Terms of Service · MyGut.Coach

1. Agreement and acceptance

These Terms of Service ("Terms") form a binding contract between you ("User", "you", "your") and the operator of MyGut.Coach ("MyGut", "we", "us", "our"). By creating an account, accessing, or using the website, web application, progressive web app, APIs, integrations, communications, content, and any other services we make available under the MyGut.Coach brand (collectively, the "Service"), you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

If you accept these Terms on behalf of an entity (such as a clinic or employer), you represent that you have authority to bind that entity, and "you" refers jointly to you and that entity.

2. Definitions

"Account" — your registered account on the Service.
"User Content" — any data, text, photographs, files, lab results, genetic information, ledger entries, communications, or other material you submit to the Service.
"Practitioner" — a registered doctor, clinician, coach, or similar professional accessing the Service in a professional role.
"Third-Party Services" — any external platform, integration, model, API, or service made available through, or interoperating with, the Service (including wearable platforms and AI providers).

3. Eligibility

You may use the Service only if you are at least sixteen (16) years old (or such higher age as required by your jurisdiction), have full legal capacity to enter into binding contracts, and are not a person with whom transactions are prohibited under applicable sanctions, export-control, or anti-terrorism laws. If you are under the age of majority in your jurisdiction, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

4. The Account

You are responsible for: (a) providing accurate and complete registration information and keeping it up to date; (b) maintaining the confidentiality of your credentials and any device or session under your control; (c) all activity occurring under your Account, whether or not authorised by you; and (d) promptly notifying us of any suspected unauthorised access at security@mygut.coach. We may, but are not obliged to, take steps to verify your identity, suspend or terminate Accounts that appear compromised, and decline registrations at our discretion.

5. Service description; changes

The Service helps you record, organise, visualise, and reflect on aspects of your daily nutrition, habits, and (where applicable) wearable, laboratory, and genetic data, optionally in collaboration with a Practitioner. The Service is offered on an as-is, as-available basis. We may add, modify, suspend, restrict, throttle, deprecate, sunset, or discontinue any feature, integration, model, prompt, content, or component, in whole or in part, at any time and without liability. We will use commercially reasonable efforts to notify you of material discontinuations affecting active Accounts.

6. Beta and experimental features

From time to time we may offer features, models, or integrations marked "beta", "experimental", "preview", "alpha", or similar. Such features are provided for evaluation purposes, may be unstable or insecure, may be removed or changed without notice, and are excluded from any service-level expectations. Use them at your own risk.

7. Acceptable use

You agree not to, and not to permit any third party to:

use the Service in violation of any law, regulation, court order, or third-party right;
upload, transmit, or display content that is unlawful, infringing, defamatory, harassing, fraudulent, malicious, or that misappropriates another person's identity or data;
upload Personal Data of any third party without proper legal basis to do so;
attempt to circumvent, disable, or defeat any security, authentication, rate-limiting, audit, or access-control feature;
reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code, models, prompts, weights, training data, or trade secrets from the Service, except to the limited extent expressly permitted by mandatory applicable law;
scrape, harvest, mass-download, mirror, or systematically extract content from the Service except as expressly authorised by us in writing;
use the Service to train, fine-tune, evaluate, benchmark, or otherwise develop any artificial-intelligence model, dataset, embedding, or competing service, except for your own personal, non-commercial use;
resell, sublicense, lease, time-share, or commercially exploit the Service, or use it to provide a service-bureau, white-label, or hosted offering to third parties, except under a separate written agreement with us;
introduce viruses, worms, trojans, or any code intended to damage, interfere with, or surveil the Service or its users;
impersonate any person or misrepresent your affiliation with any person or entity;
interfere with the proper working of the Service or impose disproportionate load on its infrastructure.

We may investigate and respond to suspected violations and cooperate with law enforcement. We reserve the right to remove content and to suspend or terminate Accounts at our sole discretion.

8. Medical, wellness and informational disclaimer

The Service does not provide medical advice, diagnosis, prescription, or treatment, and is not a medical device. Nothing in the Service is intended to be a substitute for professional medical advice, diagnosis, or treatment.

Information provided by the Service — including AI-generated estimates of nutritional content, habit suggestions, summaries of laboratory or genetic data, scores, charts, and Practitioner messages — is general informational and educational content and may be incomplete, inaccurate, or out of date.
Always seek the advice of a qualified physician or other licensed health-care professional with any questions you may have regarding a medical condition, symptom, medication, supplement, dietary change, or treatment. Never disregard professional medical advice or delay seeking it because of something you read, saw, or generated using the Service.
If you think you may have a medical emergency, call your local emergency services immediately. The Service is not designed for, and must not be relied upon for, emergency or time-critical medical communication.
AI-generated content may produce inaccurate, misleading, or fabricated outputs ("hallucinations"). You are solely responsible for verifying any AI output before relying on it, particularly in connection with caloric intake, allergens, medication interactions, or chronic conditions.
Where Practitioners use the Service in connection with their practice, the Practitioner — not MyGut — is responsible for all clinical decisions, recommendations, prescriptions, and the doctor-patient relationship, and they remain bound by their own professional and regulatory obligations.
The Service has not been evaluated by the U.S. Food and Drug Administration, the European Medicines Agency, the UK Medicines and Healthcare products Regulatory Agency, or any comparable authority. The Service is not intended to diagnose, treat, cure, or prevent any disease.

By using the Service, you acknowledge and accept the foregoing and agree that you use any output of the Service at your own risk.

9. User Content; licence to MyGut

You retain ownership of your User Content. By submitting User Content to the Service, you grant MyGut a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual, and irrevocable licence to host, store, reproduce, transmit, cache, back up, modify, adapt, translate, create derivative works of, display, and otherwise use the User Content for the purposes of (a) providing, securing, maintaining, debugging, and improving the Service; (b) developing new features, models, prompts, and integrations; (c) complying with law and enforcing these Terms; (d) generating aggregated and de-identified data as described in our Privacy Policy; and (e) any other purpose expressly authorised by you.

You represent and warrant that (i) you own or have all rights necessary to submit the User Content and to grant the foregoing licence, and (ii) the User Content and its use by us in accordance with these Terms will not infringe or violate any third-party rights or applicable law.

We do not claim ownership of your User Content, and termination of your Account does not, by itself, terminate the licence with respect to (x) aggregated and de-identified data already generated, (y) backup copies retained in the ordinary course, or (z) records reasonably required to comply with law, audit obligations, or to defend legal claims.

10. AI features

Features that infer information from photographs, text, or other inputs ("AI Features") are powered by third-party artificial-intelligence providers (currently including Google Gemini) and are subject to their terms. AI Features:

provide probabilistic estimates, not authoritative measurements;
may produce inaccurate, biased, or fabricated outputs;
are subject to rate limits, usage caps, and pricing controls we may change at any time;
may be unavailable, slow, or degraded due to upstream provider issues outside our control;
are not appropriate for emergency, diagnostic, prescriptive, or other clinical use cases (see Section 8).

You are responsible for reviewing every AI output before relying on it. We reserve the right to add, remove, swap, or supplement AI providers at any time without notice.

11. Third-Party Services and integrations

The Service may interoperate with Third-Party Services (such as Whoop, Oura, Fitbit, Garmin, Polar, Suunto, Strava, Ultrahuman, Apple Health, Google Health Connect, Cloudflare, Resend, payment processors, and others). When you authorise such an integration, you authorise us to send and receive data on your behalf. Third-Party Services are governed by their own terms and privacy policies. We are not responsible for, and disclaim all liability arising out of, any Third-Party Service, including its availability, accuracy, security, billing, content, or any change or discontinuation thereof. Authorisation may be revoked at any time in your Account settings.

12. Fees, subscriptions, and trials

Some features may be offered free of charge; others may require a paid subscription, one-time purchase, or usage-based fee ("Fees"). Where Fees apply, applicable pricing, billing periods, taxes, and trial terms will be presented to you before purchase. By submitting payment information, you authorise us and our payment processors to charge the applicable Fees and any taxes. Subscriptions automatically renew at the then-current price unless cancelled in advance. Except where required by law, all Fees are non-refundable, including for partial billing periods, downgrades, suspension or termination of your Account for breach, or your discontinuance of use. We may change Fees, plans, free tiers, and entitlements with reasonable advance notice; if you do not accept the change you may cancel before it takes effect.

13. Intellectual property

The Service, including its design, code, UI, content, models, prompts, brand, logos, trade dress, documentation, and all related intellectual-property rights, is owned by us or our licensors and is protected by copyright, trademark, trade-secret, and other laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service strictly in accordance with these Terms. All rights not expressly granted are reserved. The MyGut and MyGut.Coach names, logos, and all related names and marks are our trademarks; you may not use them without our prior written consent.

If you provide us with feedback, suggestions, ideas, bug reports, or proposals ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use, exploit, and incorporate the Feedback for any purpose without obligation to you.

14. Disclaimers of warranties

To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis, with all faults, and without warranties of any kind, whether express, implied, statutory, or otherwise.

We expressly disclaim all warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, security, non-infringement, and quiet enjoyment, and any warranties arising from a course of dealing, course of performance, or trade usage. We do not warrant that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the Service or its servers are free of viruses or other harmful components; or that any data, AI output, or third-party content will be accurate or reliable.

No advice or information, whether oral or written, obtained from the Service or from us creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the foregoing exclusions apply to the maximum extent permitted by law.

15. Limitation of liability

To the maximum extent permitted by applicable law:

in no event will MyGut, its affiliates, officers, directors, employees, contractors, agents, suppliers, or licensors (the "Indemnified Parties") be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, business opportunity, or substitute service, arising out of or relating to these Terms or the Service, whether based on contract, tort (including negligence), strict liability, statute, or any other theory, even if advised of the possibility of such damages;
without limiting the foregoing, in no event will the aggregate liability of the Indemnified Parties to you for all claims arising out of or relating to these Terms or the Service exceed the greater of (i) the amount of Fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) one hundred United States dollars (US$100).

These limitations apply notwithstanding the failure of any limited remedy of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability will be limited to the smallest extent permitted by law. Nothing in these Terms excludes liability that cannot be excluded under applicable law (such as for death or personal injury caused by gross negligence or fraud).

16. Indemnification

You agree to defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, demands, actions, proceedings, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms or applicable law; (d) your infringement of any third-party right; or (e) any dispute between you and a third party (including any Practitioner) in connection with the Service. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defence.

17. Suspension and termination

You may close your Account at any time via in-app settings or by writing to support@mygut.coach. We may, with or without notice and at our sole discretion: (a) suspend, restrict, or terminate your access to the Service or any part of it; (b) reclaim usernames; (c) remove or disable User Content; or (d) take any other action we deem appropriate, including in response to suspected violations of these Terms, applicable law, or to protect the Service, our users, or third parties. Sections that by their nature should survive termination — including Sections 8–9, 13–16, 18, 19, 21, and 22 — will survive.

18. Practitioners

If you use the Service in a Practitioner role, you additionally represent and warrant that you (a) hold and maintain all licences, registrations, and qualifications required to provide your services in your jurisdiction; (b) comply with all professional, ethical, regulatory, and data-protection obligations applicable to your practice; (c) obtain all consents required from your patients prior to entering, accessing, or sharing their data through the Service; (d) are solely responsible for all clinical decisions, communications, and the doctor-patient relationship; and (e) defend, indemnify, and hold harmless MyGut from any claim arising out of your professional services.

19. Force majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, public-health emergencies, labour disputes, internet or telecommunications failures, hosting-provider outages, denial-of-service attacks, or failures of Third-Party Services.

20. Notices

We may give notices to you by email to the address associated with your Account, by in-app notification, or by posting on the Service. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. Dispute resolution; arbitration; class-action waiver

Please read this Section carefully. It affects your legal rights.

21.1 Informal resolution. Before commencing any formal proceeding, you agree to first contact us at legal@mygut.coach with a written description of the dispute, and to engage in good-faith discussions for at least thirty (30) days.

21.2 Binding arbitration (US users). If you reside in the United States, you and MyGut agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will, if not resolved informally, be resolved exclusively by final and binding individual arbitration, administered by a recognised arbitral institution under its then-current rules, conducted in the English language, on a documents-only basis where reasonably possible, with the seat of arbitration as set out in Section 22. Judgment on the award may be entered in any court of competent jurisdiction.

21.3 Class-action waiver. You and MyGut agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

21.4 Exceptions. Either party may bring (i) an individual action in small-claims court, and (ii) an action seeking injunctive or equitable relief in a court of competent jurisdiction in respect of intellectual-property infringement, unauthorised access, or breaches of confidentiality.

21.5 Opt-out. You may opt out of the arbitration agreement and class-action waiver in this Section by sending written notice to legal@mygut.coach within thirty (30) days after first acceptance of these Terms.

21.6 Non-US users. If you reside outside the United States, this Section 21 does not apply to you, and disputes are governed by Section 22.

22. Governing law and jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them are governed by, and construed in accordance with, the laws of the jurisdiction in which the operator of MyGut.Coach is established, without regard to conflict-of-laws principles. Subject to Section 21, the courts of that jurisdiction will have exclusive jurisdiction over any Dispute, save that we may bring proceedings against you in the courts of your domicile to enforce these Terms or our intellectual-property rights. Nothing in this Section affects mandatory consumer-protection rights you may have under the laws of your country of residence.

23. Changes to these Terms

We may amend these Terms from time to time. Where changes are material, we will notify you in-app or by email at least fourteen (14) days before they take effect. Where changes are immaterial — including clarifications, typographical corrections, or changes required to comply with law — we may make them with effect from posting. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms; if you do not agree, your sole remedy is to stop using the Service and close your Account.

24. Miscellaneous

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganisation, or sale of assets.
Entire agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.
No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
No agency. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of these Terms.
Headings. Section headings are for convenience only and do not affect interpretation.
Language. The English version of these Terms is the controlling version; translations are provided for convenience.
Third-party beneficiaries. Nothing in these Terms confers rights on any third party, except that the Indemnified Parties are third-party beneficiaries of Sections 14–16.

25. Contact

Questions, notices, or legal correspondence: legal@mygut.coach. Privacy enquiries: privacy@mygut.coach. Security reports: security@mygut.coach. Support: support@mygut.coach.