End User License Agreement for Bariatrack

Effective Date: May 28, 2026 | Last Updated: May 28, 2026

This End User License Agreement (“Agreement” or “EULA”) is a binding legal contract between you (“you”) and SpiritWise Studios (“SpiritWise Studios,” “we,” or “us”), the developer of the Bariatrack mobile application, its companion Apple Watch app, its iOS widgets, and any related software, content, updates, and services (collectively, the “App”).

By downloading, installing, accessing, or using the App, you agree to be bound by this Agreement, our Privacy Policy, and the Apple Media Services Terms and Conditions available at apple.com/legal/internet-services/itunes. If you do not agree, do not download, install, or use the App.

1. Important Medical Disclaimer — Please Read First

The App is a personal recovery-tracking tool. It is NOT a medical device, and it does NOT provide medical advice, diagnosis, or treatment.

• No doctor-patient relationship. Your use of the App does not create a doctor-patient, dietitian-client, or any other professional healthcare relationship between you and SpiritWise Studios.
• Not a substitute for professional care. Content within the App — including dietary phase guidelines, fluid and protein goals, supplement schedules, exercise restrictions, meal-buffer timers, tips, recipes, and progress metrics — is general educational information. It is not a substitute for the personalized instructions of your bariatric surgical team, registered dietitian, or other licensed healthcare providers. If their instructions conflict with the App, follow your care team.
• Emergencies. If you are experiencing a medical emergency, stop using the App and call 911 (or your local emergency number) immediately. The App does not monitor you, does not detect emergencies, and does not contact emergency services on your behalf.
• Assumption of risk. Bariatric recovery involves serious health considerations including dehydration, malnutrition, vitamin deficiency, dumping syndrome, and gastrointestinal complications. You acknowledge and assume all risk associated with following any general information presented in the App.
• No regulatory clearance. The App has not been reviewed, cleared, or approved by the U.S. Food and Drug Administration or any equivalent regulatory body. It is not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition.

2. Eligibility

You must be at least 17 years of age (or the age of majority in your jurisdiction, whichever is greater) to use the App. The App is designed for adults recovering from bariatric surgery and is not intended for children.

3. License Grant

Subject to your continuing compliance with this Agreement, SpiritWise Studios grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the App on any Apple-branded device that you own or control, solely for your personal, non-commercial recovery-tracking purposes, and in accordance with Apple’s Usage Rules. This license is granted by SpiritWise Studios, not by Apple Inc. Apple has no obligation to provide any maintenance or support services for the App.

4. Subscriptions, Free Trials, and Billing

Certain features of the App require a paid subscription (“Premium”). Current Premium plans:

• Premium Monthly: USD 4.99 per month, with a 1-week free trial.
• Premium Yearly: USD 39.99 per year, with a 1-week free trial.

Prices may vary by region and may change. The current price will always be displayed at the point of purchase.

Auto-renewal (required disclosure):

• Subscriptions automatically renew at the end of each billing period unless auto-renewal is turned off at least 24 hours before the end of the current period.
• Your iTunes/App Store account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription price.
• You can manage and cancel your subscription at any time in your Apple ID Settings › [your name] › Subscriptions on your device. Deleting the App does not cancel your subscription.

Free trial: If you do not cancel at least 24 hours before the trial ends, your subscription will automatically convert to a paid subscription at the then-current price. Any unused portion of a free trial period is forfeited when you purchase a subscription.

Refunds: All subscription purchases are processed by Apple and are subject to Apple’s refund policies. SpiritWise Studios does not process refunds directly. Refund requests may be submitted at reportaproblem.apple.com.

Price changes: Material price increases to existing subscriptions will be presented for your explicit consent through the App Store before they take effect, as required by Apple. Subscriptions are not Family Shareable.

5. Health Data and Privacy

Apple Health (HealthKit). With your permission, the App reads from and writes to Apple Health, including weight, water intake, nutrition, steps, and active energy. You can revoke HealthKit permissions at any time in Settings › Health › Data Access & Devices. SpiritWise Studios does not use HealthKit data for advertising or marketing, and we never sell HealthKit data to third parties.

iCloud / CloudKit. Your tracking data and (if you opt in) social posts may be synchronized across your devices using Apple’s CloudKit service in your private iCloud container, and — for social features — Apple’s public CloudKit database. Use of CloudKit is governed by Apple’s iCloud Terms.

Local storage. Most of your data is stored on your device. Deleting the App from your device will remove locally stored data; cloud-synced data may persist until you delete your account or revoke iCloud access.

Photos and camera. With your permission, you may grant the App access to your camera (for barcode scanning) and photo library (for profile pictures, recipe photos, and social posts). Photos remain on your device or in your iCloud unless you explicitly share them through the App.

Our complete privacy practices are described in our Privacy Policy, incorporated into this Agreement by reference. Where this EULA and the Privacy Policy differ on a privacy matter, the Privacy Policy controls.

6. Third-Party Services and Content

OpenFoodFacts. The App queries the OpenFoodFacts public food database to retrieve nutrition information for scanned or searched products. OpenFoodFacts data is provided “as is” by a third-party community project, may be inaccurate or out of date, and is licensed under the Open Database License. Do not rely on OpenFoodFacts data for medically critical nutrition decisions.

Apple services. The App uses Apple-provided services including App Store, StoreKit, HealthKit, CloudKit, WatchConnectivity, Live Activities, and push notifications. Your use of these services is subject to Apple’s applicable terms.

Recipe content. The App ships with a curated library of recipes adapted from publicly available bariatric recovery resources. Nutrition values are estimates. Recipes are provided for informational purposes only; you are responsible for ensuring that any recipe is appropriate for your phase of recovery, allergies, intolerances, and individual care plan.

You acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and have the right to enforce this Agreement against you.

7. User Accounts and Social Features

Account. Use of social features requires Sign in with Apple. You are responsible for maintaining the confidentiality and security of your Apple ID and for all activity under your account.

User-generated content. The App’s Social tab allows you to publish posts, comments, milestones, recipes, photos, and reactions (“Your Content”). You retain all ownership rights to Your Content. By submitting Your Content through the App, you grant SpiritWise Studios a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (for formatting), publish, transmit, display, and distribute Your Content for the purpose of operating and improving the App. This license ends when you delete Your Content, except to the extent already shared with others or required to be retained by law.

Community guidelines. When posting Your Content, you agree NOT to:

• Provide medical advice, prescribe medication or dosages, or diagnose other users;
• Post content that is unlawful, harassing, hateful, threatening, defamatory, obscene, sexually explicit, or that exploits minors;
• Promote dangerous weight-loss practices, eating disorders, pro-ana/pro-mia content, or extreme fasting protocols inconsistent with bariatric care;
• Impersonate any person, including a healthcare provider, or misrepresent your professional credentials;
• Post spam, unsolicited advertising, multi-level marketing recruitment, or affiliate links;
• Share personally identifying information of other people without their consent;
• Upload content you do not have the right to share, including copyrighted material;
• Attempt to manipulate likes, comments, rankings, or any community metric;
• Use the App to collect data about other users for purposes outside the App.

Moderation. We may, but are not obligated to, monitor, review, edit, restrict, or remove Your Content, suspend or terminate accounts, and report illegal content to authorities. The App provides in-app reporting, user blocking, and a mechanism to remove abusive users. User content is not reviewed by medical professionals. Reliance on it is at your own risk.

8. Acceptable Use

You agree not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent applicable law expressly permits;
• Modify, adapt, translate, or create derivative works of the App;
• Remove, alter, or obscure any proprietary notices on the App;
• Use the App to develop a competing product or service;
• Circumvent or attempt to circumvent any subscription, license, security, or rate-limiting mechanism;
• Use any automated means (bots, scrapers, harvesters) to access the App;
• Interfere with or disrupt the App, its servers, or networks;
• Use the App in any way that violates applicable law, including U.S. export-control laws.

9. Intellectual Property

The App and all associated content (excluding Your Content and third-party content) — including software code, design, user interface, text, graphics, illustrations, recipe library, phase content, brand names, trademarks, and logos — are owned by SpiritWise Studios or its licensors and are protected by U.S. and international intellectual property laws. Except for the limited license granted in Section 3, no rights are granted to you by implication, estoppel, or otherwise.

If you believe content in the App infringes your copyright, please send a notice consistent with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) to the contact address in Section 17.

10. Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPIRITWISE STUDIOS AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, error-free, secure, free of viruses, or that any defect will be corrected. We do not warrant the accuracy of any nutrition data, recipe data, phase guidance, or supplement schedule. Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, the disclaimers above apply to the maximum extent permitted by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPIRITWISE STUDIOS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING DAMAGES FOR PERSONAL INJURY, HEALTH COMPLICATIONS, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL — ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US (THROUGH APPLE) FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD 50.00).

You acknowledge that the disclaimers, limitations, and exclusions in Sections 1, 10, and 11 are a fundamental basis of the bargain between you and SpiritWise Studios. Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless SpiritWise Studios and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content; (b) your violation of this Agreement; (c) your violation of any applicable law or any rights of a third party; or (d) your use of the App in a manner not authorized by this Agreement.

13. Term and Termination

This Agreement remains in effect until terminated. You may terminate this Agreement at any time by uninstalling the App and cancelling any active subscription through your Apple ID Settings. We may suspend or terminate your access to the App at any time, with or without notice, if you violate this Agreement (including the community guidelines in Section 7) or as otherwise permitted by law.

Upon termination, your license under Section 3 ends and you must stop using and delete the App. Sections 1, 5, 7 (for content already shared), 9, 10, 11, 12, 13, 14, 15, 16, and 17 survive termination.

14. Apple-Specific Terms

The following terms apply because the App is distributed through the Apple App Store:

• Acknowledgement. This Agreement is between you and SpiritWise Studios only, and not with Apple. SpiritWise Studios — not Apple — is solely responsible for the App and its content.
• Scope of license. The license granted in Section 3 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 Apple Usage Rules.
• Maintenance and support. SpiritWise Studios is solely responsible for providing any maintenance and support services. Apple has no obligation to provide maintenance or support.
• Warranty. SpiritWise Studios is solely responsible for any product warranties, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. Apple will have no other warranty obligation whatsoever with respect to the App.
• Product claims. SpiritWise Studios, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection or privacy legislation.
• Intellectual property. In the event of any third-party claim that the App infringes that third party’s intellectual property rights, SpiritWise Studios — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right to enforce this Agreement against you as a third-party beneficiary.

15. Governing Law and Dispute Resolution

Governing law. This Agreement is governed by the laws of the State of Colorado, United States, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Venue. Any dispute arising out of or relating to this Agreement will be brought exclusively in the state or federal courts located in Adams County, Colorado, and you consent to personal jurisdiction and venue there.

Informal resolution. Before filing any claim, you agree to first contact us at the address in Section 17 and attempt to resolve the dispute informally for at least sixty (60) days.

No class actions. To the maximum extent permitted by law, you agree that any dispute is personal to you and SpiritWise Studios and will be resolved only through an individual action, and not as a class, collective, or representative action.

Time limit. Any claim arising out of or relating to this Agreement must be filed within one (1) year after the claim arose, or it is permanently barred.

16. Changes to this Agreement

We may update this Agreement from time to time. Material changes will be communicated through the App (such as an in-app notice or onboarding prompt) before they take effect. The “Last Updated” date at the top of this Agreement reflects the most recent version. Your continued use of the App after the effective date of an updated Agreement constitutes your acceptance of the changes. If you do not agree to a change, you must stop using the App and cancel any subscription.

17. Contact

For privacy questions, refer to our Privacy Policy. For subscription billing issues, contact Apple Support at support.apple.com.

18. Miscellaneous

This Agreement, together with the Privacy Policy and the Apple Media Services Terms and Conditions, constitutes the entire agreement between you and SpiritWise Studios regarding the App. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign this Agreement; we may assign it in connection with a merger, acquisition, sale of assets, or by operation of law. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship.