Last updated: March 24, 2025
Please read these Terms and Conditions carefully. By accessing or using the Mofilo website (mofilo.app) or mobile application, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of all Mofilo services, content, tools, and applications.
Welcome to Mofilo ("we," "our," or "us"). These legally binding Terms and Conditions govern your use of our website located at mofilo.app (the "Site"), mobile application named "Mofilo" (the "App"), and any related services, features, content, tools, calculators, and applications (collectively, the "Services").
By downloading, installing, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. These Terms constitute a legal agreement between you and Mofilo LLC, regardless of whether you are using paid or free components of our Services. If you disagree with any part of these Terms, you have no right to access or use our Services and should delete the App and cease all use of the Site immediately.
Your use of our Services is also subject to our Privacy Policy, which is incorporated by reference into these Terms.
Important: Mofilo is a fitness and wellness application designed for general health tracking, nutritional guidance, and workout planning. Mofilo is not a medical organization, and our Services do not constitute medical advice. This app is NOT a medical device and does not provide medical advice, diagnosis, or treatment.
The information, content, and services provided through Mofilo, including but not limited to workout plans, nutrition guidance, fitness metrics, and third-party food/nutrition data, are intended solely for general informational and educational purposes only and should not be used as a substitute for professional medical, nutritional, or dietary advice.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any new diet or exercise program. Always consult with qualified healthcare professionals regarding your specific dietary needs and health conditions.
If you think you may have a medical emergency, call your doctor or emergency services immediately.
The Services are intended for use by individuals who are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. By using the Services, you represent and warrant that you meet these age requirements. If you are under the required age, you may not use the Services under any circumstances.
If we discover or have reason to believe that you are not of the required age, we reserve the right to suspend or terminate your account immediately and delete any personal information we have collected from you.
The Services are intended for use by individuals located in jurisdictions where the Services and their contents are not prohibited by law. You are responsible for complying with the laws of your jurisdiction when accessing or using the Services.
You may not use the Services if:
Mofilo makes no representation that the Services or any of their content is available or appropriate for use in all locations. Access to the Services may not be legal by certain persons or in certain jurisdictions. Mofilo reserves the right to limit, in its sole discretion, the provision and quantity of any Services to any person or in any jurisdiction.
If you are accessing our Services from regions with laws governing data collection, use, or processing that may differ from United States law, including the European Union and the United Kingdom, please note that we may transfer your information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction.
For users in the European Economic Area (EEA), United Kingdom, or Switzerland:
We apply appropriate technical and organizational measures to ensure a level of security appropriate to the risk associated with processing your personal data. For more information about our data protection practices, your rights, and how to exercise them, please see our Privacy Policy.
When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are solely responsible for:
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, with or without notice. Under no circumstances shall Mofilo be liable for any loss or damage arising from your failure to comply with these provisions.
While we provide various free tools, calculators, quizzes, templates, resources, and content, these are provided on an "as is" and "as available" basis without any warranties, representations, or guarantees of any kind. By using our free tools, calculators, quizzes, resources, and content, you agree to the following:
We reserve the right to modify, suspend, or discontinue any free tool, calculator, quiz, resource, or content at any time without notice or liability.
By using our Services, you explicitly acknowledge and agree that:
By using Mofilo's Services, you voluntarily assume all known and unknown risks associated with physical activity and exercise and waive any claim against Mofilo for injuries, damages, or adverse health effects arising from your use of our Services.
Some features provide automated adjustments and estimated values to help with tracking and planning. These are for informational purposes only. You are responsible for reviewing and deciding whether to apply any change.
Workout and food logging features are provided on an “as‑is” basis and may change over time. We do not guarantee that entries, history, or metrics will always be available, backed up, or preserved. You are responsible for maintaining your own copies of any information you wish to keep.
Our Services may reference, cite, display, or provide access to articles, research studies, publications, or other content created by third-party publishers, academic institutions, news organizations, or other content creators ("Third-Party Content"). This content is included solely for informational and educational purposes to help support our fitness and nutrition guidance.
You acknowledge and agree that:
If you are a publisher, author, or content creator and believe your content has been used inappropriately, please contact our support team for immediate review and resolution.
Accounts are created and accessed only via Sign in with Apple or Sign in with Google. Email/password accounts are not supported. Your Mofilo account is permanently tied to the Apple ID or Google Account you used during initial sign‑up.
If you have questions about which sign‑in you used or how to proceed, contact our support team.
You may delete your account from within the App while logged in, or submit a request via our web resource at https://www.mofilo.app/delete-mobile-account. If you cannot access the App, you can also email support@mofilo.app to request deletion. Depending on your subscription status and app version, in‑app deletion is available through one of the following paths:
Account deletion is processed in‑app and is irreversible. Once completed, you will not be able to recover any data associated with your account.
When your account is deleted, we permanently remove your account and associated personal data from our systems; we do not retain it. Data that you previously chose to sync to third‑party platforms (for example, Apple Health/HealthKit, Google Fit, or Health Connect) is managed by those platforms and subject to their policies.
These Terms are effective until terminated by you or Mofilo. Your rights under these Terms will terminate automatically if you fail to comply with any of their terms.
Mofilo reserves the right to suspend or terminate your account and/or restrict access to certain features (including removal from marketing email lists) at any time, without prior notice or liability, for any reason whatsoever, including conduct that we reasonably believe:
The suspension or termination of your account (including removal from marketing email lists) shall not entitle you to any claims for compensation, damages, or reimbursement. However, it does not exempt you from paying any applicable fees or prices already incurred prior to termination.
Upon termination of your account, whether initiated by you or by Mofilo:
The following terms apply only to users who purchase a subscription to our premium services. If you are using only free features of our Services, this section does not apply to you. When you purchase a subscription to our Services, you agree to the following terms:
All subscriptions to Mofilo are purchased exclusively through the Apple App Store or Google Play Store. Our website does not process or manage any subscription transactions. All prices are shown in the applicable currency as displayed in the respective app store and are exclusive of any applicable taxes unless otherwise stated. You agree to pay all charges at the rates in effect when the charges are incurred through the respective app store.
We reserve the right to change our subscription fees, pricing structure, or introduce new charges at any time. Price changes will take effect at the start of the next subscription period following the date of the price change. All notifications regarding price changes are sent through the Apple App Store or Google Play Store according to their respective policies. By continuing to use the Services after those changes become effective, you agree to the updated fees and charges.
All subscriptions purchased through Apple App Store or Google Play Store automatically renew at the end of your subscription period, whether monthly, quarterly, annual, or otherwise, unless you cancel your subscription before the end of the current subscription period. By subscribing to the Services, you expressly acknowledge and agree that the respective app store will automatically renew your subscription and charge the payment method associated with your app store account.
BY PURCHASING A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT BEFORE THE END OF THE CURRENT BILLING PERIOD. UPON RENEWAL, THE PAYMENT METHOD ASSOCIATED WITH YOUR ACCOUNT WILL AUTOMATICALLY BE CHARGED THE THEN-CURRENT RATE FOR YOUR SUBSCRIPTION PLAN (PLUS APPLICABLE TAXES).
For all subscription plans, payment will be charged to your payment method through your Apple App Store or Google Play Store account at confirmation of purchase and at the beginning of each renewal period. Your subscription will automatically renew for the same subscription period (monthly, quarterly, or annually) at the then-current price unless you cancel it at least 24 hours before the end of the current billing period.
For subscriptions with a renewal period longer than 6 months (such as annual subscriptions), we will make efforts to send you a renewal reminder notice at least 15 days before your subscription renews. However, our failure to send such a reminder or your failure to receive it does not affect your subscription renewal or relieve you of any obligation to pay renewal fees. You acknowledge that renewal notifications are managed by the respective app stores (Apple App Store or Google Play Store) and are subject to their notification policies.
If the price of your subscription changes, notifications regarding such changes are handled exclusively by the Apple App Store or Google Play Store according to their respective policies. Mofilo does not provide separate notifications about subscription price changes. Users are responsible for monitoring communications from their respective app store platform. By continuing to use the Services after a price change takes effect, you agree to pay the updated price. If you do not agree to the updated price, you must cancel your subscription before the renewal date to avoid being charged the updated price.
The terms of these Terms will govern any content, materials, or services accessible from or purchased within the Services as well as upgrades provided by Mofilo that replace or supplement the original Services, unless such upgrade is accompanied by separate terms and conditions.
All subscription cancellations must be processed through the platform where you purchased your subscription:
Please note that Mofilo cannot directly cancel subscriptions as all subscription management is handled exclusively by Apple and Google. Mofilo does not have access to or control over your subscription status in these platforms. Failure to cancel through the appropriate platform will result in continued billing. Our website does not provide subscription cancellation functionality.
If you cancel, you will still have access to your subscription benefits until the end of your then-current subscription period, but you will not receive a refund for any fees already paid for the current subscription period. Cancellation will take effect at the end of your current subscription period.
Mofilo does not process or control payments for subscriptions, as all transactions are managed by the Apple App Store or Google Play Store. As such, Mofilo cannot directly issue refunds for any subscription purchases.
All refund requests must be submitted directly to Apple or Google, according to their respective refund policies:
Mofilo has no obligation or ability to provide refunds for purchases made through these platforms. Any communication to Mofilo regarding refunds will be directed to the appropriate app store platform, as we cannot process these requests directly.
Free trials to our subscription services are only available through the Apple App Store or Google Play Store. If you sign up for a free trial, you will automatically be enrolled in the paid subscription at the then-current subscription rate at the end of the trial period unless you cancel before the end of the trial period through the respective app store.
For free trials initiated through the Apple App Store or Google Play Store, the trial period and conversion to paid subscription are managed according to Apple's or Google's respective policies. To avoid charges, you must cancel your subscription before the free trial ends, directly through your Apple App Store or Google Play Store account settings. Mofilo cannot cancel or modify free trials that were initiated through these platforms.
If your payment method registered with the Apple App Store or Google Play Store is declined or fails for any subscription charge, the respective app store may make multiple attempts to bill that payment method according to their policies. Payment processing and collection are handled exclusively by Apple or Google. If they are unable to successfully charge your payment method, they may suspend or terminate your access to the subscription services according to their terms.
All payment disputes must be directed to the platform through which you purchased your subscription (Apple App Store or Google Play Store). Since Mofilo does not process payments directly, we cannot assist with payment disputes or billing issues. Contact Apple or Google support for assistance with any disputed charges.
We reserve the right to modify, terminate, or otherwise amend the services and features offered in our subscriptions at any time. If we make a material change that significantly reduces the value of your subscription, we may offer alternative arrangements, but we are not obligated to do so.
You are responsible for maintaining the accuracy of your billing information with the respective app store (Apple or Google). If your billing information changes, you must update it promptly through your Apple or Google account settings. Failure to maintain accurate billing information may result in service interruption. Mofilo does not have access to or control over your billing information stored with these platforms.
Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Subject to your compliance with these Terms, you may use the Licensed Application on any Apple-branded products that you own or control and as permitted by the following Usage Rules:
These Usage Rules apply regardless of whether you access the Services through the mobile application or website.
All intellectual property rights, including copyrights, patents, trademarks, trade names, logos, corporate names, domain names, service marks, trade secrets, know-how, database rights, design rights, and all other proprietary rights that may exist in any part of the world ("Intellectual Property Rights") in the Services, including but not limited to text, images, graphics, logos, icons, software, source code, content, audio, video, data compilations, and documentation, are the exclusive property of Mofilo LLC or its licensors.
All trademarks, service marks, trade names, logos, and product names displayed on or in connection with the Services are registered and unregistered trademarks of Mofilo LLC or third parties. Nothing contained in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or logo displayed on the Services without the written permission of Mofilo LLC or the relevant third party.
The compilation of all content and materials on the Services is the exclusive property of Mofilo LLC and is protected by copyright laws. The design, structure, selection, coordination, expression, and arrangement of such content is protected by copyright, trademark, and other laws, and may not be copied or imitated in whole or in part.
You acknowledge that:
"User Content" refers to any text, data, information, images, photographs, workout routines, meal plans, comments, feedback, suggestions, or other content that you create, upload, post, submit, or transmit through our Services, including but not limited to profile information, progress photos, custom workout plans, or reviews.
You retain ownership of any intellectual property rights that you hold in your User Content. However, by creating, uploading, posting, submitting, or transmitting any User Content, you grant to Mofilo a worldwide, royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating and providing our Services. This license continues even if you stop using our Services, except to the extent that you delete your User Content.
You represent and warrant that:
We reserve the right (but have no obligation) to review, screen, filter, edit, refuse, or remove any User Content at our sole discretion, for any or no reason, including if we believe such content violates these Terms or applicable law. We assume no liability for any User Content that you or any other user or third party submits.
You acknowledge and agree that Mofilo may preserve User Content and disclose it if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mofilo, its users, or the public.
If you provide Mofilo with any feedback, suggestions, improvements, or recommendations regarding our Services (collectively, "Feedback"), you grant Mofilo an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free right to use such Feedback for any purpose without compensation or attribution to you. You agree that Mofilo shall be free to use, disclose, reproduce, license, distribute, and exploit any Feedback provided by you as we see fit, entirely without obligation or restriction of any kind.
Except as expressly permitted in these Terms or by our prior written consent, you agree not to copy, replicate, reproduce, publicly display, mirror, frame, scrape, crawl, data mine, bulk export, reverse engineer, decompile, disassemble, translate, or otherwise attempt to derive the source code, underlying models, datasets, schemas, or business logic of the Services (including the website, app, tools, calculators, databases, images, designs, animations, and UI/UX flows). To the maximum extent permitted by applicable law, you further agree that you will not:
Unauthorized use may cause Mofilo irreparable harm. In addition to any other remedies, Mofilo may seek injunctive or other equitable relief without the need to post a bond. Nothing in this Section limits your rights that cannot be restricted under applicable law.
While we strive to provide uninterrupted access to our Services, you acknowledge and agree that:
You agree that Mofilo shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, whether planned or unplanned. Mofilo will make reasonable efforts to notify users of significant planned service interruptions when practicable, but failure to provide such notice shall not create any liability.
Neither Mofilo nor you shall be liable for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) where the delay or failure results from any cause beyond the reasonable control of that party, including but not limited to:
If a force majeure event occurs, the affected party shall be excused from performance of the affected obligations for the duration of the force majeure event and shall not be liable for any delay or failure to perform its obligations during such period. The affected party shall:
If a force majeure event continues for a period of more than sixty (60) consecutive days, either party may terminate these Terms by providing written notice to the other party, without incurring any liability as a result of such termination.
This Force Majeure clause does not excuse your obligation to pay any fees that are due and payable under these Terms, regardless of the occurrence of a force majeure event.
We work hard to keep the app and website available and reliable, but we do not guarantee uninterrupted or error‑free operation. From time to time, you may experience crashes, bugs, delays, data sync issues, or limited functionality due to factors within or outside our control.
Nothing in this section limits rights that cannot be excluded under applicable law. See also Sections 8 (Service Interruption and Availability) and 8A (Force Majeure).
Our Services may contain links to third-party websites or services that are not owned or controlled by Mofilo. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
You further acknowledge and agree that Mofilo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
For more detailed information about how we interact with third-party services, including data sharing practices and your options regarding third-party services, please refer to our Privacy Policy.
Our Services utilize third-party nutrition databases to provide food and nutrition information. By using our food search and nutrition tracking features, you acknowledge and agree that:
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You may terminate these Terms at any time by discontinuing use of our Services and deleting your account. However, certain provisions of these Terms will continue to apply even after termination.
Your use of the Services is at your sole risk. The Services and all content are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Mofilo LLC, its subsidiaries, affiliates, officers, employees, agents, partners, and licensors do not warrant that:
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
To the maximum extent permitted by applicable law, in no event shall Mofilo LLC, its directors, employees, partners, agents, suppliers, affiliates, or contractors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, revenue, data, goodwill, use or other intangible losses, arising out of or relating to your use of or inability to use the Services, even if Mofilo has been advised of the possibility of such damages.
Nothing in these Terms shall exclude or limit Mofilo's liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using the Services during the twelve (12) months immediately preceding the event giving rise to liability, or one hundred dollars ($100 USD), whichever is greater.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Mofilo and you.
You agree to defend, indemnify, and hold harmless Mofilo LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally settled by binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in effect. The place of arbitration shall be Delaware, United States. The language of the arbitration shall be English.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Mofilo are each waiving the right to trial by jury or to participate in a class action.
This arbitration provision shall survive termination of these Terms.
Except to the extent expressly provided in the following paragraph, these Terms and the relationship between you and Mofilo shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You and Mofilo agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware to resolve any dispute or claim arising from these Terms.
If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Services from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from these Terms shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
We may modify or update these Terms at any time. Unless otherwise stated, changes are effective upon posting the updated Terms on our website or in the App, along with an updated “Last updated” date at the top of this page. Your continued access to or use of the Services after the revised Terms are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and, if applicable, delete your account.
For material changes to these Terms, we will provide at least thirty (30) days' advance notice by posting the revised Terms with an updated effective date and, where feasible, by in-app notification, email, or other prominent notice. Where required by applicable law, we will provide additional notice of material changes (for example, by in‑app banner, dialog, or email) and/or request your consent (for example, for changes that expand the use of cookies, analytics, or processing purposes). Certain changes may also be subject to platform or regional requirements (for example, app store policies or consumer protection rules).
It is your responsibility to review these Terms periodically. The most current version of these Terms will govern your use of the Services.
We currently do not offer an in‑app data export or portability feature for workout logs, food logs, or other account data. You are responsible for keeping your own copies of any information you wish to retain. Where applicable law grants you portability rights, please refer to our Privacy Policy for how to submit a request; statutory response timelines will apply.
These Terms, together with the Privacy Policy and any other legal notices published by Mofilo on the Services, constitutes the entire agreement between you and Mofilo concerning the Services and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Mofilo with respect to the Services.
The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
You agree that Mofilo may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. Mofilo may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
For more detailed information about our data collection and use practices, please refer to our Privacy Policy.
If you download and use our App through the Apple App Store, you agree to comply with Apple's App Store terms and conditions available at https://www.apple.com/legal/internet-services/itunes/. If you download and use our App through the Google Play Store, you agree to comply with Google's Play Store terms and conditions available at https://play.google.com/intl/en-us_us/about/play-terms/.
You acknowledge that these Terms are between you and Mofilo only, and not with Apple Inc., Google LLC, or any other app store provider. However, you acknowledge that Apple and Google are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.
The following additional terms apply specifically to the Mofilo mobile application downloaded from the Apple App Store:
You acknowledge that this End User License Agreement (EULA) is concluded between you and Mofilo LLC only, and not with Apple Inc. Mofilo LLC, not Apple, is solely responsible for the Mofilo App and its content.
The license granted to you for the Mofilo App is limited to a non-transferable license to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, including the Licensed Application End User License Agreement available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.
Mofilo LLC is solely responsible for providing any maintenance and support services with respect to the Mofilo App, as specified in this EULA or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mofilo App.
Mofilo LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mofilo App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Mofilo LLC's sole responsibility.
You acknowledge that Mofilo LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the Mofilo App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This EULA does not limit Mofilo LLC's liability to you beyond what is permitted by applicable law.
You acknowledge that, in the event of any third party claim that the Mofilo App or your possession and use of the App infringes that third party's intellectual property rights, Mofilo LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any questions, complaints or claims with respect to the Mofilo App should be directed to:
Mofilo LLC
1309 Coffeen Ave STE 1200
Sheridan, WY 82801
United States
Email: support@mofilo.app
You must comply with applicable third party terms of agreement when using the Mofilo App.
You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
Our App may request access to certain features of your mobile device, such as the camera (for progress photos), health data (for fitness tracking), location services (for gym location features), push notifications, or other features. You can manage these permissions through your device settings. If you initially grant these permissions but later change your mind, you can revoke them through your device settings, though this may limit functionality.
Our App collects and processes data in accordance with our Privacy Policy. By installing and using our App, you consent to such processing as described in our Privacy Policy.
All in-app purchases and subscriptions are processed by the Apple App Store or Google Play Store, not by Mofilo. All billing and payment disputes must be directed to the relevant app store. Mofilo is not responsible for any payment processing issues, including billing errors, refund processing, or payment method changes.
Our App offers auto-renewing subscriptions through in-app purchases. By purchasing a subscription, you understand that:
Mofilo may, from time to time, update our App to implement bug fixes, enhanced functions, new features, or version updates. Such updates may be automatic or manual depending on your device settings. While we strive to provide notice for major updates, we reserve the right to update the App without specific notice to you.
We do not guarantee that our App will always be updated to be compatible with the latest versions of iOS or Android. You are responsible for downloading any updates to maintain compatibility and access to our Services.
Our App may include third-party software components or technologies that are subject to separate license terms. To the extent applicable, a list of such components and their respective license terms may be provided in our App or through our website.
Under California Civil Code Section 1789.3, California users of our App are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
With your explicit permission, the App may read from and/or write to health data platforms provided by your device or operating system (including, but not limited to, Apple Health/HealthKit on iOS and Google Fit/Health Connect on Android). These integrations are optional and you can enable, disable, or revoke access at any time through your device settings.
We may use Google Analytics for both our website and mobile app, and Firebase Crashlytics for mobile crash reporting/diagnostics, to help operate and improve the Services. These tools collect technical information (for example, device/OS/app version, basic usage and performance data, crash traces) to diagnose issues and understand feature usage. We do not use Crashlytics for advertising.
Google Analytics may operate via cookies and similar technologies on the web and via SDKs in the mobile app (for example, Google Analytics for Firebase). Regional consent requirements may apply. For more information, see the Google Analytics and Firebase documentation and our Privacy Policy. Where required by law, we will obtain consent before enabling analytics.
Mofilo reserves the right to transfer, assign, sublicense, or pledge, in any manner whatsoever, these Terms and any rights, obligations, and services provided under these Terms, in whole or in part, to any individual, organization, or entity without your consent or notification.
You may not assign, transfer, sublicense, or pledge in any manner whatsoever, your rights or obligations under these Terms to any individual, organization, or entity without the prior written consent of Mofilo. Any attempted transfer or assignment without such consent shall be null and void and of no effect.
Nothing in these Terms restricts our right to assign or transfer our rights or obligations to any person, entity, or organization without your consent or notification, including but not limited to, in the event of a merger, acquisition, corporate reorganization, bankruptcy, or sale of all or substantially all of our assets.
By creating an account or otherwise providing your email address to us, you agree that we may send you emails about our Services. Unless prohibited by applicable law, this includes marketing and promotional communications. Where required by law (for example, in the EEA/UK/Switzerland), we will only send marketing emails after obtaining your explicit consent; you may withdraw consent at any time.
Our email marketing may include, without limitation:
We may use third-party email service providers to deliver communications. These providers act on our behalf and process your data in accordance with our instructions and our Privacy Policy.
With your permission, the mobile app may send push notifications to your device for purposes including workout reminders, motivational messages, feature updates, product news, promotions, challenges, and deals. You can manage or revoke notification permissions at any time.
Disabling notifications will not affect necessary transactional alerts where permitted by law (for example, security or account notices delivered in‑app). For more information on how we process data related to notifications, see our Privacy Policy.
Before initiating any arbitration or legal action against Mofilo, you agree to first attempt to resolve the dispute informally by contacting us at support@mofilo.app with a detailed description of your concern or complaint. You and Mofilo shall use reasonable efforts to settle any dispute, controversy, or claim arising out of or relating to these Terms through good-faith negotiations.
If we are unable to resolve the dispute within 30 days from the date of your initial complaint, either party may proceed with arbitration as specified in these Terms.
Notwithstanding the arbitration provision in these Terms, either you or Mofilo may bring an individual action in small claims court in the county of your residence or principal place of business (if a business user) if the claims qualify for such court and are within its jurisdiction.
You and Mofilo expressly agree that all disputes, claims, or controversies arising out of or relating to these Terms or the Services shall be resolved on an individual basis. Any arbitration or legal action shall proceed solely on an individual basis; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are strictly prohibited.
By agreeing to these Terms, you and Mofilo waive the right to a trial by jury or to participate in a class action, class arbitration, or representative action. This waiver extends to any and all disputes that may arise against anyone connected with these Terms or the Services, including Mofilo's subsidiaries, affiliates, licensors, service providers, partners, officers, directors, employees, agents, and representatives.
You may opt out of the arbitration and class action waiver provisions set forth above by sending written notice to Mofilo at support@mofilo.app within 30 days from the date that you first accepted these Terms. Your written notice must include your name, address, email address, and an unequivocal statement that you want to opt out of these arbitration and class action waiver provisions. If you opt out in accordance with this procedure, the remainder of these Terms will continue to apply to you.
This dispute resolution section shall survive termination of these Terms or any account you may have with Mofilo.
If you have any questions about these Terms, please contact us at: