Welcome to Changing Shape! These Terms of Use ("Terms") govern your access to and use of the Changing Shape mobile application (the "App"), operated by Changing Shape ("we," "us," or "our") [“Changing Shape”]. By downloading, installing, accessing, or using the App, you ("User" or "you") agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APP.

You must be at least 18 years of age to use this App. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you are strictly prohibited from using this App.

By downloading, installing, accessing, or using the Changing Shape App, you signify your full and unconditional acceptance of these Terms and our Privacy Policy. You acknowledge that you have read, understood, and agree to be bound by all provisions of these Terms. You further acknowledge and agree that your continued use of the App following any changes to these Terms constitutes your acceptance of such revised Terms.

3.1 Scope of Services: The Changing Shape App provides a platform intended to offer fitness tracking and planning tools, nutritional guidance and meal planning, progress monitoring, workout demonstrations and routines, and community features and support (collectively, the "Services"). These Services are designed to provide informational and supportive tools for users seeking to manage their diet and fitness. The App's functionality and features are subject to ongoing development and may change over time.

3.2 No Guarantee of Specific Features: While we strive to provide a comprehensive suite of Services, we do not guarantee that all listed features will be available at all times, function perfectly, or remain unchanged.

3.3 Modification, Suspension, or Discontinuation of Services: We reserve the absolute right, at any time and without prior notice or liability to you, to modify, suspend, or discontinue, temporarily or permanently, the App, the Services, or any part thereof (including any features, content, or functionality). This includes, but is not limited to, changes to content, features, hours of availability, or equipment needed for access or use. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or Services.

4.1 Account Creation: To access certain features of the App, you may be required to create a user account. You agree to provide accurate, current, and complete registration information about yourself as prompted by the App and to maintain and promptly update the Registration Data to keep it accurate, current, and complete.

4.2 Account Security: You are entirely responsible for maintaining the confidentiality of your account login information, including your username and password. You are solely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account information.

4.3 One Account Per User: You are permitted to create and register for one account only. Multiple accounts by the same individual are prohibited.

4.4 Multi-Device Access (Limited): You are permitted to install and access the App on a maximum of three personal devices (e.g., phone, tablet, desktop). The App, however, permits only one active session at a time per user account.

4.5 Data Privacy and Security: Your registration and use of the App are also governed by our Privacy Policy, which is available at [https://www.changingshape.com/privacy-policy]. Please review the Privacy Policy to understand our practices regarding your personal information. We implement reasonable security measures designed to protect your personal information from unauthorized access, use, alteration, or disclosure. However, no method of transmission over the internet, or method of electronic storage, is entirely secure, and we cannot guarantee absolute security. In the event of a data breach, we will make reasonable efforts to notify affected users as required by applicable law and in accordance with our data breach policy.

5.1 NOT MEDICAL OR OTHER PROFESSIONAL ADVICE: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE CHANGING SHAPE APP AND THE SERVICES ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, NOR ARE THEY INTENDED TO PROVIDE ADVICE IN ANY OTHER PROFESSIONAL AREA, INCLUDING BUT NOT LIMITED TO FINANCIAL ADVICE RELATED TO GROCERY SHOPPING, PSYCHOLOGICAL ADVICE RELATED TO BODY IMAGE, OR PROFESSIONAL FITNESS TRAINING CERTIFICATIONS. THE CONTENT AND INFORMATION PROVIDED THROUGH THE APP, INCLUDING BUT NOT LIMITED TO MEAL PLANS, EXERCISE GUIDES, RECIPES, ARTICLES, AND COMMUNITY FORUMS, ARE FOR INFORMATIONAL AND SUPPORT PURPOSES ONLY. It is not a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider, nor is it a substitute for advice from qualified professionals in other relevant fields. Before using the Changing Shape App and its services, you should consult a licensed healthcare professional.

5.2 NO DOCTOR-PATIENT RELATIONSHIP: Your use of the App and the Services does not create a doctor-patient, therapist-patient, or any other healthcare provider-patient relationship between you and Changing Shape. You acknowledge that the App and its Services are not designed to replace professional medical care, and you should not use the App as a substitute for medical advice, diagnosis, or treatment.

5.3 CONSULT YOUR HEALTHCARE PROVIDER: ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, YOUR DIET, OR EXERCISE REGIMEN, AND BEFORE STARTING ANY DIET, EXERCISE, OR WELLNESS PROGRAM, ESPECIALLY IF YOU HAVE ANY PRE-EXISTING HEALTH CONDITIONS, ARE PREGNANT, BREASTFEEDING, OR TAKING MEDICATIONS. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed in the App.

5.4 INDIVIDUAL RESULTS VARY: Nutritional, fitness, and wellness information and guidance provided within the App are based on general principles and research. INDIVIDUAL RESULTS MAY VARY SIGNIFICANTLY. Factors such as your individual metabolism, health conditions, adherence to the program, genetics, and physical activity levels can affect outcomes. WE DO NOT GUARANTEE ANY SPECIFIC WEIGHT LOSS, FITNESS, OR HEALTH OUTCOMES.

5.5 ASSUMPTION OF RISK: YOU ACKNOWLEDGE AND AGREE THAT BY USING THE CHANGING SHAPE APP AND FOLLOWING ANY RECOMMENDATIONS OR GUIDANCE PROVIDED, YOU ARE DOING SO VOLUNTARILY AND AT YOUR OWN RISK. You assume full responsibility for all risks associated with using the App, including but not limited to risks to your health.

5.6 NOT FOR MEDICAL EMERGENCIES: THE APP IS NOT INTENDED FOR USE IN MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR EMERGENCY SERVICES IMMEDIATELY.

5.7 DISCLAIMER OF ACCURACY: While we strive to provide accurate and up-to-date information, we make no warranties or representations as to the accuracy, completeness, reliability, or suitability of any information provided through the App.

6.1 AI-Generated Content: To enhance user experience, the Changing Shape App may utilize artificial intelligence ("AI") to generate meal plans, fitness routines, and other wellness-related recommendations.

6.2 Disclaimer: AI-generated content is based on generalized data and is not to be construed as personalized medical, nutritional, or fitness advice. By using the App, you acknowledge that AI-generated content is for informational purposes only and is neither intended to diagnose, treat, cure, or prevent any disease nor tailored to your individual medical, dietary, or fitness needs.

6.3 Assumption of Risk: By using the app, users assume all risks associated with following AI-generated content. Changing Shape is not responsible for any injury, illness, harm, or any other adverse outcome arising from the use of AI-generated content.

6.4 Consult your Healthcare Provider: Before implementing any recommendation based on AI-generated content, you should consult a licensed healthcare professional.

7.1 Wearable Device: The Changing Shape App may integrate with third-party wearable devices, such as Apple Watch, Fitbit, and Google Fit, to track physical activity, heart rate, and other health metrics ("Wearable Data").

7.2 Disclaimer: The accuracy of wearable data is subject to the limitations of third-party wearable devices and may not always be reliable, complete, or up to date. Changing Shape does not independently verify, validate, or guarantee the accuracy of wearable data. Thus, wearable data should not be used for medical diagnostics or critical health decisions.

7.3 Assumption of Risk: By using the app, users assume all risks associated with reliance on wearable data generated by third-party wearable devices. Changing Shape is not responsible for any injury, illness, harm, or any other adverse outcome arising from the use of third-party wearable devices, and wearable data.

7.4 Consult your Healthcare Provider: Before using any third-party wearable device or relying on wearable data, you should consult a licensed healthcare professional.

7.5 Wearable Data Privacy: By connecting a wearable device to the App, you grant Changing Shape permission to access, process, and store the associated wearable data in accordance with our Privacy Policy.

8.1 Coaches: The Changing Shape App may offer access to live coaching, virtual trainers, or nutrition nutrition experts ("Coaches").

8.2 Disclaimer: Changing Shape does not guarantee the accuracy, effectiveness, safety, or suitability of coaching services. Coaches are independent providers and are not employees, agents, or representatives of Changing Shape. Any disputes, misunderstandings, or issues with a coach must be resolved directly with the coach, and Changing Shape assumes no liability for such interactions.

8.3 Assumption of Risk: By using the app, users assume all risks associated with coaching services. Changing Shape is not responsible for any injury, illness, harm, or any other adverse outcome arising from coaching services.

8.4 Consult your Healthcare Provider: Before implementing any recommendation from a coach, you should consult a licensed healthcare professional.

9.1 User Plans: The Changing Shape App may allow users to create, share, or upload their own meal plans, workout routines, and fitness-related content ("User Plans").

9.2 Disclaimer: Changing Shape does not vouch for the accuracy, safety, or effectiveness of user plans. User plans may contain errors, outdated information, or recommendations that are unsafe or unsuitable for certain individuals. If you believe that any user plan is misleading, unsafe, or violates these Terms, please report it to general@changingshape.com.

9.3 Assumption of Risk: By using the app, users assume all risks associated with reliance on user plans. Changing Shape is not responsible for any injury, illness, harm, or any other adverse outcome arising from implementing any user plan.

9.4 Consult your Healthcare Provider: Before implementing any user plan, you should consult a licensed healthcare professional.

You agree to use the App responsibly and legally. You specifically agree to:

• Comply with Laws: Use the App in compliance with all applicable local, state, national, and international laws, rules, and regulations.
• Appropriate Use: Use the App solely for its intended purpose and in a manner consistent with these Terms and any guidelines we may provide.
• Account Security: Maintain the security and confidentiality of your account credentials and not share them with any other person.
• Respectful Conduct: Interact with other users and our staff in a respectful and appropriate manner. You agree not to engage in any harassing, bullying, discriminatory, threatening, or otherwise inappropriate behavior. This includes, but is not limited to, refraining from spamming other users, engaging in excessive self-promotion in inappropriate areas, sharing misinformation, or doxxing other users.
• Accurate Information: Provide accurate and truthful personal information when creating your account and using the App.
• Community Guidelines: Adhere to any community guidelines or rules posted within the App.
• Report Issues: Promptly report any technical issues, violations of these Terms, or inappropriate content to us.
• Data Charges: You are solely responsible for any data charges that you may incur in connection with your use of the App.

Violation of these User Responsibilities may result in account suspension or termination, as outlined in Section 14.

11.1 Ownership: All content within the Changing Shape App, including but not limited to text, graphics, images, software, videos, audio, logos, trademarks, service marks, and other material ("App Content"), is owned by or licensed to Changing Shape and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

11.2 Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the App and the App Content solely for your personal, non-commercial use in accordance with these Terms.

11.3 Restrictions on Use: You are expressly prohibited from:

• Reproducing, modifying, distributing, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the App Content, except as explicitly permitted in these Terms.
• Using the App Content for any commercial purpose without our express prior written consent.
• Removing, altering, or obscuring any copyright, trademark, or other proprietary notices from the App Content.
• Using any robot, spider, or other automatic device, process, or means to access, scrape, data mine, or copy any of the App Content.
• Attempting to circumvent any technological measures implemented by us or any of our providers or any other third party (including another user) to protect the App or the App Content.
• Creating derivative works of the App Content.

11.4 "Changing Shape" Brand Protection: The "Changing Shape" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks and service marks of Changing Shape or its licensors. You must not use such marks without our prior written permission.

11.5 Copyright Notice: Copyright © 2025 Changing Shape. All rights reserved.

12.1 User Content Responsibility: The App may allow you to submit, post, upload, publish, or otherwise make available content, including but not limited to text, photographs, videos, and other materials ("User Content"). You are solely responsible for all of your User Content and the consequences of posting or publishing it.

12.2 License to User Content: By submitting User Content to or through the App, you grant to Changing Shape a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or in part) in any and all media or distribution methods (now known or later developed) for any purpose, commercial or otherwise, without any further notice or compensation to you.

12.3 User Content Representations and Warranties: You represent and warrant that:

• You own or control all rights in and to your User Content and have the right to grant the license granted above.
• Your User Content is accurate and not misleading.
• Your User Content does not violate these Terms or any applicable law, rule, or regulation.
• Your User Content will not infringe, misappropriate, or violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.

12.4 Content Moderation: We have the right, but not the obligation, to monitor, review, edit, remove, or refuse to post any User Content for any reason, including without limitation if we believe that such User Content violates these Terms or is otherwise objectionable. We are not responsible for User Content, nor do we endorse any opinions expressed in User Content. We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion.

12.5 Prohibited Content: You agree not to post User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
• Is violent or promotes violence, or contains gratuitous violence.
• Is illegal or promotes illegal activities.
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.
• Violates any law or regulation.
• Contains viruses, corrupted data, or other harmful, disruptive, or destructive files.
• Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
• Contains private or personal information of another person without their consent (e.g., addresses, phone numbers, email addresses, Social Security numbers, credit card numbers).
• Is spam, advertising, or unauthorized commercial communications.

12.6 DMCA/Copyright Infringement Policy: We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the App, please notify our designated copyright agent as set forth in our DMCA policy.

13.1 Subscription Fees: Certain features of the App may require a subscription. By subscribing to a premium plan, you agree to pay the applicable subscription fees, which are specified at the point of purchase. All fees are quoted in U.S. Dollars (USD) as the base currency, unless otherwise stated. For users in other regions, currency conversion rates will apply based on prevailing exchange rates.

13.2 Payment Authorization: By providing a payment method, you expressly authorize us (or our third-party payment processor) to charge the applicable subscription fees to your selected payment method on a recurring basis (e.g., monthly or annually), depending on the subscription term you choose.

13.3 Auto-Renewal: Subscriptions automatically renew for the same term as initially purchased unless you cancel your subscription before the end of the then-current subscription period. You will be charged for renewal within 24 hours prior to the end of the current subscription period.

13.4 Cancellation: You can cancel your subscription at any time through the App's account settings or through the platform through which you purchased the subscription (e.g., Apple App Store or Google Play Store). Please note that cancellation must be initiated before the renewal date to avoid being charged for the next subscription period. For subscriptions purchased through third-party app stores, you must manage cancellation through your app store account and in accordance with their terms and conditions. Changing Shape is not responsible for subscriptions managed directly through app stores and cannot process refunds for those subscriptions beyond the policies set by the respective app store.

13.5 Refunds: Subscription fees are non-refundable, except where required by applicable law. We do not offer refunds or credits for partial subscription periods. Refunds, if any, are processed at our sole discretion and may be subject to the refund policies of the platform through which you purchased the subscription (e.g., Apple App Store or Google Play Store). Refunds for subscriptions purchased via third-party app stores are subject to the refund policies of those platforms.

13.6 Price Changes: We reserve the right to change our subscription fees at any time. We will provide you with reasonable prior notice of any changes to subscription fees. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use the subscription service after the price change takes effect, you accept the new fees.

13.7 Payment Processing: Payments are processed through a third-party payment processor (e.g., Stripe, PayPal, Apple Pay, Google Pay). Your payment information is collected and processed by such third-party payment processors in accordance with their terms of service and privacy policy. We do not directly store your full payment card details. Please refer to the payment processor's terms and privacy policy for more information.

13.8 Taxes: Subscription fees are exclusive of any applicable sales, use, or other taxes, unless otherwise stated. You are responsible for payment of all applicable taxes.

13.9 Free Trials (If Offered): If we offer a free trial period for a subscription, the specific terms of the free trial will be stated at the time of sign-up. Free trials may automatically convert to a paid subscription upon expiration, unless cancelled before the end of the trial period as per the cancellation terms outlined in Section 13.4.

14.1 Termination by Us: We reserve the right to suspend or terminate your account and your access to the App and Services, at any time, with or without cause, and with or without prior notice to you, including but not limited to the following reasons:

• Breach of these Terms or any other policies or guidelines we may issue.
• Extended inactivity of your account.
• Engaging in conduct that we, in our sole discretion, deem inappropriate, abusive, or harmful to the App, other users, or our business.
• Legal or regulatory requirements.
• Discontinuation of the App or Services, or any part thereof.

14.2 Termination by You: You may terminate your account at any time by following the account cancellation procedures within the App, if available, or by contacting us at general@changingshape.com .

14.3 Effects of Termination: Upon termination of your account, your right to access and use the App and Services will immediately cease. You will no longer have access to any content or data associated with your account, and we may delete such content and data, subject to our Privacy Policy and data retention policies. No refunds will be provided upon termination, except as required by applicable law or as expressly stated in our refund policy. Sections of these Terms that by their nature should survive termination (including, without limitation, Sections 5, 11, 12.2, 13.5, 15, 16, 17, 18, 19, 20, and 21) shall survive any termination of these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHANGING SHAPE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHANGING SHAPE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, CHANGING SHAPE DOES NOT WARRANT THAT:

• THE APP OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• DEFECTS WILL BE CORRECTED.
• THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR SERVICES WILL BE ACCURATE OR RELIABLE.
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.
• THE APP WILL BE COMPATIBLE WITH ALL DEVICES AND OPERATING SYSTEMS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHANGING SHAPE OR THROUGH THE APP OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APP AND SERVICES IS AT YOUR SOLE RISK. FURTHER, CHANGING SHAPE DOES NOT WARRANT OR GUARANTEE ANY SPECIFIC FITNESS, WEIGHT LOSS, OR HEALTH RESULTS OR OUTCOMES FROM USING THE APP OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHANGING SHAPE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHANGING SHAPE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR RELATING TO:

• ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP OR SERVICES.
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP.
• ANY CONTENT OBTAINED FROM THE APP.
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
• RELIANCE ON ANY INFORMATION OR GUIDANCE PROVIDED BY THE APP OR SERVICES.
• HEALTH ISSUES OR INJURIES RESULTING FROM DIETARY OR FITNESS CHANGES BASED ON APP RECOMMENDATIONS.

IN NO EVENT SHALL CHANGING SHAPE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHANGING SHAPE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO:

• YOUR USE OF THE APP OR SERVICES.
• YOUR USER CONTENT.
• YOUR VIOLATION OF THESE TERMS.
• YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY, INCLUDING OTHER USERS.
• YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

We reserve the right, in our sole discretion, to modify or revise these Terms at any time. We will provide notice of any material changes by posting the updated Terms within the App and/or by sending you an email notification to the email address associated with your account. The "Last Updated" date at the top of these Terms will indicate when the latest revisions were made. Your continued use of the App after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App. Changing Shape is committed to regularly reviewing and updating these Terms to reflect changes in our services, legal requirements, and best practices. We encourage you to periodically review these Terms to stay informed of updates.

19.1 Third-Party Services: The App may integrate with or provide links to third-party websites, applications, services, or resources (collectively, "Third-Party Services"). These Third-Party Services are not under our control, and we are not responsible or liable for the content, functionality, privacy practices, or terms of use of any Third-Party Services. Your use of Third-Party Services is solely between you and the applicable third party and is subject to their terms and policies.

19.2 App Store/Platform Terms: If you access or download the App through a third-party app store or platform (e.g., Apple App Store, Google Play Store), you acknowledge and agree that you must also comply with the terms and conditions of such app store or platform. By using the App that you have downloaded from a third-party app store, you acknowledge and agree that you are also bound by the terms of service and end user license agreement of that app store.

19.3 No Endorsement: Links to Third-Party Services within the App are provided for your convenience only and do not imply any endorsement by or affiliation with Changing Shape of such Third-Party Services or the content, products, or services available from such Third-Party Services.

19.4 Data Sharing with Third Parties: Information about whether and how we share data with third-party services is detailed in our Privacy Policy [https://www.changingshape.com/privacy-policy].

19.5 Assumption of Risk: You acknowledge and agree that your use of Third-Party Services is at your own risk. We encourage you to review the terms of use and privacy policies of any Third-Party Services that you visit or use.

20.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of laws principles.

20.2 Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or the App, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Vancouver, Washington, USA. The language of the arbitration shall be English. The arbitrator's decision shall be final and binding on all parties and may be enforced in any court of competent jurisdiction.

20.3 Class Action Waiver: YOU AND CHANGING SHAPE 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 OR REPRESENTATIVE PROCEEDING. Unless both you and Changing Shape agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

20.4 Exception to Arbitration: Notwithstanding Section 20.2, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Vancouver, Washington, USA, to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

20.5 Legal Compliance: You agree to comply with all local rules and laws regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

21.1 Entire Agreement: These Terms, together with our Privacy Policy [https://www.changingshape.com/privacy-policy], constitute the entire agreement between you and Changing Shape concerning your use of the App and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Changing Shape with respect to the App and Services.

21.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions of these Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes closest to expressing the intention of the original provision.

21.3 No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Changing Shape.

21.4 Assignment: You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, at any time without notice or consent.

21.5 Force Majeure: We shall not be liable for any failure or delay in performance under these Terms (including, without limitation, providing access to the App or Services) for causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

21.6 Contact Information: For any questions, concerns, or requests regarding these Terms, please contact us at:
Email: general@changingshape.com
Phone: 360.601.0482, Mon - Fri. 8 a.m. to 5 p.m. PST
Mail: Changing Shape, 6715 NE 63rd St, #103 Vancouver, WA 98661

You acknowledge that you have read these Terms of Use, understand them, and agree to be bound by them. By clicking "I Agree" or by downloading, installing, accessing, or using the Changing Shape App, you are accepting these Terms of Use.