Terms of Service
1. Agreement
These Terms of Service ("Terms") govern your access to and use of mobile applications and related services published by Polygonale Inc. ("Polygonale," "we," "our," or "us"), including EvoluFit (collectively, the "Services"). By downloading, accessing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 13 years old to use the Services. If you are under the age of majority in your province or territory, you may use the Services only with the consent of a parent or legal guardian who accepts these Terms on your behalf.
3. License and Acceptable Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use our Apps for your personal, non-commercial use.
You agree not to:
- Use the Services for any unlawful purpose
- Reverse engineer, decompile, or attempt to extract source code except where permitted by law
- Interfere with or disrupt the Services or related systems
- Circumvent subscription, usage limits, or security features
- Use the Services to provide medical advice to others or as a substitute for professional care
4. Health and Fitness Disclaimer
The Services, including EvoluFit, are intended for general fitness, habit tracking, and informational purposes only. They are not medical devices and do not provide medical advice, diagnosis, or treatment. Always consult a qualified health professional before starting a new fitness or nutrition program. You assume all risk arising from your use of the Services.
5. Accounts and Your Content
You are responsible for activity on your account and for maintaining the security of your device. You retain ownership of content you create in the Apps. You grant us a limited license to process that content only as needed to operate the Services you choose to use.
6. Subscriptions and Payments
Some features may require a paid subscription. Purchases made through the Apple App Store or Google Play are billed by those platforms and are subject to their terms. Subscription management, renewal, cancellation, and refunds are handled according to the applicable store policies unless otherwise required by law.
Prices and features may change. Where required, we will provide notice of material changes in accordance with applicable law.
7. AI Features
Optional AI-powered features, such as meal analysis in EvoluFit, generate estimates that may be inaccurate or incomplete. You are responsible for reviewing results before relying on them. Use of hosted AI features may be subject to usage limits and subscription requirements described in the App.
8. Intellectual Property
The Services, including software, design, branding, and documentation, are owned by Polygonale or its licensors and are protected by intellectual property laws. These Terms do not grant you any rights to our trademarks or branding except as necessary to use the Services as intended.
9. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
10. Third-Party Services
The Services may integrate with or link to third-party services. We are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POLYGONALE INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY CANADIAN DOLLARS (CAD $50).
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
13. Indemnity
You agree to indemnify and hold harmless Polygonale from claims, damages, losses, and expenses (including reasonable legal fees) arising out of your misuse of the Services or violation of these Terms, except to the extent caused by our negligence or willful misconduct.
14. Suspension and Termination
We may suspend or terminate your access to the Services if you violate these Terms or if we reasonably believe suspension is necessary to protect the Services, users, or third parties. You may stop using the Services at any time.
15. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will post the updated Terms on this page and update the "Last updated" date. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms, except where prohibited by law.
16. Governing Law
These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree that the courts located in Montreal, Quebec will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, except where applicable law grants you non-waivable rights to bring claims elsewhere.
17. Contact
For questions about these Terms, contact:
Polygonale Inc.
2097 avenue de la Salle #8, Montréal, QC H1V 2K6, Canada