sWeight Terms of Service

1. Introduction

Welcome to sWeight! These Terms of Service ("Terms") constitute a legally binding agreement between you and Anthony Eli Rasch - sapplify ("Company", "we", "us", or "our") governing your use of the sWeight mobile application ("App" or "Service").

sWeight is an AI-powered weight and body measurement tracking app that combines intelligent insights with privacy-first design to help you understand and achieve your health goals. All data processing happens locally on your device.

Company Information:
Anthony Eli Rasch - sapplify
PO Box 004
91501 Nove Mesto nad Vahom
Slovakia
Email: contact@sapplify.com

2. Acceptance of Terms

By downloading, installing, accessing, or using sWeight, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any part of these Terms or our Privacy Policy, you must not download, install, or use sWeight.

These Terms apply to all users of sWeight, regardless of location or method of access. Your continued use of the App following any changes to these Terms constitutes acceptance of those changes.

3. Eligibility & Age Requirements

sWeight processes health data (weight and body measurements), which is classified as sensitive personal information under data protection laws. Due to the sensitive nature of this data:

• Minimum age: Users must be at least 16 years old
• Higher age jurisdictions: In jurisdictions where a higher age is required for consent to health data processing, that higher age applies
• United States: Users must be at least 13 years old under COPPA; however, we recommend users be 16+ due to the sensitive nature of health tracking
• Parental responsibility: If you permit a minor between 13-16 to use the App (where legally permitted), you assume full responsibility for their use

We do not knowingly collect or process health data from individuals under 16. If you are a parent or guardian and believe your child has been using sWeight, please see our Privacy Policy for data deletion instructions.

4. App Description

sWeight is a health and fitness tracking application that allows you to:

• Track weight entries: Log your weight with dates, times, notes, and automatic BMI calculations
• Track body measurements: Record chest, biceps, waist, hip, and thigh measurements over time
• AI-powered insights: Receive personalized recommendations based on your tracking patterns
• Smart predictions: View confidence-based forecasting of your progress
• Professional analytics: Access multi-timeframe trend analysis and behavioral insights
• Goal-aware tracking: Adapt analysis based on whether you're losing, gaining, or maintaining weight
• Achievement tracking: Celebrate milestones and consistency streaks
• Data export: Export your data in CSV format for backup or sharing
• Multi-language support: Available in 15 languages

Local-First Design: All AI processing and data storage happens entirely on your device. We do not store your health data on our servers.

5. AI Features & Limitations

How Our AI Works

sWeight uses standard mathematical and statistical models to analyze your data. These models are static, deterministic, and fully transparent—we do not use "black box" deep learning, neural networks, or machine learning that could produce unpredictable or unexplainable results:

• Trend analysis: Linear regression and moving averages to calculate weight trends
• Predictions: Mathematical extrapolation based on your historical data patterns
• Behavioral insights: Statistical analysis (averages, frequency counts, variance) of tracking patterns
• Goal progress: Percentage-based calculations toward your target weight

Every insight can be explained by the underlying math. There is no hidden logic or unpredictable AI behavior.

Human Oversight

You maintain full human oversight over all AI-generated insights:

• Insights assist your self-monitoring but do not replace your judgment
• The AI does not perform automated actions or modify your data without your interaction
• You decide how to interpret and act upon any insights provided
• No behavioral manipulation: The App does not "nudge" or "encourage" specific caloric, dietary, or exercise behaviors; it merely reflects mathematical trends of user-provided data

AI Limitations

You acknowledge and accept that AI features have significant limitations:

• Not medical advice: AI insights are not a substitute for professional medical consultation
• Accuracy limitations: AI can make mistakes and provide inaccurate predictions
• Data dependency: Small datasets may lead to unreliable insights
• Individual factors: AI cannot consider your specific health conditions, diet, exercise, medications, or circumstances
• Pattern-based only: Insights are based on mathematical patterns in your data, not medical knowledge

6. Trial Period & Premium Features

Free Trial

sWeight offers a 14-day free trial that provides full access to all premium features. The trial period:

• Begins automatically when you first use the App
• Provides complete access to all features during the trial period
• Does not require payment information to start
• Is limited to one trial per device

Trial Management & Device Identification

To manage the trial period and prevent abuse, we create a device identifier (a SHA256 hash of device characteristics) stored locally on your device.

This identifier:

• Is used solely to track trial status and prevent trial abuse
• Is strictly necessary to provide the trial service you requested
• Is not transmitted to our servers or any third party
• Is not used for tracking, profiling, marketing, or advertising purposes
• Is not shared with advertisers, analytics providers, or data brokers
• Persists across app reinstalls on Android to prevent trial reset abuse

We do not use this identifier to track your behavior, build a profile, or serve advertisements. Its sole purpose is contract performance (trial management).

For full technical details on device identification, see our Privacy Policy.

Premium Features

After the trial period, premium features require a one-time purchase. Premium includes:

• Full weight and measurement history access (beyond 14 days)
• Advanced AI insights and analytics
• Professional-grade trend analysis
• Behavioral insights and consistency tracking
• Data export functionality
• All future feature updates

Pricing

Premium pricing is displayed in the App and may vary by region and currency. We may offer promotional pricing including early bird discounts during the trial period.

No Subscriptions

sWeight uses a one-time purchase model. There are no recurring subscriptions, hidden fees, or automatic renewals.

Payment Processing & Refunds

All payments are processed exclusively through official app stores:

• Apple App Store (iOS)
• Google Play Store (Android)
• Huawei AppGallery (Huawei devices)

We do not process payments directly or have access to your payment information. Refund requests must be submitted to the respective app store according to their refund policies:

• Apple: Request a refund
• Google Play: Request a refund
• Huawei: Contact Huawei AppGallery support

Right of Withdrawal (EU Users)

This waiver is required because digital content, once delivered and accessed, cannot be "returned" in the traditional sense. You confirm this waiver at the point of purchase.

7. Your Responsibilities

Acceptable Use

You agree to use sWeight only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App for any illegal activities or purposes
• Attempt to reverse engineer, decompile, disassemble, or hack the App
• Attempt to circumvent the trial period limitations or device identification
• Use the App in ways that could damage, disable, or impair its functionality
• Misrepresent AI insights as medical advice to yourself or others
• Use the App on behalf of any third party without their consent
• Interfere with or disrupt the integrity of the App

Data Accuracy

You are responsible for the accuracy of data you enter. Inaccurate weight or measurement entries will result in unreliable AI insights.

Health and Safety

You are solely responsible for:

• Medical consultation: Consulting qualified healthcare professionals before starting any weight management program
• Safe usage: Using the App as a tracking and informational tool, not medical guidance
• Health decisions: Making informed health decisions independent of App insights
• Emergency situations: Seeking immediate medical attention for any health emergencies (the App is not designed for emergency use)

Data Backups

You are responsible for creating backups of your data using our export feature. Since all data is stored locally on your device, we cannot recover lost data.

8. Your Data & Privacy

You own all your data. All weight entries, body measurements, settings, and personal information you create in sWeight belong to you completely.

Data Control

• Local storage: All your health data is stored only on your device
• Data portability: You can export your data anytime using our CSV export feature (premium)
• Data deletion: You can delete your data anytime via Settings > Delete All Data, or by uninstalling the App
• No recovery: Once deleted, we cannot recover your data as we never had access to it

Local AI Processing

• Device-only processing: All AI analysis happens exclusively on your device
• No cloud dependency: Your health data is never sent to external servers for processing
• Complete privacy: We cannot access, view, or analyze your health data
• No tracking: We do not track your usage or collect behavioral analytics

Local-First Architecture & Data Loss Disclaimer

You expressly acknowledge and accept that:

• Loss, theft, or damage to your device may result in permanent and irreversible loss of all your weight and measurement data
• Failure to regularly use the CSV Export feature to create backups may result in permanent data loss
• Uninstalling the App will permanently delete all local data
• We have no ability to recover, restore, or retrieve your data under any circumstances
• We are not liable for any data loss resulting from device loss, damage, theft, software issues, user error, or failure to maintain backups

We strongly recommend: Regularly exporting your data using the CSV Export feature (available to Premium users) and storing backups in a secure location such as cloud storage or email.

Privacy Policy

For complete details on data collection, processing, your rights, and our privacy practices, please review our Privacy Policy. The Privacy Policy is an integral part of these Terms.

9. Health & Medical Disclaimer

No Medical Advice

Nothing in sWeight—including AI insights, predictions, trends, recommendations, or any other content—constitutes medical advice. All information is for general informational and tracking purposes only.

No Health Responsibility

The developers, owners, and operators of sWeight expressly disclaim any responsibility for:

• Any health consequences resulting from use of this App
• Decisions made based on App data or AI insights
• Failure to seek appropriate medical care
• Misinterpretation of weight trends or body measurements
• Eating disorders, body image issues, or psychological effects related to weight tracking

BMI Limitations

BMI calculations provided by sWeight have significant limitations:

• Does not account for muscle mass versus fat distribution
• May not be accurate for athletes, bodybuilders, or pregnant individuals
• Does not factor in age, gender, ethnicity, or body frame size
• Is a general population metric, not an individual health assessment

Medical Consultation Required

You must consult qualified healthcare professionals before:

• Starting any weight management or diet program
• Making significant dietary or lifestyle changes
• Beginning new exercise routines
• Interpreting weight fluctuations or health data
• Making any health decisions based on App data or insights

10. App Availability

We strive to make sWeight available at all times, but we do not guarantee uninterrupted or error-free access. The App may be temporarily unavailable due to:

• Scheduled or emergency maintenance
• Software updates or upgrades
• Technical issues with app stores (Apple, Google, Huawei)
• Device or operating system compatibility issues
• Factors beyond our reasonable control

Offline Functionality

Since sWeight processes data locally on your device, core functionality (weight tracking, viewing history, AI insights) remains available without an internet connection. Internet is only required for:

• Submitting feedback
• Purchasing premium features
• Checking for app updates
• Opening external links

No Uptime Guarantee

We make no guarantees regarding App availability, uptime, or performance. We are not liable for any damages resulting from App unavailability.

11. Updates and Changes

App Updates

We may release updates to sWeight to provide new features, bug fixes, security improvements, or performance enhancements. While we aim to maintain compatibility and data integrity, updates may:

• Enhance, modify, or remove existing features
• Change the user interface or user experience
• Improve or modify AI algorithms and insights
• Require newer device hardware or operating system versions
• Change system requirements

Automatic Updates

Depending on your device settings, updates may be installed automatically. We recommend keeping automatic updates enabled to ensure you have the latest security patches and features.

Data Compatibility

We make reasonable efforts to ensure your data remains accessible after updates. However, we recommend regularly exporting your data as a backup.

Discontinuation

We reserve the right to discontinue the App or any features at any time. If we discontinue the App entirely, we will make reasonable efforts to provide advance notice so you can export your data.

Premium User Continuity (EU Digital Content Compliance)

In accordance with EU Digital Content Directive (EU) 2019/770 and related consumer protection laws, we commit to the following for Premium users who have made a one-time purchase:

• Minimum conformity period: The App will remain functional and "in conformity" for a minimum of two (2) years from your date of purchase, subject to operating system compatibility
• Continued access: If we discontinue active development, Premium users will retain access to the last compatible version of the App for as long as it remains compatible with their device's operating system
• No forced obsolescence: We will not intentionally disable or degrade functionality for Premium users who have paid for the App
• Data export: In the event of discontinuation, we will provide at least 90 days advance notice and ensure data export functionality remains available during this period

This commitment does not extend to compatibility issues caused by third-party operating system updates (iOS, Android) that are beyond our control.

12. Intellectual Property

Our Rights

sWeight, including but not limited to its design, user interface, code, AI algorithms, graphics, icons, logos, and branding, is owned by Anthony Eli Rasch - sapplify and is protected by copyright, trademark, and other intellectual property laws.

"sWeight", "Sapplify", and associated logos are trademarks of Anthony Eli Rasch - sapplify. You may not use these trademarks without our prior written permission.

License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use sWeight on devices you own or control, solely for your personal, non-commercial purposes.

Restrictions

You may not:

• Copy, modify, adapt, or create derivative works of the App
• Reverse engineer, decompile, disassemble, or attempt to derive the source code
• Reverse engineer the AI algorithms or statistical models
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Sell, rent, lease, sublicense, or transfer the App or your license
• Use the App for commercial purposes without our written consent
• Use automated systems or software to extract data from the App

Your Content

You retain full ownership of all data you enter into sWeight (weight entries, measurements, notes, etc.). We claim no ownership or license rights over your personal data.

13. Disclaimers & Warranties

"As Is" Provision

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWEIGHT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

Disclaimer of Warranties

We expressly disclaim all warranties, including but not limited to:

• Merchantability: Fitness for a particular purpose or use
• Accuracy: That AI insights, predictions, or calculations will be accurate or reliable
• Availability: That the App will be uninterrupted, timely, secure, or error-free
• Results: That use of the App will meet your requirements or achieve any particular results
• Compatibility: That the App will be compatible with all devices or operating systems
• Data integrity: That your data will never be lost, corrupted, or inaccessible

No Health Warranties

We make no warranties regarding health outcomes, weight loss, weight gain, or any health-related results from using sWeight.

Third-Party Services

We disclaim all liability for third-party services, including but not limited to app store platforms (Apple, Google, Huawei) and device cloud backup services (iCloud, Google One).

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Exclusion of Damages

IN NO EVENT SHALL ANTHONY ELI RASCH - SAPPLIFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• Indirect damages: Including incidental, special, consequential, or punitive damages
• Health consequences: Any health issues, injuries, or medical conditions arising from App use
• Data loss: Loss of weight data, measurements, or settings due to any cause
• Inaccurate insights: Decisions made based on AI predictions or recommendations
• Device damage: Any damage to your device from using the App
• Lost opportunities: Lost time, missed health goals, or other opportunity costs
• Third-party actions: Actions or omissions of third parties (app stores, cloud providers)

Liability Cap

IN ANY CASE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF SWEIGHT SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID FOR SWEIGHT PREMIUM (IF ANY), OR
• FIVE EUROS (€5.00)

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

Savings Clause (EU/Slovak Law)

Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence (hrubá nedbanlivosť) or intentional misconduct (úmyselné konanie)
• Any other liability that cannot be limited or excluded under the laws of the Slovak Republic or applicable EU consumer protection laws, including the Digital Content Directive (EU) 2019/770 as amended

This savings clause takes precedence over any other limitation of liability provision in these Terms to the extent required by mandatory law.

Essential Purpose

These limitations apply regardless of whether the remedy fails of its essential purpose and regardless of the theory of liability (contract, tort, strict liability, or otherwise).

15. Indemnification

You agree to indemnify, defend, and hold harmless Anthony Eli Rasch - sapplify, its officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of sWeight
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Any health decisions or actions you take based on App data or insights
• Any data you enter into the App
• Your failure to maintain adequate data backups

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

16. Termination

Termination by You

You may terminate these Terms at any time by:

• Deleting your data within the App (Settings > Delete All Data)
• Uninstalling the App from your device

Termination by Us

We may terminate or suspend your access to sWeight immediately, without prior notice, if:

• You breach any provision of these Terms
• You engage in fraudulent or illegal activity
• We are required to do so by law
• We discontinue the App

Effects of Termination

Upon termination:

• Your license to use sWeight is immediately revoked
• You must cease all use of the App and delete it from your devices
• You retain ownership of any data you exported prior to termination
• Premium purchases are non-refundable upon termination for your breach

Survival

The following sections survive termination: Intellectual Property, Disclaimers & Warranties, Limitation of Liability, Indemnification, Governing Law & Disputes, and General Provisions.

17. Governing Law & Disputes

Governing Law

These Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the Slovak Republic, without regard to conflict of law principles.

Jurisdiction

Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of the Slovak Republic. You consent to the personal jurisdiction of such courts.

EU Consumer Rights

If you are a consumer in the European Union, you may also have rights under mandatory consumer protection laws in your country of residence. Nothing in these Terms affects your statutory rights as a consumer that cannot be waived or limited by contract.

UK Users

If you are a consumer in the United Kingdom, you may bring legal proceedings in the courts of England and Wales, Scotland, or Northern Ireland, depending on your residence.

Informal Resolution

Before initiating any formal dispute proceedings, you agree to contact us at contact@sapplify.com to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes within 30 days.

Supervisory Authority

For data protection complaints, you may lodge a complaint with the Slovak data protection authority (Úrad na ochranu osobných údajov) or your local supervisory authority.

18. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Anthony Eli Rasch - sapplify regarding sWeight and supersede all prior agreements, understandings, and communications.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, epidemics, government actions, power failures, internet or telecommunications failures, or third-party service outages.

No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No person other than you and us shall have any rights under these Terms.

Headings

Section headings are for convenience only and have no legal effect.

Language

These Terms are written in English. If these Terms are translated into other languages for convenience, the English version shall prevail in case of any discrepancy.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last updated" date at the top of this document
• We will post the updated Terms in the App and on our website
• For material changes, we may notify you through the App or require re-acceptance
• We will set a reasonable effective date for significant changes

Your Options

If you do not agree with modified Terms:

• You should stop using sWeight before the new Terms take effect
• You may export your data using the export feature
• You should uninstall the App

Continued use of sWeight after the effective date of modified Terms constitutes your acceptance of those changes.

Material Changes

We consider changes to be material if they significantly affect your rights or obligations. Examples include changes to limitation of liability, dispute resolution, or data practices.

20. Contact Us

If you have any questions, concerns, or feedback about these Terms of Service, please contact us:

General Inquiries:
contact@sapplify.com

Legal & Terms Questions:
legal@sapplify.com

Privacy Inquiries:
privacy@sapplify.com

Postal Address:
Anthony Eli Rasch - sapplify
PO Box 004
91501 Nove Mesto nad Vahom
Slovakia

Response Time

We aim to respond to all inquiries within 30 days.

Health Questions

For health-related questions about weight management, diet, or exercise, please consult qualified healthcare professionals. We cannot provide medical advice.

App Store Issues

For issues related to payments, refunds, or app downloads, please contact the respective app store (Apple App Store, Google Play Store, or Huawei AppGallery) directly.