Introduction

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using The Pivot App (the “Pivot”, “The Pivot app”), operated by Healthspan Culture FZCO (“us”, “we”, or “our”).

The Pivot subscription provides full access to the Pivot app, and all its data, which provides bespoke nutrition insights based on your lifestyle and activities. The Pivot app offers two subscription options – monthly and annual. Pricing information for each membership can be found on https://thepivotapp.ai/

1. Acceptance of Terms

By using the Pivot app, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the app. We reserve the right to modify these Terms at any time without prior notice. Continued use of the app following any changes constitutes acceptance of the new Terms.

We may modify this Agreement, the Privacy Policy, Content and/or the Services at any time and such modification will be effective upon posting such modifications to the Services. By continuing to access or use the Services after such modification, you are agreeing to be bound by the modified Agreement, Privacy Policy, Content and/or the Services, as applicable. This Agreement will apply to your use of the Services in conjunction with a Subscription.

2. Registration

In order to use the Subscription, you must subscribe, pay any applicable subscription fees (“Subscription Fees”) as and when due, and create an account (“Account”). You agree to provide true, accurate and complete information and keep your Account information current and updated.

3. User Responsibilities

You are responsible for ensuring that the personal data you provide, including preferences and WHOOP data, is accurate. You agree not to misuse the app by providing false information or engaging in unlawful activities. The Pivot app is intended for personal use only.

You are solely responsible for any and all activities that occur under your Account or password, and for keeping your Account password confidential and secure. You may never use another person’s account or registration information for the Services without permission. You agree to notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account or password. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. The Pivot app will not be liable for any loss or damage arising from your failure to comply with this Section.

4. App Description

The Pivot app utilizes its proprietary algorithm to generate your daily target calories for consumption and macronutrient splits based on your fitness goals. It further integrates with AI providing daily meal recommendations with listed ingredients. These are based on your cuisine preferences and dietary restrictions and constrained within your macronutrient and calorie targets.

The Services provided, and its intended use is for wellness and lifestyle purposes only. So that we may safely and responsibly manage our website and mobile applications for all of our users, your use of the Services is subject to this Agreement and the Privacy Policy.

5. Use of the Services

The Pivot app’s software, text, graphics, images, data, and other technology and material are made available to you through the Services (collectively referred to as the “Content”). The Services and Content include proprietary and third-party advanced technologies, such as artificial intelligence, machine learning systems, and similar technology and features (together, “AI Technology”), including third party large language models (“LLM”).  AI Technology made available in the Services includes the Pivot app’s Chat. Subject to this Agreement and your Membership, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license to access and use (i.e., to download and display locally) the Content and the software and applications made available through the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our licensors, partners, sponsors, or affiliates. The Services are for personal use only and may not be used in connection with any commercial endeavors.

6. Use of Whoop Data

The Pivot app relies on data provided by your WHOOP device, including but not limited to calories burned, sleep performance, activity data and recovery scores. We do not control or guarantee the accuracy of the data provided by WHOOP. As a result, any discrepancies in WHOOP’s data may affect the Pivot app's outputs. You understand that the Pivot app is intended to be used as a reference tool, and all recommendations are estimations based on data that may not be 100% precise.

7. Intellectual Property

All content, algorithms, and proprietary software within the Pivot app are the intellectual property of the Pivot app’s creators. You agree not to copy, reproduce, distribute, or create derivative works based on the content of this app without explicit written permission from the developers.

8. Not Medical or Professional Advice

The Pivot app provides nutritional insights and meal suggestion guidelines based on WHOOP data and our proprietary algorithm. These recommendations are for informational purposes only and are not intended to diagnose, treat, cure, or prevent any medical condition. The Pivot app does not offer medical or professional advice. Always seek the advice of a qualified healthcare provider before making any major dietary or health-related decisions.

9. Limitation of Liability

The Pivot app’s creators and developers make no guarantees regarding the accuracy, completeness, or reliability of the information provided. By using the Pivot app, you agree that we are not responsible or liable for any indirect, incidental, special, or consequential damages arising from your use of the Pivot app, including but not limited to health outcomes, weight loss, or fitness achievements. All recommendations provided by the Pivot app should be considered as guidelines only.

10. Privacy

Your privacy is important to us but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

The Pivot app collects and processes personal information, including WHOOP data, as outlined in our Privacy Policy. By using the Pivot app, you consent to the collection, use, and storage of your personal information as described in the policy.

11. Termination

We reserve the right to terminate or suspend your access to the Pivot app at any time, with or without cause or notice, if we believe you have violated these Terms or if we are required to do so by law.

You must maintain an active Membership to continue using the Services, after the first month’s free trial period. This Agreement and your Membership may be renewed for additional Membership periods pursuant to the Membership purchased. If you do not maintain an active Membership and pay all Membership Fees when due, this Agreement shall terminate.

If you have obtained a free Subscription, the Pivot app reserves the right at any time to modify or discontinue, temporarily or permanently, such free Membership, your Account and your access to the Services with or without notice. Unless otherwise stated, all Membership Fees are non-refundable, even if you stop using the Services. In the case of a monthly Membership, you authorize the Pivot app to charge your credit card after each one (1) month pre-paid period ends.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of Dubai Integrated Economic Zones Authority (DIEZA) and International Free Zone Authority (IFZA) Dubai, United Arab Emirates, without regard to its conflict of law principles. Any disputes arising from the use of the app shall be resolved exclusively in the courts of Dubai, United Arab Emirates.

13. Support

For any questions or concerns regarding these Terms, please contact us at support@thepivotapp.ai or directly via our contact form on our website thepivotapp.ai

By using the Pivot app, you acknowledge that you have read, understood, and agreed to these Terms of Service.