Terms of Service

1.1 Agreement to Terms

BY ACCESSING OR USING THE APP, CREATING AN ACCOUNT, OR CLICKING "I ACCEPT," YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use the Service.

1.2 Age Requirement

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS SERVICE. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. The Service is not intended for minors under the age of 18.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or in-app notification at least 30 days before the changes take effect, unless immediate changes are required for legal, security, or regulatory reasons. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.

2.1 What is TestMaxxer?

• T-Score Assessment: AI-generated analysis of testosterone optimization factors
• Personalized Recommendations: Custom diet, workout, and lifestyle plans
• Habit Tracking: Daily habit completion tracking with streak monitoring
• Progress Monitoring: Historical T-Score tracking and wellness metrics
• AI-Generated Insights: Powered by Google Gemini artificial intelligence
• Optional Facial Analysis: Interpretive analysis of facial features (user-consented)

2.2 NOT Medical Advice

IMPORTANT: TESTMAXXER IS NOT A MEDICAL DEVICE, DIAGNOSTIC TOOL, OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. The Service is for informational and educational purposes only. The Service does NOT diagnose, treat, cure, or prevent any disease or medical condition. You should always consult with a qualified healthcare provider before making any health-related decisions.

3.1 No Medical Diagnosis or Treatment

All content, including T-Score assessments, testosterone level estimates, diet recommendations, workout suggestions, lifestyle modifications, habit recommendations, facial analysis results, and AI-generated insights is provided solely for informational purposes and does NOT constitute medical advice, diagnosis, treatment, or clinical evaluation.

3.2 Not FDA Approved

TestMaxxer is NOT a medical device and has NOT been evaluated, approved, cleared, or authorized by the U.S. Food and Drug Administration (FDA) or any other regulatory health authority. The Service makes no medical claims and should not be relied upon for medical decision-making.

3.3 Consult Healthcare Professionals

YOU MUST CONSULT WITH A QUALIFIED HEALTHCARE PROVIDER BEFORE: making any health or lifestyle changes based on App content, starting any new diet, exercise, or supplement regimen, interpreting your T-Score or assessment results, making decisions about your testosterone levels or hormonal health, or relying on AI-generated recommendations for health decisions.

3.4 T-Score is NOT Medical Measurement

The "T-Score" provided by TestMaxxer is an algorithmic estimate based on self-reported lifestyle factors, NOT a clinical measurement of testosterone levels, NOT based on laboratory blood testing, NOT a diagnostic indicator of any medical condition, and subject to inaccuracies. Only a licensed healthcare provider can accurately measure and diagnose testosterone levels through clinical laboratory testing.

3.5 Assumption of Risk

BY USING THE SERVICE, YOU ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH: acting on information provided by the App, implementing diet, exercise, or lifestyle changes suggested by AI, interpreting assessment results, relying on T-Scores or recommendations, and any health consequences resulting from use of the Service.

4.1 Account Creation

• A valid email address
• Authentication via Firebase (email/password, Sign in with Apple, or Sign in with Google)
• Acceptance of these Terms and our Privacy Policy
• Confirmation that you are at least 18 years of age

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, all activity that occurs under your account, notifying us immediately of any unauthorized access or security breach, and using strong, unique passwords. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR FAILURE TO MAINTAIN ACCOUNT SECURITY.

4.3 Prohibited Account Activities

• Share your account credentials with others
• Allow others to access your account
• Create multiple accounts to circumvent usage limits or quotas
• Use another person's account without permission
• Impersonate any person or entity
• Create accounts for anyone under the age of 18

5.1 Free vs Premium Features

Free Features: Account creation and authentication, completing the initial health assessment quiz. Premium Features (Subscription Required): Viewing complete T-Score assessment results, access to personalized diet, workout, and lifestyle plans, AI-generated habit recommendations, daily habit tracking, T-Score history and progress monitoring, and full access to all app features.

5.2 Pricing & Payment

Subscription pricing is determined by Apple App Store and displayed in the App before purchase. All payments are processed through Apple's App Store using StoreKit. We do not directly handle payment information. You authorize Apple to charge your designated payment method for subscription fees.

5.3 Auto-Renewal

SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS CANCELLED BEFORE THE RENEWAL DATE. Your subscription will automatically renew at the end of each billing period. Your payment method will be charged automatically at the renewal rate then in effect. You must cancel before the renewal date to avoid being charged.

5.4 Cancellation

You may cancel your subscription at any time through iOS Settings > [Your Name] > Subscriptions > TestMaxxer > Cancel Subscription, or through the App Store. Cancellation is effective at the end of the current billing period. You will retain access to Premium features until the end of the paid period. No prorated refunds are provided for partial billing periods, except as required by applicable law.

5.5 Refunds

Refund requests are subject to Apple's refund policy, as Apple processes all payments. To request a refund, visit reportaproblem.apple.com, sign in with your Apple ID, select TestMaxxer subscription and request a refund. Apple determines refund eligibility at its sole discretion.

6.1 AI Limitations & Errors

ARTIFICIAL INTELLIGENCE IS NOT PERFECT. AI-generated content may: contain errors, inaccuracies, or omissions; provide recommendations that are unsuitable for your individual circumstances; generate conflicting or inconsistent advice; fail to account for medical conditions, medications, or contraindications; misinterpret self-reported data or facial images; produce outputs that are misleading, inappropriate, or harmful. YOU USE AI-GENERATED CONTENT AT YOUR OWN RISK.

6.2 No Guarantees of Accuracy

WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT: AI-generated content is accurate, complete, or current; T-Scores reflect actual testosterone levels; recommendations are appropriate for your health status; following AI advice will achieve any specific outcome; or AI analysis is equivalent to professional medical evaluation.

6.3 User Responsibility

YOU ARE SOLELY RESPONSIBLE FOR: evaluating the suitability of AI-generated recommendations for your circumstances, consulting healthcare professionals before implementing suggestions, verifying information independently, any decisions or actions taken based on AI content, and any consequences resulting from reliance on AI outputs.

6.4 Facial Analysis Disclaimer

If you provide a facial image for analysis, the AI performs interpretive, non-diagnostic analysis of facial features. This analysis is NOT a medical examination or clinical assessment, is subjective and may be inaccurate, cannot diagnose medical conditions from facial images, and is one minor factor among many in the overall assessment. DO NOT RELY ON FACIAL ANALYSIS FOR MEDICAL DECISION-MAKING.

7.1 Types of Data Collected

• Personal Information: Email address, name, age
• Health & Lifestyle Data: Height, weight, training frequency, diet quality, sleep hours, stress level, energy level, supplements, daily habit completion, wellness metrics
• Biometric Data (Optional): Facial images (transmitted to Google Gemini AI for analysis but NOT permanently stored on our servers - only text-based analysis results are retained)
• Assessment Results: T-Scores, AI-generated recommendations, subscores for diet/workout/lifestyle, identified testosterone blockers
• Usage Data: Habit completion dates/times, app interactions, assessment generation timestamps
• Authentication Data: Firebase authentication tokens, sign-in provider information

7.2 Third-Party Service Providers

Your data is shared with: Firebase (Google Cloud) for authentication and cloud database storage; Google Gemini AI for AI analysis (receives health data and facial images); Superwall for subscription management; Apple (App Store/StoreKit) for payment processing. Each third-party service has its own terms and privacy policy. We are not responsible for their data practices.

7.3 Data Security

We implement reasonable security measures including encryption in transit (HTTPS/TLS), Firebase security rules for database access control, server-side API key management, and user-scoped data isolation. However, no security system is 100% secure. Despite our efforts, we cannot guarantee absolute security.

7.4 Data Retention & Deletion

Account Data is retained while your account is active. Assessment Results are retained until you delete your account or request deletion. Facial Images are NOT retained—transmitted to Gemini AI for one-time analysis only. You may request account deletion at any time by contacting us at contact@testmaxxer.com. Account deletion triggers data deletion according to our Privacy Policy.

8.1 Ownership of Service

• The TestMaxxer application (software, code, design, user interface)
• All AI models, algorithms, and assessment methodologies
• All AI-generated content (T-Scores, recommendations, habit plans, assessments)
• Trademarks, service marks, logos, and branding
• Database rights and compilations of user data

8.2 AI-Generated Content Ownership

WE OWN ALL AI-GENERATED CONTENT, including T-Score assessments created for you, personalized plans, habit recommendations, facial analysis results, and all insights and reports. You do NOT acquire ownership rights to AI-generated content. You receive only a limited license to view and use this content for personal purposes.

8.3 License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: access and use the App on your iOS/macOS devices, view your own AI-generated assessments and results, access your personal data stored in the Service, and use the Service for personal, non-commercial purposes only. This license automatically terminates if you violate these Terms.

8.4 Restrictions

• Copy, reproduce, distribute, or publicly display any part of the Service
• Modify, adapt, translate, or create derivative works
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter copyright, trademark, or proprietary notices
• Use the Service for commercial purposes
• Use automated tools (bots, scrapers, crawlers) to access data
• Sell, license, or transfer your account to others

9.1 Prohibited Uses

• Fraudulent Activity: Provide false health information, impersonate others, misrepresent identity or age
• Circumvention: Bypass subscription system, avoid usage quotas, access Premium features without subscription
• Security Violations: Hack, breach security, introduce malware, conduct denial-of-service attacks
• Reverse Engineering: Decompile, disassemble, or derive source code
• Data Misuse: Use automated tools to scrape data, collect user information
• Age Violations: Create accounts for or allow use by anyone under 18
• Commercial Misuse: Resell or provide the Service to third parties without permission
• Harmful Activity: Engage in illegal, fraudulent, or harmful activities

9.2 Enforcement

Violation of this Acceptable Use Policy may result in: immediate suspension or termination of your account, removal of content or data, legal action and referral to law enforcement, and liability for damages caused by your violations.

10.1 Daily Quotas

• Assessment Generation: Maximum of 5 assessments per day per user
• Habit Generation: Maximum of 2 AI habit generations per day per user
• Quotas reset daily at midnight in your local timezone

10.2 Enforcement

Quotas are enforced server-side and cannot be bypassed. If you exceed your daily quota, you will receive an error message and must wait until the next day. No exceptions or quota increases are provided. We reserve the right to modify limits at any time.

11.1 Third-Party Terms

Your use of these third-party services is subject to their respective terms of service and privacy policies. We do not control and are not responsible for third-party terms, policies, or practices.

11.2 No Control Over Third Parties

We do not control the availability, functionality, security, or content of third-party services. Third-party services may change their terms or pricing, discontinue services or features, experience outages or technical issues, or change privacy policies. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY ACTIONS, OMISSIONS, OR FAILURES.

11.3 Service Interruptions

Because the Service depends on third-party infrastructure (Firebase, Gemini AI), service interruptions may occur due to third-party outages. We are not liable for such interruptions.

12.1 Termination by User

You may terminate your account at any time by emailing contact@testmaxxer.com with your account email and deletion request. Account deletion is permanent and irreversible.

12.2 Termination by Company

We reserve the right to suspend or terminate your account at any time for: violation of these Terms, violation of the Acceptable Use Policy, fraudulent activity or payment disputes, providing false information, being under 18 years of age, abuse of the Service or quotas, extended inactivity, legal or regulatory requirements, or security concerns.

12.3 Effect of Termination

Upon termination, you will immediately lose access to the Service and all Premium features. Active subscriptions will be cancelled with no refunds for unused portions (except as required by law). Your data will be deleted or retained per our Privacy Policy. You remain liable for any outstanding payments incurred before termination.

13.1 Disclaimer of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTA GHASEMI AND THE SERVICE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING: health injuries or adverse medical outcomes, lost profits or revenue, loss of data, loss of goodwill, emotional distress, cost of substitute services, or any other indirect or consequential losses. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY and EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Health-Related Liability

WE ARE NOT LIABLE FOR: any health outcomes or consequences from your use of the Service, decisions you make based on T-Scores or AI recommendations, injuries arising from following diet, workout, or lifestyle suggestions, failure to seek medical advice from healthcare professionals, reliance on the Service as a substitute for professional medical care, or any medical conditions, diagnoses, or treatments.

13.3 AI Content Liability

WE ARE NOT LIABLE FOR: errors, inaccuracies, or omissions in AI-generated content, inappropriate or harmful recommendations from Gemini AI, facial analysis inaccuracies or misinterpretations, or changes in AI models affecting your assessments.

13.4 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) The total amount you paid to us (via Apple subscriptions) in the 12 months preceding the claim, OR (B) $100 USD. This cap applies regardless of the number of claims or legal theory asserted.

13.5 Essential Purpose

THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL PART OF THE AGREEMENT BETWEEN YOU AND ARTA GHASEMI. You acknowledge that we would not provide the Service without these limitations.

14.1 "AS IS" Basis

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTA GHASEMI DISCLAIMS ALL WARRANTIES, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or completeness.

14.2 No Medical Warranties

WE MAKE NO WARRANTIES REGARDING: the accuracy or reliability of T-Scores, assessments, or health data; the suitability of AI-generated recommendations for your individual health; the safety or effectiveness of diet, workout, or lifestyle suggestions; any health outcomes, benefits, or results; or the Service's compliance with medical standards.

14.3 No Accuracy Warranties

WE DO NOT WARRANT THAT: AI-generated content is accurate, correct, or free from errors; T-Scores reflect actual testosterone levels or clinical measurements; assessments are scientifically valid or medically reliable; or recommendations will achieve any specific outcome.

14.4 No Security Warranties

WE DO NOT WARRANT THAT: the Service is completely secure or immune from hacking or breaches; your data will be protected from all security threats; or transmission of data over the internet is completely secure. While we implement reasonable security measures, we cannot guarantee absolute security.

15.1 Your Indemnification Obligation

• Your Use of the Service: Claims arising from your access to or use of the App
• Health Decisions: Adverse health outcomes resulting from decisions based on Service content
• Violation of Terms: Your breach of any provision of these Terms
• Violation of Laws: Your violation of any applicable law or regulation
• False Information: Provision of false, misleading, or inaccurate information
• Third-Party Claims: Claims by third parties related to your conduct
• Intellectual Property: Claims that your use infringes third-party IP rights
• Unauthorized Access: Unauthorized use of your account due to failure to maintain security

15.2 Defense & Settlement

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims. You may not settle any claim without our prior written consent if it imposes any obligation on us.

16.1 Informal Resolution First

Before initiating arbitration or litigation, you agree to first contact us at contact@testmaxxer.com to attempt to resolve the dispute informally. Provide a detailed description of the dispute and your proposed resolution. We will attempt to resolve the dispute within 60 days.

16.2 Binding Arbitration

IF INFORMAL RESOLUTION FAILS, YOU AND ARTA GHASEMI AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, except as provided in exceptions. Arbitration is a form of private dispute resolution where a neutral arbitrator (not a judge or jury) decides the dispute.

16.3 Arbitration Rules

Arbitration shall be conducted in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules in effect at the time the arbitration is initiated, except as modified by these Terms. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

16.4 Arbitration Location

Arbitration hearings shall take place in Maryland, or at another mutually agreed location, or via videoconference or telephone if agreed by the parties.

16.5 CLASS ACTION WAIVER

YOU AND ARTA GHASEMI AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO: participate in a class action lawsuit, participate in a class arbitration, act as a class representative or class member, join your claim with claims of other users, or pursue claims on a consolidated or representative basis. ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

16.6 Opt-Out Right

YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION. To opt out, you must send a written notice to contact@testmaxxer.com within 30 days of creating your account (or within 30 days of the effective date of any changes to this arbitration clause). Your opt-out notice must include: your full name, email address associated with your account, and the statement: "I opt out of the arbitration agreement." If you opt out, all other provisions of these Terms remain in effect, but disputes will be resolved in court. If you do not opt out within 30 days, you are agreeing to arbitration.

16.7 Exceptions to Arbitration

The following disputes are NOT subject to arbitration and may be brought in court: (1) Small Claims Court - either party may bring an individual action in small claims court if the claim qualifies; (2) Injunctive Relief for IP Violations - we may seek injunctive or equitable relief in court to prevent infringement of our intellectual property rights; (3) Invalid Arbitration Agreement - if the arbitration agreement is found to be unenforceable.

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to conflict of law principles. Federal law of the United States shall also apply where applicable.

17.2 Jurisdiction & Venue

FOR DISPUTES NOT SUBJECT TO ARBITRATION, you agree that: exclusive jurisdiction and venue shall be in the state or federal courts located in Maryland, you consent to personal jurisdiction in Maryland courts, and you waive any objection to venue or inconvenient forum.

17.3 Waiver of Jury Trial

YOU AND ARTA GHASEMI WAIVE ANY RIGHT TO A JURY TRIAL for any disputes resolved in court.

18.1 User Obligations

You represent and warrant that: you are not located in, residing in, or a national of any country subject to U.S. embargo or sanctions (including Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine); you are not listed on any U.S. government list of prohibited or restricted parties; and you will not access or use the Service in violation of U.S. export laws.

18.2 Prohibited Export

You may not: export, re-export, or transfer the Service or any data to prohibited countries or individuals, or use the Service for prohibited end uses (e.g., development of weapons or military applications). Violation of export control laws may result in civil and criminal penalties, including account termination.

19.1 Notice of Changes

Material changes to these Terms will be communicated via email to the address associated with your account, and/or in-app notification or banner. We will provide at least 30 days' notice before material changes take effect, except for immediate changes required by law, regulation, court order, or necessary for security, safety, or fraud prevention.

19.2 Acceptance of Changes

Continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must: stop using the Service immediately, cancel your subscription (via Apple), and delete your account. If you do not agree to modified Terms, your sole remedy is to terminate your account. You will not receive a refund for any remaining subscription period, except as required by law.

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and Arta Ghasemi regarding the Service, and supersede all prior agreements, understandings, or communications (written or oral).

20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator, the invalid provision shall be severed and the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

20.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. No waiver of any term shall be deemed a further or continuing waiver of that term or any other term.

20.4 Assignment

You may not assign, transfer, or delegate these Terms or your account to any third party without our prior written consent. We may assign these Terms (in whole or in part) to any affiliate, subsidiary, successor, or acquirer without your consent, including in connection with a merger, acquisition, sale of assets, or corporate reorganization.

20.5 Force Majeure

We are not liable for any failure or delay in performance due to events beyond our reasonable control, including: acts of God (earthquakes, floods, storms), war, terrorism, or civil unrest, pandemics or public health emergencies, government actions, laws, or regulations, labor disputes or strikes, internet outages or infrastructure failures, or third-party service provider failures (Firebase, Gemini AI, Apple).

20.6 Survival

The following sections survive termination of these Terms or your account: Health & Medical Disclaimers, Data Collection & Privacy (as specified in Privacy Policy), Intellectual Property Rights, Limitation of Liability, Disclaimers & Warranties, Indemnification, Dispute Resolution & Arbitration, Governing Law & Jurisdiction, and General Provisions.

20.7 Electronic Communications

By using the Service, you consent to receive communications from us electronically, including emails to your registered email address, in-app notifications and messages, and notices posted within the App. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

Contact Details

• Service Provider: Arta Ghasemi
• Email: contact@testmaxxer.com
• For Legal Notices: All legal notices must be sent to the email address above and must reference "Legal Notice - Terms of Service."
• For Support: General support inquiries can also be sent to contact@testmaxxer.com
• Response Time: We will make reasonable efforts to respond to inquiries within 5-7 business days.