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Legal

Terms of Service

These Terms are between you and Jason Abbamonte LLC, a Texas limited liability company doing business as swithAI ("swithAI," "we," "us," or "our"). Last updated August 11, 2026.

1. Medical Disclaimer

swithAI is not a medical device and does not provide medical advice, diagnosis, or treatment. All content, including nutritional insights, macro estimates, fitness suggestions, and wellness recommendations, is provided for informational and educational purposes only.

You should not rely on swithAI as a substitute for professional medical advice from a physician or other qualified healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, exercise program, or wellness plan.

Never disregard professional medical advice or delay seeking it because of information provided by this application.

2. AI & Estimation Disclaimer

swithAI uses artificial intelligence and third-party nutritional databases (including USDA FoodData Central) to generate estimated macro and calorie values.

These outputs are:
• Estimates only
• Subject to variability and error
• Dependent on user input accuracy
• Not guaranteed to reflect actual nutritional content

We do not guarantee the accuracy, completeness, or reliability of any macro, calorie, or nutrition information generated by the application.

3. No Guarantee of Results

Individual results may vary. swithAI does not guarantee any specific health, fitness, weight loss, or performance outcomes.

Your results depend on multiple factors including diet, exercise, lifestyle, metabolism, and adherence to recommendations.

4. User Responsibility

You acknowledge and agree that:
• You are solely responsible for how you use the information provided by swithAI
• You will independently verify any nutritional or fitness data before making health-related decisions
• You will not rely exclusively on the app for dietary, medical, or fitness planning

5. Subscription & Service Disclaimer

A paid subscription provides access to software features and tools only.

We do not guarantee:
• Continuous or uninterrupted availability
• Error-free or bug-free operation
• Accuracy of AI-generated outputs at all times

Temporary interruptions, updates, or technical issues may occur from time to time.

6. Refund Policy

Subscription fees are generally non-refundable except where required by law or platform policy (e.g., Apple App Store or Google Play Store policies).

We may, at our sole discretion, offer refunds or credits on a case-by-case basis.

6a. Subscription Cancellation

Subscriptions can be canceled anytime from your account settings. If canceled, you'll retain access through the end of your current billing period. No partial refunds are issued for unused time. For billing issues, contact us at support@getswith.com.

7. Limitation of Liability

To the maximum extent permitted by law, swithAI, its owners, affiliates, and developers shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the application.

This includes, but is not limited to:
• Health-related outcomes
• Dietary decisions
• Misinterpretation of AI-generated data
• Loss of data or service interruptions

Your sole remedy for dissatisfaction with the application is to stop using it.

8. Third-Party Data Disclaimer

swithAI depends on third-party data sources and service providers to operate. The application backend sends data to the following providers:

• OpenAI — analysis of photographs you capture and text you enter
• Stripe — subscription payment processing
• Resend — delivery of transactional email
• USDA FoodData Central — food and nutrition lookup
• ExerciseDB, via RapidAPI — exercise demonstration imagery

We also use Google (Firebase) to sign you in.

We do not control or guarantee the accuracy, availability, or reliability of third-party data or services, and an outage or change at any of them may degrade or interrupt features of the app.

For exactly what data each provider receives, see 'Who Receives Your Data' in our Privacy Policy.

9. Age & Use Restrictions

swithAI is intended for users aged 18 and older (or the minimum age required in your jurisdiction).

By creating an account, you represent that you are at least 18 years of age.

10. Fitness & Wellness Disclaimer

Any fitness, exercise, or wellness guidance provided is general in nature and may not be suitable for all individuals.

Consult a healthcare professional before starting any exercise, diet, or wellness program, especially if you have pre-existing medical conditions.

11. No Professional Relationship

Use of swithAI does not create a doctor-patient, nutritionist-client, or any other professional advisory relationship.

12. Changes to Service

We reserve the right to modify, suspend, or discontinue any feature or service at any time without liability.

13. swith score – Educational Wellness Score

The 'swith score' is a proprietary-style wellness scoring system designed to provide a general, educational, and motivational indicator of lifestyle behaviors such as activity, nutrition logging, consistency, and wellness engagement.

You acknowledge and agree that:
• The swith score is not a medical, psychological, or clinical measurement
• It is not intended to diagnose, treat, prevent, or predict any disease or health condition
• It should not be used to evaluate cardiovascular health, metabolic health, mental health, or physical fitness in a clinical context
• Scores are algorithmically generated estimates and may not reflect actual health status

The swith score is intended solely for personal motivation, habit tracking, and wellness education.

14. AI Wellness Insights

The App may provide AI-generated wellness insights, recommendations, summaries, or behavioral suggestions based on user inputs such as food logging, activity levels, or self-reported data.

You acknowledge that:
• All AI-generated wellness insights are informational only
• They are not medical advice, diagnosis, or treatment recommendations
• They may be inaccurate, incomplete, or not applicable to your individual health condition
• You are solely responsible for any actions taken based on such insights

The swith score and AI wellness features are not intended for medical, rehabilitation, or clinical use. They are designed solely for general wellness, fitness engagement, and lifestyle tracking.

You should consult a licensed healthcare professional before making any medical or health-related decisions.

15. User Responsibility

By agreeing to these terms, you acknowledge that:
• You use all wellness scores and AI insights at your own risk
• You are responsible for verifying any health-related decisions with a qualified professional
• swithAI is not responsible for outcomes resulting from use of these features

16. AI-Generated Recommendations

The App uses artificial intelligence, including third-party AI service providers, to analyze data you log and generate personalized output, including but not limited to suggested difficulty adjustments, exercise weight/rep recommendations, training load guidance, progress insights, meal plans, and estimated nutrition values for food you describe or photograph.

These outputs are generated automatically based on patterns in your data and may be incomplete, inaccurate, or unsuitable for your individual circumstances. They are provided for informational and motivational purposes only and do not constitute medical, fitness, or professional advice. You should use your own judgment and consult a qualified professional before making significant changes to your training or diet based on any AI-generated output. The App and its developer are not liable for any injury, harm, or adverse outcome resulting from reliance on them.

See the 'Third-Party AI Processing' section of our Privacy Policy for what data is transmitted to generate these outputs.

17. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of or relating to these Terms or your use of swithAI is the state and federal courts located in Texas, and you consent to personal jurisdiction there.

Nothing in this section deprives you of the protection of any mandatory consumer-protection law of the place where you live, or of any right to bring a claim in a small-claims court that would otherwise have jurisdiction.

18. Contact & Notices

swithAI is operated by Jason Abbamonte LLC d/b/a swithAI.

For questions about these Terms, for support, or to send us any notice required under them, contact us at support@getswith.com. We may give you notice through the app, or by email to the address associated with your account.