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Terms of Service

Last Updated: April 14, 2026

1. ACCEPTANCE OF TERMS

By accessing or using THE CELL app, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the app.

IMPORTANT: You must be at least 13 years old to use THE CELL. By using this app, you represent that you are at least 13 years of age. If you are under 18, you represent that you have your parent or guardian's permission to use the app.

2. DESCRIPTION OF SERVICE

THE CELL is a fitness and wellness tracking application that provides:

  • Personalized workout plans
  • Nutrition tracking and meal planning
  • Progress tracking and analytics
  • Health and wellness monitoring
  • AI-powered workout generation and supplement recommendations
  • Access to The Commissary — a separate online store for related products, operated under Shopify. Purchases through The Commissary are governed by Shopify's terms and our separate commerce terms.

3. USER ACCOUNTS

3.1 Registration

You must create an account to use THE CELL. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us of any unauthorized access

3.2 Account Responsibility

You are responsible for all activities under your account.

4. USER CONDUCT

You agree NOT to:

  • Use the app for any illegal purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with the app's operation
  • Upload malicious code or content
  • Harass or harm other users
  • Violate any applicable laws or regulations

5. CONTENT AND INTELLECTUAL PROPERTY

5.1 Your Content

You retain ownership of content you create in the app (meals, workouts, notes). By using the app, you grant us a license to store and process this content to provide the service.

5.2 Our Content

All app features, design, code, and content are owned by Libertas Labs LLC and protected by copyright and intellectual property laws.

6. HEALTH AND FITNESS DISCLAIMER

THE CELL provides general fitness and wellness information. We are NOT a substitute for professional medical advice.

  • Consult a healthcare provider before starting any fitness program
  • We are not liable for any injuries or health issues
  • Use the app at your own risk
  • Stop exercising if you experience pain or discomfort

6.1 ASSUMPTION OF RISK

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PHYSICAL EXERCISE, DIETARY CHANGES, FASTING, SUPPLEMENT USE, AND SIMILAR ACTIVITIES INVOLVE INHERENT RISK OF INJURY, ILLNESS, OR DEATH. By using THE CELL, you voluntarily assume all risks of such activities. This includes, but is not limited to:

  • Muscle strain, sprains, fractures, or other physical injuries
  • Cardiovascular events during intense exercise
  • Allergic reactions to foods, supplements, or ingredients
  • Mental health effects from tracking, gamification, or social features
  • Any adverse outcomes from following AI-generated plans

You represent that you are in good physical condition and have no medical reason not to participate in these activities. If you have any doubts, you must consult a licensed healthcare provider before using the app.

YOU RELEASE AND WAIVE ALL CLAIMS against Libertas Labs LLC, its officers, members, employees, and agents arising from your use of the app, to the fullest extent permitted by law.

7. DATA AND PRIVACY

Your use of THE CELL is also governed by our Privacy Policy. Please review it to understand how we collect and use your data.

8. SUBSCRIPTION AND PAYMENTS

8.1 Free and Premium Features

THE CELL offers both free and premium features. Premium features require a subscription.

8.2 Billing

  • Subscriptions are billed in advance through Apple App Store or Google Play
  • Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before renewal
  • Your payment method will be charged automatically upon renewal
  • Prices may vary by region and are subject to change with notice

8.3 Cancellation

You may cancel your subscription at any time:

  • iOS: Settings > [Your Apple ID] > Subscriptions > THE CELL
  • Android: Play Store > Account > Payments & subscriptions > Subscriptions > THE CELL

Cancellation takes effect at the end of the current billing period. You retain access to premium features until then. We cannot process cancellations directly — they must be managed through the store that processed your purchase.

8.4 Refunds

Refund requests are handled by Apple and Google per their respective policies:

  • Apple: Visit reportaproblem.apple.com
  • Google Play: Visit play.google.com/store/account

We do not issue refunds directly for store-purchased subscriptions. We may issue refunds or credits in exceptional circumstances at our discretion.

9. TERMINATION

We reserve the right to:

  • Suspend or terminate your account for violations
  • Discontinue the service at any time
  • Modify features and pricing

You may terminate your account at any time through account settings.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1 NO WARRANTIES

THE CELL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION

10.2 NO LIABILITY FOR CERTAIN DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIBERTAS LABS LLC AND ITS AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Injuries, illness, or death from using the app
  • Data loss, corruption, or service interruptions
  • Indirect, incidental, special, consequential, exemplary, or punitive damages
  • Loss of profits, revenue, data, or use
  • Third-party content, services, or links
  • AI-generated recommendations or their outcomes
  • Nutrition data inaccuracies from third-party sources

This applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

10.3 LIABILITY CAP

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100), OR (B) THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This cap applies to all claims in the aggregate, not per claim.

10.4 NO GUARANTEE OF RESULTS

We make no representations or warranties regarding fitness, weight loss, strength, mental health, financial, learning, or any other outcomes. Individual results vary based on genetics, effort, diet, and many factors outside our control.

10.5 NUTRITION DATA DISCLAIMER

Nutrition information sourced from OpenFoodFacts, USDA FoodData Central, or user-entered data may be incomplete, outdated, or inaccurate. Always verify nutritional content with the product manufacturer for allergies, medical conditions, or dietary restrictions.

10.6 AI-GENERATED CONTENT

Workout plans, supplement recommendations, mentor messages, and other AI-generated content are provided for informational purposes only. They do not constitute medical, legal, financial, or professional advice. Consult a licensed professional before acting on any AI-generated suggestion. We are not responsible for outcomes of following AI-generated content.

10.7 JURISDICTIONS THAT DO NOT ALLOW LIMITATIONS

Some jurisdictions do not allow certain limitations of liability or exclusions of implied warranties. In those jurisdictions, our liability is limited to the greatest extent permitted by applicable law. Nothing in these Terms limits any liability that cannot be limited under applicable law (such as liability for gross negligence, willful misconduct, or death/personal injury caused by our negligence in some jurisdictions).

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Libertas Labs LLC and its affiliates, officers, members, employees, and agents from and against any and all claims, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

  • Your use or misuse of the app
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit, post, or share through the app
  • Your interactions with other users

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

12. CHANGES TO TERMS

We may modify these terms at any time. Continued use after changes constitutes acceptance of new terms.

13. GOVERNING LAW

These terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. Libertas Labs LLC is a Wyoming limited liability company.

14. DISPUTE RESOLUTION

14.1 Informal Resolution First

Before filing a claim, you agree to attempt to resolve the dispute informally by contacting support@thecell.app. We will attempt to resolve the dispute within 60 days.

14.2 Binding Arbitration (US Users)

If informal resolution fails, disputes will be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Wyoming. You waive your right to a jury trial and to participate in a class action.

14.3 Arbitration Opt-Out

You may opt out of arbitration by emailing support@thecell.app within 30 days of first accepting these Terms with the subject line "Arbitration Opt-Out." Opt-out does not affect any other provision.

14.4 EU/UK Consumers

EU/UK consumers retain all statutory rights under applicable consumer protection law. Nothing in these Terms limits your rights as a consumer under mandatory law. EU consumers may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

14.5 Small Claims

Either party may bring individual claims in small claims court if the claim qualifies.

15. TIME LIMIT ON CLAIMS

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE, OR IT IS PERMANENTLY BARRED. This provision does not apply where prohibited by applicable law (including for EU/UK consumers, who retain all statutory limitation periods).

16. ATTORNEYS' FEES

If we prevail in any action, arbitration, or proceeding arising from or related to these Terms, we are entitled to recover our reasonable attorneys' fees, expert witness fees, and costs of litigation. This provision does not apply to consumer claims in jurisdictions where such fee-shifting is prohibited by law.

17. FORCE MAJEURE

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, pandemics
  • War, terrorism, civil unrest
  • Government action, sanctions, embargoes
  • Internet or telecommunications failures
  • Third-party service outages (Supabase, Cloudinary, Apple, Google, etc.)
  • Power failures
  • Cyberattacks, DDoS attacks, or security incidents

During such events, our obligations are suspended for the duration of the event.

18. MISCELLANEOUS

18.1 Entire Agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and Libertas Labs LLC.

18.2 Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

18.3 No Waiver

Failure to enforce any right does not waive that right. No waiver is effective unless in writing signed by us.

18.4 Assignment

You may not assign these Terms. We may assign these Terms without notice.

18.5 Headings

Section headings are for reference only and do not affect interpretation.

18.6 Notices

Notices to us must be sent to support@thecell.app. Notices to you may be sent to the email associated with your account or displayed in the app.

19. CONTACT

For questions about these terms:

support@thecell.app

By using THE CELL, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
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