MesoMetric LLC
End User License Agreement and Terms of Service

Version 1.0

Privacy Policy SMS Messaging Terms Support Contact

Important: Please Read Carefully

By downloading, installing, accessing, or using the MesoMetric mobile application, you agree to this End User License Agreement and Terms of Service (the “Agreement”). If you do not agree, do not download, install, access, or use the App.

This Agreement is between you and MesoMetric LLC, a Georgia limited liability company (“MesoMetric,” “we,” “us,” or “our”).

Questions, complaints, or claims may be directed to MesoMetric LLC, 8735 Dunwoody Place, #11239, Atlanta, Georgia 30350; telephone 1-866-637-6348; email support@mesometricapp.com.

1. Scope and Acceptance

This Agreement governs your download, installation, access to, and use of the MesoMetric mobile application (the “App”), together with related support and legal materials made available by MesoMetric.

The App is licensed, not sold. Access to the complete App is obtained through a one-time app-store purchase. The purchase gives you a store-recognized entitlement and the right to use the App under this Agreement; it does not transfer ownership of the App, source code, brand, or other MesoMetric intellectual property.

The MesoMetric Privacy Policy is incorporated into this Agreement by reference. If you use MesoMetric’s SMS support program, the MesoMetric SMS Messaging Terms also apply to those communications.

2. Eligibility

You must be at least thirteen (13) years old to use the App. If you have not reached the age of legal majority where you live, you may use the App only with permission from a parent or legal guardian where such permission is required. By permitting use, the parent or legal guardian agrees to this Agreement on the minor user’s behalf to the extent permitted by applicable law.

You may not use the App if applicable law prohibits you from doing so. The App is not directed to children under 13.

3. Digital Training Notebook; No Advice or Professional Relationship

MesoMetric is a digital training notebook, logger, calculator, and record-display instrument. The App records, organizes, calculates, and displays information entered or selected by the user. It performs calculations and presents factual summaries derived from the user’s records.

Those outputs describe recorded information. The App does not interpret the records into coaching, advice, prescriptions, recommendations, or decisions.

The App is not a coach, trainer, healthcare provider, nutrition professional, or other professional service. It does not provide medical advice, diagnosis, treatment, individualized nutrition advice, prescriptions, recommendations, or autonomous coaching or decision-making.

Training, exercise, bodybuilding, nutrition, and related physical activity can involve risk of injury, illness, disability, or death. You are solely responsible for your decisions, technique, equipment, environment, health, nutrition, and safety. Consult appropriate qualified professionals before beginning or materially changing an exercise, nutrition, or health program.

4. License Grant and Permitted Use

Subject to your compliance with this Agreement, MesoMetric grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the App on devices that you own or control, as permitted by applicable app-store usage rules. The license remains effective unless terminated under Section 15 or as otherwise required by applicable law or app-store entitlement rules.

You may use the App for your own training and record-keeping and may share user-selected records with a coach, trainer, healthcare professional, nutrition professional, or another person whom you authorize. A recipient may review records that you lawfully provide. This permission does not authorize resale, redistribution, white-labeling, sublicensing, or commercial exploitation of the App itself.

Use through Family Sharing, volume purchasing, or a similar store-authorized arrangement is permitted only where enabled and allowed by the applicable app store.

5. User Content and Local-First Responsibility

You retain ownership of records, photos, notes, and other content that you create or lawfully provide through the App (“User Content”). MesoMetric does not acquire ownership of User Content.

User Content is stored in app-controlled local storage on your device unless you direct an export, share, backup, restore-related action, or support submission. MesoMetric does not automatically receive a copy of User Content.

The App has no MesoMetric account system and does not operate MesoMetric cloud synchronization for training records.

You authorize the App to process User Content on your device and to carry out actions you direct, including displaying, calculating, importing, exporting, sharing, backing up, or restoring information.

If you voluntarily send User Content or other information to MesoMetric for support, you authorize MesoMetric to use that information as reasonably necessary to respond, troubleshoot, investigate, secure, document, and resolve the communication; prevent abuse; address disputes; and satisfy legal obligations. The Privacy Policy explains the handling, retention, and deletion of support information.

You are responsible for device security and for protecting exports, backups, and copies placed in destinations you select. Restoration may be incomplete. Operating-system, device, and platform backup behavior is outside MesoMetric’s control. MesoMetric generally cannot recover records it never received. Preserve information you wish to retain before reset, uninstall, device loss, or hardware failure.

MesoMetric does not sell personal information, use training information for advertising, or engage in behavioral or cross-app tracking.

6. Permissions, Optional Third-Party Services, and External Destinations

Certain user-directed functions may require device capabilities or permissions, including camera or photo access, local notifications, device-provided file selection, or activity capabilities used during a user-started live session. You may deny or revoke access through device settings, but an affected function may then be unavailable.

Local reminders and timer alerts are scheduled through the device operating system. MesoMetric does not use a MesoMetric server to send those local alerts and does not collect a push-notification token for them.

The App may offer optional, user-initiated access to independent third-party information services. When you request a barcode lookup, the App sends the barcode number and ordinary technical request information needed to service the request to Open Food Facts through an encrypted connection. MesoMetric limits the request to information reasonably necessary for the lookup. The request does not include your training records, meal history, photos, goals, name, email address, or other MesoMetric records.

Third-party services may receive ordinary request information and operate under their own terms and privacy practices. MesoMetric does not control their availability, content, accuracy, completeness, or independent processing. Third-party product or nutrition information may be incomplete or inaccurate, should be reviewed by the user, and is not medical or individualized nutrition advice.

When you export, share, back up, restore, or otherwise direct information to a file, email account, cloud-drive location, application, service, or person, the selected destination may receive and retain that information under its own terms and practices. MesoMetric does not automatically receive a copy.

7. Purchases, Entitlements, and Durable Access

One upfront purchase unlocks the complete App. The App has no subscription, recurring charge, free tier, free trial, paid feature tier, consumable purchase, or separately purchased feature.

Apple or Google, as applicable, processes purchases and may maintain transaction, entitlement, and purchase-restoration information under its own terms. MesoMetric does not receive or store your complete payment-card number, bank-account information, app-store password, or similar payment credentials.

Entitlement recognition and restoration may rely on store-provided information. Refund eligibility and processing are governed by the applicable app store’s rules except where applicable law requires otherwise. MesoMetric support may help identify the appropriate channel but cannot guarantee or override an app-store refund decision.

A compliant purchaser may continue using an installed paid copy without another payment, subject to device compatibility, operating-system changes, app-store entitlement rules, applicable law, and this Agreement. MesoMetric does not guarantee compatibility with every future device or operating-system version.

MesoMetric will not remotely disable a compliant purchaser’s installed copy solely because MesoMetric ends future sales, updates, or general support. This commitment does not limit termination for material breach, unlawful use, loss or invalidation of the applicable store entitlement, or a legal requirement. Device, operating-system, app-store, or third-party changes may affect compatibility or availability without constituting remote disabling by MesoMetric.

8. Intellectual Property and Proprietary Rights

The App and all MesoMetric-owned or licensed materials are protected by copyright, trademark, trade-secret, and other intellectual-property laws. MesoMetric retains all right, title, and interest in and to its software, source and executable code, original interfaces, designs, layouts, trade dress, branding, documentation, original compilations, proprietary workflows, confidential information, and trade secrets.

Nothing in this Agreement transfers ownership of MesoMetric intellectual property to you. No rights are granted except the limited license expressly stated in Section 4.

MesoMetric does not claim ownership of User Content, third-party product information, open-source software governed by its applicable licenses, Apple or Google materials, or other third-party materials.

MESOMETRIC™ and related MesoMetric brand identifiers are used by MesoMetric LLC. No license to use MesoMetric marks is granted except as necessary to identify the App in ordinary, lawful use.

9. Restrictions and Prohibited Conduct

You may not:

Nothing in this Agreement prohibits conduct that cannot lawfully be restricted. The restrictions apply to unauthorized use or exploitation of protected MesoMetric materials and do not transfer ownership of general ideas, skills, or independently developed materials to MesoMetric.

10. Updates, Support, and Discontinuation

MesoMetric may update, correct, maintain, or improve the App. Updates may be needed for continued compatibility, security, or access to an optional external service.

MesoMetric may end future sales, future updates, general support, or an optional external service. Ending those activities does not, by itself, authorize remote disabling of a compliant purchaser’s installed copy. Continued use may nevertheless be affected by device failure, operating-system changes, app-store entitlement rules, security requirements, third-party availability, or other circumstances outside MesoMetric’s control.

MesoMetric may revise this Agreement. An updated Agreement will identify a new version number and will be made available through the App or at mesometricapp.com. Changes apply prospectively. Where applicable law requires additional notice or consent, MesoMetric will provide it. Continued use after an updated version becomes effective constitutes acceptance to the extent permitted by law.

11. Pre-Release, Beta, and Promotional Access

If you access a pre-release, beta, testing, promotional, preview, or early-access version, you acknowledge that it may be incomplete, experimental, unstable, or subject to change and may cause errors or loss of locally stored information. Preserve important information independently.

A build, interface, feature, or performance result that MesoMetric expressly identifies as confidential, or that is genuinely nonpublic and provided through a confidential testing channel, is confidential information of MesoMetric. You may not disclose, publish, screenshot, record, or publicly review that confidential material without MesoMetric’s written authorization, except where applicable law prohibits the restriction.

The confidentiality restriction does not prohibit reporting security concerns to MesoMetric, obtaining legal advice, contacting a regulator or law-enforcement authority, making a legally protected disclosure, or discussing features that MesoMetric has publicly released.

If you provide suggestions, ideas, bug reports, or other feedback about the App (“Feedback”), you assign to MesoMetric all right, title, and interest in the Feedback to the extent permitted by law. To the extent an assignment is ineffective, you grant MesoMetric a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, modify, commercialize, and otherwise exploit the Feedback without compensation or attribution.

Feedback does not include your User Content, intellectual property you owned before providing the Feedback, or information you lack authority to provide.

Pre-release, beta, promotional, preview, and early access may be limited, changed, suspended, or revoked at MesoMetric’s discretion, subject to applicable law.

12. Disclaimer of Warranties

THE APP AND RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MESOMETRIC DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

MESOMETRIC DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE WITH EVERY DEVICE OR OPERATING-SYSTEM VERSION, OR THAT DATA WILL NEVER BE LOST, CORRUPTED, OR UNAVAILABLE. THIRD-PARTY INFORMATION AND SERVICES MAY BE INACCURATE, INCOMPLETE, DELAYED, OR UNAVAILABLE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MESOMETRIC LLC, ITS MEMBER, MANAGER, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR DEVICE DAMAGE ARISING OUT OF OR RELATING TO THE APP OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MESOMETRIC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR THE APP OR (B) FIVE U.S. DOLLARS (US $5.00).

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MesoMetric LLC, its member, manager, affiliates, licensors, and service providers from third-party claims, damages, liabilities, losses, costs, and reasonable attorneys’ fees arising out of or relating to your material breach of this Agreement, unlawful conduct, infringement of another party’s rights, or intentional misuse of the App.

This Section does not apply to ordinary good-faith use, does not require indemnification for conduct attributable solely to MesoMetric, and does not apply where prohibited by law.

15. Termination

This Agreement remains effective until terminated. You may terminate it by ceasing use of and deleting the App.

MesoMetric may terminate the license for material breach, unlawful use, loss or invalidation of the applicable app-store entitlement, or as required by applicable law. MesoMetric does not remotely revoke ordinary access from a compliant purchaser solely because future sales, updates, or support end.

Upon termination, you must cease unauthorized use of the App. Termination does not automatically delete exports, backups, shared copies, or other information placed outside the App and does not alter purchase records maintained by an app store.

Sections concerning User Content ownership, intellectual property, restrictions, Feedback, disclaimers, limitations of liability, indemnification, app-store terms, governing law, and general provisions survive termination to the extent their nature requires.

16. Apple App Store Terms

The following terms apply when the App is obtained through Apple’s App Store. If there is a conflict between this Section and another provision solely as necessary to satisfy Apple’s required minimum terms, this Section controls for the Apple-distributed App.

Acknowledgement

This Agreement is between you and MesoMetric, not Apple Inc. (“Apple”). MesoMetric, not Apple, is solely responsible for the App and its content.

Scope of license

The license is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the usage rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing where permitted by Apple’s rules.

Maintenance and support

MesoMetric is solely responsible for maintenance and support required under this Agreement or applicable law. Apple has no obligation to furnish maintenance or support services for the App.

Warranty

MesoMetric is solely responsible for product warranties, if any, to the extent not effectively disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation regarding the App, and MesoMetric is solely responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty.

Product claims

MesoMetric, not Apple, is responsible for claims relating to the App or your possession or use of it, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer-protection, privacy, or similar claims.

Intellectual-property claims

If a third party claims that the App or your possession and use of it infringes intellectual-property rights, MesoMetric, not Apple, is responsible for investigation, defense, settlement, and discharge of that claim.

Legal compliance

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 are not listed on a U.S. Government list of prohibited or restricted parties.

Third-party terms

You must comply with applicable third-party terms when using the App, including wireless-data-service and device terms.

Third-party beneficiary

Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, have the right to enforce it against you as third-party beneficiaries.

Developer contact

Questions, complaints, or claims: MesoMetric LLC, 8735 Dunwoody Place, #11239, Atlanta, Georgia 30350; 1-866-637-6348; support@mesometricapp.com.

17. Google Play Terms

The following terms apply when the App is obtained through Google Play.

This Agreement is solely between you and MesoMetric. Google LLC and its affiliates are not parties to this Agreement, are not responsible for the App, and have no liability under this Agreement.

Your use of the App is also subject to applicable Google Play terms and usage rules. If this Agreement conflicts with mandatory Google Play terms, those controlling terms govern to the extent of the conflict.

MesoMetric is responsible for support, maintenance, and claims relating to the App. Google may process purchases, entitlements, purchase restoration, and refunds in accordance with Google Play policies.

18. Governing Law and Venue

This Agreement is governed by the laws of the State of Georgia, United States, without regard to conflict-of-law principles, except to the extent applicable consumer law requires otherwise.

Except for matters properly brought in small-claims court or where applicable law requires another forum, any action arising out of or relating to this Agreement must be brought exclusively in the state or federal courts located in Georgia, and the parties consent to personal jurisdiction and venue there.

19. General Terms

Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions remain in effect.

No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.

Assignment. You may not assign this Agreement without MesoMetric’s prior written consent. MesoMetric may assign this Agreement in connection with a merger, reorganization, financing, acquisition, sale of assets, or operation of law.

Entire agreement. This Agreement, together with the Privacy Policy and applicable SMS Messaging Terms, is the entire agreement between you and MesoMetric regarding the App and supersedes prior agreements or understandings on that subject.

Separate products or services. This Agreement applies only to the App. A separately identified product or service may be subject to separate terms.

No third-party beneficiaries. Except for Apple and Apple’s subsidiaries as expressly stated in Section 16, this Agreement creates no third-party beneficiary rights.

Headings. Headings are for convenience and do not limit interpretation.

Electronic communications. Notices and disclosures may be provided electronically through the App, website, email, or app-store listing, subject to applicable law.

Language. The English-language version controls to the extent permitted by law if a translation differs.

20. Privacy, Messaging, and Contact

The MesoMetric Privacy Policy is available at https://mesometricapp.com/privacy/.

The MesoMetric SMS Messaging Terms are available at https://mesometricapp.com/sms-terms/.

Support information is available at https://mesometricapp.com/support/. General contact information is available at https://mesometricapp.com/contact/.

Questions, complaints, or claims may be directed to:

MesoMetric LLC

8735 Dunwoody Place, #11239

Atlanta, Georgia 30350

Telephone and SMS: +1 866-637-6348

Email: support@mesometricapp.com

Copyright © 2026 MesoMetric LLC. All rights reserved.

MESOMETRIC™ and related MesoMetric brand identifiers are used by MesoMetric LLC.