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Full text of Embyr's current terms of service.

Embyr Terms of Service

Effective Date: [To be inserted upon legal counsel approval] Last Updated: April 3, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Embyr (“Embyr,” “we,” “us,” or “our”) governing your access to and use of the Embyr mobile application and related services (collectively, the “Service”).

Please read these Terms carefully before using the Service. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not create an account or use the Service.

1. Agreement to Terms

1.1 Acceptance

By creating an Embyr account, accessing any part of the Service, or tapping “Agree” or any equivalent acceptance mechanism, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. Together, these documents govern your relationship with Embyr.

1.2 Age Requirement

You must be at least sixteen (16) years of age to create an account or use the Service. By creating an account, you represent and warrant that you are at least 16 years old. If we learn that a User is under 16, we will promptly terminate their account and delete their data in accordance with applicable law.

We collect date of birth and biological sex during account creation for the sole purpose of physiological modeling (such as heart rate zone calculation, recovery baselines, and training load estimation). These fields are not used for advertising, profiling, or any purpose unrelated to coaching.

1.3 Authority

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” and “your” refer to that organization.

1.4 Changes to Terms

We may update these Terms from time to time. See Section 15 (Changes to Terms) for details on how we notify you and how changes take effect.

2. Service Description

2.1 What Embyr Is

Embyr is a life-aware performance coaching platform for endurance athletes. The Service connects training, fueling, and recovery data into personalized daily coaching guidance. Core functionality includes:

  • Training coaching. Daily training recommendations informed by periodization principles, training load analysis (TRIMP, HR zones), and fitness estimation models.
  • Fueling guidance. Meal photo capture with AI-estimated nutritional analysis, pre- and post-workout fueling recommendations, and general nutrition coaching tied to training demands.
  • Recovery signals. Integration of sleep, heart rate variability (HRV), resting heart rate, and other recovery metrics from connected devices to inform daily coaching.
  • Life-aware scheduling. Calendar integration to account for work, travel, and life commitments when adapting training recommendations.
  • Coaching narratives. AI-generated personalized coaching messages synthesized from your training, fueling, and recovery data.

2.2 What Embyr Is Not

Embyr is a general wellness and coaching product. Embyr is not a medical service, a healthcare provider, a registered dietitian service, a clinical nutrition therapy service, or a substitute for professional medical, nutritional, or psychological advice, diagnosis, or treatment. See Sections 5 and 6 for important disclaimers.

2.3 Coaching Methodology

Embyr’s coaching is based on standard, published sports science principles, including Banister’s impulse-response model (TRIMP), Foster’s session-RPE method, Daniels’ VDOT running fitness framework, Coggan and Allen’s cycling power analysis, and periodization theory. Coaching outputs are generated by heuristic engines applying these established models to your individual data. Embyr does not train machine learning models on your personal data to generate coaching recommendations.

AI services (provided by third-party providers including Google and Anthropic) are used for two specific functions: (a) meal photo analysis to estimate nutritional content, and (b) generation of personalized coaching narrative text from structured engine outputs. The underlying coaching decisions are made by Embyr’s deterministic engines, not by AI models.

2.4 Availability

We strive to maintain reliable access to the Service but do not guarantee uninterrupted or error-free availability. The Service may be temporarily unavailable due to maintenance, updates, server issues, or circumstances beyond our control. We are not liable for any interruption, delay, or unavailability of the Service.

3. Accounts

3.1 Account Creation

To use the Service, you must create an account with a valid email address and provide accurate, complete, and current information as requested during registration. You agree to update your information promptly if it changes.

3.2 One Account Per Person

Each account is for a single individual. You may not create multiple accounts for yourself, share your account credentials with others, or allow others to access your account.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@embyrapp.com if you suspect unauthorized access to your account.

3.4 Accurate Information

The quality of Embyr’s coaching depends on the accuracy of the information you provide. Inaccurate profile data (such as age, biological sex, training history, or goal events) may result in coaching recommendations that are inappropriate for your actual fitness level and physiology. We are not responsible for coaching outputs that are inaccurate due to inaccurate input data.

4. Subscription Terms

4.1 Subscription Plans

Access to the Service requires a paid subscription. The following plans are currently available:

  • Monthly Plan: $9.99 per month
  • Annual Plan: $79.99 per year

All prices are in United States dollars and are inclusive of the subscription fee only. Applicable taxes may be added by Apple at the time of purchase depending on your jurisdiction.

We may change subscription pricing from time to time. Any price change will take effect at the start of your next billing period following advance notice. Your subscription will not be renewed at the new price without your prior consent as required by the Apple App Store and applicable law.

4.2 Free Trial

New subscribers may be eligible for a 14-day free trial. During the free trial, you have full access to the Service at no charge.

How the trial works:

  • Your free trial begins when you confirm the subscription through the Apple App Store.
  • If you cancel at least 24 hours before the free trial ends, you will not be charged. You will continue to have access to the Service until the trial period expires.
  • If you do not cancel before the trial ends, your Apple ID account will be automatically charged the subscription price for your selected plan (monthly or annual), and your subscription will begin.
  • If you have previously redeemed a free trial for Embyr, you may not be eligible for another trial.

4.3 Billing and Auto-Renewal

All billing for the Service is processed by Apple through the App Store. Embyr does not directly collect, store, or process your payment information.

Auto-renewal: Your subscription automatically renews at the end of each billing period (monthly or annually, depending on your selected plan) unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the price of your selected plan.

Payment method: Payment will be charged to the Apple ID account you use to confirm the purchase.

4.4 How to Cancel

You may cancel your subscription at any time by turning off auto-renewal through your Apple device settings:

Settings > [Your Name] > Subscriptions > Embyr > Cancel Subscription

You may also manage your subscription through the App Store app by tapping your profile icon and selecting “Subscriptions.”

Cancellation means auto-renewal is turned off. You will retain access to the Service for the remainder of your current paid billing period. Cancellation does not entitle you to a refund for the current billing period.

Important for annual subscribers: If you cancel an annual subscription after being charged, you retain access for the remainder of the annual billing period, but the annual fee already charged is not prorated or partially refunded through cancellation. The annual plan is billed as a single payment for the full year.

4.5 Refunds

All purchases are made through and processed by Apple. Embyr does not have the ability to issue refunds for App Store purchases.

If you believe you are entitled to a refund, you may submit a request to Apple at https://reportaproblem.apple.com. Apple reviews refund requests at its sole discretion and may grant, partially grant, or deny any request. Embyr has no control over Apple’s refund decisions.

4.6 Subscription and Account Deletion

Canceling your subscription and deleting your account are separate actions. Canceling your subscription turns off auto-renewal but does not delete your account or data. Deleting your account (see Section 11) does not automatically cancel your subscription. If you wish to both stop being charged and remove your data, you must cancel your subscription first and then request account deletion.

5. Wellness and Health Disclaimer

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT LIMITATIONS ON THE NATURE OF THE SERVICE.

5.1 Not Medical Advice

THE SERVICE PROVIDES GENERAL WELLNESS AND FITNESS COACHING INFORMATION. IT IS NOT INTENDED TO BE, AND SHOULD NOT BE CONSTRUED AS, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. EMBYR IS NOT A LICENSED HEALTHCARE PROVIDER, MEDICAL DEVICE, CLINICAL SERVICE, OR SUBSTITUTE FOR THE ADVICE OF A PHYSICIAN, REGISTERED DIETITIAN, LICENSED NUTRITIONIST, LICENSED MENTAL HEALTH PROFESSIONAL, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL.

5.2 Consult Professionals

You should consult a qualified medical professional before beginning any new exercise program, making significant changes to your training or nutrition, or if you have any medical conditions, injuries, health concerns, or concerns about Relative Energy Deficiency in Sport (RED-S). If you experience chest pain, dizziness, severe fatigue, or any other symptoms of a medical emergency during exercise, stop immediately and seek medical attention.

5.3 Your Responsibility

You acknowledge that all training, nutrition, and recovery decisions are ultimately your own. You assume full responsibility for your use of the Service and any actions you take based on coaching outputs. Embyr does not know your complete medical history, current medications, allergies, injuries, or other health factors that may affect the appropriateness of any recommendation.

5.4 Coaching Limitations

Embyr’s coaching outputs are generated from limited data inputs (workout history, wearable metrics, meal photos, and user-provided profile information). These outputs reflect general sports science principles applied to incomplete information. They do not account for medical conditions, injuries, medications, food allergies, intolerances, or metabolic conditions unless you have specifically informed the Service and even then, the Service is not designed to manage medical conditions.

Coaching quality depends on the accuracy of data from your connected wearable devices. Wearable sensors vary in precision across device types and manufacturers, particularly for metrics such as heart rate variability, sleep staging, and resting heart rate. Embyr accounts for known device-level differences where possible but cannot guarantee the accuracy of third-party hardware data.

5.5 Disordered Eating

If you have a history of or are currently experiencing disordered eating, an eating disorder, or a difficult relationship with food, the nutrition-related features of this Service may not be appropriate for you. We encourage you to consult a healthcare professional before using meal analysis or fueling guidance features.

Crisis resources:

  • 988 Suicide and Crisis Lifeline: Call or text 988
  • ANAD Helpline: 1-888-375-7767 (National Association of Anorexia Nervosa and Associated Disorders)
  • Crisis Text Line: Text “HELLO” to 741741
  • NEDA: www.nationaleatingdisorders.org

6. Meal Analysis Disclaimer

6.1 Approximate Estimates

Meal analysis outputs (including macronutrient emphasis, portion estimates, and food identification) are approximate estimates derived from AI-powered image recognition and nutrition reference databases, including the USDA FoodData Central database and Open Food Facts. These estimates are subject to significant variability based on photo quality, lighting, food presentation, portion ambiguity, and the inherent limitations of image-based food recognition.

6.2 Not a Substitute for Professional Guidance

Meal analysis outputs are not a substitute for:

  • Nutrition labels. For packaged foods, always refer to the manufacturer’s nutrition facts label for accurate nutritional information.
  • Food weighing and measurement. AI-based portion estimation is inherently imprecise. If you require precise nutritional tracking for medical or performance reasons, use a food scale and measured portions.
  • Registered dietitian guidance. If you have specific dietary requirements, medical nutrition therapy needs, food allergies, or metabolic conditions, work with a registered dietitian or licensed nutritionist.
  • Eating disorder treatment. Meal analysis features are not designed for and should not be used as a component of eating disorder treatment. See Section 5.5.

6.3 AI Processing

Meal photos you capture through the Service are processed by third-party AI providers for food identification and nutritional estimation. By using the meal analysis feature, you consent to the transmission of your meal photos to these providers for this purpose. See our Privacy Policy for details on how meal photos are processed, stored, and retained.

6.4 No Allergy or Safety Guarantees

Embyr does not detect, identify, or warn about food allergens, contaminants, or unsafe food handling. Do not rely on meal analysis outputs to determine whether a food is safe for you to consume given any allergies, intolerances, or dietary restrictions.

7. Connected Services

7.1 Third-Party Integrations

The Service allows you to connect your account with third-party fitness platforms and data sources, which may include Strava, WHOOP, Oura, Garmin Connect, Apple HealthKit, and Google Calendar (each, a “Connected Service”). When you connect a Connected Service, you authorize Embyr to access data from that service as described during the connection process and in our Privacy Policy.

7.2 Third-Party Terms

Each Connected Service is operated by an independent third party and is governed by its own terms of service, privacy policy, and developer agreements. By connecting a third-party service to Embyr, you represent that you have the right to share data from that service with Embyr and that your use of the Connected Service complies with its terms. Embyr is not responsible for the practices, policies, content, or availability of any Connected Service.

7.3 Availability Not Guaranteed

We do not guarantee the continued availability of any third-party integration. Connected Services may change their APIs, terms, pricing, or availability at any time without notice to us. If a Connected Service becomes unavailable, we will endeavor to notify you, but we are not liable for any loss of functionality, data, or coaching quality resulting from changes to or discontinuation of a Connected Service.

7.4 Data from Connected Services

Data received from Connected Services (such as workouts, recovery metrics, sleep data, and calendar events) is used solely to provide and improve your coaching experience within Embyr. Embyr does not sell data received from Connected Services. Use and handling of data from specific Connected Services is subject to additional restrictions as required by each provider’s developer agreements.

7.5 Disconnecting

You may disconnect any Connected Service at any time through the Embyr app settings. When you disconnect a Connected Service:

  • Embyr revokes its access tokens for that service and ceases requesting new data.
  • Previously synced data from that Connected Service is removed from your account in accordance with applicable data retention requirements.
  • Disconnection from Embyr does not affect your account with the Connected Service itself.
  • Some coaching features may be degraded or unavailable after disconnection if they rely on data from the disconnected service.

7.6 Apple HealthKit

If you connect Apple HealthKit, the following additional terms apply:

  • Embyr requests access only to the specific health data types needed for coaching functionality (such as workouts, heart rate, active energy, sleep analysis, and related metrics).
  • HealthKit data is used exclusively to power coaching, readiness, and fueling guidance within the Service. Embyr does not use HealthKit data for advertising, marketing, data mining, or any purpose other than providing the Service to you.
  • Embyr does not sell, license, or otherwise make HealthKit data available to third parties for advertising or marketing purposes.
  • HealthKit data is not stored in iCloud. It is stored using secure local or encrypted server-side storage.
  • You may revoke HealthKit access at any time through your device’s Health app settings (Health > Sharing > Apps > Embyr).

8. User Content

8.1 Your Content

“User Content” means any content you create, upload, or submit through the Service, including meal photos, text inputs, notes, corrections to meal analysis, profile information, and any other data you provide. You retain ownership of your User Content.

8.2 License to Embyr

By submitting User Content, you grant Embyr a non-exclusive, worldwide, royalty-free, sublicensable (solely to service providers performing functions on our behalf), and transferable license to use, reproduce, process, adapt, and display your User Content solely for the purposes of:

  • Operating and providing the Service to you (including processing meal photos through AI providers, generating coaching outputs, and displaying your data within the app);
  • Improving the Service (including using de-identified and aggregated data for product development and quality improvement); and
  • Complying with legal obligations.

This license continues for as long as your User Content is retained by the Service and terminates when your User Content is deleted, except to the extent that de-identified, aggregated derivatives have already been created prior to deletion.

8.3 De-Identified and Aggregated Data

We may create de-identified and aggregated datasets from User Content and usage data that cannot reasonably be used to identify you. Such de-identified data is not subject to these Terms’ provisions regarding User Content and may be used for product improvement, research, and business purposes. De-identification is performed in accordance with applicable law, including CCPA and GDPR standards for anonymization.

8.4 Your Representations

You represent and warrant that: (a) you own or have the rights to submit your User Content; (b) your User Content does not infringe the intellectual property or other rights of any third party; and (c) your User Content does not contain illegal, harmful, or objectionable material.

8.5 Meal Photo Retention

Meal photos are retained for up to 90 days from the date of capture to support meal history review and correction workflows. Derived nutritional outputs (such as macronutrient estimates) may persist in your account history after the original photo is deleted. You may request deletion of your meal photos and associated data at any time through account deletion (see Section 11) or by contacting us.

9. Acceptable Use

9.1 Permitted Use

The Service is provided for your personal, non-commercial use as an individual athlete seeking coaching and wellness guidance.

9.2 Prohibited Conduct

You agree not to:

  • Reverse engineer, decompile, or disassemble the Service or any component thereof, except to the extent that applicable law expressly permits such activity notwithstanding this restriction;
  • Scrape, crawl, or systematically extract data from the Service through automated means;
  • Use the Service for competitive analysis or to build a competing product or service;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Share, resell, sublicense, or redistribute access to the Service or any content derived from the Service;
  • Use the Service to harass, threaten, or harm any person;
  • Circumvent or disable any security, authentication, or access control measures of the Service;
  • Upload malicious content including viruses, malware, or any code designed to disrupt the Service;
  • Use the Service to generate, distribute, or promote medical advice, clinical diagnoses, or treatment plans, or hold yourself out as a healthcare provider based on Embyr’s outputs;
  • Interfere with or disrupt the Service, servers, or networks connected to the Service;
  • Violate any applicable law or regulation in connection with your use of the Service; or
  • Assist or enable any third party in doing any of the foregoing.

9.3 Enforcement

We reserve the right to investigate and take appropriate action against any User who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

10. Intellectual Property

10.1 Embyr’s Intellectual Property

The Service, including its design, features, code, algorithms, coaching engines, brand elements, user interface, text, graphics, logos, and documentation, is owned by or licensed to Embyr and is protected by United States and international intellectual property laws. These Terms do not grant you any ownership interest in the Service. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal use in accordance with these Terms.

10.2 Trademarks

“Embyr,” the Embyr logo, and related brand elements are trademarks or service marks of Embyr. You may not use these marks without our prior written consent. All other trademarks, service marks, and logos appearing in the Service (including Strava, WHOOP, Oura, Garmin, Apple, and Google marks) are the property of their respective owners. Their appearance in the Service does not imply endorsement of Embyr by those companies.

10.3 Open Data Attribution

Certain nutrition lookup features within the Service incorporate data from Open Food Facts, made available under the Open Database License (ODbL) v1.0 (https://opendatacommons.org/licenses/odbl/1.0/). The USDA FoodData Central database is a public domain resource of the United States Department of Agriculture.

10.4 Feedback

If you provide suggestions, ideas, or feedback about the Service (“Feedback”), you grant Embyr a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate that Feedback into the Service without obligation to you.

11. Account Deletion

11.1 How to Request Deletion

You may request deletion of your Embyr account at any time through the in-app settings (Profile > Account > Delete Account) or by contacting us at privacy@embyrapp.com. You will be asked to confirm the deletion request before it is processed.

11.2 What Happens When You Delete Your Account

Upon confirmed account deletion, the following actions are taken:

  • Account data: Your profile, coaching history, training data, and account-level information are marked for deletion and permanently removed from our active systems within 30 days of the confirmed request.
  • Meal photos: All stored meal photos associated with your account are permanently deleted.
  • Connected Service tokens: All OAuth access and refresh tokens for Connected Services (Strava, WHOOP, Oura, Garmin, Apple HealthKit, Google Calendar) are revoked. Embyr ceases accessing data from these services on your behalf.
  • De-identified data: De-identified and aggregated data that was derived from your information prior to deletion and that cannot reasonably be used to identify you may be retained for product improvement purposes.
  • Backup retention: Data may persist in encrypted backups for up to an additional 30 days beyond the active deletion window, after which backups containing your data are purged through the normal backup rotation cycle.

11.3 Cancel Your Subscription First

Account deletion does not automatically cancel your Apple App Store subscription. If you delete your account without first canceling your subscription, Apple may continue to charge you. You must cancel your subscription through your device settings (Settings > [Your Name] > Subscriptions > Embyr > Cancel Subscription) before or concurrent with requesting account deletion. Embyr is not responsible for charges incurred after account deletion if you have not canceled your subscription.

11.4 Irreversibility

Account deletion is permanent and cannot be undone. All data associated with your account will be lost. If you later wish to use the Service, you will need to create a new account.

12. Limitation of Liability

12.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EMBYR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, EMBYR DOES NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE;
  • COACHING RECOMMENDATIONS WILL BE APPROPRIATE FOR YOUR INDIVIDUAL HEALTH, FITNESS, OR NUTRITIONAL NEEDS;
  • MEAL ANALYSIS OUTPUTS WILL ACCURATELY REFLECT THE NUTRITIONAL CONTENT OF ANY FOOD;
  • ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR
  • THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMBYR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

  • YOUR USE OF OR INABILITY TO USE THE SERVICE;
  • ANY TRAINING, NUTRITION, OR RECOVERY DECISIONS YOU MAKE BASED ON INFORMATION PROVIDED BY THE SERVICE;
  • ANY INJURY, ILLNESS, OR ADVERSE HEALTH OUTCOME RELATED TO YOUR USE OF THE SERVICE;
  • ANY INACCURACY IN MEAL ANALYSIS, NUTRITIONAL ESTIMATES, OR COACHING OUTPUTS;
  • ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE;
  • ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
  • ANY ACTIONS OR OMISSIONS OF THIRD-PARTY CONNECTED SERVICES;
  • ANY BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS TRANSMITTED THROUGH THE SERVICE; OR
  • ANY OTHER MATTER RELATING TO THE SERVICE,

REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER EMBYR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Cap on Liability

TO THE EXTENT THAT EMBYR’S LIABILITY CANNOT BE FULLY EXCLUDED UNDER APPLICABLE LAW, EMBYR’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO EMBYR (THROUGH THE APPLE APP STORE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

12.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the exclusions and limitations set forth in this section shall apply to the fullest extent permitted by the laws of that jurisdiction. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or willful misconduct.

12.5 Basis of the Bargain

You acknowledge and agree that Embyr has offered the Service and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, that the same reflect a reasonable and fair allocation of risk between you and Embyr, and that the same form an essential basis of the bargain between you and Embyr. Embyr would not be able to provide the Service to you on an economically reasonable basis without these limitations.

13. Indemnification

You agree to indemnify, defend, and hold harmless Embyr, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your use or misuse of the Service;
  • Your violation of these Terms;
  • Your violation of any applicable law or regulation;
  • Your User Content, including any claim that your User Content infringes or violates the intellectual property or other rights of any third party;
  • Your violation of the terms of any Connected Service;
  • Any training, nutrition, or health-related decisions you make based on the Service; or
  • Any dispute between you and any third party relating to your use of the Service.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Service.

14. Dispute Resolution

14.1 Informal Resolution First

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@embyrapp.com and attempt to resolve the dispute informally for at least thirty (30) days. Your written notice must include your name, account email address, a detailed description of the dispute, and the specific relief you seek. Most concerns can be resolved through this informal process.

14.2 Binding Arbitration

If a dispute cannot be resolved informally within the 30-day period, you and Embyr agree that the dispute shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth in Section 14.5. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, which are available at https://www.adr.org/consumer.

The arbitration shall be conducted by a single arbitrator. The arbitration may be conducted in person, through the submission of documents, by phone, or online, as determined by the arbitrator. The arbitrator shall have the authority to award the same relief that would be available in a court of competent jurisdiction. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action and Jury Trial Waiver

YOU AND EMBYR AGREE THAT EACH PARTY 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Embyr agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, consolidated, or representative proceeding.

YOU AND EMBYR EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS SECTION.

14.4 Arbitration Fees

If you initiate arbitration, Embyr will pay all AAA filing fees and arbitrator fees in excess of the amount that a court filing fee would cost in your jurisdiction, unless the arbitrator finds that the claims are frivolous. If Embyr initiates arbitration, Embyr will pay all AAA filing fees and arbitrator fees. Each party shall bear its own attorneys’ fees unless the arbitrator awards fees to the prevailing party where permitted by applicable law.

14.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may:

  • Bring an individual action in small claims court for claims within that court’s jurisdictional limits; or
  • Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.

14.6 Opt-Out

You may opt out of the arbitration and class action waiver provisions of this Section 14 by sending a written notice to legal@embyrapp.com within thirty (30) days of first agreeing to these Terms. Your notice must include your name, account email address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Embyr will be obligated to arbitrate disputes, and any disputes will be resolved in the courts identified in Section 14.7.

14.7 Governing Law and Venue

These Terms and any disputes arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of laws principles. If the arbitration provisions of this section are found unenforceable or if you have opted out of arbitration, you and Embyr agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of California.

15. Changes to Terms

15.1 Notification of Changes

We may modify these Terms from time to time. When we make material changes, we will notify you through one or more of the following methods:

  • An in-app notification displayed when you open the Service;
  • An email sent to the address associated with your account; or
  • A prominent notice on our website at https://embyrapp.com/terms.

We will provide at least fourteen (14) days’ advance notice before material changes take effect, unless a shorter notice period is required by law or necessary to address a security or legal issue.

15.2 Acceptance of Changes

Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription and delete your account in accordance with Sections 4.4 and 11.

15.3 Non-Material Changes

For non-material changes (such as corrections, clarifications, or formatting updates that do not alter your rights or obligations), we may update these Terms without advance notice. The “Last Updated” date at the top of these Terms will always reflect the most recent revision date.

16. General Provisions and Contact Information

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms you have agreed to, constitute the entire agreement between you and Embyr regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Service.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent, or if modification is not possible, it shall be severed from these Terms.

16.3 Waiver

The failure of Embyr to enforce any provision of these Terms shall not constitute a waiver of that provision or of the right to enforce it at a later time. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. Embyr may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

16.5 Survival

The following sections survive termination or expiration of these Terms: Section 5 (Wellness and Health Disclaimer), Section 6 (Meal Analysis Disclaimer), Section 8 (User Content, to the extent content is retained), Section 10 (Intellectual Property), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14 (Dispute Resolution), and this Section 16 (General Provisions).

16.6 Electronic Communications

By creating an account, you consent to receive electronic communications from Embyr (such as emails and in-app notifications) relating to your account, the Service, and these Terms. You agree that these electronic communications satisfy any legal requirement that such communications be in writing.

16.7 Force Majeure

Embyr shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, government actions, power outages, internet or telecommunications failures, or third-party service outages.

16.8 Contact Information

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

Legal inquiries: legal@embyrapp.com

General support: support@embyrapp.com

Mailing address: Embyr [Address to be added upon LLC formation]

These Terms of Service were last updated on April 3, 2026.