Terms of Use

Effective Date: May 20, 2026

These Terms of Use ("Terms") are a binding agreement between you and [LEGAL ENTITY NAME] ("BackNine," "we," "us," or "our") governing your access to and use of the BackNine application, website, and related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Please also read our Privacy Policy and our Medical & Health Disclaimer, which are part of these Terms.

1. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 or older and that you have the legal capacity to enter into these Terms.

2. What BackNine is — and is not

BackNine is a personal health and fitness dashboard for general informational and entertainment purposes only. It helps you view and organize data from wearables and your own logs, connect with friends, and receive automated, AI-generated suggestions.

BackNine is not a medical provider and does not provide medical advice, diagnosis, or treatment. You must read and agree to the Medical & Health Disclaimer, which is incorporated into these Terms. Among other things, you agree to consult a qualified healthcare professional before beginning or changing any exercise program or diet, and you assume all risks associated with any activity you choose to undertake.

3. Your account

To use most features you must create an account, which may involve signing in with an email address or a third-party login (such as Google) and connecting a wearable such as an Oura Ring. You agree to provide accurate information and to keep it up to date. You are responsible for maintaining the security of your account and for all activity that occurs under it. Notify us promptly at [CONTACT EMAIL] if you suspect any unauthorized use.

4. Acceptable use

You agree not to:

• use the Service for any unlawful, harmful, or fraudulent purpose;
• harass, threaten, abuse, impersonate, or harm other users, including through messages, comments, group chats, reviews, or challenges;
• post or share content that is illegal, defamatory, obscene, infringing, or that you do not have the right to share;
• attempt to access another user's account or data without authorization;
• interfere with, disrupt, overload, reverse-engineer, scrape, or attempt to gain unauthorized access to the Service or its systems;
• misuse the AI features (including attempts to extract another person's data or generate harmful content); or
• use the Service to provide medical, health, or professional advice to others.

We may suspend or terminate accounts that violate these Terms.

5. User content and community features

The Service lets you create content such as workouts, weigh-ins, meals, mood check-ins, profile details, gear reviews, comments, and messages, and to share certain information with friends, groups/crews, leaderboards, and challenges ("User Content").

You retain ownership of your User Content. By submitting User Content, you grant [LEGAL ENTITY NAME] a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and use that content solely to operate, provide, and improve the Service (for example, to show your activity to friends you connect with, to generate leaderboards, or to display your gear reviews to the community). You are responsible for your User Content and represent that you have the rights to share it.

When you connect with friends or join a group, certain information (such as your display name, activity milestones, scores, streaks, and messages you send) will be visible to those people. Be thoughtful about what you choose to share.

6. AI features ("Coach Al")

The Service includes automated, AI-generated features such as chat, weekly insights, daily briefings, goal plans, workout and meal parsing, and gear suggestions. To provide these, your inputs (for example, chat messages, descriptions, or meal photos) and certain health data may be sent to our third-party AI provider for processing (see the Privacy Policy).

AI output may be inaccurate, incomplete, or unsuitable for you, is provided for informational and entertainment purposes only, and is not professional advice. You are solely responsible for how you use it, and you agree to consult a qualified professional before acting on health-related output.

7. Third-party services and wearables

The Service integrates with third-party products and services, including the Oura Ring, Apple Health (via tools such as Health Auto Export), authentication providers, and others. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. We do not control and do not guarantee the accuracy, availability, or security of third-party data or services. Connecting a third party authorizes us to receive and process data from it as described in the Privacy Policy.

8. Gear store and affiliate links

The Service may recommend products and link to third-party merchants. Some links may be affiliate links, meaning we could earn a commission if you make a purchase, at no additional cost to you. We do not sell these products, do not guarantee them, and are not responsible for third-party merchants or your transactions with them. Recommendations are informational only and are not medical or professional advice.

9. Intellectual property

The Service, including its software, design, text, graphics, and branding (but excluding User Content and third-party content), is owned by [LEGAL ENTITY NAME] and its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial use, subject to these Terms. You may not copy, modify, distribute, sell, or create derivative works from the Service without our permission.

10. Disclaimers of warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DATA OR AI OUTPUT WILL BE ACCURATE OR RELIABLE. YOU USE THE SERVICE AT YOUR OWN RISK.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, [LEGAL ENTITY NAME] AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR HEALTH OUTCOMES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless [LEGAL ENTITY NAME] and its owners, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms or applicable law.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or to protect the Service or other users. Provisions that by their nature should survive termination will survive.

14. Changes to the Service and these Terms

We may modify or discontinue the Service, in whole or in part, at any time. We may also update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, by posting the updated Terms with a new Effective Date or notifying you in the app). Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Section 16, you and we agree that any dispute will be resolved exclusively in the state or federal courts located in California, and you consent to their jurisdiction.

16. Dispute resolution and arbitration (optional — under review)

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally may be resolved by binding individual arbitration, rather than in court, except that either party may bring claims in small-claims court. Where this section applies, you and we waive the right to a jury trial and to participate in a class action. (The specific arbitration terms are being finalized; until then, Section 15 governs.)

17. Miscellaneous

These Terms, together with the Privacy Policy and Medical & Health Disclaimer, are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

18. Contact

Questions about these Terms can be sent to [CONTACT EMAIL].