Terms of Service

Effective date

Effective date: 15 August 2026. Last updated: 15 August 2026.

1. The Service

APYX is a personal health and fitness application that helps you view and organize activity, recovery, sleep, nutrition, goals, habits, and related insights. Optional APYX Pro features may include AI insights, AI Coach chat, AI food scanning, advanced customization, and other premium capabilities described in the app.

• Integration with Apple Health (HealthKit)
• On-device storage of your logs, profile, habits, notes, and chats
• Optional account sign-in for sync, Pro entitlement, and server AI features
• Apple Watch companion experiences and Home Screen widgets
• Local notifications you choose to enable

We may change, suspend, or discontinue features at any time, including for maintenance, security, legal, or product reasons.

2. Eligibility

You must be able to form a binding contract under applicable law. If you are under the age of majority where you live, you may use the Service only with permission of a parent or legal guardian who agrees to these Terms on your behalf. The Service is not directed to children under 13 (or the minimum age required in your country).

3. Accounts

Some features require an APYX account (email and password). You agree to:

• Provide accurate registration information
• Keep your credentials confidential
• Notify us promptly of unauthorized use of your account
• Be responsible for activity under your account

We may refuse, suspend, or terminate accounts that violate these Terms, appear fraudulent, or create risk to the Service or other users.

You may delete your account in the app (Settings / Account). Deletion removes server account data as described in the Privacy Policy and wipes local APYX data on that device. Uninstalling the app alone may not delete server data.

4. Apple Health and permissions

Certain features need permission to read and/or write Apple Health data and, for food scanning, camera access. You control these permissions in iOS Settings. Health data is used to power the Service as described in the Privacy Policy. You are responsible for the accuracy of data in Apple Health and for what you choose to share with APYX. If you revoke permissions, related features may stop working.

5. Free and Pro features

5.1 Free use

Basic on-device features may be available without a paid subscription. Availability can change.

5.2 APYX Pro

Pro unlocks premium features such as AI coaching, AI insights, food scanning, and other capabilities shown in the paywall. Pro may be obtained by:

• Purchasing a subscription through Apple In-App Purchase, and/or
• A server-side entitlement linked to your signed-in account (for example, a website- or admin-granted Pro status)

Server AI features generally require both an active Pro entitlement and a signed-in account.

5.3 Apple subscriptions

If you buy through Apple:

• Payment is charged to your Apple ID account
• Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period
• Manage or cancel in your Apple ID subscription settings
• Pricing and plans (for example monthly or annual) are shown in the app at purchase time and may vary by region (including local currency such as SAR where applicable)
• Refunds for Apple purchases are handled by Apple under Apple’s terms and refund policies. We cannot directly refund App Store charges.

5.4 Restore purchases

Use “Restore” in the app to re-apply eligible Apple purchases on your devices signed in with the same Apple ID.

6. AI features

When you use AI features (insights, coach, food scanner):

• Selected inputs (metrics summaries, messages, photos/descriptions, language preference) are processed via our servers and AI providers to generate outputs
• Outputs are estimates and suggestions only
• Food-scan nutrition values can be wrong; verify important logging decisions yourself
• Coach and insight text can be incomplete, outdated, or incorrect
• Do not rely on AI for medical, emergency, or clinical decisions
• You must not use AI features to seek diagnosis, treatment plans for serious conditions, or emergency help. In an emergency, contact local emergency services.
• We may apply rate limits, safety filters, or usage caps to protect the Service and manage costs.

7. Health disclaimer (important)

APYX is not a medical device and does not provide medical advice, diagnosis, or treatment. Scores, readiness metrics, sleep analysis, nutrition estimates, biomarkers, AI responses, and similar content are for informational and wellness purposes only. They are not a substitute for professional medical advice. Always consult a qualified healthcare professional before making health decisions. If you think you may have a medical emergency, seek urgent care immediately. You assume full responsibility for how you interpret and act on information from the Service.

8. Acceptable use

You agree not to:

• Violate law or third-party rights
• Attempt to reverse engineer, scrape, or disrupt the Service except where allowed by law
• Probe or attack our systems, or bypass usage limits or Pro gating
• Upload unlawful, harmful, or abusive content
• Impersonate others or misrepresent your affiliation
• Use the Service to develop competing models by systematically extracting AI outputs at scale
• Share account credentials or sell access to your account
• Use HealthKit-derived data from APYX for advertising or in ways prohibited by Apple

We may investigate and take action, including suspension or termination, for violations.

9. Your content

You retain rights to content you create in APYX (notes, goals, logs, chat messages, photos you submit). You grant us a limited license to host, process, transmit, and display that content solely to operate and improve the Service (including AI processing you request), consistent with the Privacy Policy. You represent that you have the rights needed to submit that content and that it does not violate law or others’ rights.

10. Intellectual property

The Service—including software, design, trademarks, logos, and branding—is owned by us or our licensors. These Terms do not transfer ownership to you. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial purposes on Apple devices you own or control, as permitted by the App Store terms.

11. Third-party services

The Service depends on third parties, including:

• Apple (App Store, HealthKit, StoreKit, notifications, device OS)
• Cloud providers such as Supabase and our application backend
• AI providers (for example OpenAI) for Pro AI features

Their services are subject to their own terms and policies. We are not responsible for third-party outages, policy changes, or actions outside our reasonable control.

12. App Store terms

If you download APYX from the Apple App Store, you also agree that:

• These Terms are between you and us, not Apple
• Apple has no obligation to provide maintenance or support for the Service
• In the event of a failure to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) to the maximum extent required by law; to the maximum extent permitted by law, Apple has no other warranty obligation
• Apple is not responsible for addressing claims relating to the Service or your possession/use of it, including product liability, legal compliance, or consumer protection claims
• Apple is not responsible for investigating, defending, settling, or discharging third-party intellectual property claims
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you

13. Availability and accuracy

We strive for reliable operation but do not guarantee uninterrupted or error-free Service. Health metrics depend on Apple Health, your devices (including Apple Watch), and your usage patterns. AI and scoring features may be delayed, unavailable, or inaccurate. We may update the app and require you to install updates to continue using certain features.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE SECURE, OR THAT DATA WILL NEVER BE LOST. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; IN THOSE PLACES, DISCLAIMERS APPLY ONLY TO THE EXTENT ALLOWED.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APYX AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) 200 SAR. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW (INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH EXCLUSION IS PROHIBITED).

16. Indemnity

To the maximum extent permitted by law, you agree to defend and indemnify us against claims, damages, losses, and expenses (including reasonable legal fees) arising from your misuse of the Service, your content, or your violation of these Terms or applicable law.

17. Termination

You may stop using the Service at any time and may delete your account as described above. We may suspend or terminate access if you breach these Terms, if required by law, or if we discontinue the Service. Upon termination, your license ends. Sections that by nature should survive (including health disclaimer, IP, disclaimers, liability limits, indemnity, and governing law) will survive.

18. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new “Last updated” date. Continued use after changes become effective constitutes acceptance, except where local law requires additional consent. If you do not agree, stop using the Service and delete your account.

19. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
• Severability. If a provision is unenforceable, the rest remains in effect.
• No waiver. Failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Language. We may provide translations for convenience; if there is a conflict, the English version controls unless local law requires otherwise.

20. Contact

Questions about these Terms: Email: apyxfitness@gmail.com