Zodiac Fit — Terms of Service (EULA)

Effective Date: October 9, 2025
Owner/Publisher: ToughWing ("we", "us", "our")
Contact: support@toughwing.app

These Terms of Service ("Terms") govern your use of the Zodiac Fit mobile application ("App"). By downloading, installing, or using the App, you accept these Terms. If you do not accept, do not use the App.

For our data practices, please see the Privacy Policy section.

1. Age and Eligibility

The App is rated 9+ years in most regions (see Privacy Policy for regional variations). By using the App, you confirm you meet the minimum age requirement for your region.

Health Data Warning: As the App collects health and nutrition information, it is strongly recommended that users under 13 use it with explicit parental/guardian consent. We comply with COPPA (Children's Online Privacy Protection Act) requirements.

2. License and Usage

We grant you a personal, non-exclusive, non-transferable, non-sublicensable license to use the App in accordance with these Terms and applicable laws.
You may not reverse engineer, extract source code, disassemble, modify, create derivative works, rent, sell, distribute, or exploit the App or any portion thereof.

3. Apple App Store and Google Play Store Terms

3.1 Licensed Application and Applicable Terms

Zodiac Fit is made available through the Apple App Store and Google Play Store. Apps distributed via these platforms are licensed, not sold, to you.

IMPORTANT — Platform-Specific Terms:

iOS Users (Apple App Store): Your use of Zodiac Fit is governed by Apple's Standard End User License Agreement (Standard EULA), available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. These Terms of Service supplement Apple's Standard EULA for additional app-specific terms.
Android Users (Google Play Store): Your use of Zodiac Fit is governed by these Terms of Service along with Google Play Terms of Service.

3.2 Scope of License

ToughWing grants you a nontransferable license to use Zodiac Fit on:

Any Apple-branded products you own or control (iPhone, iPad) as permitted by Apple's Usage Rules
Any Android devices you own or control as permitted by Google Play Terms of Service

You may not: distribute the App over a network for multi-device simultaneous use, transfer/redistribute/sublicense the App, or if selling your device, you must remove the App first.

3.3 Apple's Role and Third-Party Beneficiary (iOS)

For users who downloaded the App from the Apple App Store:

Your license to use Zodiac Fit is granted by ToughWing, not Apple
Apple is a third-party beneficiary of Apple's Standard EULA and has the right to enforce it against you
Apple has no obligation to provide maintenance, support services, or warranty for Zodiac Fit
Apple is not responsible for:
- The App itself, its content, or your use of it
- Any claims relating to product liability
- Failure to comply with legal or regulatory requirements
- Claims under consumer protection or similar legislation
- Intellectual property infringement claims
All inquiries or complaints regarding the App should be directed to ToughWing at support@toughwing.app, not Apple

Note: The terms and conditions outlined in Apple's Standard EULA (available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) apply in full to iOS users.

3.4 Google Play Terms (Android)

For users who downloaded the App from Google Play Store:

Your license is granted by ToughWing, not Google
Google has no responsibility or liability related to Zodiac Fit or this Agreement
Google Play Terms of Service apply to your download and use

3.5 Export Restrictions

You may not use or export the App except as authorized by U.S. law and the laws of the jurisdiction where obtained. The App may not be exported or re-exported:

(a) Into any U.S.-embargoed countries
(b) To anyone on the U.S. Treasury Department's Specially Designated Nationals List or U.S. Department of Commerce Denied Persons List/Entity List

By using the App, you represent you are not in such countries or on such lists, and will not use the App for purposes prohibited by U.S. law (including development of nuclear, missile, chemical, or biological weapons).

4. Account and Authentication

The App may support Sign-In with Apple/Google. You are responsible for keeping your credentials secure and for all activities under your account.
If you suspect unauthorized use, contact support@toughwing.app.

3.1 Device Security and Jailbreak/Root Warning

The App uses your device to process and store personal data you provide. It is your responsibility to ensure the security of your phone and access to the App.

⚠️ IMPORTANT SECURITY WARNING:

The Service Provider strongly advises against jailbreaking (iOS) or rooting (Android) your phone. These processes:

Remove software restrictions and limitations imposed by your device's official operating system
May expose your phone to malware, viruses, and malicious programs
May compromise your phone's security features
May cause the App to malfunction or not work at all

ToughWing cannot be held responsible for security breaches or data loss resulting from App usage on jailbroken/rooted devices.

4. Internet Connection and Data Usage

4.1 Internet Requirements

The Service Provider notes that it is not responsible for certain matters:

Some features of the App require an active internet connection (Wi-Fi or mobile data)
If you do not have Wi-Fi access or have exhausted your data quota, the App may not work at full capacity
The Service Provider cannot be held responsible for the App not functioning due to lack of internet connection

4.2 Mobile Data Charges and Roaming

If you are using the App outside a Wi-Fi area:

Your mobile network provider's agreement terms continue to apply
You may be charged by your mobile operator for data usage during App connection
Other third-party charges may occur
By using the App, you accept responsibility for such charges

⚠️ Roaming Warning:

If you are using the App outside your home region (country/territory)
If you use it without disabling data roaming
You are responsible for all charges including roaming data charges

If You Are Not the Bill Payer:
If you are not the bill payer for the device on which you are using the App, we assume you have obtained permission from the bill payer

4.3 Device Maintenance and Battery Responsibility

The Service Provider cannot always be responsible for your use of the App:

It is your responsibility to keep your device charged
If your device's battery runs out and you cannot access the Service
The Service Provider cannot be held responsible

5. Health Disclaimer and Liability Waiver

⚠️ IMPORTANT HEALTH WARNING — AI-GENERATED CONTENT

The App provides general nutrition and diet information. This information IS NOT MEDICAL ADVICE and should not be used for the diagnosis or treatment of any health condition.

AI/LLM-Generated Content: Dietary recommendations and nutrition advice provided by the App are generated using Large Language Models (LLMs) and artificial intelligence technology. These AI-generated recommendations have NOT been reviewed, verified, or approved by licensed healthcare professionals, registered dietitians, or nutritionists.
No Medical Validation: AI responses may contain inaccuracies, outdated information, or recommendations that may not be suitable for your specific health condition, medications, allergies, or dietary restrictions.
Mandatory Medical Consultation: Before starting any diet program or following AI-generated recommendations, you must consult with a qualified healthcare professional, registered dietitian, or licensed nutritionist.
Professional Advice Required: The App does not replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition or diet plan.
General Recommendations Only: Weight loss/gain recommendations and calorie targets are general estimates based on algorithms and may not be appropriate for your individual circumstances.
Special Circumstances: If you have allergies, chronic illness, diabetes, heart disease, eating disorders, are pregnant, breastfeeding, taking medications, or have any health concerns, do not use this App without explicit approval from your doctor.
Individual Differences: Every individual's metabolism, health status, and nutritional needs are different. Results may vary significantly from person to person.
Emergency Situations: If you experience any adverse health effects, symptoms, or medical emergencies, stop using the App immediately and seek professional medical attention.

TOUGHWING, ITS DEVELOPERS, AND AI SERVICE PROVIDERS (INCLUDING OPENAI) CANNOT BE HELD RESPONSIBLE FOR ANY HEALTH ISSUES, INJURIES, OR ADVERSE EFFECTS ARISING FROM APP USAGE, AI-GENERATED RECOMMENDATIONS, OR RELIANCE ON APP CONTENT. USE AT YOUR OWN RISK.

6. Third-Party Information and Accuracy

Regarding the Service Provider's responsibility for your use of the App:

We make efforts to ensure the App is always up-to-date and accurate
However, we rely on third parties to provide you with information (OpenFoodFacts, OpenAI, etc.)
We accept no liability for any direct or indirect losses you experience as a result of relying entirely on this functionality

Specifically:

OpenFoodFacts nutrition values are based on community contributions
AI responses may not be 100% accurate
Calorie calculations are approximate values
Always seek professional medical consultation for critical health decisions

7. User Content (Health Data, Messages, etc.)

7.1 Health and Personal Data

You provide the following information:

Physical Data: Weight, height, age, gender, date of birth
Health Goals: Target weight, nutritional preferences, activity level
Nutrition Tracking: Daily meal records, calories and nutritional values
AI Chat History: Conversations you have with the artificial intelligence assistant
Zodiac Information: Zodiac sign and birth time information for personalization

7.2 Data Ownership and License

You own your health and personal data.
To provide the service, you grant us a worldwide, royalty-free, non-exclusive license to host, process, reproduce, and display your data within the App.
You represent that your data does not violate others' rights (copyright, privacy, publicity, etc.).
Content that is illegal, infringing, hateful, pornographic, or contains malware is prohibited. We may remove such content and suspend/terminate accounts.

8. Prohibited Behaviors

You must not:

Violate any law, third-party rights, or these Terms
Use the App for spam, fraud, malicious code distribution, or security breaches
Attempt data scraping, harvesting, or bypassing security/technical restrictions
Block or disrupt the App or connected networks
Use or share health and nutrition information in a misleading manner

9. Subscriptions, Billing, Auto-Renewal

9.1 Subscription Plans

Free Plan: Calorie tracking only, no AI assistant
Plus Plan: 40 AI questions per week + advanced features
Pro Plan: 200 AI questions per month + PDF export + unlimited tracking
Trial: 3 days trial with limited questions

9.2 Auto-Renewal

Subscriptions automatically renew until canceled. Charges are billed to your store account.

9.3 Cancellation

iOS: Settings → Apple ID → Subscriptions
Android: Play Store → Payments & subscriptions

Cancellation takes effect at the end of the current period. No partial period refunds (except where required by law).

9.4 Billing/Refunds

Payments and refunds are subject to Apple App Store / Google Play policies.

9.5 Trials

If offered, trials convert to paid plans unless canceled before the trial period ends.

9.6 Price Changes

We may change prices; changes apply to the next renewal and will be announced with reasonable notice via in-app/store notifications.

10. AI Assistant and OpenAI Integration

10.1 AI Service and Limitations

The App uses the OpenAI API (Large Language Model - LLM) to provide diet and nutrition recommendations:

Your questions and AI responses are processed through OpenAI's GPT models
Chat history is stored for context and personalization
Data processing follows OpenAI's privacy policy

⚠️ CRITICAL AI DISCLAIMER:

Not Medical Advice: AI responses are NOT medical advice, diagnosis, or treatment. They are general information only.
Unverified Content: AI-generated nutrition recommendations have NOT been reviewed or verified by licensed healthcare professionals, registered dietitians, or nutritionists.
Potential Inaccuracies: LLMs can produce incorrect, outdated, biased, or inappropriate information. AI responses may contain factual errors about nutrition, calories, food interactions, or health conditions.
No Liability: ToughWing and OpenAI are not liable for any health consequences, injuries, or adverse effects resulting from following AI-generated recommendations.
Professional Consultation Required: Always consult a qualified healthcare professional before making dietary changes based on AI recommendations.

10.2 AI Usage Limits

Free: No AI assistant available
Plus: 40 questions per week
Pro: 200 questions per month
Exceeding limits requires Premium purchase

10.3 AI Security and Data Processing

AI responses may not be 100% accurate or appropriate for your situation
Nutrition values and calorie information are estimates and may be incorrect
OpenAI may use anonymized data to improve AI models (see OpenAI Privacy Policy)
For allergies, medical conditions, medications, or special nutritional needs, do not rely on AI — always consult your doctor

10.4 User Responsibility

By using the AI assistant feature, you acknowledge and agree that:

You understand AI responses are generated by machine learning models and may be incorrect
You will not rely solely on AI recommendations for health or dietary decisions
You will verify all nutrition information and dietary advice with qualified professionals
You use the AI assistant entirely at your own risk

11. Zodiac-Based Personalization

The App uses your zodiac information to provide personalized motivational messages and diet recommendations. This feature is for entertainment and motivation purposes and is not based on scientific evidence.

12. Third-Party Services

The App integrates services such as Supabase (EU—Frankfurt), OpenAI API, OpenFoodFacts, Google Sign-In and Firebase/Google Analytics. Their availability may affect App features. See the Privacy Policy section to understand how data is processed by these providers.

12.1 OpenFoodFacts Database

The App integrates the OpenFoodFacts API to provide nutritional information for foods. The accuracy of this data depends on the OpenFoodFacts community database. If you have allergies or special nutritional needs, please verify the nutritional information.

13. Intellectual Property

The App, software, design, text, graphics, logos, and trademarks are owned by ToughWing or its licensors and are protected by intellectual property laws. No ownership is transferred—only a limited license to use the App as specified here is granted.

14. App Updates and Termination

14.1 Updates

The Service Provider may wish to update the App at some point:

The App is currently available according to operating system requirements (iOS/Android)
These requirements may change and you may need to download updates
If you want to continue using the App, you must accept updates

The Service Provider does not guarantee that:

It will always update the App to be relevant to you
It will be compatible with the operating system version installed on your device

However, you agree that:

You will always accept updates to the App when offered to you
Refusing updates may cause the App to malfunction

14.2 Terminating App Usage

The Service Provider may also:

Wish to stop providing the App
Terminate its use without notice

In case of termination (unless otherwise stated):

(a) The rights and licenses granted to you in these Terms will end
(b) You must stop using the App
(c) If necessary, delete it from your device

15. "AS IS" Warranty Disclaimer and Service Changes

The App is provided "AS IS" and "AS AVAILABLE". We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee uninterrupted or error-free operation or compatibility with any device/operating system. We may change, suspend, or discontinue features at any time; we will attempt to provide reasonable notice for significant changes.

WE DO NOT GUARANTEE THE ACCURACY OF HEALTH AND NUTRITION INFORMATION. DO NOT RELY ON APP DATA FOR MEDICAL DECISIONS.

16. Limitation of Liability

To the maximum extent permitted by law:

We are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages (including loss of profits, data loss, reputational damage).
Our total liability for any claim will not exceed the fees you paid us for the App in the 12 months preceding the incident.

WE ARE NOT RESPONSIBLE FOR ANY HEALTH ISSUES ARISING FROM THE USE OF HEALTH AND NUTRITION INFORMATION.

Mandatory consumer rights are not affected.

17. Content and Data Deletion

17.1 Health Data

Profile data: Stored until account deletion
Meal history: Last 7 days shown, all data stored
AI chat history: Last 8 messages shown, full history stored

17.2 Bulk Deletion

If bulk deletion is not available in-app, contact support@toughwing.app with an email subject "Delete My Account and Data". After verification, we will remove it from active systems within 30 days (backups may remain for a limited time).

17.3 Analytics Opt-Out

Limit advertising identifiers in your device settings and/or email us.

For personal data rights, see the Privacy Policy section.

18. Termination

We may suspend or terminate your access if you breach these Terms or misuse the App. You may stop using it at any time by uninstalling the App. To stop charges, cancel your subscription according to Section 9.

19. Updates to These Terms

We may update these Terms periodically. The latest version is available in-app and at toughwing.app/terms. Continuing to use after changes take effect means acceptance of the updated Terms.

20. Governing Law and Dispute Resolution

These Terms are subject to the laws of the Republic of Turkey (excluding conflict of laws rules). The courts and enforcement offices of Istanbul (Çağlayan) have exclusive jurisdiction. Mandatory consumer protections still apply.

21. Force Majeure

We are not responsible for delays or failures resulting from events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, power/network outages, or third-party service failures.

22. Assignment

You may not assign or transfer these Terms or your rights and obligations without obtaining the App. We may assign these Terms in case of a business merger/acquisition.

23. Severability and Entire Agreement

If any provision is deemed invalid, the remaining provisions remain in effect. These Terms constitute the entire agreement between the parties regarding App usage and supersede prior statements/understandings.

24. Language and Interpretation

These Terms may be published in other languages. In case of conflict, the Turkish version prevails.

25. Contact

For questions or notices: support@toughwing.app

Quick Checklist

Auto-renewal and store-specific cancellation paths included (iOS/Android)
Refunds delegated to App Store/Play policies
User Content license limited to hosting/display for service functionality
Liability capped at last 12 months' fees
Termination, Updates, Governing Law sections present
/privacy link present
Health disclaimer and AI usage terms added
Zodiac-based customization notice added
OpenAI and OpenFoodFacts integrations noted