Last Updated: April 6, 2025

1. Introduction

Welcome to Metalyze. These Terms and Conditions govern your use of the Metalyze platform, including our website, mobile applications, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Definitions

In these Terms:

"Metalyze," "we," "us," and "our" refer to Metalyze and its affiliates.
"You" and "your" refer to the individual or entity using our Services.
"Content" refers to all information, data, text, software, graphics, and other materials that may be accessed through our Services.
"User Data" refers to data you provide or that we collect about you, including health and fitness information.

3. Account Registration

To use certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.1 Service Availability

Currently, Metalyze services are available only to users located in the European Union and the United States. By creating an account, you confirm that you are a resident of one of these regions and will access and use the Services primarily from these locations.

All user data is stored on secure servers located in Germany, which provides strong data protection under EU laws. Our technical infrastructure is designed to ensure that your data remains protected according to applicable privacy regulations, including the EU General Data Protection Regulation (GDPR).

We may expand our service to other regions in the future, in which case we will update these Terms accordingly.

3.2 Account Deletion

You may delete your account at any time through the "Delete Account" option in your account settings page. Account deletion will:

Permanently remove your user profile and authentication information
Delete all your connected integrations and access tokens
Remove all your health data, including glucose readings, workout information, and nutrition data
Delete any custom dashboards, saved configurations, and preferences

Account deletion is permanent and cannot be undone. If you wish to use our Services again after account deletion, you will need to create a new account. For more information about how we handle your data after account deletion, please refer to our Privacy Policy.

4. Health Disclaimer

Metalyze is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition. The information provided through our Services is for informational and educational purposes only.

Always consult with a qualified healthcare provider before making any changes to your diet, exercise routine, or medication based on information from our Services. Never disregard professional medical advice or delay seeking it because of something you have read or seen on our platform.

Metalyze is not regulated by the Food and Drug Administration (FDA) or similar regulatory bodies in other jurisdictions. Our Services are not designed to replace professional medical advice, diagnosis, or treatment. The Services are intended to supplement, not replace, the relationship between you and your healthcare providers.

4.1 AI-Generated Content and Recommendations

Our Services include AI-generated content, insights, and recommendations based on the data you provide and authorize us to collect. You acknowledge and agree that:

AI-generated recommendations are created through algorithmic processes and may not account for all factors relevant to your individual health situation
The accuracy, completeness, and usefulness of AI-generated content depend on the quality and completeness of the input data
AI models have inherent limitations and may not recognize unusual or rare health conditions or circumstances
AI-generated content should be used as a starting point for discussions with healthcare professionals, not as definitive medical advice

4.2 Health Data Accuracy

Our Services integrate with various third-party devices and applications to collect health and fitness data. You acknowledge that:

Third-party devices and applications may have varying levels of accuracy and reliability
Technical issues, connectivity problems, or improper use of devices may result in inaccurate or incomplete data
We do not independently verify the accuracy of data collected from third-party sources
Decisions based on potentially inaccurate or incomplete data are made at your own risk

4.3 Medical Emergency Disclaimer

DO NOT USE METALYZE FOR MEDICAL EMERGENCIES. Metalyze is not designed to address emergency medical conditions. If you believe you are experiencing a medical emergency, immediately call your doctor or emergency services (such as 911 in the United States) or go to the nearest emergency room.

Metalyze does not monitor data in real-time for life-threatening conditions, and there may be delays in data synchronization that make the platform unsuitable for emergency situations.

5. User Responsibilities

You agree that you will:

Comply with all applicable laws and regulations
Provide accurate information
Maintain the confidentiality of your account information
Use the Services only for lawful and authorized purposes
Not interfere with or disrupt the Services or servers
Not attempt to gain unauthorized access to any part of the Services
Not use the Services for any harmful, fraudulent, or illegal activities

6. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Metalyze, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

7. User Data

You retain all rights to your User Data. By providing User Data to us, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise use your User Data for the purposes of providing and improving our Services.

You represent and warrant that: (i) you own or control all rights in and to your User Data and have the right to grant the license granted above, and (ii) your User Data does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person.

7.1 Health Data Regulatory Compliance

Depending on your jurisdiction, health data may be subject to specific regulations (such as HIPAA in the United States, GDPR in Europe, or similar laws in other regions). While we implement measures to comply with applicable laws:

We are not a covered entity or business associate as defined by HIPAA
Our Services are not intended to create a provider-patient relationship
You are responsible for ensuring that your use of our Services complies with any professional or regulatory obligations you may have
Healthcare professionals should not use Metalyze as a primary medical record system

For more information about how we handle your health data, please refer to our Privacy Policy.

8. Third-Party Services and Content

Our Services may integrate with or contain links to third-party websites, services, or content. We do not control, endorse, or assume responsibility for any third-party websites, services, or content. When you access third-party services, you do so at your own risk.

Your use of such third-party services may be subject to separate terms and conditions provided by those third parties. We are not responsible for the practices of any third-party services, and we encourage you to review their privacy policies and terms of use.

9. Subscription and Payment

Some features of our Services may require a subscription. By subscribing to our Services, you agree to pay all fees associated with the subscription plan you choose.

We may change our fees at any time. If we change our fees, we will provide notice of the change on the website or by email, at our option, at least 14 days before the change is to take effect. Your continued use of our Services after the fee change becomes effective constitutes your agreement to pay the changed amount.

You may cancel your subscription at any time. If you cancel, you will continue to have access to your subscription until the end of your current billing period, but you will not receive a refund for any fees already paid.

10. Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

11. Disclaimer of Warranties

THE SERVICES 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.

METALYZE DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL METALYZE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

13. Indemnification

You agree to defend, indemnify, and hold harmless Metalyze, 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 your violation of these Terms or your use of the Services.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.1 Dispute Resolution

Any dispute arising out of or relating to these Terms, including any question regarding their existence, validity, or termination, shall be resolved as follows:

Informal Resolution: We encourage you to contact us first to seek an informal resolution to any dispute. Please send your concerns to [email protected].
Mandatory Arbitration: If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Delaware, unless you and Metalyze agree otherwise. Each party will be responsible for paying any filing, administrative, and arbitrator fees in accordance with the rules of the American Arbitration Association.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights pending the completion of arbitration.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]