‍Welcome to FuelWarden, Inc.

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This Site, including our public website (https://www.fuelwarden.app), mobile and web-based applications, and enterprise dashboard (collectively, the “Site”), together with any related Services, are maintained as a service to our current and prospective users, including individual athletes and enterprise customers such as athletic departments, teams, and organizations, seeking to access and utilize Company’s data-driven fueling, nutrition-planning, and performance-support platform, including AI-generated meal plans, training-based fueling recommendations, wearable-device integrations, and related dashboard and management tools. By using this Site or any associated Services, you agree to comply with and be bound by the following Terms and Conditions of Use. Please review these Terms and Conditions carefully. If you do not agree to these Terms and Conditions of Use, you should not access or use the Site or Services.

1. Terminology. The following terminology applies to these Terms and Conditions, the Privacy Policy, and any related policies or agreements referenced herein: “User,” “Athlete User,” “Enterprise Customer,” “You” and “Your” refers to you, the person or entity accessing this Site or Services and accepting Company's terms and conditions. "Company," "Ourselves," "We," "Our" and "Us," refers to our Company, FuelWarden, Inc. "Party," "Parties," or "Us," refers to both the User and ourselves, or either the User or ourselves. These Terms and Conditions of Use govern your access to and use of the Site and any related application, platform, or services (collectively, the “Services”), including without limitation Company’s athlete-facing tools, AI-generated meal plans, fueling and nutrition recommendations, wearable-device integrations, training-based data analysis, and enterprise-facing dashboard and athlete management functionality.

For the avoidance of doubt, Company operates a dual-sided platform. Certain portions of the Services are intended for individual athlete users, while other portions are intended for Enterprise Customers, including athletic departments, teams, organizations, and their authorized personnel. Your rights, access, and responsibilities under these Terms may vary depending on your role and method of access.

Any subscription, enterprise engagement, pilot program, or other commercial relationship with Company may be governed by separate written agreements, order forms, subscription terms, or other transaction-specific documents between the Parties, which shall control to the extent of any conflict with these Terms with respect to the subject matter thereof. Any use of the above terminology or other words in the singular, plural, capitalization, and/or any gendered or non-gendered terms, are taken as interchangeable and therefore as referring to same.

2. Agreement. This Terms and Conditions of Use agreement (this "Agreement") specifies the terms and conditions for access to and use of https://www.fuelwarden.app and describes the terms and conditions applicable to your access to and use of the Site and Services. This Agreement applies to your access to and use of the Site and Services by both individual users and enterprise customers (including athletic organizations, teams, and similar entities). Certain subscription services, enterprise engagements, pilot programs, or other commercial relationships with Company may also be subject to separate written agreements, order forms, subscription terms, or other transaction-specific documents between the Parties, which may supplement or modify this Agreement. To the extent of any conflict between this Agreement and such separate documents, the terms of those documents shall control solely with respect to the applicable subject matter.

This Agreement may be modified at any time by Company upon posting of the modified Agreement on the Site or otherwise making it available through the Services. Any such modifications shall be effective immediately upon posting (unless otherwise stated). The most current version of this Agreement will be available on the Site, and you are responsible for reviewing it periodically. Each use of the Site or Services by you shall constitute and be deemed your unconditional acceptance of this Agreement as then in effect.

3. Use of the Site and Services. The Site and Services provide access to Company’s data-driven fueling and nutrition platform, including athlete-facing tools, AI-generated meal plans, fueling recommendations, wearable-device integrations, and enterprise-facing dashboard and athlete management functionality, and may allow users to create accounts, input or connect data, receive recommendations, manage schedules, and otherwise interact with Company.

IMPORTANT: The Services utilize Artificial Intelligence (“AI”) to generate meal plans, fueling recommendations, and related outputs. These AI-generated outputs are provided for informational purposes only, may not be accurate or complete, and should not be relied upon as a substitute for professional advice. Your use of any AI-generated outputs is at your own risk.

In order to access or use the Site or Services, certain eligibility requirements must be met.

1. Eligibility. You must be at least sixteen (16) years of age to access or use the Site or Services independently or on your own behalf. By using the Site or Services, you represent and warrant that you meet this minimum age requirement and that you have the legal capacity to enter into this Agreement.
   • The Site and Services are not intended for direct use by individuals under the age of sixteen (16). Notwithstanding the foregoing, Enterprise Customers (such as athletic organizations, teams, or similar entities) may invite or enable access for individuals under the age of sixteen (16) in connection with enterprise accounts. In such cases, the applicable Enterprise Customer is solely responsible for (i) obtaining verifiable parental or guardian consent, (ii) authorizing such access, and (iii) ensuring compliance with all applicable laws and regulations. Company does not independently verify the age of users or the validity of any such consents or authorizations.
2. Account Registration. Certain features of the Services require or permit user account registration. Any information you submit through the Site or Services, including in connection with account creation, onboarding, or use of the Services, must be accurate, current, and complete, and you agree not to misrepresent your identity, authority, affiliation, training data, health-related information, or any other information submitted in connection with your use of the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
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3. User Conduct. You agree to use the Site and Services only for lawful purposes and in compliance with all applicable laws and regulations. You shall not use the Site or Services to submit or transmit any information that is unlawful, fraudulent, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable; nor shall you introduce any viruses, worms, or other malicious code, attempt to gain unauthorized access to the Site, Services, accounts, or related systems, scrape, harvest, or extract data from the Site or Services, or interfere with the operation or security of the Site. You are solely responsible for your use of the Site and Services and for ensuring that your conduct does not violate this Agreement.
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4. Enterprise and Multi-User Access. You acknowledge that certain portions of the Services may be accessed or administered by Enterprise Customers and their authorized personnel. If you access the Services on behalf of an organization, or if your account is associated with an Enterprise Customer, your access, permissions, and use of the Services may be subject to that Enterprise Customer’s configuration and permissions made available through the Services. Company is not responsible for the actions, permissions, or data access decisions of any Enterprise Customer or its authorized users. Company does not independently verify the accuracy or authorization of data provided by Enterprise Customers and disclaims any responsibility for such data. Company may rely on the configurations and permissions established within the Services with respect to athlete accounts, data access, and visibility, and shall have no responsibility for any such determinations.
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5. Data Control and Responsibility. Where an Athlete User account is created, provisioned, or managed by or through an Enterprise Customer, such account shall be deemed part of an Enterprise Account. In such cases: (i) Enterprise Customers are granted access to Athlete Data through allocated user seats associated with their account and may view such data and interact with the Services as configured; (ii) Enterprise Customers may manage, modify, or adjust training schedules, fueling plans, and related outputs within the Services, but may not alter or modify underlying Athlete Data, including personal inputs or device-generated data; (iii) Athlete Users acknowledge and agree that their access to and use of the Services may be subject to the configurations and permissions established by the applicable Enterprise Customer; and (iv) Company shall have no responsibility or liability for any actions taken by an Enterprise Customer within the scope of its permitted access to the Services.
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6. Data Ownership; Account Status; Transitions. As between Company and users, Company does not claim ownership of Athlete Data. Enterprise Customers do not collect or own Athlete Data and are granted limited access to such data solely through the Services as described in this Agreement. Athlete Users whose accounts are provisioned through an Enterprise Customer acknowledge that their data may be accessible to such Enterprise Customer in accordance with the configurations and permissions established within the Services. Enterprise Customers may request deletion of Athlete Accounts or associated data through Company, but do not have independent authority to delete, transfer, or otherwise control such accounts or data outside of the functionality made available through the Services. If an Athlete User ceases to be affiliated with an Enterprise Customer, Company may, but is not obligated to, allow such Athlete User to transition to an independent account using separate registration credentials, subject to Company’s policies and technical feasibility. Upon termination or expiration of an Enterprise Customer relationship, Company may delete or de-identify Athlete Data associated with the applicable Enterprise Account in accordance with its data retention practices, unless otherwise required by applicable law or agreed in writing.

4. Cookies. We employ the use of first-party and third-party cookies and similar tracking technologies for several reasons in connection with the operation of the Site and Services. By using the Site or Services, you consent to the use of cookies in accordance with Company’s Privacy Policy. Some cookies are required for technical reasons in order for our Site and Services to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies enable us to understand how users interact with the Site and Services and improve functionality and performance to enhance the experience across our platform. Third parties serve cookies or similar technologies through the Site or Services for advertising, analytics, integration, security, and other purposes. This is described in more detail below.
   1. Retargeting Cookies. We use retargeting cookies to show ads to users who have previously visited our Site as they browse the web or use social media. These cookies are used to collect information about your browsing habits and to make advertising relevant to you and your interests. They remember that you have visited the Site, and this information may be shared with third parties, including advertising and marketing partners, to deliver more relevant advertisements.
   2. Behavioral Cookies. Behavioral cookies are used to collect data about your use of our Site and Services. This allows us to understand your preferences and behavior across the Site and Services, enabling us to provide you with a more personalized experience. This information is used to enhance the functionality and features of the Site and Services, and to provide analytics on platform usage.
5. Control Over Cookies. You have the ability to accept, reject, or manage cookies used in connection with the Site and Services. Additionally, most browsers allow you to control cookies through their settings preferences, including the ability to delete or disable cookies. You may also have the ability to manage certain cookie preferences through any cookie consent tools or settings made available through the Site or Services, if applicable. However, if you disable or restrict certain cookies, portions of the Site or Services may not function properly or as intended, and your user experience may be impacted. For additional information regarding the types of cookies used, please refer to Section 4 above and our Privacy Policy.
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6. Privacy. Your use of the Site and Services is also governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference. Please review our Privacy Policy at https://www.fuelwarden.app/utility-pages/privacy-policy. Company reserves the right, and you authorize us, to collect, use, and disclose information provided by you or collected through your use of the Site and Services in accordance with the Privacy Policy. As described therein, Company may collect and process a variety of information in connection with your use of the Site and Services, including without limitation contact information (such as name, email address, and phone number), account information, self-reported athlete information (such as preferences, training details, and lifestyle inputs), data obtained through integrations with wearable devices or third-party platforms (such as activity, timing, or performance-related data), and usage and analytics data. Certain information may be made available to applicable Enterprise Customers and their authorized users based on account configuration and permissions. Company may also collect payment information through third-party payment service providers, where applicable. Company does not sell personal information.
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7. Subscription and Payment Terms. Certain features of the Services may be offered to individual users on a subscription basis, including monthly or annual plans. Enterprise Customers do not access the Services through standard subscription offerings and instead engage with Company pursuant to enterprise or custom pricing arrangements. By enrolling in a subscription, you agree to pay all applicable fees as described at the time of purchase or as set forth in any applicable order form or agreement. For individual users, unless otherwise stated, subscription fees are billed in advance on a recurring basis and will automatically renew at the end of each billing cycle unless canceled prior to the renewal date. You authorize Company to charge your designated payment method for all applicable fees. Enterprise Customers are subject exclusively to separate written agreements, order forms, or invoicing terms, which shall govern fees, payment obligations, fixed terms, renewal terms, seat allocations (including specific user seats), and all related commercial terms.

All fees are non-refundable except in Company’s sole discretion or as otherwise required by applicable law. Company reserves the right to modify pricing or subscription terms at any time upon reasonable notice. Continued use of the Services following such changes constitutes acceptance of the updated pricing or terms. Company may suspend or terminate your access to the Services for any overdue or unpaid amounts.
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8. Service Availability. Company does not guarantee that the Site or Services will be available at all times or without interruption. The Services may be subject to downtime, delays, maintenance, or other interruptions. Company may perform scheduled or unscheduled maintenance, updates, or modifications to the Services at any time. Company does not provide any service level commitments, uptime guarantees, or service credits under this Agreement. Any service level commitments, uptime guarantees, or service credits applicable to Enterprise Customers shall be set forth, if at all, in a separate written agreement between Company and the applicable Enterprise Customer.
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9. Communications and Electronic Notices. By using the Site or Services, you consent to receive communications from Company electronically, including via email, in-app notifications, or other means. Such communications may include, without limitation, account-related notices, updates regarding the Services, billing communications, security alerts, or other administrative messages. You agree that all such communications satisfy any legal requirements that such communications be provided in writing.
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10. License. Unless otherwise stated, Company and/or its licensors own the intellectual property rights for all material on the Site and Services. All content included on the Site or Services, including without limitation text, graphics, images, videos, audio, layouts, design, software, interfaces, algorithms, models, data structures, recommendations, outputs, and underlying technology, is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trade secret, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site or Services is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Site or Services.

Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and Services solely for your own internal or personal use, as applicable, in accordance with this Agreement and the functionality made available to you, subject to the restrictions set forth in this Agreement.

For the avoidance of doubt, nothing on the Site or Services shall be construed as granting any license or rights to use Company’s software, models, algorithms, recommendation logic, datasets, platform functionality, service offerings, branding, or other proprietary materials, except as may be expressly set forth in a separate written agreement between you and Company.

You must not:

1. Republish material from the Site or Services
2. Sell, rent or sub-license material from the Site or Services
3. Reproduce, duplicate or copy material from the Site or Services
4. Redistribute content from the Site or Services (unless content is specifically made for redistribution)
5. Reverse engineer, decompile, or attempt to extract source code, models, or underlying ideas from the Site or Services
6. Use any content, data, or outputs from the Services to develop, train, or improve any competing product, model, or service.

11. Trademarks. “FuelWarden™,” the FuelWarden logo, and other Company names, logos, product and service names, designs, and slogans are trademarks of FuelWarden, Inc. You may not use any of these marks without the prior written permission of Company. All other trademarks, service marks, and trade names appearing on the Site or Services are the property of their respective owners, and use of them does not imply any affiliation with or endorsement by those owners.
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12. User Submissions. If you submit or transmit any information, materials, or content to Company through the Site or Services in connection with your use of the Services (including operational inputs such as account information, athlete data, training inputs, schedules, wearable-device integrations, or related data), including without limitation through account registration, onboarding, athlete profiles, training inputs, schedule data, wearable-device integrations, third-party connections, dashboard inputs, communications, or other interactions (including without limitation preferences, lifestyle inputs, performance-related data, and related materials) (collectively, "User Submissions"), you grant Company a non-exclusive, worldwide, royalty-free license to use, reproduce, process, store, and use such User Submissions for the purpose of operating, maintaining, supporting, improving, and providing the Site and Services, including without limitation generating recommendations, meal plans, insights, analytics, and other outputs, administering accounts, facilitating enterprise functionality, and conducting Company’s lawful business operations, in each case in accordance with the Privacy Policy. For the avoidance of doubt, the Services do not provide a public-facing platform for user-generated content, and User Submissions are used solely in connection with the operation and functionality of the Services. Notwithstanding the foregoing, where User Submissions are provided in connection with an Enterprise Account, the use, access, and control of such User Submissions may be subject to the configurations and permissions made available through the Services as described in this Agreement.

You represent and warrant that you own or have the necessary rights to submit such User Submissions and that they do not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, or any applicable laws. If you are submitting User Submissions on behalf of an Enterprise Customer or other third party, you further represent and warrant that you have obtained all necessary permissions, authorizations, and consents to provide such information to Company and to permit its use as described herein. You further acknowledge that Company may already be developing or have developed services, features, models, algorithms, or other concepts that are similar to or competitive with the ideas included in your User Submissions, and nothing in this Agreement restricts Company’s independent development activities.
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13. Site and Services Use. Company grants you a limited, revocable, nonexclusive license to use the Site and Services solely for your own internal and personal use, as applicable, in accordance with this Agreement and the functionality made available to you, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use not expressly permitted under this Agreement. You agree not to copy materials on the Site or Services, reverse engineer or break into the Site or Services, or use materials or information obtained through the Site or Services in violation of any law or for any unauthorized commercial purpose. You further agree not to attempt to gain unauthorized access to any portion of the Site or Services, interfere with their operation, scrape, harvest, or extract data from the Site or Services, or use the Site or Services in any manner that could damage, disable, or impair the Site, Services, or Company’s systems. You further agree not to misuse any outputs, recommendations, or data made available through the Services, including by using such outputs in a manner inconsistent with their intended purpose or in violation of this Agreement. Your use of the Site and Services is at the discretion of Company, and Company may terminate or suspend your use of this Site or Services at any time, with or without notice, for any reason or no reason at all. Company reserves the right to modify, suspend, discontinue, or replace any aspect of the Site or Services, including any features, functionality, integrations, AI models, recommendation logic, algorithms, or content, at any time without liability.
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14. Content Liability. We shall not be responsible or liable for any content submitted, transmitted, or otherwise provided by you through the Site or Services, including any User Submissions (as defined herein), nor for any content provided by third parties that may be accessed through the Site or Services, including without limitation any data obtained through wearable-device integrations, third-party platforms, or enterprise-provided inputs. You acknowledge and agree that you are solely responsible for any User Submissions you provide, and you assume all risks associated with such content. You further agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to (i) your User Submissions, (ii) your use of any third-party content or third-party integrations, or (iii) your violation of any applicable law or the rights of any third party, including, without limitation, any claims relating to any data, materials, or content you provide or make available through the Services, or your use of or reliance on any data, recommendations, or outputs generated through the Services. If you access or use the Services on behalf of an Enterprise Customer, you further acknowledge and agree that Company shall have no liability for the actions, permissions, or use of data by such Enterprise Customer or its authorized users, and such Enterprise Customer is solely responsible for its access to and use of any content or data made available through the Services.
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15. Links to Other Sites. The Site or Services may provide links to other websites or third-party services, including without limitation wearable-device providers, third-party application or platform providers, data sources, social media platforms, analytics providers, or other service providers, and may include integrations or connections with such third-party services. Such third-party websites and services are not under the control of Company, and Company is not responsible for the content, accuracy, availability, security, functionality, data integrity, or practices of any such third parties. These Terms of Use and Company’s Privacy Policy apply solely to the Site and Services. Any third-party websites or services may have their own terms of use and privacy policies, and you are encouraged to review them before engaging with such third parties. Your interactions with any third-party websites or services or your use of any third-party integrations or connected services are solely between you and such third parties, and Company shall have no liability or responsibility arising from or related to such interactions or integrations, including without limitation any data transmitted to or from such third parties or any reliance on third-party data or functionality.
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16. Third-Party Integrations and API Risk. The Services may integrate with or rely upon third-party devices, platforms, and application programming interfaces (“APIs”), including wearable device providers and fitness tracking services. Company does not control and is not responsible for the performance, availability, accuracy, security, or reliability of any such third-party integrations. Without limiting the foregoing, Company shall have no responsibility or liability for any API failures, service interruptions, delays in data transmission, incomplete or corrupted data, synchronization errors, or security vulnerabilities arising from or related to any third-party integrations. You acknowledge that data obtained through third-party integrations may be delayed, inaccurate, incomplete, or unavailable, and Company does not independently verify such data.
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17. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site and Services and any interactions or communications with Company through the Site or Services. You further agree that information provided by you is truthful and accurate to the best of your knowledge and does not violate any applicable laws or regulations. Without limiting the foregoing, you acknowledge that you are solely responsible for ensuring that your use of the Services, including without limitation your collection, input, use, sharing, or reliance on any data, information, recommendations, or outputs made available through the Services, complies with all applicable federal, state, local, and international laws and regulations. This includes, without limitation, any laws relating to data privacy, data protection, student or educational records, biometric or health-related information, consumer protection, or any other applicable regulatory requirements.

If you are accessing or using the Services on behalf of an Enterprise Customer, you further acknowledge and agree that such Enterprise Customer is solely responsible for its compliance with all applicable laws and regulations in connection with its access to and use of athlete-related data, including without limitation obtaining any required consents, permissions, or authorizations. Company does not provide legal, regulatory, medical, or professional compliance advice through the Services.
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18. Indemnification. You agree to indemnify, defend and hold Company, its affiliates, and its respective officers, directors, employees, agents, successors, and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, obligations, claims, actions, suits, proceedings, demands, judgments, assessments, fines, interest, penalties, costs, and expenses (including settlement costs and reasonable legal, accounting, experts’ and other fees, costs and expenses) arising out of or in connection with (i) your violation of this Agreement or your use of the Site or Services, (ii) any information, materials, or content submitted by you to Company, including User Submissions, or otherwise made available through your use of the Site or Services, (iii) your violation of any applicable law or regulations, (iv) your use of or reliance on any data, recommendations, outputs, or insights generated through the Site or Services, including without limitation any health, nutrition, training, or performance-related decisions, or (v) if you are an Enterprise Customer or acting on behalf of one, your collection, access, use, disclosure, or management of athlete-related data or permissions through the Site or Services.
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19. Disclaimer. THE INFORMATION ON THIS SITE AND SERVICES IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE AND SERVICES IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE SITE AND SERVICES UTILIZE ARTIFICIAL INTELLIGENCE (“AI”) AND AUTOMATED SYSTEMS TO GENERATE RECOMMENDATIONS, MEAL PLANS, AND OTHER OUTPUTS, AND SUCH AI-GENERATED OUTPUTS MAY BE INACCURATE, INCOMPLETE, OR UNSUITABLE FOR YOUR SPECIFIC CIRCUMSTANCES AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
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WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITE OR SERVICES, OR THE SUITABILITY, QUALITY, OR PERFORMANCE OF ANY SERVICES, RECOMMENDATIONS, OUTPUTS, OR FEATURES PROVIDED THROUGH THE SITE OR SERVICES.

ALL INFORMATION, DATA, RECOMMENDATIONS, MEAL PLANS, FUELING GUIDANCE, INSIGHTS, AND OTHER OUTPUTS PROVIDED THROUGH THE SITE OR SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS MEDICAL, NUTRITIONAL, OR PROFESSIONAL ADVICE, OR AS A GUARANTEE OF ANY HEALTH, PERFORMANCE, OR TRAINING OUTCOME. COMPANY DOES NOT PROVIDE MEDICAL, DIETETIC, NUTRITIONAL, OR HEALTHCARE SERVICES, AND NOTHING IN THE SITE OR THE SERVICES CREATES ANY PHYSICIAN-PATIENT, DIETITIAN-CLIENT, OR OTHER PROFESSIONAL RELATIONSHIP. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING (I) THE ACCURACY OR RELIABILITY OF ANY DATA PROVIDED BY YOU, ANY ENTERPRISE CUSTOMER, OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY WEARABLE DEVICE OR INTEGRATION; (II) THE ACCURACY, COMPLETENESS, OR FITNESS OF ANY AI-GENERATED OR AUTOMATED OUTPUTS, OR (III) ANY HEALTH, TRAINING, INJURY-PREVENTION, OR PERFORMANCE RESULT. COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY FAILURE BY YOU OR ANY USER TO FOLLOW, IMPLEMENT, OR ADHERE TO ANY RECOMMENDATIONS, PLANS, OR GUIDANCE PROVIDED THROUGH THE SERVICES.

ANY SUBSCRIPTION SERVICE, ENTERPRISE ENGAGEMENTS, OR OTHER COMMERCIAL RELATIONSHIPS WITH COMPANY MAY BE SUBJECT TO SEPARATE WRITTEN AGREEMENTS, AND COMPANY MAKES NO WARRANTIES OR GUARANTEES EXCEPT AS MAY BE EXPRESSLY SET FORTH IN SUCH AGREEMENTS.

TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE OR SERVICES SHALL BE TO DISCONTINUE USING THE SITE AND SERVICES.

You acknowledge and agree that any outputs, recommendations, meal plans, fueling strategies, performance insights, or other content generated through the Services (including, without limitation, those generated using AI or other automated systems) may be incomplete, inaccurate, outdated, or inappropriate for your specific circumstances, and may result in adverse outcomes, including without limitation injury, illness, or diminished performance, if relied upon or implemented.

The Services are not designed or intended to diagnose, treat, prevent, or mitigate any injury, medical condition, or health-related issue, nor to guarantee any performance or training outcome.

You further acknowledge that all decisions regarding training, nutrition, recovery, and physical activity are made at your own discretion and risk, and you assume full responsibility and all risks associated with the use or implementation of any outputs or recommendations provided through the Services.
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20. Assumption of Risk. You acknowledge that participation in athletic training, physical activity, and dietary or nutritional changes involves inherent risks, including the risk of injury, illness, or other adverse outcomes. By using the Services, you voluntarily assume all such risks, whether known or unknown, associated with your use of or reliance on the Services and any outputs generated thereby.
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21. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR SERVICES, YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY CONTENT, DATA, RECOMMENDATIONS OR OUTPUTS, OR ANY RELIANCE ON INFORMATION PROVIDED THROUGH THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RELATED TO SYSTEM PERFORMANCE, NETWORK CONNECTIVITY, SECURITY ISSUES, TECHNOLOGY FAILURES, THIRD-PARTY INTEGRATIONS, OR DATA INACCURACIES.

Without limiting the foregoing, to the maximum extent permitted by applicable law, Company shall have no liability for any personal injury, physical harm, illness, or adverse health or performance outcome arising out of or relating to your use of, reliance on, or implementation of any outputs, recommendations, or data provided through the Services.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO (I) ANY HEALTH, NUTRITION, TRAINING, OR PERFORMANCE DECISION MADE OR NOT MADE IN RELIANCE ON THE SERVICES, (II) ANY INACCURACY OR FAILURE OF DATA PROVIDED BY YOU, ANY ENTERPRISE CUSTOMER, OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION WEARABLE DEVICES OR INTEGRATIONS), OR (III) ANY ACCESS TO, USE OF, OR RELIANCE ON ATHLETE-RELATED DATA BY ANY ENTERPRISE CUSTOMER OR ITS AUTHORIZED USERS.

Without limiting the foregoing, Company shall have no liability arising out of or relating to any failure, unavailability, inaccuracy, or security issue of any third-party device, platform, or API, or any reliance on data obtained through such third-party integrations.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO ANY SUBSCRIPTION SERVICES, ENTERPRISE ENGAGEMENTS, OR OTHER COMMERCIAL RELATIONSHIPS BETWEEN YOU AND COMPANY, EXCEPT AS MAY BE EXPRESSLY SET FORTH IN A SEPARATE WRITTEN AGREEMENT, AND IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY CLAIMS, DEMANDS, OR ACTIONS ASSERTED BY ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE FOREGOING.
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TO THE EXTENT ANY LIABILITY IS NOT LEGALLY EXCLUDABLE, COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) PER USER, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES AND/OR ANY CONTENT, DATA, OR OUTPUTS IS TO CEASE ALL USE OF THE SITE AND SERVICES.
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You may have additional rights under certain laws (including applicable consumer protection laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
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22. Use of Information. Company reserves the right, and you authorize us, to collect, use, and process information regarding your use of the Site and Services and any information provided by you, including User Submissions, in accordance with our Privacy Policy. Such information may be used for purposes including, without limitation, operating, maintaining, and improving the Site and Services, generating recommendations, meal plans, insights, and other outputs, administering accounts, facilitating enterprise functionality, communicating with you, providing customer support, and conducting Company’s lawful business operations. You acknowledge and agree that certain information, including User Submissions and related data, may be made available to applicable Enterprise Customers and their authorized users based on account configuration and permissions, as further described in the Privacy Policy. Company does not sell personal information.
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23. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Site or Services (including the specific URL, if available);
    4. Your address, telephone number, and e-mail address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

To report content on the Site or Services that you believe infringes your copyright, please send a notice containing the information described above to FuelWarden, Inc. at hello@fuelwarden.app.

24. Applicable Law. You agree that the laws of the state of Delaware, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and Company or its affiliates. You further agree that any legal action or proceeding arising out of or relating to this Agreement or your use of the Site or Services shall be brought exclusively in the state or federal courts located within the State of Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.
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25. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
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26. Waiver. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of Company, and any such waiver shall apply only to the specific instance for which it is given and shall not be deemed a continuing waiver.
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27. Termination. Company may terminate this Agreement and/or suspend or terminate your access to the Site or Services (including any associated accounts) at any time, with or without notice, for any reason, including without limitation any violation of this Agreement. Company may also suspend, limit, or restrict access to certain features or functionality of the Services at its discretion. Upon termination, your right to access and use the Site and Services will immediately cease; however, any provisions of this Agreement which by their nature should survive termination (including, without limitation, provisions relating to intellectual property, disclaimers, limitation of liability, and indemnification) shall survive.
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28. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site or Services shall be construed to constitute either Party as a partner, joint venturer, employee, or agent of the other Party, nor shall either Party hold itself out as such. Neither Party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other Party. Each Party shall remain an independent party responsible for its own actions.

For the avoidance of doubt, any business relationship between you and Company, including any subscription services, enterprise engagements, pilot programs, or other commercial arrangements, shall be governed by this Agreement; provided, however, that such relationships may also be subject to separate written agreements entered into between the Parties, which may supplement or modify the terms of this Agreement with respect to the applicable subject matter, and in the event of any conflict, such separate agreements shall control solely to the extent of such conflict.
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29. Entire Agreement. These Terms of Use constitute the entire agreement between you and Company and govern the terms and conditions of your use of the Site and Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Site and Services. Notwithstanding the foregoing, these Terms of Use apply to your use of the Site and Services, including in connection with any subscription services, enterprise engagements, pilot programs, or other commercial relationships with Company; provided, however, that such relationships may also be subject to separate written agreements between the Parties, which may supplement or modify these Terms of Use with respect to the applicable subject matter, and in the event of any conflict, such separate agreements shall control solely to the extent of such conflict. You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site or Services. Company may revise these Terms of Use at any time by updating this Agreement and posting it on the Site or otherwise making it available through the Services. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of the Site or Services after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
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30. Contact Information.

FuelWarden, Inc.

support@fuelwarden.app
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CONSENT

By using the Site or Services, you hereby consent to these Terms of Use. If you are using the Site or Services on behalf of an organization, you are agreeing to this Agreement for that organization and representing that you have the authority to bind that organization to this Agreement. In that case, "you" and "your" will refer to that organization.

ELECTRONIC AGREEMENT

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and Services. By using the Site or Services in any manner, you agree to this Agreement, as it may be updated or amended from time to time by Company in accordance with its terms. This electronic agreement acknowledges that you are able to electronically receive, download, and print this Agreement.

ACKNOWLEDGEMENT

By using the Site or Services, you acknowledge that you have read these Terms of Use and agree to be bound by them, as in effect at the time of your use of the Site or Services.

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