Effective Date: August 28, 2026

These Terms of Service ("Terms") are a legally binding agreement between you and MicAI Software Limited ("MicAI," "we," "our," or "us") governing your access to and use of the NEXFIT mobile application, website, and related services (collectively, the "Services").

Please read these Terms carefully. By downloading, installing, accessing, purchasing, or using the Services, you agree to these Terms and acknowledge our Privacy Notice. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services. By using the Services, you represent and warrant that you meet these requirements.

The Services are not directed to children or minors. You may not create an account for a person under 18 or permit a person under 18 to use your account.

2. Fitness, Nutrition, Health, and Medical Disclaimer

NEXFIT does not provide medical advice, diagnosis, treatment, emergency monitoring, or professional healthcare services.

Nutrition estimates, calorie estimates, training recommendations, strength metrics, heart-rate information, exercise suggestions, equipment identification, recipes, and other outputs are informational tools and automated approximations. They may be incomplete, inaccurate, unsuitable for your circumstances, or affected by incorrect inputs, image quality, device limitations, database limitations, or artificial-intelligence errors.

You should consult a qualified physician, registered dietitian, physical therapist, certified trainer, or other appropriate professional before starting or materially changing an exercise, nutrition, supplementation, or weight-management program, particularly if you have a medical condition, injury, disability, pregnancy, history of disordered eating, or other health concern.

Do not use NEXFIT for an emergency. If you believe you may be experiencing a medical emergency, contact local emergency services immediately.

Physical activity and dietary changes involve inherent risks. You are responsible for evaluating your own condition, surroundings, equipment, technique, and ability. Stop exercising and seek appropriate assistance if you experience pain, dizziness, shortness of breath, loss of consciousness, or another concerning symptom.

3. AI-Powered Features

Certain optional features use Google LLC's Gemini API or another clearly identified third-party artificial intelligence service to process information and generate analyses or suggestions.

Before NEXFIT sends personal information to a third-party AI provider, the app will identify the provider, the categories of information involved, and the purpose of the transfer and will request your explicit permission. Accepting these Terms does not by itself constitute permission for third-party AI data sharing.

Depending on the feature you request, AI processing may involve food names, food or equipment photographs, recipes, cooking instructions, exercise names, sets, repetitions, resistance or weight, session duration, workout history, fitness goals, body metrics, heart rate, calorie-expenditure data, and related nutrition or fitness information. Additional details are provided in the Privacy Notice and in the in-app consent screen.

You may decline or withdraw AI permission. If you do, AI features that require third-party processing will be unavailable, but unrelated manual and non-AI functionality will remain available.

AI-generated content is probabilistic and may be incorrect, incomplete, outdated, unsafe, or inappropriate for you. You must independently evaluate AI outputs before relying on them. AI outputs are not medical advice and are not a substitute for professional judgment. MicAI does not guarantee that an AI response will be accurate, unique, complete, or suitable for a particular goal.

4. Account Registration and Security

Some features require an account. You agree to provide accurate and current information and to keep it updated. You are responsible for maintaining the security of your device, account, and login method and for all activity conducted through your account, except to the extent caused by MicAI's failure to use reasonable security measures.

You may use Sign in with Apple, Google Sign-In, or another supported authentication method. Your use of a third-party login service is also governed by that provider's terms.

Notify us promptly at support@mic-ai.com if you suspect unauthorized access, loss of credentials, or another security incident involving your account.

5. License to Use the Services

Subject to these Terms, MicAI grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the Services on devices you own or control solely for your personal, non-commercial use.

You may not:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Services except where applicable law expressly permits;

• Reverse engineer, decompile, or attempt to discover source code, models, prompts, algorithms, or non-public technical mechanisms, except where applicable law prohibits this restriction;

• Circumvent access controls, subscription checks, usage limits, or security features;

• Scrape, harvest, or systematically extract content or data from the Services;

• Use the Services to develop, train, benchmark, or improve a competing product or model without our written permission;

• Introduce malware, interfere with operation, probe vulnerabilities, or gain unauthorized access;

• Use automated means to create accounts or submit excessive requests;

• Misrepresent your identity or impersonate another person; or

• Use the Services in violation of law or the rights of another person.

6. Subscriptions, Trials, Billing, and Cancellation

NEXFIT may offer free features and paid subscriptions or other in-app purchases. Available plans, prices, billing periods, features, and any trial terms are displayed before purchase.

Purchases made through the Apple App Store or Google Play are processed by the applicable storefront, not directly by MicAI. The storefront's payment, billing, tax, cancellation, and refund rules apply. MicAI does not receive or store your full payment-card number for those purchases.

Unless otherwise stated at purchase, a subscription automatically renews for the same billing period until canceled. The applicable storefront will charge the payment method associated with your account at the price shown at purchase or as later changed with notice required by the storefront and applicable law.

You may cancel through the subscription-management settings of the storefront where you purchased the subscription. Cancellation ordinarily takes effect at the end of the then-current paid period. Uninstalling NEXFIT or deleting your NEXFIT account does not cancel a subscription.

Refunds are administered by the applicable storefront and are available only as required by its policies or applicable law. If a trial is offered, eligibility and conversion terms will be disclosed before enrollment.

7. User Content and Limited Permission to Process It

"User Content" means information or content you submit, upload, create, save, synchronize, or transmit through the Services, including photographs, recipes, text, nutrition logs, workout records, feedback, and other personal entries.

As between you and MicAI, you retain ownership of your User Content. You grant MicAI a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, format, and process User Content only as reasonably necessary to:

• Provide a feature you request;

• Store and synchronize your records;

• Maintain, secure, troubleshoot, and support the Services;

• Comply with law and enforce these Terms; and

• Use service providers identified in the Privacy Notice for those limited purposes.

This license permits MicAI to provide User Content to disclosed service providers only to the extent necessary for an authorized purpose. It does not authorize MicAI to sell your User Content or use identifiable health records or personal photographs to train a general-purpose AI model without separate, explicit consent.

The license ends when the relevant User Content is deleted from active systems, except to the limited extent that retention is required for security, legal compliance, dispute resolution, or backup rotation as described in the Privacy Notice.

You represent that you have the rights and permissions necessary to submit User Content and that doing so does not violate law or another person's privacy, publicity, intellectual-property, or contractual rights. Do not upload another person's health information or photograph without that person's authorization.

8. Prohibited Content and Conduct

You may not submit or use the Services to create or distribute content that:

• Is unlawful, fraudulent, threatening, harassing, discriminatory, defamatory, or intentionally harmful;

• Exploits or endangers a minor;

• Infringes intellectual-property, privacy, publicity, or other rights;

• Contains malware, malicious code, or instructions intended to compromise a system;

• Promotes an eating disorder, self-harm, dangerous exercise, or conduct likely to cause physical injury;

• Attempts to obtain medical diagnosis, treatment, or emergency services from NEXFIT; or

• Violates these Terms or applicable third-party terms.

We may investigate suspected violations and remove content, restrict features, suspend an account, or notify appropriate authorities where reasonably necessary and permitted by law.

9. Third-Party Services

The Services may interact with third-party products, including Apple HealthKit, Google Health Connect, Google Firebase, the Google Gemini API, Sign in with Apple, Google Sign-In, the Apple App Store, Google Play, and external websites.

Third-party services are governed by their own terms and privacy notices. MicAI is not responsible for a third party's independent products or conduct. However, when a third party processes personal information on MicAI's behalf, our handling of that information is described in the Privacy Notice.

You are responsible for complying with applicable third-party terms, including gym or equipment instructions and health-platform terms. Third-party availability may change, and a feature may become unavailable if a provider modifies or discontinues its service.

10. Intellectual Property

Except for User Content, the Services and all associated software, designs, text, graphics, trademarks, logos, interfaces, algorithms, databases, compilations, and other materials are owned by MicAI or its licensors and are protected by intellectual-property laws.

"NEXFIT," MicAI names and logos, and related branding may not be used without prior written permission. No rights are granted except the limited license expressly stated in these Terms.

If you provide suggestions or general feedback that does not contain personal information, you grant MicAI a perpetual, worldwide, royalty-free right to use it without restriction or compensation. Personal information included in feedback remains governed by the Privacy Notice.

11. Service Changes, Availability, and Updates

We may modify, add, remove, suspend, or discontinue features to maintain security, comply with law, respond to provider changes, or improve the Services. We do not guarantee that every feature will always be available in every country, device, operating system, or subscription plan.

We may require software updates for security or compatibility. You are responsible for maintaining a compatible device, supported operating system, and internet connection.

Material changes affecting an active paid subscription will be handled in accordance with applicable law and storefront requirements.

12. Account Deletion, Suspension, and Termination

You may initiate account deletion through Settings > Account > Delete Account. The Privacy Notice describes the deletion process and limited retention exceptions. Deleting your account does not cancel a storefront subscription.

You may stop using the Services at any time. We may suspend or terminate access if we reasonably believe that you have materially violated these Terms, created a security or safety risk, failed to pay applicable charges, or used the Services unlawfully. Where appropriate, we will provide notice and an opportunity to address the issue.

Upon termination, the license granted to you ends. Provisions that by their nature should survive—including ownership, payment obligations, disclaimers, limitations of liability, dispute provisions, and lawful retention rights—will survive.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MICAI DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS.

MICAI DOES NOT WARRANT THAT THE SERVICES, DATA, ESTIMATES, DATABASE CONTENT, AI OUTPUTS, RECOMMENDATIONS, OR THIRD-PARTY INTEGRATIONS WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, SECURE, OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION CREATES A WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS.

Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you. Nothing in these Terms limits a non-waivable consumer right.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICAI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR FITNESS PROGRESS, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICAI'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US$100.

These exclusions and limits do not apply to liability that cannot lawfully be excluded or limited, including liability for fraud, willful misconduct, or personal injury caused by negligence where applicable law prohibits limitation.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless MicAI and its officers, directors, employees, and affiliates from third-party claims, damages, and reasonable costs arising from your unlawful use of the Services, your material violation of these Terms, or User Content that infringes another person's rights. This obligation does not apply to the extent a claim results from MicAI's own unlawful conduct, negligence, or willful misconduct.

16. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which MicAI Software Limited is incorporated, without regard to conflict-of-law principles, except to the extent the mandatory consumer laws of your place of residence apply.

Before filing a formal claim, you and MicAI agree to attempt in good faith to resolve the dispute by written notice. You may send notice to support@mic-ai.com. The notice should describe the dispute and requested resolution. If the dispute is not resolved within 30 days, either party may pursue available remedies in a court or forum with lawful jurisdiction.

Nothing in these Terms prevents either party from seeking urgent injunctive relief or using an eligible small-claims process. Nothing in these Terms waives rights that cannot be waived under applicable law.

17. Additional Terms for Apple Users

If you download or use NEXFIT on an Apple-branded product:

• These Terms are between you and MicAI, not Apple. MicAI, not Apple, is responsible for NEXFIT and its content;

• Your license is limited to a non-transferable right to use NEXFIT on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and applicable Family Sharing or volume-purchase rules;

• Apple has no obligation to provide maintenance or support for NEXFIT;

• If NEXFIT fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation;

• MicAI, not Apple, is responsible for addressing claims relating to NEXFIT, including product-liability, legal-compliance, and consumer-protection claims;

• MicAI, not Apple, is responsible for investigating, defending, settling, and resolving claims that NEXFIT infringes third-party intellectual-property rights;

• You represent that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism and that you are not listed on a U.S. Government prohibited or restricted-party list;

• You must comply with applicable third-party terms when using NEXFIT; and

• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce this section against you.

18. Changes to These Terms

We may update these Terms to reflect changes to the Services, law, security needs, or business practices. We will update the Effective Date and provide reasonable notice of material changes. Where required by law, we will request your agreement before materially revised Terms take effect.

If you do not agree to revised Terms, you must stop using the Services and may delete your account. Continued use after revised Terms become effective constitutes acceptance where permitted by law.

19. General Terms

These Terms and the Privacy Notice constitute the entire agreement between you and MicAI concerning the Services, except for additional terms presented for a specific feature or transaction.

If a provision is found unenforceable, it will be enforced to the maximum permissible extent and the remaining provisions will remain in effect. MicAI's failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. MicAI may assign them in connection with a merger, reorganization, acquisition, or sale of assets, subject to applicable law.

Headings are for convenience only. The English version controls to the extent permitted by law if a translated version conflicts with it.

20. Contact Us

For questions about these Terms or the Services, contact:

MicAI Software Limited
Email: support@mic-ai.com
Website: https://www.mic-ai.com