Operated by FitAI LLC
Effective Date: June 2, 2026
1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the WithMe mobile application and related services (collectively, the "Service"), operated by FitAI LLC, a Pennsylvania limited liability company, located at 736 E Foster Ave, State College, PA 16801.
By downloading, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement and that all information you provide is accurate and complete.
3. Description of Service
WithMe is a behavioral wellness companion app designed for individuals using GLP-1 medications or pursuing weight management goals. The Service provides:
• Behavioral coaching nudges delivered via push notification based on user self-report.
• Weight trend analysis based on user-entered daily weight data.
• Food pattern insights and swap suggestions based on probabilistic inference.
• Food noise awareness tools and activity suggestions (e.g., walking prompts).
WithMe is NOT a medical device, clinical service, or licensed healthcare provider. Nothing in the Service constitutes medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before making changes to your diet, medication, or exercise regimen.
4. User Accounts
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You agree to notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.
5. Acceptable Use
You agree not to:
• Use the Service for any unlawful purpose or in violation of any applicable law.
• Attempt to reverse-engineer, decompile, or extract source code from the App.
• Introduce malware, viruses, or any harmful code into the Service.
• Misrepresent your identity or impersonate another person.
• Scrape, harvest, or collect user data from the Service without authorization.
• Use the Service to distribute spam, unsolicited messages, or commercial solicitations.
6. Health Disclaimer
THE SERVICE IS FOR INFORMATIONAL AND BEHAVIORAL SUPPORT PURPOSES ONLY. FITAI LLC DOES NOT PROVIDE MEDICAL ADVICE. INSIGHTS AND SUGGESTIONS GENERATED BY THE APP ARE PROBABILISTIC AND BASED ON SELF-REPORTED DATA. THEY DO NOT CONSTITUTE CLINICAL RECOMMENDATIONS.
You acknowledge that: (a) weight fluctuation is a normal physiological phenomenon; (b) no app can replace individualized medical or nutritional counseling; (c) you use health-related features of the Service at your own risk.
7. Intellectual Property
All content, features, design elements, logos, and functionality of WithMe are the exclusive property of FitAI LLC and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes only.
You may not reproduce, distribute, modify, or create derivative works from any part of the Service without our express written consent.
8. User-Generated Content
Any free-text input, feedback, or content you submit through the App ("User Content") remains your property. By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide license to use, store, and process that content solely for the purpose of providing and improving the Service.
You represent that your User Content does not infringe any third-party rights and does not violate any applicable laws.
9. Push Notifications
The Service relies on push notifications as a core delivery mechanism for coaching content. By enabling notifications, you consent to receive messages related to your check-ins, weight trends, food noise alerts, and wellness suggestions. You may disable notifications at any time through your device settings, though doing so will limit the functionality of the Service.
10. Third-Party Services
The Service may reference or integrate with third-party services (e.g., fitness trackers, health platforms). We are not responsible for the availability, accuracy, or practices of third-party services. Your use of those services is governed by their respective terms.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FITAI LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY CONTENT OR SUGGESTIONS PROVIDED THROUGH THE APP.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FITAI LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.
13. Indemnification
You agree to indemnify, defend, and hold harmless FitAI LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any third-party rights.
14. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. Sections 7, 11, 12, 13, and 15 of these Terms will survive termination.
15. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
16. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes via push notification or email at least 14 days prior to the effective date. Continued use of the Service after the effective date constitutes your acceptance of the revised Terms.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, representations, and understandings.
18. Contact
For questions or concerns regarding these Terms, contact:
FitAI LLC
Attn: Legal — WithMe App
736 E Foster Ave, State College, PA 16801
Email: privacy@withmeapp.com