Legal

0) Quick, plain-language summary (non-binding)

• This is a free Evaluation/Beta version. Features may change, break, be removed, or be discontinued.
• The app provides fitness and informational guidance only—not medical advice, not diagnosis, not treatment.
• The app estimates body metrics using your inputs and photos; estimates may be inaccurate.
• Training and nutrition involve risks; you use the app at your own risk.
• You understand and agree that we collect, store, and process your personal data and photos to provide the service (body analysis, progress history, and personalized content).
• Liability is limited to the maximum extent permitted by Swiss law (and cannot be excluded for unlawful intent or gross negligence where such exclusion is void under mandatory law).

If there is a conflict, the legally binding Terms below apply.

1) Parties and operator

These Terms are between:

You (“User”, “you”) and

HyperBody, a company organized under the laws of Switzerland (“Company”, “we”, “us”).

Contact & Support email: contact@hyperbody.app

2) Scope, acceptance, and relationship to the Privacy Policy

2.1 Scope

These Terms govern your access to and use of HyperBody, including all related content, features, and services (the “Service”).

2.2 Acceptance (clickwrap)

By creating an account, clicking “I agree”, downloading, accessing, or using the Service, you confirm you have read, understood, and agree to these Terms.

2.3 Privacy Policy

Your use of the Service is also subject to our Privacy Policy, which describes how we process personal data (including photos) and how you may exercise your rights. If these Terms and the Privacy Policy conflict on data topics, the Privacy Policy governs.

2.4 No medical relationship

Use of the Service does not create a doctor–patient relationship or any professional relationship.

3) Evaluation/Beta Period (free access)

3.1 Evaluation/Beta purpose

The Service is currently offered free of charge during a limited evaluation, testing, or beta period (the “Evaluation Period”). The purpose is to test features, improve performance, and correct issues.

3.2 No guarantee of continued free access

We may later introduce paid plans, subscriptions, or other pricing. If we do, we will provide notice in-app and/or by email and state the effective date and applicable terms.

3.3 Instability and changes

You acknowledge that during the Evaluation Period:

• the Service may be incomplete, unstable, interrupted, or contain bugs;
• features may be changed, removed, suspended, or discontinued at any time;
• outputs (including body metrics) may change between versions;
• your stored data, metrics, or history may be recalculated, reset, or lost (see Section 10).

3.4 Right to end the Evaluation Period

We may end the Evaluation Period at any time, for any reason, with or without notice, including by discontinuing the Service, limiting features, or transitioning to a paid offering.

4) Eligibility and minors

4.1 Minimum age

You must be at least 18 years old to use the Service. If you are 16–17, you may only use the Service with consent and supervision of a parent/legal guardian who also agrees to these Terms.

4.2 No use where prohibited

You may not use the Service if doing so would violate applicable law.

5) Account registration, security, and accurate information

5.1 Account required

You must create an account to access key parts of the Service.

5.2 Accuracy of information

You agree to provide accurate, current information and to update it as needed. The Service depends on correct inputs (age, weight, height, lifestyle details).

5.3 Account security

You are responsible for maintaining confidentiality of your login credentials and for activity occurring under your account. Notify us immediately of suspected unauthorized access.

5.4 One person, one account

Unless we allow otherwise, you may not share your account or create multiple accounts to bypass restrictions.

6) What the Service does

6.1 Core functionality

The Service may include:

• account creation and user profile setup;
• collection of profile inputs (age, weight, height);
• collection of lifestyle/activity inputs (training habits, frequency, activity level);
• photo upload, storage, and display within the app;
• body-related metric estimation based on inputs and photos (e.g., estimated body fat percentage, composition indicators);
• progress/history views and comparisons over time;
• nutrition and fitness informational content and insights.

6.2 No promise of results

We do not promise any specific fitness, body, or health outcome.

6.3 Right to modify

We may modify, add, or remove features at any time, especially during the Evaluation Period.

7) IMPORTANT: Not medical advice / not a medical device

7.1 Informational fitness guidance only

The Service provides general fitness, wellness, and educational information only. It is not medical advice and is not a substitute for a qualified healthcare professional.

7.2 Not a medical device; no diagnosis or treatment

The Service is not intended to diagnose, treat, cure, prevent, or mitigate any disease or medical condition, and is not designed for emergency or clinical use.

7.3 Estimates only; accuracy not guaranteed

All body metrics and outputs:

• are estimates based on user-provided data and photos and/or statistical models;
• may be inaccurate due to lighting, pose, camera differences, clothing, user error, and individual variability;
• are not guaranteed to be correct, complete, or suitable for any purpose.

7.4 Consult professionals

Before starting, changing, or stopping any exercise or nutrition plan, consult a qualified healthcare professional—especially if you:

• have any medical condition, symptoms, or injury;
• are pregnant or postpartum;
• have a history of fainting, chest pain, heart conditions, or severe asthma;
• have diagnosed or suspected eating disorders;
• take medications;
• have allergies or intolerances;
• have any doubts about safety.

7.5 Emergency

If you believe you have a medical emergency, seek immediate medical assistance.

8) Assumption of risk (exercise and nutrition)

8.1 Exercise risks

You acknowledge that exercise and physical training involve inherent risks, including sprains, strains, falls, illness, overexertion, and in rare cases serious injury.

8.2 Nutrition risks

You acknowledge nutrition-related risks such as allergies, intolerances, interactions with medical conditions or medications, and adverse reactions.

8.3 Your responsibility

You are solely responsible for:

• deciding whether to exercise or change your nutrition based on Service outputs;
• choosing appropriate intensity, technique, and rest;
• stopping activity if you feel pain or concerning symptoms;
• seeking professional guidance when appropriate.

8.4 Stop if unsafe

Stop using any guidance and seek medical advice if you feel dizziness, chest pain, unusual shortness of breath, fainting, severe pain, or any concerning symptoms.

9) User Content (including photos)

9.1 User Content

Any photos, images, text, or other materials you upload or submit (“User Content”) remain yours as between you and the Company.

9.2 License needed to operate the Service

You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, copy, process, analyze, display, and use your User Content solely to:

• provide and operate the Service (including body analysis, progress tracking, and personalized content);
• display your photos, history, and results back to you inside the app;
• maintain, secure, troubleshoot, and improve the Service.

9.3 No unlawful or third-party content

You represent and warrant that:

• you have the necessary rights and permissions to upload User Content;
• your User Content does not violate any law or third-party rights (privacy, publicity, copyright, etc.);
• you do not upload photos of other people without their explicit permission.

9.4 Content standards

You must not upload content that is illegal, abusive, hateful, pornographic, or otherwise inappropriate.

9.5 Removal

We may remove User Content that violates these Terms or applicable law.

10) Personal data and photo processing acknowledgement

This section is intentionally explicit to ensure users understand: we store and process their data and photos to deliver the Service.

10.1 What we collect and process

When you use the Service, we may collect and process:

• Account data (e.g., email, login identifiers);
• Profile data (age, weight, height);
• Lifestyle/activity data (training habits, frequency, activity level, goals);
• Photos you upload each time (e.g., five (5) photos requested in-app);
• Derived data generated from inputs/photos (e.g., estimated metrics, trend charts, progress comparisons);
• Technical and usage data (device information, logs, crash reports, and analytics as described in the Privacy Policy).

10.2 Photos and derived data may be sensitive

You acknowledge that photos and photo-based analysis may be considered highly sensitive in some contexts.

10.3 Why we store and process your data (purposes)

You acknowledge and agree that we store and process your personal data and photos to:

• perform body analysis and generate estimates;
• show progress/history and enable comparisons over time;
• display your photos and results back to you within the app;
• personalize fitness and nutrition information;
• operate, maintain, secure, and improve the Service.

10.4 Storage is necessary for the Service

You understand that the Service depends on storing and processing your data and photos. If you do not agree, do not use the Service (or use only features that do not require uploads if offered).

10.5 Evaluation Period data handling (beta resets)

• (a) Testing & migrations. During the Evaluation Period, we may migrate databases, change processors/hosting, update models, and test new versions.
• (b) Possible loss or reset. As a result, your photos, metrics, history, or account data may be modified, recalculated, reset, or deleted.
• (c) No guaranteed retention during Evaluation. You acknowledge that we do not guarantee retention of any data, photos, metrics, or history during the Evaluation Period.

10.6 Retention

• (a) While active. We retain your data for as long as your account is active.
• (b) After deletion. After you delete your account (or request deletion), we may retain limited data for 90 days for backups, security, legal compliance, and dispute handling, after which we delete or anonymize it where feasible.

10.7 End of Evaluation Period

We may continue storing your data until you request deletion, subject to the retention rules above.

10.8 Deletion requests

You can request deletion through contact form or by contacting the contact email previously stated in Section 1. We may need to verify your identity before fulfilling requests.

10.9 Security

We use reasonable technical and organizational measures designed to protect personal data against unauthorized access, loss, alteration, or disclosure. No system is perfectly secure.

10.10 Third-party processors, hosting, and cross-border transfers

We may use third-party service providers (e.g., cloud hosting, analytics, customer support) to process data on our behalf under contractual safeguards. Data may be stored or accessed in Switzerland and/or other countries depending on providers. Details are provided in the Privacy Policy below.

11) Acceptable use

You agree not to:

• use the Service unlawfully or in breach of these Terms;
• upload content that violates laws or third-party rights;
• interfere with or disrupt the Service or attempt unauthorized access;
• reverse engineer, scrape, or bypass security measures;
• use outputs as medical advice or claim the Service provides medical diagnosis;
• use the Service in a way that could harm yourself or others.

We may suspend or terminate accounts for violations.

12) Intellectual property

12.1 Company IP

The Service (software, algorithms, models, design, text, logos, trademarks, and non-user content) is owned by or licensed to the Company and protected by applicable IP laws.

12.2 License to you

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for personal, non-commercial fitness purposes, subject to these Terms.

12.3 Feedback

If you provide feedback or suggestions, you grant us the right to use it without restriction or compensation.

13) Third-party services and app store terms

13.1 Third-party links and services

The Service may contain links to or integrations with third-party services. We do not control third parties and are not responsible for their content, policies, or practices.

13.2 App stores

If you download the app from Apple App Store or Google Play, your use is also subject to their platform terms. The Company—not the app store—is responsible for the Service, except as required by platform rules.

14) Availability, updates, and support (Evaluation/Beta)

14.1 Best-efforts only

During the Evaluation Period, the Service is provided on a best-efforts basis. We do not guarantee uptime, availability, or error-free operation.

14.2 Maintenance and downtime

The Service may be unavailable due to maintenance, updates, outages, testing, or other reasons.

14.3 Updates

We may push updates automatically. Some updates may be required for continued use.

14.4 Support

Support (if any) is provided on a reasonable-efforts basis via email.

15) Disclaimers of warranties

To the maximum extent permitted by Swiss law:

15.1 As-is / as-available

The Service is provided “as is” and “as available.”

15.2 No warranties

We disclaim all warranties, whether express or implied, including warranties of:

• accuracy, completeness, or reliability of estimates/metrics/content;
• fitness for a particular purpose (including outcomes);
• non-infringement;
• uninterrupted, secure, or error-free operation.

15.3 Evaluation/Beta disclaimer

You acknowledge the Service is a pre-release/evaluation version and may contain defects, errors, and inaccuracies, including in calculations, displays, and storage.

16) Limitation of liability

16.1 Use at your own risk

You use the Service, including any exercise or nutrition decisions made using the Service, entirely at your own risk.

16.2 Excluded damages

To the maximum extent permitted by Swiss law, the Company is not liable for:

• any injury, health issue, or adverse reaction arising from training, nutrition, or lifestyle choices;
• reliance on inaccurate or incomplete estimates, metrics, or content;
• interruptions, delays, bugs, errors, or service unavailability;
• loss of data, loss of progress history, or resets (especially during the Evaluation Period);
• indirect, incidental, consequential, special, exemplary, or punitive damages;
• lost profits, lost revenue, or business interruption.

16.3 Free service / evaluation limitation

Because the Service is provided free of charge during the Evaluation Period, you agree that the Company's liability is further limited to the maximum extent permitted by law.

16.4 Liability cap

To the maximum extent permitted by law, the Company's total liability arising out of or relating to the Service is limited to the greater of:

• CHF 100, or
• the minimum amount required by mandatory law.

16.5 Mandatory carve-out

Nothing in these Terms limits or excludes liability where such limitation or exclusion is not permitted under applicable mandatory Swiss law (including where an exclusion for unlawful intent or gross negligence is void).

17) Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless the Company and its directors, officers, employees, and partners from and against claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to:

• your breach of these Terms;
• your misuse of the Service or reliance on outputs as medical advice;
• your User Content (including unlawful uploads or third-party rights violations);
• your violation of any law or third-party rights.

18) Suspension and termination

18.1 By you

You may stop using the Service at any time and may request deletion of your account and data as described in Section 10.

18.2 By us

We may suspend or terminate your access immediately if:

• you violate these Terms;
• we reasonably believe your use creates risk or legal exposure;
• required for security, legal compliance, or to protect other users;
• the Evaluation Period ends or the Service is discontinued.

18.3 Effect of termination

Access ends. Data retention and deletion follow Section 10 and the Privacy Policy.

19) Changes to these Terms

19.1 We may update Terms

We may modify these Terms from time to time.

19.2 Notice

If changes are material, we will notify you in-app and/or by email and provide the effective date.

19.3 Acceptance

Continued use after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and request deletion.

20) Governing law and jurisdiction

20.1 Governing law

These Terms are governed by Swiss law.

20.2 Jurisdiction

The exclusive place of jurisdiction is Zurich, Switzerland, unless mandatory consumer protection rules require otherwise.

21) Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.

22) Entire agreement

These Terms, together with the Privacy Policy and any documents expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Service.

1. Introduction

This Privacy Policy describes how HyperBody (“we,” “our,” or “us”) collects, uses, and protects your personal information when you use our AI-powered physique analysis service (“Service”). We are committed to protecting your privacy and ensuring the security of your personal data.

2. Information We Collect

Personal Information

• Name and email address (for account creation and communication)
• Physical measurements (height, weight estimates)
• Age information (for age-appropriate recommendations)
• Payment information (processed securely through our payment provider)
• Communication preferences and feedback

Photo Data

• Body physique photos uploaded for analysis
• Metadata associated with uploaded photos (file size, format, upload timestamp)
• AI-generated analysis data derived from your photos

Technical Information

• IP address and device information
• Browser type and version
• Usage patterns and interaction data
• Cookies and similar tracking technologies

3. How We Use Your Information

We use your information for the following purposes:

• Service Delivery: To provide AI physique analysis and generate personalized recommendations
• Account Management: To create and manage your user account
• Communication: To send you analysis results, updates, and customer support
• Payment Processing: To process payments and manage billing
• Service Improvement: To analyze usage patterns and improve our AI algorithms (using anonymized data)
• Legal Compliance: To comply with applicable laws and regulations
• Security: To protect against fraud and ensure platform security

4. Data Processing and AI Analysis

Your uploaded photos are processed by our AI systems to provide body composition analysis. During this process:

• Photos are analyzed using computer vision algorithms
• No human employees view your photos during normal operation
• Analysis data is generated and stored separately from original photos
• Photos may be temporarily cached for processing efficiency
• All processing occurs on secure, encrypted servers

5. Data Sharing and Disclosure

We do not sell, trade, or rent your personal information. We may share your information only in the following circumstances:

Service Providers

• Payment processors (for billing and payment processing)
• Cloud storage providers (for secure data storage)
• Email service providers (for communications)
• Analytics providers (using anonymized data only)

Legal Requirements

• When required by law or court order
• To protect our rights, property, or safety
• To investigate potential violations of our terms
• In connection with legal proceedings

Business Transfers

In the event of a merger, acquisition, or asset sale, your information may be transferred as part of the business assets.

6. Data Security

We implement comprehensive security measures to protect your data:

• Encryption: All data is encrypted in transit and at rest using industry-standard protocols
• Access Controls: Strict access controls limit who can view your data
• Secure Infrastructure: Our servers are hosted in secure, certified data centers
• Regular Audits: We conduct regular security audits and vulnerability assessments
• Employee Training: Our staff receives regular privacy and security training
• Incident Response: We have procedures in place to respond to any security incidents

7. Data Retention

We retain your information for the following periods:

• Account Data: As long as your account is active
• Photos: 90 days after analysis completion (unless you request earlier deletion)
• Analysis Results: Retained in your account until deletion request
• Payment Data: As required by law and payment processing requirements
• Communication Records: 3 years for customer support purposes

You can request deletion of your data at any time by contacting our support team.

8. Your Rights and Choices

You have the following rights regarding your personal information:

Access and Portability

• Request a copy of your personal data
• Download your analysis results and data
• Receive your data in a portable format

Correction and Updates

• Update your account information
• Correct inaccurate personal data
• Modify your communication preferences

Deletion and Restriction

• Request deletion of your account and data
• Restrict processing of your information
• Object to certain uses of your data

9. Cookies and Tracking

We use cookies and similar technologies to:

• Remember your preferences and login status
• Analyze website usage and performance
• Provide personalized experiences
• Ensure security and prevent fraud

You can control cookie settings through your browser preferences. However, disabling certain cookies may affect website functionality.

10. International Data Transfers

Your information may be transferred to and processed in countries other than your country of residence. We ensure that such transfers comply with applicable data protection laws and implement appropriate safeguards to protect your data.

11. Children's Privacy

Our Service is not intended for individuals under 18 years of age. We do not knowingly collect personal information from children under 18. If we discover that we have collected information from a child under 18, we will delete such information immediately.

12. Changes to Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any material changes by:

• Posting the updated policy on our website
• Sending you an email notification
• Displaying a prominent notice on our Service

Your continued use of the Service after changes become effective constitutes acceptance of the updated Privacy Policy.

13. Contact Information

If you have any questions about this Privacy Policy or our data practices, please contact us:

• Email: contact@hyperbody.app
• Data Protection Officer: contact@hyperbody.app