Terms of Service

Legal Rights & Agreement Rules · Restriction or exception

Using the Services means agreeing to three documents

The Services (website, mobile apps and related services) are offered subject to these Terms of Service together with the separate Privacy Policy and Community Guidelines, which the Terms call the MyFitnessPal Terms. The Services are provided by MyFitnessPal, Inc. and its affiliates. You are treated as agreeing to the MyFitnessPal Terms by accessing and using the Services, signing up for an account, or indicating your consent, and if you do not agree to any part of them you may not use the Services. This version states an effective date of March 18, 2025.

Supporting quotations

Effective Date: March 18, 2025

subject to these Terms of Service (“Terms”), our Privacy Policy (“Privacy Policy”) and the Community Guidelines (“Community Guidelines”) (collectively, the “MyFitnessPal Terms”)

Services are provided to you by MyFitnessPal, Inc. and its affiliates

By accessing and using the Services, signing up for an account, or indicating your consent, you agree to the MyFitnessPal Terms. If you do not agree to any part of the MyFitnessPal Terms, you may not use the Services.

Qualifications & exceptions

• Agreement is triggered by accessing and using the Services, signing up for an account, or indicating consent.
• The bundle is the Terms of Service plus the Privacy Policy plus the Community Guidelines.

Not stated here

• The Privacy Policy and Community Guidelines are separate documents that were not part of this saved text, so their content is not described here.

Legal Rights & Agreement Rules · Context

Terms include binding arbitration and a class action waiver

A notice at the start of the Terms says they include a binding arbitration agreement and a class action waiver in Section 12, that this provision affects how you can resolve disputes with MyFitnessPal, and that you should review it carefully. This is a pointer; the operative dispute terms are in the Dispute Resolution section.

Supporting quotations

THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER IN SECTION 12. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH MYFITNESSPAL AND YOU SHOULD REVIEW IT CAREFULLY.

Qualifications & exceptions

• The notice points to Section 12; the operative arbitration, waiver and procedure terms are in that section.

Not stated here

• The notice itself does not state the terms of Section 12 (who is covered, what is excluded, the process, any opt-out); those are read from the Dispute Resolution section.

Cross-references

• related (model-proposed): Section 12 covers almost any dispute: arbitration, class and jury waivers, and a one-year limit — references: The opening notice points to the Dispute Resolution section for the operative terms.
• related (model-proposed): Disputes are resolved by binding individual arbitration under the Federal Arbitration Act — references: The opening notice announces the arbitration agreement that this card describes.

Legal Rights & Agreement Rules · Restriction or exception

You treat the agreement as negotiated and confirm your authority

You agree that the MyFitnessPal Terms are like any written, negotiated agreement signed by you and that you will be bound by and fully comply with them. You also represent and warrant that you have all necessary rights, power and authority to enter into the agreement and perform your obligations.

Supporting quotations

You agree that the agreement formed by the MyFitnessPal Terms is like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms.

You represent and warrant that you have all necessary rights, power, and authority to enter into this agreement and to perform your obligations hereunder.

Legal Rights & Agreement Rules · Restriction or exception

English version controls over translations

The MyFitnessPal Terms were written in English. If a translated version conflicts with the English version, the English version controls.

Supporting quotations

The MyFitnessPal Terms were written in English and to the extent a translated version of the MyFitnessPal Terms conflict with the English version, the English version controls.

Qualifications & exceptions

• Applies only where a translation conflicts with the English version.

Legal Rights & Agreement Rules · Context

Plain-language summary box previews five topics

Before the numbered sections, a 'Quick Links' box gives short, informal previews of five topics: that the Services are only for users over 18; that MyFitnessPal owns the content made available through the Service while you own what you provide (like logging data) and give it the permissions it needs to use it; that Premium means providing a payment method, being charged automatically at the start of each billing cycle, and auto-renewal unless you cancel before the end of the subscription period; that the Services are not medical advice and you should talk to your doctor; and that scraping the website is asked not to be done. Four items link to numbered sections for more. These previews are shorthand; the details and limits are in the sections they point to.

Supporting quotations

Our Services are ONLY for users who are over 18.

We own all content made available through the Service. You own what you provide (like your logging data), but you’re giving us the permissions we need to use it.

you’ll give us a payment method and will be automatically charged at the start of each billing cycle unless you cancel. Your subscription auto-renews unless you choose to cancel prior to the end of the subscription period.

Absolutely not. Always talk to your doctor with any questions you may have regarding your health.

Can I scrape your website and steal all your data? Please don’t.

Qualifications & exceptions

• The box is a summary and the items that carry a 'Learn More' link point to the numbered sections for detail.
• The age item has no link in the box; the age rule is in the registration section.

Account & Service Control · Restriction or exception

Only people 18 or older may use the Services

You must be at least 18 years old to use the Services, and no one under 18 may use them or provide personal information to MyFitnessPal. MyFitnessPal says it uses technical measures to keep under-18 individuals from creating an account or otherwise using the Services. If it becomes aware that someone under 18 may have provided personal information, it says it will investigate and, if applicable, take steps to remove the data and delete that individual's account.

Supporting quotations

You must be at least 18 years old to use the Services.

No individual under the age of 18 may use the Services or provide us with any personal information. We implement technical measures to prevent individuals under the age of 18 from creating an account or otherwise using our Services. If we become aware that an individual under 18 may have provided us with personal information, we will investigate and if applicable, take steps to remove the data and delete that individual’s account.

Qualifications & exceptions

• The commitment to remove data and delete the account applies after MyFitnessPal becomes aware, follows an investigation, and applies 'if applicable'.
• The technical measures are described in general terms; the text does not say what they are.

Not stated here

• How MyFitnessPal verifies age or what the technical measures are is not stated in this text.

Legal Rights & Agreement Rules · Restriction or exception

You promise lawful use, local permission and accurate information

You represent and warrant that you have verified in your own jurisdiction that using the Services is allowed, that you will perform under the MyFitnessPal Terms in compliance with all applicable laws, rules and regulations, and that all information you provide in connection with accessing or using the Services is true, accurate and complete to the best of your knowledge and belief.

Supporting quotations

You represent and warrant that you have verified in your own jurisdiction if your use of the Services is allowed, that you will perform under these MyFitnessPal Terms in compliance with all applicable laws, rules and regulations, and that all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief.

Qualifications & exceptions

• The accuracy promise is limited to the best of your knowledge and belief.

Account & Service Control · Restriction or exception

Your account: accurate details, one personal account, you are responsible

You may need to register for an account to use the Services. When you create one you agree to give accurate and complete information and keep it up to date. You agree to create only one account for your own personal use and not share it with others. You are responsible for keeping your password confidential and accept responsibility for all activities under your account. You should notify the Support Team right away of any actual or suspected loss, theft or unauthorized use of the account or password.

Supporting quotations

You may need to register for a MyFitnessPal account to access or use the Services. When you create an account for our Services, you agree to provide us with accurate and complete information as part of the registration process and keep that information up to date.

You agree to create only one account for your own personal use and not share your account with others. You are responsible for maintaining the confidentiality of the password associated with your account. You accept responsibility for all activities that occur under your account.

Please notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password.

Qualifications & exceptions

• Registration is required 'may need to', depending on the Services used.
• One account for your own personal use; sharing is not permitted.

Account & Service Control · User right or choice

You can delete your account at any time, usually without recovery

You can delete your account at any time. If you delete it, it usually cannot be recovered. This part of the text does not say what happens to your data after deletion or whether deletion cancels a paid subscription; the Premium cancellation section addresses subscription cancellation separately.

Supporting quotations

You can delete your account at any time. If you delete your account, it usually cannot be recovered.

Qualifications & exceptions

• Recovery after deletion is described as 'usually' not possible.

Not stated here

• What happens to account data after deletion is not stated in this passage.

Account & Service Control · Permission or license

Updates may be automatic; no obligation to provide updates or features

MyFitnessPal may provide updates, including automatic updates, that can include upgrades, changes, fixes and new features. Some parts of the Services may not work properly if you do not install all updates, and the MyFitnessPal Terms apply to every update. MyFitnessPal has no obligation to provide any updates or to continue to provide or enable any particular feature or functionality, and a stated update or refresh date does not mean all information in the Services or on related websites has been modified or updated.

Supporting quotations

We may provide updates (including automatic updates) for the Services

Certain portions of our Services may not properly operate if you do not install all Updates. The MyFitnessPal Terms will apply to any and all Updates.

We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.

No specified update or refresh date should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Qualifications & exceptions

• Applies to updates for the Services, including automatic updates.
• No obligation to continue any particular feature or functionality.

Account & Service Control · Permission or license

MyFitnessPal can change or end content, features and prices at any time

MyFitnessPal may change the Services at any time, including terminating, removing, adding, modifying or discontinuing any Content, feature, data or service; changing the software or equipment needed to use the Services; and changing prices for the Services, if applicable. It says it is not liable to you or any third party for any modification, price change, suspension or discontinuance of the Services or of items available on them.

Supporting quotations

We may change the Services at any time, including (a) terminating, eliminating, supplementing, modifying, adding, or discontinuing any Content (defined below), feature, data, or service on or available through the Services; (b) changing the software or other equipment required to use and access the Services; and (c) changing prices for the Services, if applicable.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, or any items available on the Services.

Qualifications & exceptions

• Price changes apply 'if applicable', that is, where the Services carry a price.
• Liability disclaimer covers modification, price change, suspension or discontinuance of the Services and items on them.

Account & Service Control · Permission or license

Access can be limited or restricted without notice; some features depend on third parties

MyFitnessPal may impose limits on certain Services or restrict your access to part or all of the Services without notice or liability. Not all Services are available in every geographic area or jurisdiction. If a feature depends on third parties (the text gives grocery integrations as an example), those third parties may stop providing their services to MyFitnessPal at any point, and MyFitnessPal may then be unable to offer that feature. It says it is not responsible for any action or inaction by those third parties or the resulting impact on the Services.

Supporting quotations

We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

Not all Services are available in all geographic areas or jurisdictions.

If certain aspects of our Services or features are dependent on third parties (e.g., grocery integrations), you understand that such third parties may discontinue their provision of services to us at any point and as a result, we may no longer be able to provide you with such features. We are not responsible for any action or inaction by such third parties or any resultant impact to our Services.

Qualifications & exceptions

• Restriction may apply to part or all of the Services and may be without notice or liability.
• Third-party dependency example is grocery integrations.

Legal Rights & Agreement Rules · Permission or license

Terms can be changed at any time; continued use means acceptance

MyFitnessPal reserves the right to update the MyFitnessPal Terms at any time and for any reason in its sole discretion. It says it will notify you in advance of any material changes. By continuing to access or use the Services after notice of a modification, you agree to be bound by the modified terms. If the modified terms are not acceptable to you, the text tells you to stop using the Services and delete your account.

Supporting quotations

MyFitnessPal reserves the right to update the MyFitnessPal Terms at any time and for any reason in its sole discretion.

We will notify you in advance of any material changes to the MyFitnessPal Terms.

By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified MyFitnessPal Terms. If the modified MyFitnessPal Terms are not acceptable to you, please stop using the Services and delete your account.

Qualifications & exceptions

• Advance notice is promised only for material changes.
• Acceptance is by continuing to access or use the Services after notice of the modification.

Not stated here

• The text does not say how far in advance notice will be given or by what channel in this passage; the Miscellaneous section covers notice methods in general.

Content & IP Rights · Context

How Content, User-Generated Content and MyFitnessPal Content are defined

'Content' covers all content and materials made available through the Services, including images, designs, graphics, text, information, data, nutritional information, lists, recipes, meal plans, software, scripts and other files, and their selection and arrangement. 'User-Generated Content' is any Content that you or another user makes available in connection with the Services, whether privately or publicly posted. 'MyFitnessPal Content' is all Content that is not User-Generated Content. Because User-Generated Content includes material posted privately, the license and responsibility terms that attach to it are not limited to public posts.

Supporting quotations

“Content” is all content and materials made available through the Services, including without limitation, images, designs, graphics, text, information, data, nutritional information, lists, recipes, meal plans, software, scripts, and other files, and their selection and arrangement.

“User-Generated Content” means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted.

“MyFitnessPal Content” means all Content that is not User-Generated Content.

Qualifications & exceptions

• User-Generated Content includes content made available privately as well as publicly posted.
• MyFitnessPal Content is defined by exclusion: all Content that is not User-Generated Content.

Content & IP Rights · Restriction or exception

MyFitnessPal and its licensors own MyFitnessPal Content and the Services

MyFitnessPal Content, and the copyright, trademarks, design rights, patents and other intellectual property rights in it and in the Services, are the sole property of MyFitnessPal and/or its licensors. Unauthorized use of its trademarks, trade dress, copyrighted materials or other intellectual property or goodwill is prohibited. Except as otherwise specified in the Terms, no licenses, express or implied, are granted under its patents, copyrights, trademarks, trade secrets or other intellectual property rights, and all such rights are reserved.

Supporting quotations

MyFitnessPal Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) therein and in the Services are the sole property of MyFitnessPal and/or its licensors.

Except as otherwise specified herein, no licenses, express or implied, are granted by MyFitnessPal to you under any patent, copyright, trademark, trade secret, or other intellectual property right of MyFitnessPal and all such rights are reserved and retained by MyFitnessPal.

Qualifications & exceptions

• No licenses are granted other than as otherwise specified in the Terms (for example the personal license to use the Services).

Content & IP Rights · Permission or license

Your license to use the Services is personal, limited and revocable

Subject to your compliance with the MyFitnessPal Terms, MyFitnessPal grants you a limited, revocable, personal, non-transferable and non-exclusive license to access and use the Services and MyFitnessPal Content for your own personal, noncommercial purposes. The license depends on you not copying, modifying, creating derivative works from, reverse engineering, selling, assigning, sublicensing, granting a security interest in, transferring or otherwise commercially exploiting any right in the MyFitnessPal Content or Services. If open source or third-party code is incorporated in the App, the applicable open source or third-party license covers that code.

Supporting quotations

Subject to your compliance with the MyFitnessPal Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and MyFitnessPal Content for your own personal, noncommercial purposes

provided that you do not copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the MyFitnessPal Content or Services.

If any open source or third-party code is incorporated in the App, such open source or third-party code is covered by the applicable open source or third-party license, if any, authorizing use of such code.

Qualifications & exceptions

• License is conditional on compliance with the MyFitnessPal Terms.
• Purpose is limited to your own personal, noncommercial use.
• Open source or third-party code in the App is governed by its own license, if any.

Content & IP Rights · Permission or license

You give MyFitnessPal and its users a broad, perpetual license to your User-Generated Content

When you provide User-Generated Content to MyFitnessPal through the Services, you grant MyFitnessPal and its users a perpetual, non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide license to use, host, store, cache, copy, reproduce, publish, display, perform, distribute, transmit, modify, adapt, reformat, reorganize, translate, excerpt, exploit (commercially or otherwise), create derivative works of and otherwise process that content, in all media and distribution methods now known or later developed, in connection with any and all Services. Because User-Generated Content includes anything you make available in connection with the Services, whether privately or publicly posted, this license is not limited to public posts. The license runs to MyFitnessPal and 'our users', not only to MyFitnessPal.

Supporting quotations

When you provide User-Generated Content to MyFitnessPal through the Services, you grant us and our users a perpetual, non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, copy, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, reformat, reorganize, translate, excerpt, exploit (commercially or otherwise), create derivative works of, and otherwise process, in all media and distribution methods now known or later developed, such User-Generated Content in connection with any and all Services.

Qualifications & exceptions

• Covers use 'in connection with any and all Services'.
• Perpetual and irrevocable as stated; no end date or termination for deletion is given in this passage.
• Granted to MyFitnessPal and its users, with the right to sublicense.

Not stated here

• The passage does not say whether the license ends when you delete content or your account; other sections of the Terms say removed content may remain viewable or copied.

Content & IP Rights · Restriction or exception

No credit or payment for use of your User-Generated Content

You acknowledge and agree that MyFitnessPal can arrange the posting of User-Generated Content in any way it desires, that it has no obligation to give you credit when using your User-Generated Content, and that you are not entitled to compensation or other payment in connection with its use.

Supporting quotations

You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) we have no obligation to provide you with any credit when using your User-Generated Content; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.

Content & IP Rights · Company commitment

Use of your User-Generated Content must be consistent with the Privacy Policy

Despite the broad license, MyFitnessPal says it will not make use of any of your User-Generated Content in a manner that is inconsistent with its Privacy Policy. This is a commitment that ties the license to the separate Privacy Policy, whose text is not part of this document, so the card cannot say what that policy permits or forbids.

Supporting quotations

Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with our Privacy Policy.

Qualifications & exceptions

• The commitment applies 'notwithstanding the above', that is, it qualifies the license you grant.

Not stated here

• The Privacy Policy text is not supplied in this saved document, so what 'consistent with our Privacy Policy' allows or prevents is not described here.

Cross-references

• qualifies (model-proposed): You give MyFitnessPal and its users a broad, perpetual license to your User-Generated Content — qualifies: The Privacy Policy commitment limits how the broad User-Generated Content license may be used.

Content & IP Rights · Permission or license

MyFitnessPal can review, edit, store or remove User-Generated Content for any reason

MyFitnessPal reserves the right, without any obligation, at any time and for any reason to monitor, review, prescreen, edit, redact, otherwise modify, reorganize or recategorize User-Generated Content from the Services, and to archive or otherwise store any User-Generated Content. It also reserves the right to remove, modify or restrict your access to User-Generated Content for any reason and at any time, including content it believes violates the Terms, the Community Guidelines or its policies. User-Generated Content includes anything you or another user makes available in connection with the Services, privately or publicly posted.

Supporting quotations

We reserve the right, but do not have the obligation, to, at any time and for any reason: monitor, review, prescreen, edit, redact, otherwise modify, reorganize, or recategorize User-Generated Content from the Services; and archive or otherwise store any User-Generated Content.

We also reserve the right to remove, modify, or restrict your access to User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, the Community Guidelines, and/or our policies.

“User-Generated Content” means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted.

Qualifications & exceptions

• The rights are reserved but MyFitnessPal has no obligation to exercise them.
• Covers User-Generated Content privately made available as well as publicly posted.

Retention & Deletion · Company practice

Removed or deleted content may remain visible or copied by others

Even after removal or deletion, User-Generated Content you have provided may remain viewable to other users and members of the public, and may have been copied or stored by them. The text frames this as something you understand, not as a commitment by MyFitnessPal to retrieve copies.

Supporting quotations

You understand that, even after removal or deletion, User-Generated Content you have provided may remain viewable to and may have been copied or stored by other users and members of the public.

Qualifications & exceptions

• Phrased as 'may remain viewable' and 'may have been copied or stored', not as certain.

Cross-references

• qualifies (model-proposed): MyFitnessPal can review, edit, store or remove User-Generated Content for any reason — qualifies: Removal or deletion of User-Generated Content does not undo copies or visibility that other users and the public already have.

Content & IP Rights · Restriction or exception

You warrant you own or may share your content and that it infringes no one's rights

You agree to respect others' intellectual property rights. By providing User-Generated Content you represent and warrant that you are its creator and owner, or that you otherwise have all legal rights, permissions and consents needed to provide it as contemplated by the Terms and to grant MyFitnessPal the license described. You also warrant that your User-Generated Content and all other information you provide to MyFitnessPal does not infringe, misappropriate or otherwise violate any third party's intellectual property rights, privacy rights or other proprietary rights.

Supporting quotations

You agree that you will respect the intellectual property rights of others.

By providing User-Generated Content, you represent and warrant that you are the creator and owner of the User-Generated Content or that you otherwise have all the legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms and to grant MyFitnessPal the foregoing license.

You also represent and warrant that your User-Generated Content and all other information provided to us does not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other proprietary rights of any third party.

Qualifications & exceptions

• The no-violation warranty covers your User-Generated Content and all other information provided to MyFitnessPal.

Content & IP Rights · Permission or license

Feedback you give is treated as User-Generated Content under the same license

Feedback, comments, ideas, proposals and suggestions for improving the Services that you choose to provide are called Feedback. Feedback is considered User-Generated Content and is subject to the terms above, so the license you give MyFitnessPal for User-Generated Content (perpetual, irrevocable, sublicensable, worldwide, including commercial exploitation) covers it.

Supporting quotations

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”) you choose to provide. Feedback is considered User-Generated Content and is subject to the terms above.

you grant us and our users a perpetual, non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license

Qualifications & exceptions

• Applies to Feedback you choose to provide.

Cross-references

• related (model-proposed): You give MyFitnessPal and its users a broad, perpetual license to your User-Generated Content — references: Feedback is treated as User-Generated Content under the license.

Charges & Financial Obligations · Company practice

Premium versions cost a fee, can change, and may still show some commercial content

MyFitnessPal offers premium versions of the Services (for example Premium and Premium+ subscriptions and other premium offerings made available from time to time) for a fee, giving access to certain enhanced content, features and functionality. It reserves the right to change its Premium Services at any time, including the features in each, as additionally described in the Changes to Services provisions. Premium Services without ads may still contain limited commercial content, such as sponsored product recommendations.

Supporting quotations

We offer certain premium versions of the Services (e.g., Premium Subscriptions, Premium+ Subscriptions, and any other premium offerings made available from time-to-time) (collectively, the “Premium Services”) for a fee.

We reserve the right to change our Premium Services at any time, including with respect to the features made available in each Premium Service, as additionally described in Section 1 above.

Please note that Premium Services without ads may still contain limited commercial content, such as sponsored product recommendations.

Qualifications & exceptions

• The 'Section 1' cross-reference points to the Changes to Services provisions.
• Premium without ads is not free of all commercial content: limited commercial content such as sponsored product recommendations may remain.

Cross-references

• related (model-proposed): MyFitnessPal can change or end content, features and prices at any time — references: The Premium card's right to change features refers back to the general Changes to Services right.

Charges & Financial Obligations · Restriction or exception

Signing up for Premium means agreeing to fees and giving a payment method

By signing up for and using the Premium Services, you agree to pay the applicable fees, including ongoing subscription fees. When you sign up you must designate and provide information about your preferred payment method, for example a credit card online or a third-party platform such as the Apple App Store or Google Play. You expressly authorize MyFitnessPal and certain third-party service providers to receive, store and encrypt your payment information.

Supporting quotations

By signing up for and using the Premium Services, you agree to pay any fees that apply to the Premium Services, including ongoing subscription fees.

When you sign up for the Premium Services, you must designate and provide information about your preferred payment method (e.g., online via credit card, third party platform, like Apple App Store or Google Play) (“Payment Method”).

You expressly authorize us and certain-third party service providers to receive, store and encrypt your payment information.

Qualifications & exceptions

• Authorization covers MyFitnessPal and certain third-party service providers, not named in this text.

Not stated here

• The third-party service providers that receive and store payment information are not named in this passage.

Charges & Financial Obligations · Restriction or exception

Premium is billed automatically up front; purchases are final, with a 14-day exception outside the US

You can choose monthly or annual payment. Unless otherwise stated, fees are billed automatically to your payment method at the start of each monthly or annual period. All purchases of Premium Services are final and non-refundable, except at MyFitnessPal's sole discretion, and its ability to give refunds may be restricted by App Providers or other third parties. If you live outside the United States, you may be entitled to change your mind and receive a full refund within fourteen days of signing up.

Supporting quotations

You can choose to pay for the Premium Services on a monthly or annual basis. Unless otherwise stated, all fees due for the Premium Services will be billed automatically to the Payment Method at the start of the monthly or annual Premium Service period, as applicable.

All purchases of Premium Services are final and non-refundable, except at our sole discretion. Please be aware our ability to give refunds may be restricted or otherwise constrained by App Providers (defined below) or other third parties.

If you reside outside of the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days of signing up.

Qualifications & exceptions

• Billing at the start of each period applies 'unless otherwise stated'.
• The non-refundable rule is subject to MyFitnessPal's sole discretion and to limits that App Providers may impose.
• The 14-day full refund applies to people who reside outside the United States and is phrased as 'may be entitled'.

Charges & Financial Obligations · Restriction or exception

Premium subscriptions renew automatically unless you cancel before the period ends

Subscription fees are billed automatically at the start of each monthly or annual subscription period. Your Premium Services auto-renew unless you cancel your subscription before the end of the then-current subscription period.

Supporting quotations

Subscription fees will be billed automatically at the start of the monthly or annual subscription period, as applicable. The Premium Services you are subscribed for will auto-renew unless you cancel your subscription prior to the end of the then-current subscription period.

Qualifications & exceptions

• Cancellation must happen before the end of the then-current subscription period.

Charges & Financial Obligations · Procedure

How to cancel Premium, when it takes effect, and why deleting your account may not cancel it

If you signed up at www.MyFitnessPal.com you can cancel in the Settings menu; if you signed up through Google Play or the Apple App Store you cancel through that App Provider. A cancellation or downgrade takes effect at the end of your billing period and you keep access through the end of that period (for example, an annual subscriber who cancels mid-year keeps access to the end of that year). When the subscription ends your account remains and becomes a free subscription. You can delete your account at any time, but depending on the platform deleting your account may not cancel your subscription: you have to cancel via the App Provider where you signed up, and deleting the App from your device also does not cancel it.

Supporting quotations

If you signed up at www.MyFitnessPal.com, you may cancel your subscription to Premium Services in the “Settings” menu. If you signed up through the Google Play or Apple App Store, you may cancel your subscription through the App Provider.

The cancellation or downgrade of a subscription will go into effect at the end of your billing period and you will continue to have access to the applicable Premium Service through the end of the billing period.

When your subscription ends, your account will remain and become a free subscription.

You can delete your account at any time, but please note that, depending on the platform, deleting your account may not result in a cancellation of your subscription - you have to specifically cancel your subscription via the App Provider where you signed up (i.e., Apple App Store or Google Play). Please also be aware that deleting the App from your device also does not result in the cancellation of your subscription.

Qualifications & exceptions

• Where you cancel depends on where you signed up (website or App Provider).
• Effect is at the end of the billing period, not immediately.
• Account deletion may not cancel a subscription 'depending on the platform'.

Cross-references

• qualifies (model-proposed): You can delete your account at any time, usually without recovery — qualifies: The Premium cancellation card adds that deleting an account may not cancel a subscription bought through an App Provider, which limits what the general account-deletion right accomplishes for billing.

Charges & Financial Obligations · Restriction or exception

Free trials may require a payment method and convert to paid unless cancelled

MyFitnessPal may offer free trials of Premium Services for a limited time at no charge. To sign up you may need to provide a preferred payment method, and you are not charged until the trial ends. Unless you cancel before the end of the Free Trial period, your access automatically continues and you are billed the applicable fees using the payment method you provided.

Supporting quotations

We may offer free trials of our Premium Services which provide you with access to Premium Services for a limited period of time at no charge (each a “Free Trial”). In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. You will not be charged until the Free Trial period ends.

Unless you cancel before the end of the Free Trial period, your access to the Premium Service will automatically continue, and you will be billed the applicable fees for that Premium Service using the Payment Method you provided.

Qualifications & exceptions

• A payment method may be required to start a Free Trial.
• Billing starts automatically when the trial ends unless you cancel first.

Charges & Financial Obligations · Restriction or exception

A cancelled Free Trial cannot be resumed; one Free Trial at a time

Once you have cancelled a Free Trial and received confirmation, you cannot resume it even if you did not use the whole offered period. You may not sign up for more than one Free Trial of a Premium Service at the same time. A Free Trial here is a limited-time, no-charge period of access to Premium Services.

Supporting quotations

Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer. You may not sign up for more than one Free Trial of a Premium Service at the same time.

free trials of our Premium Services which provide you with access to Premium Services for a limited period of time at no charge (each a “Free Trial”)

Qualifications & exceptions

• The no-resume rule applies after you cancel and receive confirmation.
• The one-at-a-time limit is stated per Premium Service.

Charges & Financial Obligations · Company practice

Free tests of Premium features carry no obligation to continue

MyFitnessPal may also offer a test of certain Premium features at no charge for a limited time. It has no obligation to keep providing those features at the end of the test if you choose not to sign up for the applicable Premium Service.

Supporting quotations

We may also choose to offer you with a test of certain features of Premium Services at no charge for a limited time period. We have no obligation to continue to provide you with access to such features or resultant at the termination of such test if you choose not to sign up for the applicable Premium Service.

Qualifications & exceptions

• No obligation to continue applies where you do not sign up for the applicable Premium Service.

Charges & Financial Obligations · Restriction or exception

Discount, coupon and gift codes: new subscriptions only, no combining, your job to use them in time

Discount, gift and coupon codes can only be applied when initially subscribing to a Premium Service and to accounts not already subscribed. They cannot be combined with other sales, promotions or coupons, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a code. You are responsible for using a code before it expires; expired codes cannot be refunded or extended. It is also your responsibility to terminate the Premium Service before the end of a free or discounted period if you do not want to continue at the regular price. A specific code's terms may add restrictions, and MyFitnessPal reserves the right to cancel discount and coupon promotions at any time.

Supporting quotations

All discounts, gift and coupon codes can only be applied when initially subscribing to a Premium Service, and to accounts not already subscribed to a Premium Service. Discount, coupon and gift codes cannot be combined with any other sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code.

It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Premium Service before the end of a free or discounted period if you do not want to continue with a Premium Service at the regular price.

The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use. MyFitnessPal reserves the right to cancel discounts and coupon promotions at any time.

Qualifications & exceptions

• Codes apply only at initial subscription and only to accounts not already subscribed to a Premium Service.
• A specific code's own terms may add restrictions.
• MyFitnessPal may cancel discount and coupon promotions at any time.

Charges & Financial Obligations · Permission or license

Unpaid fees can lead to loss of Premium access, even without notice

If you do not pay the fees or charges due for Premium Services, MyFitnessPal says it may make reasonable efforts to notify you and resolve the issue, but it reserves the right to disable or terminate your access to the Premium Services, and may do so without notice.

Supporting quotations

If you do not pay the fees or charges due for your use of the Premium Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Services (and may do so without notice).

Qualifications & exceptions

• Reasonable efforts to notify are described as something MyFitnessPal 'may' make; termination may happen without notice.

Charges & Financial Obligations · Permission or license

Premium prices can change with reasonable notice; continued use means acceptance

To the maximum extent permitted by applicable law, MyFitnessPal may change its prices for Premium Services at any time. It will give reasonable notice, and if you do not want to pay the new prices you can cancel before the change takes effect. If you do not cancel in time, a price change may take effect at the start of the next subscription period after the change date, and by continuing to use the Services after the new price takes effect you are deemed to have accepted it.

Supporting quotations

To the maximum extent permitted by applicable laws, we may change our prices for Premium Services at any time. We will give you reasonable notice of any such pricing changes, and if you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the change going into effect.

If you do not timely cancel, any such price changes may take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Services after the price change takes effect, you will be deemed to have accepted the new price.

Qualifications & exceptions

• Price-change right applies to the maximum extent permitted by applicable law.
• The amount of notice is 'reasonable notice', not a fixed period.

Not stated here

• The length of 'reasonable notice' is not stated.

Cross-references

• qualifies (model-proposed): MyFitnessPal can change or end content, features and prices at any time — qualifies: The general right to change prices without liability is paired, for Premium Services, with reasonable notice and a right to cancel before the change.

Charges & Financial Obligations · Permission or license

MyFitnessPal can correct pricing and other errors

MyFitnessPal says it strives to give accurate pricing information but errors may occur, and it reserves the right to correct errors in pricing, promotions, offers, shipping charges, availability or other information.

Supporting quotations

Although we strive to provide accurate pricing information, errors may occur. We reserve the right to correct any errors in pricing, promotions, offers, shipping charges, availability, or other information.

Legal Rights & Agreement Rules · Restriction or exception

Health content is information only; see a physician and never delay medical care because of it

MyFitnessPal provides health and weight management information and guidance only. You should seek the advice of a physician or medical professional with any questions about your health before beginning any dietary programs, exercise regimen or other fitness or wellness activities referenced in the Services. If you are being treated for a health condition or illness, taking prescription medication or following a therapeutic diet to treat a disease, you should consult your physician before using the Services. If information from the Services is inconsistent with your physician's medical advice, you should follow your physician's advice, and you should never disregard medical advice or delay seeking it because of any content in the Services.

Supporting quotations

We provide health and weight management information and guidance only.

You should seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any dietary programs, exercise regimen or any other fitness or wellness activities, as may be referenced in our Services.

If you are being treated for a health condition or illness, taking prescription medication or following a therapeutic diet to treat a disease, you should consult with your physician before using the Services. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE OR ATTENTION BECAUSE OF ANY CONTENT PRESENTED IN THE SERVICES.

Qualifications & exceptions

• Phrased as what you 'should' do, not as a prohibition.

Legal Rights & Agreement Rules · Restriction or exception

You voluntarily assume the risks of exercise and wellness activities

Exercise and wellness activities carry inherent and significant risks of bodily injury, death or property damage, and you voluntarily assume all known and unknown risks associated with those activities.

Supporting quotations

Exercise and wellness activities carry certain inherent and significant risks of bodily injury, death or property damage and you voluntarily assume all known and unknown risks associated with these activities.

Legal Rights & Agreement Rules · Restriction or exception

The Services are not medical advice and create no doctor-patient relationship

The Services, including Content, are provided for general informational purposes only. MyFitnessPal says it is not a medical professional or organization and does not provide medical services or advice. The Services are not intended for diagnosing diseases or other medical conditions or for curing, mitigating, treating or preventing them. Its information should not be treated as a substitute for physician consultation, evaluation or treatment or relied on for medical decisions or to diagnose or treat a condition. Using the Services or communicating with MyFitnessPal does not create a doctor-patient relationship.

Supporting quotations

Services (including but not limited to Content) are provided for general informational purposes only. MyFitnessPal is not a medical professional or a medical organization and we do not provide medical services or render medical advice. Services are not intended for use in the diagnosis of diseases or other medical conditions, or in the cure, mitigation, treatment or prevention of disease or medical condition.

The information provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment and should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness.

Use of the Services, or communication with us does not create any doctor-patient relationship.

Legal Rights & Agreement Rules · Restriction or exception

Meal planning may miss allergens; you are solely responsible for your food allergies

Premium Services may include specialized Content such as meal planning. MyFitnessPal says it will try to avoid recommending foods you may be allergic to, based on the information you provide, but it may not have enough information about the ingredients of each food item. You are solely responsible for knowing about any food allergies you have and for verifying products and their contents before handling, preparing, using or consuming them.

Supporting quotations

Premium Services may provide you with access to certain specialized Content, including meal planning. Please be aware that while we will try to avoid recommending foods that you may be allergic to (in accordance with the information you provide us), we may not have sufficient information about the ingredients of each food item.

YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.

Qualifications & exceptions

• Allergy avoidance is based on the information you provide and is described as an effort ('will try'), not a guarantee.
• The meal planning example is in Premium Services.

Legal Rights & Agreement Rules · Restriction or exception

Using the Services to promote or achieve dangerously low levels of eating is not permitted

MyFitnessPal says it welcomes members at different stages of their health and fitness journey, aims to provide tools for steady and sustainable weight management, promotes healthy relationships with food and does not condone dangerously low levels of eating. It links to additional eating disorder resources. Any use of the Services to promote, glamorize or achieve dangerously low levels of eating is not permitted. If you feel the Services may not be the best choice for you, the text asks you not to use them.

Supporting quotations

We promote healthy relationships with food and don’t condone dangerously low levels of eating. We offer additional resources here.

Any use of our Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted.

If you feel like our Services may not be the best choice for you, please do not use them.

Qualifications & exceptions

• The prohibition covers promoting, glamorizing or achieving dangerously low levels of eating through the Services.
• The statements about goals and values are stated intentions, not measurable commitments.

Not stated here

• The text does not define 'dangerously low levels of eating' or say how the rule is enforced.

Legal Rights & Agreement Rules · Restriction or exception

No promise that Content is accurate, complete or kept up to date

MyFitnessPal makes no representations or warranties about the accuracy, reliability, completeness or timeliness of any Content available through the Services and makes no commitment to update it. User-Generated Content, including advice, statements and other information such as food, nutrition, dietary guidance, exercise or training guidance, athletic activities and exercise database entries, is not produced by MyFitnessPal and should not be relied on. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user it came from.

Supporting quotations

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.

User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by MyFitnessPal, and should not be relied on.

User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated.

Qualifications & exceptions

• Covers both publicly posted and privately transmitted User-Generated Content.

Legal Rights & Agreement Rules · Restriction or exception

The Food Database is partly user-edited; no guarantee on nutrition, allergens or medication interactions

MyFitnessPal's Food Database combines nutritional information entered by MyFitnessPal and by members, and any user can contribute to or edit it. Nutritional information in the database has not always been reviewed by people with the needed expertise to provide complete, accurate or reliable information. MyFitnessPal does not guarantee the accuracy, completeness or usefulness of any nutritional information or ingredients in it, and explicitly disclaims all responsibility for food safety, allergens or contraindications to medications.

Supporting quotations

MyFitnessPal’s food database (“Food Database”) contains a combination of nutritional information entered by MyFitnessPal and MyFitnessPal members. Any user of the Services can contribute to or edit nutritional information in the Food Database.

Nutritional information in the Food Database has not always been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. MyFitnessPal does not guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database.

WE MAKE NO REPRESENTATIONS OF ANY KIND FOR AND EXPLICITLY DISCLAIM ALL RESPONSIBILITY WITH RESPECT TO FOOD SAFETY, ALLERGENS OR CONTRAINDICATIONS TO MEDICATIONS.

Qualifications & exceptions

• Any user of the Services can contribute to or edit nutritional information in the Food Database.

Inference & Profiling · Restriction or exception

Parts of the Services use AI, including third-party language models, whose output may be wrong

Portions of the Services and Content may include or be created with proprietary or third-party technologies such as artificial intelligence or machine learning, including third-party large language models. You understand that such technology and its output or recommendations may contain errors or misleading information, may not be accurate or reliable, and can perpetuate biases present in training data. MyFitnessPal does not guarantee the accuracy, completeness or usefulness of that output and says it bears no liability for use of the technology or its output.

Supporting quotations

Portions of the Services and Content may include or be created with proprietary or third party technologies such as artificial intelligence or machine learning systems, including third party large language models.

You understand that such technology and its output or recommendations may contain errors or misleading information, may not be accurate or reliable, and can perpetuate biases that are present in data used to train models. MyFitnessPal does not guarantee the accuracy, completeness, or usefulness of any such output, recommendations or other materials and bears no liability to use with respect to the use of such technology or its output.

Qualifications & exceptions

• Applies to portions of the Services and Content that include or are created with AI or machine learning.

Not stated here

• The text does not say which features use AI or which third-party models are used, and does not say whether your data is used to train them.

Legal Rights & Agreement Rules · Restriction or exception

The Services may be used only for lawful purposes

The Services may be used only for lawful purposes, and MyFitnessPal specifically prohibits the uses listed in the Restrictions section, which covers derivative works and copying, commercial use, disruption, scraping and data harvesting, and harmful code.

Supporting quotations

The Services may be used only for lawful purposes. MyFitnessPal specifically prohibits any use of the Services as follows.

Content & IP Rights · Restriction or exception

No modifying, selling or copying MyFitnessPal Content

Except as expressly permitted by applicable law or specifically authorized by MyFitnessPal, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or any MyFitnessPal Content, in whole or in part. You may not download, copy or save MyFitnessPal Content except as expressly permitted by the functionality of certain Services. MyFitnessPal Content is all Content that is not User-Generated Content.

Supporting quotations

Except as expressly permitted by applicable law or specifically authorized by MyFitnessPal, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or any MyFitnessPal Content, in whole or in part. You may not download, copy, or save MyFitnessPal Content, except as expressly permitted by the functionality of certain Services.

“MyFitnessPal Content” means all Content that is not User-Generated Content.

Qualifications & exceptions

• Exceptions: expressly permitted by applicable law, specifically authorized by MyFitnessPal, or permitted by the functionality of certain Services (for downloading, copying or saving).

Content & IP Rights · Restriction or exception

Personal, non-commercial use only; no collecting Content for competitive analysis or product development

Except for certain products and services provided through MyFitnessPal-branded tools for website owners (for example APIs), called the Commercial Tools, the Services are intended only for personal, non-commercial use. You may not collect, harvest or use Content, data or information made available through the Services for purposes MyFitnessPal has not explicitly authorized, including commercial exploitation, competitive analysis or research and development of your own products or services. You also may not use the Services, other than the Commercial Tools, to sell a product or service, drive traffic to your own or a third-party website for commercial reasons (such as advertising sales), or otherwise try to earn revenue. Commercial use other than through the Commercial Tools requires a separate agreement with MyFitnessPal in advance, and using the Commercial Tools means you also accept the Terms and any additional terms for those services.

Supporting quotations

The Services, with the exception of certain products and services provided through MyFitnessPal branded tools for website owners (e.g., APIs) (collectively, the “Commercial Tools”), are intended only for your personal, non-commercial use.

You may not collect, harvest, or use any Content, data, or information made available via the Services for any purposes not explicitly authorized by us, including but not limited to commercial exploitation, competitive analysis, or research and development of your own products or services.

You shall not use the Services (other than certain Commercial Tools) to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue.

If you seek to make commercial use of the Services other than through the Commercial Tools, you must enter into a separate agreement with us to do so in advance. By using any of the Commercial Tools, you acknowledge and agree to the MyFitnessPal Terms and any additional terms and conditions applicable to those select Services.

Qualifications & exceptions

• Commercial Tools (such as APIs for website owners) are the stated exception.
• Other commercial use requires a separate agreement in advance.
• Use of Commercial Tools is subject to the Terms and any additional terms for those services.

Not stated here

• The additional terms for the Commercial Tools are not part of this text.

Security & Safeguards · Restriction or exception

No interfering with the Services or overloading its infrastructure

You may not perform or attempt actions that would interfere with or damage the proper operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation or abuse of resources; prevent other users from accessing or using the Services; or impose an unreasonable or disproportionately large load on MyFitnessPal's infrastructure.

Supporting quotations

You may not perform or attempt to perform any actions that would (a) interfere with or damage the proper operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources, (b) prevent access to or use of the Services by other users, or (c) impose any unreasonable or disproportionately large load on our infrastructure.

Security & Safeguards · Restriction or exception

No automated scraping, data mining or bypassing access controls

You may not engage in data mining or similar data gathering or extraction, or retrieve data or content from the Services by accessing, monitoring or copying Content or information with automated means, including robots, spiders, crawlers, scrapers, indexing agents or any other automated tools or processes. You may not bypass or attempt to bypass measures MyFitnessPal uses to prevent or restrict access to the website, including CAPTCHA, IP blocking or authentication mechanisms.

Supporting quotations

You may not engage in data mining or similar data gathering or extraction activities or retrieve data or content from the Services by accessing, monitoring, or copying any Content or information using automated means, including but not limited to robots, spiders, crawlers, scrapers, indexing agents, or any other automated tools or processes.

You may not bypass or attempt to bypass any measures we may use to prevent or restrict access to the website, including CAPTCHA, IP blocking, or authentication mechanisms.

Data Access & Collection · Restriction or exception

No harvesting other users' personal information without their consent

You may not harvest or otherwise collect or store personal information about other users of the Services, for example email addresses, without the express consent of those users.

Supporting quotations

You may not harvest or otherwise collect or store personal information about other users of the Services, including, for example only, email addresses, without the express consent of such users.

Qualifications & exceptions

• Exception: the express consent of the users concerned.

Security & Safeguards · Restriction or exception

No uploading viruses, malware or other harmful code

When using the Services you may not post, transmit, input, upload or otherwise provide any information or materials that contain viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware or other harmful computer code or programming routines.

Supporting quotations

When using the Services, you may not post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines.

Sharing & Disclosure · Restriction or exception

Third-party services have their own terms, and you use them at your own risk

The Services may link to, interact with or be available on third-party services or products. If you access them, different terms and privacy policies apply to your use. MyFitnessPal says it is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available by those services, and your access and use is entirely at your own risk. Some third-party services may be mobile apps, retail, health-related or fitness services or devices; you may be asked to log in and sync accounts, you are not obligated to use them, and use is entirely at your own risk. Where a third-party service lets you buy goods or services (for example grocery stores or gyms), MyFitnessPal says it has no control over and is not responsible for those purchases.

Supporting quotations

Our Services may link to, interact with or be available on third-party services or products (“Third Party Services”). If you access such Third Party Services, be aware that different terms and privacy policies apply to your usage of such services.

We are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third Party Services and your access and use of such Third Party Services is entirely at your own risk.

If you choose to access these Third Party Services, you may be requested to log-in and sync your accounts with applications. You are in no way obligated to use any Third Party Services and your access and use of such applications is entirely at your own risk.

In the case of Third Party Services that may allow you to purchase goods and services (e.g., grocery stores, gyms, etc.), please note that MyFitnessPal has no control over and is not responsible for any such purchases.

Qualifications & exceptions

• Different terms and privacy policies apply to third-party services.
• Purchases made through third-party services are outside MyFitnessPal's control and responsibility as stated.

Not stated here

• The terms and privacy policies of the third-party services are not part of this text, so what data they collect or receive is not described here.

Data Access & Collection · Company practice

Logging in through a social network gives MyFitnessPal access to information you provided to it

You may choose to log in to the Services through online third-party services such as social networking services (the text gives Facebook as an example). To use these features MyFitnessPal may ask you to authenticate, register for or log in to the social network on its provider's website. As part of the integration the social network provides MyFitnessPal with access to certain information you have provided to it, and MyFitnessPal says it will use, store and disclose that information in accordance with its Privacy Policy.

Supporting quotations

You may choose to log in to the Services via various online Third Party Services, such as social networking services (e.g. Facebook) (“Social Networking Services”).

As part of this integration, the Social Networking Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy.

Qualifications & exceptions

• Applies when you choose to log in through a Social Networking Service.
• The text says 'certain information' without listing which.

Not stated here

• Which information the social network provides is not listed here, and the Privacy Policy that governs MyFitnessPal's use, storage and disclosure is not part of this text.

Charges & Financial Obligations · Restriction or exception

The App needs a compatible device and carrier charges still apply

To use the App you need a compatible device. MyFitnessPal cannot guarantee that the App will be compatible with or available on your device. Your phone company's normal messaging, data and other rates and fees apply.

Supporting quotations

To use or access our App, you will need a compatible device. We cannot guarantee the App will be compatible with, or available on, your device. Your phone company’s normal messaging, data, and other rates and fees will apply.

Legal Rights & Agreement Rules · Context

The agreement is with MyFitnessPal, not the app store, which is a third-party beneficiary of the App license

The App may be made available on Google Play or the Apple App Store (the App Provider). These Terms are an agreement between you and MyFitnessPal, not with the App Provider, and as between MyFitnessPal and the App Provider, MyFitnessPal is solely responsible for its App. Your use of the App must comply with any applicable terms and conditions of the App Provider. The App Provider has no obligation to provide maintenance and support or any warranty obligations. The App Provider and its subsidiaries are third-party beneficiaries of the MyFitnessPal Terms as they relate to your license to the App.

Supporting quotations

Our App may be made available to you on the Google Play or Apple App Store (the “App Provider”). These Terms are an agreement between you and MyFitnessPal, and not with the App Provider. As between MyFitnessPal and the App Provider, MyFitnessPal is solely responsible for its App.

Your use of the App must comply with any applicable terms and conditions provided by App Provider. App Provider has no obligation to provide any maintenance and support services or have any warranty obligations.

The App Provider and its subsidiaries are third-party beneficiaries of these MyFitnessPal Terms as it relates to your license to the App.

Qualifications & exceptions

• The App Provider's third-party beneficiary status is limited to the terms as they relate to your license to the App.

Legal Rights & Agreement Rules · Procedure

How to send a copyright or trademark infringement notice

If you believe User-Generated Content or MyFitnessPal Content infringes copyright or trademark under U.S. or other national law, you can notify MyFitnessPal, which says it investigates allegations brought to its attention. Following the U.S. Digital Millennium Copyright Act, a notice should identify the copyrighted work or a representative list of works, identify the allegedly infringing material and its location in enough detail to find it, give the notifying party's name, address, telephone number and, if available, email address, state a good-faith belief that the use is not authorized by the owner, its agent or the law, state that the notice is accurate and that the notifying party owns or is authorized to act for the owner of the exclusive right, and carry a physical or electronic signature. The notice must be signed and addressed to MyFitnessPal, Inc., 100 Congress Avenue, Suite 400, Austin, TX 78701, Attn: DMCA Requests. Some information in a notice may be forwarded to the user who posted the allegedly infringing content.

Supporting quotations

If you believe User-Generated Content or MyFitnessPal Content infringes copyright or trademark under U.S. or other national law, please notify us. We investigate any allegations of infringement brought to our attention.

Pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), please provide us with the following information in your notice of a suspected violation:

Identification of the material being infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.

Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and, if available, email address.

A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.

A statement that the information provided in the notice is accurate and that the Notifying Party is the copyright owner or authorized to make the complaint on behalf of the owner of an exclusive right that is allegedly infringed.

A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the material that has been allegedly infringed.

Your notice must be signed (physically or electronically) and must be addressed as follows:

MyFitnessPal, Inc. 100 Congress Avenue, Suite 400 Austin, TX 78701 Attn: DMCA Requests

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content.

The preceding information is provided for notifying us that your copyrighted material may have been infringed.

Qualifications & exceptions

• Elements follow 17 U.S.C. § 512(c)(3) as cited in the text.
• Some information in a notice may be forwarded to the user who posted the content.
• The text says a notice that fails the requirements may not be valid.

Not stated here

• The text does not say what MyFitnessPal does after receiving a valid notice beyond investigating, or how a user can respond.

Legal Rights & Agreement Rules · Restriction or exception

An incomplete copyright notice may be invalid; false claims can create liability

If a copyright notice does not meet all the listed requirements it may not be valid. Some information in a notice may be forwarded to the user who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA, anyone who knowingly and materially misrepresents that material or activity is infringing may be subject to liability. The text points to copyright.gov and uspto.gov/trademark for more information on preparing or responding to a notice and on trademark rights.

Supporting quotations

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content.

In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please see https://www.copyright.gov for more information about how to prepare or respond to a DMCA notice and/or https://www.uspto.gov/trademark for more information about trademark rights.

Qualifications & exceptions

• Section 512(f) liability is described for U.S. notices where someone knowingly and materially misrepresents infringement.
• Section 512(f) is an external legal citation; the cited law's text is not part of this document.

Not stated here

• The text of the DMCA and the linked government sites are not supplied here, so the card cannot describe what they provide.

Legal Rights & Agreement Rules · Restriction or exception

The Services are provided 'as is' with warranties disclaimed

Except where prohibited by law, MyFitnessPal expressly disclaims all warranties, representations and guarantees of any kind, oral or written, express, implied or statutory, including implied warranties of merchantability, accuracy, quality, title, validity, fitness for a particular purpose and non-infringement. The Services and all Content are provided 'as is' and 'as available'. Because some states and jurisdictions do not allow limits on implied warranties, the disclaimer may not apply to you there; where implied warranties cannot be excluded entirely, they are limited to those required by law, for the shortest duration permitted, and to the maximum extent permitted by law. You may also have other rights that vary from state to state.

Supporting quotations

EXCEPT WHERE PROHIBITED BY LAW, MYFITNESSPAL EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

Qualifications & exceptions

• Applies except where prohibited by law.
• Some states and jurisdictions do not allow limits on implied warranties, so the disclaimer may not apply to you.
• Where implied warranties cannot be excluded, they are limited to those required by law for the shortest duration permitted.

Legal Rights & Agreement Rules · Restriction or exception

No warranty on quality, results, uptime or error correction; the risk is yours

To the maximum extent permitted by law, MyFitnessPal makes no warranty about the quality, accuracy, timeliness, truthfulness, completeness, availability or reliability of the Services or any Content. It does not warrant that the Services will meet your requirements or give specific results, that they will run uninterrupted or be free of viruses, errors or other harmful elements, or that errors will be corrected. Oral or written advice from its agents does not create a warranty, and no warranty arises from advice or information from other users or through the Services. User-Generated Content is provided by and is solely the responsibility of the users who provide it. You acknowledge that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

Supporting quotations

Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content.

To the maximum extent permitted by applicable law, we do not warrant that (a) the Services will meet your requirements or provide specific results, (b) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (c) errors will be corrected.

No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

“User-Generated Content” means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted.

Qualifications & exceptions

• Each disclaimer applies to the maximum extent permitted by applicable law.

Security & Safeguards · Restriction or exception

Downloaded material is at your own discretion and risk

Any material downloaded or otherwise obtained through the Services is at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from downloading such material.

Supporting quotations

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Legal Rights & Agreement Rules · Restriction or exception

MyFitnessPal excludes liability for indirect and other losses, including third-party content

To the maximum extent permitted by law, MyFitnessPal says it is not liable to you or any third party for indirect, incidental, special, reliance, exemplary, punitive or consequential damages; loss of profits, revenue, data, use, goodwill or other intangible losses; damages relating to your access to, use of or inability to use the Services; damages relating to any conduct or content of a third party or user, including defamatory, offensive or illegal conduct or content; or damages relating to third-party content or services accessed through the Services. The limitation applies to claims based on warranty, contract, tort or any other legal theory, whether or not MyFitnessPal was told of the possibility of damage, and even if a remedy fails its essential purpose.

Supporting quotations

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MYFITNESSPAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY THIRD PARTY CONTENT OR THIRD PARTY SERVICES ACCESSED OR USED VIA THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MYFITNESSPAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Qualifications & exceptions

• Applies to the maximum extent permitted by applicable law.
• Some states and jurisdictions do not allow limits or exclusions of liability, so the exclusions may not apply to you.

Charges & Financial Obligations · Restriction or exception

Total liability is capped at the greater of $500 or what you paid in the past 12 months

Except as otherwise provided in the Terms, and to the maximum extent permitted by law, MyFitnessPal's total liability for any claim under the Terms, including for implied warranties, is limited to the greater of US $500 or the amount you paid MyFitnessPal to use the applicable service(s) in the past twelve months. In jurisdictions that do not allow the limitation or exclusion of liability, MyFitnessPal's liability is limited to the maximum extent permitted by law.

Supporting quotations

EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MYFITNESSPAL, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIVE HUNDRED DOLLARS (US $500.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S) IN THE PAST TWELVE MONTHS.

IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Qualifications & exceptions

• The cap applies 'except as otherwise provided herein' and to the maximum extent permitted by law.
• The 12-month amount is what you paid for the applicable service(s).
• In jurisdictions that do not allow the limitation, liability is limited to the maximum extent permitted by law.

Legal Rights & Agreement Rules · Context

You agree the disclaimers and liability limits are a fair basis for the pricing and the Services

To the extent permitted by law, you acknowledge and agree that MyFitnessPal offers the Services and sets their prices in reliance on the warranty disclaimers, releases and limitations of liability in the Terms, that these reflect a reasonable and fair allocation of risk and form an essential basis of the bargain, and that MyFitnessPal could not provide the Services on an economically reasonable basis without them.

Supporting quotations

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us.

Qualifications & exceptions

• Applies to the extent permitted by applicable law.

Cross-references

• related (model-proposed): Total liability is capped at the greater of $500 or what you paid in the past 12 months — references: The basis-of-the-bargain acknowledgment covers the warranty disclaimers and liability limits, including the cap.

Legal Rights & Agreement Rules · Restriction or exception

You must indemnify MyFitnessPal for third-party claims tied to your content, use or violations

To the maximum extent permitted by law, you agree to indemnify and hold MyFitnessPal harmless from liabilities, claims, demands, losses or expenses, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of the User-Generated Content you access or share through the Services, your use of the Services, your activities in connection with the Services, your violation of the MyFitnessPal Terms, or your violation of any other person's or entity's rights, including intellectual property, proprietary or privacy rights. MyFitnessPal may assume exclusive defense and control of any matter for which you must indemnify it, and you agree to cooperate. You may not settle any such matter without MyFitnessPal's prior written consent. The indemnification survives termination or expiration of the Terms.

Supporting quotations

To the maximum extent permitted by applicable law, you agree to indemnify and hold MyFitnessPal harmless from any and all liabilities, claims, demands, losses, or expenses, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, (c) your activities in connection with the Services, (d) your violation of the MyFitnessPal Terms, (e) any violation of the rights of any other person or entity by you, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims. You shall not in any event settle any matter without the prior written consent of MyFitnessPal. This indemnification section will survive any termination or expiration of the MyFitnessPal Terms.

“User-Generated Content” means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted.

Qualifications & exceptions

• Applies to the maximum extent permitted by applicable law.
• Covers claims made by third parties, including the content you 'access or share', not only content you post.
• Survives termination or expiration of the Terms.

Legal Rights & Agreement Rules · Context

New York law and controlling U.S. federal law govern the Terms

The MyFitnessPal Terms are governed by and construed under the laws of New York and controlling U.S. federal law as applicable, without regard to conflict-of-law principles.

Supporting quotations

MyFitnessPal Terms shall be governed by and construed in accordance with the laws of the New York and controlling U.S. federal law as applicable, without regard to its conflict of law principles.

Qualifications & exceptions

• The source text reads 'the laws of the New York', as published.

Legal Rights & Agreement Rules · Restriction or exception

Section 12 covers almost any dispute: arbitration, class and jury waivers, and a one-year limit

The Dispute Resolution section warns that it may significantly affect your legal rights, including your right to sue in court and have a jury hear your dispute, and that it contains procedures for mandatory binding arbitration, a class action waiver, a jury trial waiver and a contractual limitations period. It applies to any dispute between you and MyFitnessPal arising out of or relating in any way to the Terms, its products or services, your visit to the site, its advertising or marketing, its privacy and data security practices, and any purchase, transaction, return or other interaction, whether based on contract, tort, warranty, statute, regulation or another legal or equitable basis. The scope expressly includes disputes that arose before this or any prior agreement, disputes that would otherwise be subject to pre-existing class action litigation in which you may be a putative class member, and disputes that arise after the Terms end.

Supporting quotations

PLEASE READ THIS ENTIRE SECTION 12 (“DISPUTE RESOLUTION”) CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR DISPUTES. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A CONTRACTUAL LIMITATIONS PERIOD.

THIS SECTION APPLIES TO ANY DISPUTE BETWEEN YOU AND MYFITNESSPAL (EACH, A “PARTY;” TOGETHER, THE “PARTIES”) ARISING OUT OF OR RELATING IN ANY WAY TO THE MYFITNESSPAL TERMS, OUR PRODUCTS OR SERVICES, YOUR VISIT TO THE SITE, OUR ADVERTISING OR MARKETING, OUR PRIVACY AND DATA SECURITY PRACTICES, AND TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH MYFITNESSPAL, WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS (EACH, A “DISPUTE”), INCLUDING, BUT NOT LIMITED TO:

DISPUTES THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT;

DISPUTES THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND

DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THE MYFITNESSPAL TERMS.

YOU AND MYFITNESSPAL EACH ACKNOWLEDGE THAT THE TERMS IN THIS SECTION 12 ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S DISPUTES.

Qualifications & exceptions

• Scope reaches disputes about privacy and data security practices.
• Scope reaches disputes that arose before this or any prior agreement and disputes that would otherwise be in pre-existing class action litigation.
• Scope continues after the Terms terminate.

Legal Rights & Agreement Rules · User right or choice

Courts remain open for provisional relief, intellectual property and small claims

The Dispute Resolution section does not stop either party from seeking provisional remedies in aid of arbitration (such as orders to stay a court action, compel arbitration or confirm an award) from a court of competent jurisdiction, or from applying to such a court for a temporary restraining order, preliminary injunction or other interim relief as necessary, or from seeking relief in any state or federal court for disputes related to a violation or possible violation of MyFitnessPal's intellectual property rights. Either party may also bring a Dispute in small claims court within the court's jurisdictional and dollar limits. Small claims is reached only by direct filing by you or MyFitnessPal, and a Dispute started in arbitration may not be secondarily sent to small claims court under otherwise applicable rules.

Supporting quotations

Notwithstanding the provisions herein, this Dispute Resolution section will not preclude you or MyFitnessPal from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a court of competent jurisdiction.

Furthermore, this Dispute Resolution section will not preclude you or MyFitnessPal from (a) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (b) seeking relief in any state or federal court for disputes related to a violation or possible violation of MyFitnessPal’s intellectual property rights.

Additionally, notwithstanding the provisions herein, either you or MyFitnessPal may bring a Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply. The route to small claims court shall only be the result of a direct filing by you or MyFitnessPal. As set forth below, a Dispute commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules.

Qualifications & exceptions

• Small claims court is available only by direct filing and within the court's jurisdictional and dollar limits.
• A Dispute that has begun in arbitration may not be redirected to small claims court.

Cross-references

• contrast (model-proposed): After an arbitration is filed you cannot move it to small claims; arbitration information stays confidential — contrast: The section lets either party file in small claims court directly, but a Dispute begun in arbitration cannot later be moved to small claims; the right depends on filing there first.
• narrows (model-proposed): Disputes are resolved by binding individual arbitration under the Federal Arbitration Act — exception_to: Provisional remedies, interim relief, intellectual property relief and small claims can be sought in court despite the arbitration requirement.

Legal Rights & Agreement Rules · Restriction or exception

The Dispute Resolution section survives the end of the Terms

The entire Dispute Resolution section survives termination of the agreement, of the MyFitnessPal Terms, of the parties' relationship, or the end of your use of any Services.

Supporting quotations

THIS ENTIRE DISPUTE RESOLUTION SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, THE MYFITNESSPAL TERMS, THE PARTIES’ RELATIONSHIP, OR THE END OF YOUR USE OF ANY SERVICES.

Legal Rights & Agreement Rules · Procedure

Before arbitration or suit, both sides must try to resolve the dispute informally for at least 60 days

If you have a Dispute with MyFitnessPal, or MyFitnessPal has one with you, you must first try to resolve it informally through good-faith pre-suit and pre-arbitration discussions for no less than sixty days, communicating directly. To start the process, the party sends a written Notice describing the facts and circumstances, the specific relief sought and any supporting documentation. Your Notice must be mailed by certified or registered mail with proof of receipt to MyFitnessPal, Inc., 100 Congress Avenue, Suite 400, Austin, TX 78701, Attn: Legal. MyFitnessPal will send any Notice to you at your last-used billing address or the billing or shipping address in your online profile.

Supporting quotations

If you have a Dispute against MyFitnessPal or if MyFitnessPal has a Dispute against you, you and MyFitnessPal must first attempt to resolve the Dispute informally in order to try to resolve the Dispute faster and reduce costs for both parties. You and MyFitnessPal agree to engage in good faith pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days.

To commence the Informal Dispute Resolution Process, you or MyFitnessPal must send to the other Party a written notice of Dispute (“Notice“) describing the facts and circumstances of the Dispute and the specific relief sought and including any supporting documentation. Your Notice must be mailed via certified or registered mail with proof of receipt to us at:

MyFitnessPal, Inc. 100 Congress Avenue, Suite 400 Austin, TX 78701 Attn: Legal

We will send any Notice to you at your last-used billing address or the billing and/or shipping address in your online profile.

Qualifications & exceptions

• Applies to Disputes in either direction.
• Minimum of sixty days of good-faith discussions.
• Your Notice must go by certified or registered mail with proof of receipt; MyFitnessPal's goes to your last-used billing address or the billing or shipping address in your online profile.

Legal Rights & Agreement Rules · Procedure

The informal process pauses deadlines and must be completed before arbitration or suit

The informal process is meant to let the party that receives a Notice make a fair, fact-based settlement offer if it chooses to. The statute of limitations and any filing-fee deadlines for a Dispute are tolled while the Informal Dispute Resolution Process runs. If MyFitnessPal asks for a telephone conference as part of the process, you agree to participate personally, with your counsel if you have one. Completing the process and the expiration of the sixty-day period is an express condition precedent to serving an Arbitration Demand or otherwise starting a lawsuit (where the Arbitration Agreement does not apply). Any action started in arbitration or court without first exhausting the process is defective and subject to dismissal at the cost of the party found to have started it prematurely. Elsewhere the Terms treat a Dispute as commenced for time-limit purposes when the Notice is sent.

Supporting quotations

The Informal Dispute Resolution Process is intended to allow the party who has received a Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing-fee deadlines for a Dispute shall be tolled for the duration of the Informal Dispute Resolution Process.

Should MyFitnessPal request a telephone conference with you in an effort to resolve your Dispute as part of this process, you agree to personally participate (with your counsel if you are represented).

Completion of the Informal Dispute Resolution Process and expiration of the sixty (60) day period shall be an express condition precedent to either Party serving an Arbitration Demand (defined below) or otherwise initiating a lawsuit (should the Arbitration Agreement below not apply).

You and MyFitnessPal agree that any action commenced in arbitration or court without first exhausting the Informal Dispute Resolution Process shall be defective and subject to dismissal at the cost of the Party found to have prematurely commenced the action.

For purposes of this provision, a Dispute is considered commenced at the time the Notice in the Informal Dispute Resolution section is sent, as defined below.

You and MyFitnessPal agree to engage in good faith pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days.

Qualifications & exceptions

• Tolling covers the statute of limitations and filing-fee deadlines for the duration of the process.
• The condition precedent is the completed process and expiration of the sixty-day period.
• Dismissal costs fall on the party found to have started the action prematurely.

Cross-references

• qualifies (model-proposed): Claims must be started within one year or they are permanently barred — qualifies: Tolling during the informal process and the rule that a Dispute is commenced when the Notice is sent affect when the one-year limit is measured.

Legal Rights & Agreement Rules · Restriction or exception

You give up class, collective and representative actions and jury trials

You and MyFitnessPal agree that dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective or representative action, including joint or consolidated lawsuits or arbitrations of any kind. You also agree not to be a member of any putative or actual class in a class action brought by anyone else against MyFitnessPal and not to seek to become a class representative, and that in any action you start, the relief you seek will be confined to relief on your own behalf. Except as the Terms otherwise provide and to the fullest extent permitted by law, you and MyFitnessPal each waive the right to a jury trial and to litigate disputes in state or federal courts of general jurisdiction. Together these terms are called the Class Action Waiver.

Supporting quotations

YOU AND MYFITNESSPAL AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.

Additionally, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else against MyFitnessPal, nor will you seek to become a class representative. You further agree that in any action you initiate against MyFitnessPal, any relief you seek will be confined to relief on your own behalf.

Except as these Terms otherwise provide and to the fullest extent permitted by law, you and MyFitnessPal acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction.

Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”

Qualifications & exceptions

• Applies to dispute resolution proceedings between you and MyFitnessPal.
• The jury and court-litigation waiver applies except as the Terms otherwise provide and to the fullest extent permitted by law.
• You agree not to be a member of any class in a class action brought by anyone else against MyFitnessPal.

Legal Rights & Agreement Rules · Restriction or exception

Disputes are resolved by binding individual arbitration under the Federal Arbitration Act

You and MyFitnessPal agree that disputes will be resolved through binding individual arbitration rather than in court. To the maximum extent permitted by law, disputes arising out of or related to your use of the Services are resolved by binding arbitration under the Federal Arbitration Act, which governs interpretation and enforcement of the Arbitration Agreement. By agreeing to arbitration, neither side limits any statutory or common-law rights or remedies it would have had in court.

Supporting quotations

You and MyFitnessPal agree that DISPUTES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This requirement, and the related terms that follow, shall be referred to as the “Arbitration Agreement.”

To the maximum extent permitted by applicable law, you and MyFitnessPal agree that any disputes arising out of or related to your use of the Services will be resolved by binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this Arbitration Agreement.

By consenting to arbitration, you and MyFitnessPal do not limit in any way either Party’s statutory or common law rights or potential remedies to which either Party would be entitled were a dispute being heard in a court.

Qualifications & exceptions

• Applies to the maximum extent permitted by applicable law.
• The Terms provide exceptions elsewhere: a 30-day opt-out, court carve-outs and a mass-filing opt-out above 300 disputes.

Legal Rights & Agreement Rules · Procedure

The AAA runs the arbitration and the arbitrator decides whether it applies

Any arbitration is heard and administered by the American Arbitration Association under its Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect on the date the action begins. The AAA rules and demand form are available at adr.org. You and MyFitnessPal give the arbitrator(s) exclusive authority to resolve any dispute about the interpretation, applicability or enforceability of the Terms or the formation of the contract, including whether a dispute about the Terms being void or voidable is arbitrable. The arbitrator decides, under the applicable rules, all issues about filing fees, form of pleadings, procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence and criteria for any Arbitration Demand, Answer and other claims, and issues a reasoned award.

Supporting quotations

Any arbitration shall be heard in and administered by the American Arbitration Association (AAA) and be governed by the AAA Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect on the date such action is commenced.

You and MyFitnessPal empower the arbitrator(s) with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of the MyFitnessPal Terms or the formation of this contract, including the arbitrability of any Dispute that all or any part of the MyFitnessPal Terms are void or voidable.

The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings, procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence, and criteria for any Arbitration Demand, Answer, and other claims. The arbitrator shall issue a reasoned award.

Qualifications & exceptions

• Rules in effect on the date the action is commenced apply.
• The delegation covers interpretation, applicability, enforceability and formation of the Terms, including arbitrability.

Not stated here

• The AAA rules are not part of this text, so what they provide on fees, location or procedure is not described here.

Legal Rights & Agreement Rules · Restriction or exception

After an arbitration is filed you cannot move it to small claims; arbitration information stays confidential

You and MyFitnessPal opt out of Rule 9 of the AAA Consumer Arbitration Rules (Small Claims Option for the Parties) and waive the right to return any Dispute to small claims court at any time after an Arbitration Demand is filed under the AAA rules. Confidential information of either party disclosed during the arbitration, whether in documents or orally, may not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the award, and any permitted court filing of confidential information must be made under seal to the furthest extent permitted by law.

Supporting quotations

You and MyFitnessPal agree to opt out of Rule 9 of the Consumer Arbitration Rules, Small Claims Option for the Parties, and waive the right to return any Dispute to Small Claims Court at any time after the filing of an Arbitration Demand under the applicable AAA rules.

You and MyFitnessPal agree that confidential information of either Party disclosed during the arbitration (whether in documents or orally) shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Qualifications & exceptions

• The small claims waiver applies after an Arbitration Demand is filed; a direct small claims filing before that remains available under the carve-out stated earlier in the section.
• Confidentiality binds both parties' confidential information disclosed during the arbitration.

Legal Rights & Agreement Rules · Procedure

Mass arbitrations follow the AAA's mass-arbitration rules plus extra procedures

If an arbitration falls within the AAA's definition of a Mass Arbitration, you and MyFitnessPal agree to be bound by the AAA's Mass Arbitration Supplementary Rules effective January 15, 2024, as amended afterwards, and the additional procedures in the Special Procedures for Mass Filings section apply, unless the parties jointly agree otherwise.

Supporting quotations

To the extent an arbitration falls within the AAA’s definition of a Mass Arbitration, the Parties agree to be bound by the procedures set forth in the AAA’s Mass Arbitration Supplementary Rules effective on January 15, 2024, as amended thereafter, and that the additional procedures set forth below shall apply, unless the Parties jointly agree otherwise.

Qualifications & exceptions

• Applies only where an arbitration falls within the AAA's definition of a Mass Arbitration.
• The parties can jointly agree otherwise.

Not stated here

• The AAA's definition of Mass Arbitration and the supplementary rules are not part of this text.

Legal Rights & Agreement Rules · Procedure

Mass filings proceed in stages of 30 arbitrations, then mediation

In a Mass Arbitration, each side selects 15 Disputes (30 in total) to go forward first as individual arbitrations, each before a different single arbitrator unless the parties agree otherwise in writing. The remaining Disputes are not filed or treated as filed in arbitration, and no arbitration fees are assessed on them unless and until they are selected. Limitations periods and filing-fee deadlines are tolled from when the informal process begins (if the pre-arbitration Notice meets the requirements) until a Dispute is selected, settled, withdrawn, resolved or opted out of arbitration. After the first set, the parties promptly hold a global mediation of all remaining Disputes with a retired federal or state judge, and MyFitnessPal pays the mediator's fee. If Disputes remain, the same staged process continues with up to 30 individual Disputes at a time (15 chosen by each side) until all are resolved by settlement or arbitration.

Supporting quotations

The Parties shall each select 15 Disputes per side (30 Disputes total) to proceed in individual arbitrations as part of the first stage in a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the Parties agree otherwise in writing.

Any remaining Disputes shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Disputes unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.

Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Informal Dispute Resolution Process are initiated (so long as the pre-arbitration Notice complies with the requirements herein), until a given Dispute is selected to proceed as part of the staged process herein, or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

After this initial set of staged proceedings is completed, the Parties shall promptly engage in a global mediation session of all remaining Disputes with a retired federal or state court judge and MyFitnessPal shall pay the mediator’s fee.

If the remaining Disputes are not resolved at this time, the Parties will continue the same staged process, as set forth in this Special Procedures for Mass Filings section, by arbitrating a maximum of 30 individual Disputes at a time (15 Disputes selected by each Party), until the Parties are able to resolve all of the Disputes, either through settlement or arbitration.

Qualifications & exceptions

• Applies only to arbitrations within the AAA's definition of a Mass Arbitration.
• Tolling depends on the pre-arbitration Notice complying with the stated requirements.
• MyFitnessPal pays the mediator's fee for the global mediation.

Legal Rights & Agreement Rules · User right or choice

With more than 300 mass disputes, either side may choose court instead

Notwithstanding the staged procedures, in Mass Arbitrations consisting of more than 300 Disputes in total, either party may opt out of arbitration and elect to have the Disputes heard in court. A court of competent jurisdiction can enforce the whole Dispute Resolution section and, if necessary, enjoin the mass filing, prosecution or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Dispute and a court finds them unenforceable as to it, the Dispute proceeds in a court of competent jurisdiction consistent with the rest of the Terms.

Supporting quotations

Notwithstanding the provisions herein, in Mass Arbitrations consisting of more than 300 Disputes total, either party may opt out of arbitration and elect to have the Disputes heard in court.

A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees.

If these additional procedures apply to your Dispute, and a court of competent jurisdiction determines that they are not enforceable as to your Dispute, then your Dispute shall proceed in a court of competent jurisdiction consistent with the remainder of the MyFitnessPal Terms.

Qualifications & exceptions

• The opt-out applies only in Mass Arbitrations of more than 300 Disputes in total, and either party may use it.
• A court can enjoin mass filings and the assessment of arbitration fees.

Cross-references

• narrows (model-proposed): Disputes are resolved by binding individual arbitration under the Federal Arbitration Act — exception_to: Either party may elect court for Mass Arbitrations of more than 300 Disputes.

Legal Rights & Agreement Rules · Restriction or exception

Claims must be started within one year or they are permanently barred

To the fullest extent permitted by law, any action arising out of or related to any Dispute must begin within one year after the cause of action accrues, otherwise the action is permanently barred. A Dispute is considered commenced when the Notice in the Informal Dispute Resolution section is sent. If a Dispute is filed in arbitration or court without first giving that Notice, which would be contrary to the Terms, it is deemed commenced when it is filed.

Supporting quotations

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT ACTION IS PERMANENTLY BARRED.

For purposes of this provision, a Dispute is considered commenced at the time the Notice in the Informal Dispute Resolution section is sent, as defined below. To the extent a Dispute is filed in arbitration or court without first providing such notice (which would be contrary to these Terms, as set forth herein), the Dispute is deemed commenced at the time of such filing.

Qualifications & exceptions

• Applies to the fullest extent permitted by applicable law.
• Commencement is the date the Notice is sent, or the date of filing if no Notice was given first.
• Tolling during the informal process is covered by separate terms.

Legal Rights & Agreement Rules · User right or choice

You can opt out of arbitration within 30 days, but only by following the exact steps

You may opt out of the Arbitration Agreement within thirty days of the earlier of the date you first accept the Terms or the date you first agreed to any agreement with MyFitnessPal that contained an arbitration provision. The opt-out notice must be postmarked no later than the deadline and emailed to legal@myfitnesspal.com, must state that you do not agree to the Arbitration Agreement, and must include your name, address, phone number and email address. This is the only way to opt out, and failure to comply strictly with the procedure and deadline makes the notice null and void. If you opt out of arbitration, all other parts of the Arbitration Agreement continue to apply.

Supporting quotations

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS FROM THE EARLIER OF: (1) THE DATE YOU FIRST ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH MYFITNESSPAL THAT CONTAINED AN ARBITRATION PROVISION.

The opt-out notice must be postmarked no later than the applicable deadline and emailed to: legal@myfitnesspal.com. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address.

This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.

Qualifications & exceptions

• Deadline is 30 days from the earlier of first accepting these Terms or first agreeing to an agreement with MyFitnessPal that had an arbitration provision.
• Strict compliance with the procedure and deadline is required.
• Opting out of arbitration leaves the rest of the Arbitration Agreement in effect.

Not stated here

• The text says the notice must be 'postmarked' and 'emailed' but gives only an email address for the opt-out, not a postal address.

Cross-references

• narrows (model-proposed): Disputes are resolved by binding individual arbitration under the Federal Arbitration Act — exception_to: The 30-day opt-out lets you leave the Arbitration Agreement, subject to strict procedure.

Legal Rights & Agreement Rules · Restriction or exception

If the class waiver fails, disputes go to New York courts instead of arbitration

A waiver of one provision is not a waiver of any other or of MyFitnessPal's right to require strict observance of every term. If any provision is found unenforceable or invalid it is severable and the rest stay in force. However, if the Class Action Waiver is found null and void as to an arbitration, the Arbitration Agreement subsection does not apply and the Dispute is subject to the state and federal courts located in New York, New York, and you and MyFitnessPal submit to their personal jurisdiction and venue, not binding arbitration. The Class Action Waiver is the rule that proceedings are individual only and not class, consolidated, collective or representative.

Supporting quotations

The waiver of any provision of the MyFitnessPal Terms shall not be considered a waiver of any other provision or of MyFitnessPal’s right to require strict observance of each of the terms herein. If any provision of the MyFitnessPalTerms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

However, if the Class Action Waiver is found to be null and void as to an arbitration, then the terms of the Arbitration Agreement subsection shall not apply and the Dispute shall be subject to the jurisdiction of the state and federal courts located in New York, New York, and you and we hereby submit to the personal jurisdiction and venue of these courts, NOT by binding arbitration.

YOU AND MYFITNESSPAL AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION

Qualifications & exceptions

• The fallback to court applies where the Class Action Waiver is found null and void as to an arbitration.
• The rest of the Terms stay in force if another provision is severed.

Cross-references

• qualifies (model-proposed): You give up class, collective and representative actions and jury trials — qualifies: If the Class Action Waiver is void as to an arbitration, disputes go to New York courts instead of arbitration.

Legal Rights & Agreement Rules · Restriction or exception

If a dispute is in court, it is still individual with no jury or class

If for any reason a Dispute proceeds in court instead of arbitration, you and MyFitnessPal waive any right to a jury trial, the Dispute proceeds only on an individual, non-class and non-representative basis, and neither of you may be a class representative or class member or take part in any class, representative, consolidated or private attorney general proceeding.

Supporting quotations

You and MyFitnessPal agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and MyFitnessPal waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor MyFitnessPal may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

Qualifications & exceptions

• Applies whenever a Dispute proceeds in court rather than arbitration, for any reason.

Use & Processing · Restriction or exception

Users outside the U.S. agree to transfer information to MyFitnessPal and follow local laws

If you are not a United States resident and you access the Services from outside the United States, you agree to transfer certain information outside your location to MyFitnessPal and to follow all laws that apply to you.

Supporting quotations

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your location to us, and that you will follow all the laws that apply to you.

Qualifications & exceptions

• Applies to people who are not U.S. residents and who access the Services from outside the United States.

Not stated here

• The passage does not say which information is transferred.

Legal Rights & Agreement Rules · Restriction or exception

You warrant you are not in an embargoed country or on a U.S. restricted-party list

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a 'terrorist supporting' country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Supporting quotations

You represent and warrant that you are not (a) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties.

Use & Processing · Permission or license

Users outside the U.S. consent to their information being moved to and processed in the U.S.

MyFitnessPal says its servers and operations are located primarily in the United States and its policies and procedures are based primarily on U.S. law. For users located outside the United States, you consent to the transfer, storage and processing of your information, including User-Generated Content and any personal information, to and in the United States and/or other countries, subject to the Privacy Policy.

Supporting quotations

Our servers and operations are, however, located primarily in the United States, and our policies and procedures are based primarily on United States law.

the following provisions apply specifically to users located outside of the United States: (a) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any personal information, to and in the United States and/or other countries, subject to our

“User-Generated Content” means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted.

Qualifications & exceptions

• Applies to users located outside the United States.
• Consent is 'subject to' the Privacy Policy.
• Destination is the United States and/or other countries.

Not stated here

• The Privacy Policy that the transfer is 'subject to' is not part of this saved text, so its safeguards, if any, are not described here.

Legal Rights & Agreement Rules · Restriction or exception

Embargoed users are not authorized; local laws apply; the Services are not meant for places where use would be unlawful

Also for users outside the United States: if you use the Services from a location embargoed by the United States, or you are on the U.S. Treasury Department's 'Specially Designated Nationals' list, you are not authorized to access or use the Services. You agree to comply with all local laws, rules and regulations where you live and where you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction where that would be contrary to law or regulation or would subject MyFitnessPal or its affiliates to a registration requirement there.

Supporting quotations

(b) if you are using the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or make use of the Services; and (c) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services.

The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or that which would subject MyFitnessPal or its affiliates to any registration requirement within such jurisdiction or location.

Legal Rights & Agreement Rules · Restriction or exception

Some provisions survive termination, including content, liability, dispute and indemnity terms

If the relationship or the Terms end, MyFitnessPal's other rights and remedies are not limited, and any provision that must survive to give proper effect to the intent and purpose of the Terms survives, including without limitation Sections 2 (Ownership and Use of Content), 4 (Health and Safety), 5 (Restrictions), 8 (No Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Governing Law), 12 (Dispute Resolution), 14 (Survival) and 15 (Miscellaneous). The list is not exhaustive. The Premium Services, Third Parties, Digital Millennium Copyright Act and International Terms sections are not named in the list, and the text does not say whether they survive.

Supporting quotations

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 4 (Health and Safety), 5 (Restrictions), 8 (No Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Governing Law), 12 (Dispute Resolution), 14 (Survival), and 15 (Miscellaneous).

Qualifications & exceptions

• The list uses 'including without limitation', so other provisions may also survive if needed to give the Terms effect.
• The list refers to sections by number and title; the saved text does not print numbers on the section headings.

Not stated here

• The text does not say whether the Premium Services, Third Parties, DMCA or International Terms sections survive termination.

Cross-references

• related (model-proposed): The Dispute Resolution section survives the end of the Terms — references: The survival clause lists Dispute Resolution among surviving sections, consistent with the section's own survival sentence.

Legal Rights & Agreement Rules · Context

No partnership or agency, and the Terms are the entire agreement

You and MyFitnessPal agree that no joint venture, partnership, employment or agency relationship exists between you as a result of the Terms or your use of the Services. The MyFitnessPal Terms are the entire agreement between you and MyFitnessPal about your use of the Services.

Supporting quotations

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the MyFitnessPal Terms or your use of the Services. The MyFitnessPal Terms constitute the entire agreement between you and us with respect to your use of the Services.

Qualifications & exceptions

• The entire-agreement statement is about your use of the Services.

Legal Rights & Agreement Rules · Restriction or exception

Not enforcing a right is not a waiver; waivers must be written; invalid parts are trimmed

MyFitnessPal's failure to exercise or enforce a right or provision is not a waiver of it. If a court finds a provision invalid, the parties agree the court should try to give effect to their intentions as reflected in it, and the other provisions stay in force. No waiver by either party of any right, obligation, breach or default is a waiver unless set out in writing by the waiving party, and a waiver of one breach or default is not a waiver of any earlier or later one.

Supporting quotations

Our failure to exercise or enforce any right or provision of the MyFitnessPal Terms does not constitute a waiver of such right or provision. If any provision of the MyFitnessPal Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the MyFitnessPal Terms remain in full force and effect.

No waiver by either party of any right, obligation, breach, or default hereunder shall be deemed to be a waiver unless set forth in writing by such waiving party. No waiver of any right, obligation, breach, or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Legal Rights & Agreement Rules · Restriction or exception

You cannot transfer your account; MyFitnessPal can transfer its rights and use contractors

You may not assign, delegate or otherwise transfer your account or your obligations under the MyFitnessPal Terms without MyFitnessPal's prior written consent. MyFitnessPal may, in its sole discretion, transfer or assign all or part of its rights under the Terms, and may delegate or use third-party contractors to fulfill its duties and obligations under the Terms and in connection with the Services.

Supporting quotations

You may not assign, delegate, or otherwise transfer your account or your obligations under these MyFitnessPal Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these MyFitnessPal Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these MyFitnessPal Terms and in connection with the Services.

Qualifications & exceptions

• Your transfer needs MyFitnessPal's prior written consent; MyFitnessPal's transfer of its rights is in its sole discretion.

Account & Service Control · Procedure

Notices can arrive by email, mail or links in the Services, with deemed receipt times

MyFitnessPal's notice to you by email, regular mail, or notices or links displayed in connection with the Services is acceptable notice under the Terms. It is not responsible if you do not receive notice because email is quarantined by your email security (such as a junk or spam folder) or because you did not update your email address. Notice by email or regular mail is considered received forty-eight hours after it is sent. Notice by links displayed in connection with the Services is considered received twenty-four hours after it is first displayed.

Supporting quotations

Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the MyFitnessPal Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.

Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

Qualifications & exceptions

• Deemed receipt is 48 hours after sending for email or regular mail, and 24 hours after first display for links in the Services.

Legal Rights & Agreement Rules · Context

Section headings do not define or explain any provision

Any heading, caption or section title in the MyFitnessPal Terms is inserted only for convenience and in no way defines or explains any section or provision.

Supporting quotations

Any heading, caption or section title contained in the MyFitnessPal Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Account & Service Control · Procedure

How to contact MyFitnessPal about the Services

For feedback, questions or comments about the Services, contact the Support Team through the linked contact page, by email, or by mail to MyFitnessPal, Inc., 100 Congress Avenue, Suite 400, Austin, TX 78701, with the subject 'Attn: -MyFitnessPal Terms of Service'. Include your full name, email address, postal address and message.

Supporting quotations

If you have any feedback, questions or comments about the Services, please contact our Support Team as detailed here by email or by mail at: MyFitnessPal, Inc., 100 Congress Avenue, Suite 400, Austin, TX 78701, and include the subject as “Attn: –MyFitnessPal Terms of Service”. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.