Terms of Service

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

1. Eligibility and Account Registration

1.1 Age Requirement

1.2 Account Registration

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to:

• Provide truthful and accurate registration information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

1.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. Peak Macro LLC is not liable for any loss or damage arising from your failure to protect your account information.

2. Important Health and Medical Disclaimers

2.1 Not Medical Advice

The Service provides nutrition tracking tools, educational information, and AI-powered insights for general wellness purposes only. All content, features, recommendations, and information provided through the Service are intended for informational and educational purposes and should not be interpreted as:

• Medical advice or diagnosis
• A substitute for professional medical consultation
• Treatment for any medical condition
• Dietary advice for managing medical conditions
• A replacement for consultation with qualified healthcare providers

2.2 HIPAA Non-Applicability

Peak Macro LLC is not a "covered entity" or "business associate" as defined under HIPAA. PeakMacro is a direct-to-consumer wellness application, and the nutrition and health information you enter is not Protected Health Information (PHI) under HIPAA. Your data is protected by applicable consumer privacy laws and our Privacy Policy.

2.3 Consult Healthcare Professionals

You should always consult with a physician, registered dietitian, or other qualified healthcare provider before:

• Beginning any nutrition or diet program
• Making significant changes to your eating habits
• Using the Service if you have any medical condition
• Using the Service if you are pregnant or nursing
• Using the Service if you have a history of eating disorders
• Using the Service if you take any medications that may be affected by dietary changes

2.4 Medical Emergencies

2.5 Individual Results May Vary

Nutrition and health outcomes vary significantly based on individual factors including genetics, metabolism, activity level, medical conditions, and adherence to any program. We make no guarantees regarding weight loss, health improvements, or any specific results from using the Service.

2.6 Assumption of Risk

By using the Service, you acknowledge and agree that:

• You are voluntarily participating in nutrition tracking activities
• You assume full responsibility for any risks associated with dietary changes
• You will seek professional medical advice for any health concerns
• Peak Macro LLC is not responsible for any adverse health effects resulting from your use of the Service

3. Artificial Intelligence Features and Limitations

3.1 AI-Powered Features

PeakMacro uses artificial intelligence technology, including services provided by OpenAI, to power certain features such as:

• Meal photo analysis and food identification
• Natural language food logging
• Macro and calorie estimations
• Nutrition insights and suggestions
• Habit tracking recommendations

3.2 AI Limitations and Disclaimers

You acknowledge and agree that:

1. AI-generated content is provided for informational purposes only and may contain errors, inaccuracies, or omissions. Nutritional estimates from photos or text descriptions are approximations and should not be relied upon for precise dietary management.
2. AI features are not a substitute for professional nutritional or medical advice. AI-generated suggestions do not account for your complete medical history, medications, allergies, or individual health circumstances.
3. You should independently verify AI-generated information. We encourage you to cross-reference nutritional information and consult professionals when making important dietary decisions.
4. We are not liable for any decisions you make based on AI outputs. You assume full responsibility for how you use and act upon AI-generated content.
5. AI technology is continuously evolving. Features, accuracy, and capabilities may change over time.

3.3 AI Data Processing

When you use AI-powered features, relevant data (such as meal descriptions or photos) is sent to third-party AI services for processing. This data handling is described in our Privacy Policy. By using AI features, you consent to this processing.

4. Description of Service

4.1 Service Features

PeakMacro provides nutrition tracking and wellness tools including:

• Food logging via text, voice, or photo
• Calorie and macronutrient tracking
• Habit tracking and monitoring
• Integration with Apple HealthKit (with your permission)
• AI-powered meal analysis
• Progress tracking and insights
• Saved foods and meals for quick logging

4.2 Service Availability

We strive to maintain continuous Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled or emergency maintenance, software updates, technical difficulties, or factors beyond our reasonable control.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

5. Apple HealthKit Integration

5.1 HealthKit Data Access

With your explicit permission, PeakMacro may read certain data from Apple HealthKit, including step count, active minutes, sleep duration, body weight and body fat percentage, heart rate, workout data, water intake, and dietary nutrients.

5.2 HealthKit Data Use

HealthKit data is used solely to provide nutrition tracking and wellness features within the App. We will never use HealthKit data for advertising, marketing, or data mining purposes.

5.3 HealthKit Permissions

You may grant or revoke HealthKit permissions at any time through your device settings. Revoking permissions may limit certain App features that depend on HealthKit data.

6. User Content and Conduct

6.1 User Content

"User Content" includes all information, data, text, photos, and other materials you submit, upload, or transmit through the Service, including food logs, meal photos, habit entries, and profile information.

6.2 Ownership of User Content

You retain all ownership rights in your User Content. Peak Macro LLC does not claim ownership of any content you submit to the Service. Your food logs, meal photos, and personal data remain yours.

6.3 License to User Content

By submitting User Content, you grant Peak Macro LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such User Content solely for operating and improving the Service, providing features you request, developing new features, and creating aggregated, anonymized data for analytics.

6.4 Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Submit false, misleading, or fraudulent information
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated means to access or collect data from the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Upload viruses, malware, or other malicious code

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, is owned by Peak Macro LLC or its licensors and is protected by United States and international intellectual property laws.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

7.3 Restrictions

You may not copy, modify, or distribute any part of the Service, use the Service for any commercial purpose without our written consent, remove any copyright or proprietary notices, create derivative works, or sublicense, sell, or transfer your rights to use the Service.

8. Subscriptions and Payments

8.1 Free and Premium Features

PeakMacro may offer both free and premium subscription features. Premium features require a paid subscription.

8.2 Subscription Terms

If you purchase a subscription:

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Subscriptions automatically renew unless cancelled before the renewal date
• You may cancel your subscription at any time through your Apple ID settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial subscription periods

8.3 Price Changes

We may change subscription prices at any time. Price changes will not affect your current subscription period but will apply upon renewal.

8.4 Apple App Store

Subscriptions purchased through the Apple App Store are subject to Apple's terms and conditions. Apple handles all payment processing, and refund requests must be directed to Apple.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK MACRO LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES REGARDING THE ACCURACY OF AI-GENERATED CONTENT, NUTRITIONAL ESTIMATES, OR RECOMMENDATIONS

10. Limitation of Liability

10.1 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).

11. Indemnification

You agree to indemnify, defend, and hold harmless Peak Macro LLC, its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, your violation of any rights of another party, your User Content, any dietary or health decisions you make based on the Service, or any inaccurate information you provide.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at bryan@peakmacro.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within sixty (60) days.

12.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

12.3 Arbitration Procedures

• Arbitration shall take place in Marion County, Indiana, or by telephone, video conference, or written submissions
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court of competent jurisdiction
• Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise

12.4 Class Action Waiver

12.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to bryan@peakmacro.com within thirty (30) days of first accepting these Terms.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles. For any claims not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Marion County, Indiana.

14. Account Termination

14.1 Termination by You

You may delete your account at any time through the App settings (Profile > Settings > Delete Account). Upon deletion, your personal information will be deleted within thirty (30) days, some anonymized data may be retained, and active subscriptions must be cancelled separately through Apple ID settings.

14.2 Termination by Us

We may suspend or terminate your account and access to the Service at our sole discretion, with or without notice, for violation of these Terms, illegal or fraudulent activity, conduct that may harm other users or the Service, extended periods of inactivity, or request by law enforcement.

14.3 Effect of Termination

Upon termination, your license to use the Service immediately ends. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email and/or prominent notice within the App. Material changes will take effect thirty (30) days after notice is provided. Your continued use of the Service after the effective date constitutes your acceptance of the modified Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Peak Macro LLC regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force.

16.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet outages.

17. Contact Information

If you have any questions about these Terms, please contact us:

Peak Macro LLC
8505 Keystone Crossing, Suite 107
Indianapolis, Indiana 46240
United States

Email: bryan@peakmacro.com
Phone: 317-519-6706
Website: https://peakmacro.com

© 2025 Peak Macro LLC. All rights reserved.