License Agreement

Effective date: [EFFECTIVE DATE] Last updated: [EFFECTIVE DATE]

DRAFT — not legal advice. This document is a starting point and must be reviewed by a qualified attorney before publication — especially the medical disclaimer, subscription, disclaimer, limitation-of-liability, and governing-law sections. Fill in every [BRACKETED] value.

These Terms of Service and End User License Agreement (the “Terms”) are a binding agreement between you and Andrew Pierce (“we,” “us,” “our”) governing your use of the Mike application (“Mike,” the “App”) and the website coachmike.app. By downloading, accessing, or using Mike, you agree to these Terms. If you do not agree, do not use Mike.

1. The service

Mike is a fitness and nutrition coaching application. It provides training programs, nutrition and calorie guidance, progress tracking, and an AI-powered coach you can chat with. Mike is a tool to support your own decisions — it is not a substitute for professional advice.

2. Health and medical disclaimer

Read this carefully.

Mike provides general fitness and nutrition information for educational and motivational purposes only. It is not medical advice, diagnosis, or treatment, and it is not a substitute for consultation with a qualified physician, registered dietitian, or other healthcare professional.
Consult your physician before starting any exercise or nutrition program, especially if you are pregnant or nursing, have a medical condition, an eating disorder or a history of one, take medication, or have any concern about your health.
Exercise and dietary changes carry inherent risks, including injury. You assume full responsibility for your use of Mike and for any activities you undertake. Stop and seek medical attention if you experience pain, dizziness, or other symptoms.
If you are experiencing a medical emergency, call your local emergency number immediately. Do not rely on Mike for emergencies.

3. AI-generated content

Mike’s coach uses artificial intelligence (including third-party AI services) to generate responses, plans, and estimates (such as calories from meal photos). AI-generated content can be inaccurate, incomplete, or inappropriate for your situation. Calorie and nutrition estimates are approximations. Use your own judgment, and do not rely on Mike for decisions that require professional expertise.

4. Eligibility

You must be at least [13 / your minimum age] years old (or the age of digital consent in your jurisdiction) to use Mike. By using Mike you represent that you meet this requirement and that the information you provide is accurate.

5. Subscriptions, billing, and cancellation

Some features require a paid, auto-renewing subscription purchased through the Apple App Store.

Billing. Payment is charged to your Apple Account at confirmation of purchase. Your subscription automatically renews at the then-current price for the same period unless you cancel at least 24 hours before the end of the current period.
Free trials / introductory offers. If offered, any unused portion of a free trial is forfeited when you purchase a subscription. Introductory pricing applies as described at purchase; the subscription renews at the standard price thereafter.
Managing and cancelling. Manage or cancel your subscription in your Apple Account settings (Settings → your name → Subscriptions). We cannot cancel or refund App Store purchases on your behalf.
Refunds. Purchases are handled by Apple and are subject to Apple’s refund policies. Except where required by law, subscriptions are non-refundable.
Price changes. We may change subscription prices; changes apply to future billing periods, and where required, we (or Apple) will notify you and obtain any consent the App Store requires.

6. License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use one copy of Mike on Apple devices that you own or control, for your personal, non-commercial use, as permitted by the App Store Terms of Service. You may not copy, modify, reverse-engineer, distribute, sell, or sublicense the App except as allowed by law.

7. Your content

You retain ownership of the content you provide (chat messages, photos, logs). You grant us a limited license to process and store that content solely to operate and provide the App to you (including transmitting it to the service providers described in our Privacy Policy). You are responsible for the content you submit and represent that you have the right to submit it.

8. Acceptable use

You agree not to: use Mike for any unlawful purpose; attempt to gain unauthorized access to our systems; interfere with or overload the service; circumvent rate limits, security, or usage restrictions; or use the App to build a competing product.

9. Intellectual property

Mike, including its software, design, “Mike” name and character, text, and graphics, is owned by us or our licensors and is protected by intellectual-property laws. These Terms grant you no rights to our trademarks or branding.

10. Third-party services

Mike relies on third-party services (including Apple, Anthropic, and a food-database provider). Your use of those services may be subject to their terms, and we are not responsible for third-party services or content.

11. Disclaimers

Except as required by law, Mike is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that its content or estimates are accurate.

12. Limitation of liability

To the maximum extent permitted by law, Andrew Pierce and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from your use of Mike. Our total liability for any claim relating to the App will not exceed the greater of [AMOUNT, e.g., US $50] or the amount you paid us for the App in the [12] months before the claim. [Some jurisdictions do not allow certain limitations; adjust with counsel.]

13. Indemnification

You agree to indemnify and hold harmless Andrew Pierce from claims and expenses arising out of your misuse of the App or your violation of these Terms or applicable law.

14. Termination

We may suspend or terminate your access if you violate these Terms. You may stop using Mike at any time by deleting the App. Sections that by their nature should survive termination (including Sections 2, 3, 7–13, and 16) will survive.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date and, where appropriate, by notice in the App. Continued use after an update means you accept the revised Terms.

16. Governing law and disputes

These Terms are governed by the laws of [GOVERNING JURISDICTION — e.g., the State of ___, USA], without regard to conflict-of-laws rules. [ADD your chosen dispute-resolution approach — e.g., venue, arbitration, or class-action waiver — with counsel, and confirm consumer-protection carve-outs for your users’ regions.]

17. Apple App Store — additional terms

These Terms are between you and Andrew Pierce only, not with Apple. Apple is not responsible for the App or its content. To the extent required by Apple:

The license granted in Section 6 is limited to use on Apple-branded devices you own or control and as permitted by the Apple Media Services Terms and Conditions.
We, not Apple, are solely responsible for the App, its content, maintenance and support, and any product warranties, and for addressing any claims that the App fails to conform to legal or regulatory requirements.
We, not Apple, are responsible for addressing any third-party claim that the App or your use of it infringes that party’s intellectual-property rights.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and that you are not on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

18. Contact

Questions about these Terms: Andrew Pierce Email: [CONTACT EMAIL] [BUSINESS ADDRESS, if applicable]