Terms of Service

Effective Date: August 18, 2026

1. INTRODUCTION AND ACCEPTANCE

These Terms of Service (these “Terms”) constitute a legally binding agreement between you (also referred to as “you” or “user”) and Poshfit AI, Inc., a Delaware corporation operating the Services at livinglean.ai (“LivingLean,” “we,” “us,” or “our”), governing your access to and use of the LivingLean mobile application, website, and all related services (collectively, the “Services”).

By accessing, downloading, installing, or using the Services, or by creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

These Terms incorporate by reference: (a) our Privacy Policy, available at https://livinglean.ai/privacy; (b) our Consumer Health Data Privacy Policy, available at https://livinglean.ai/wellness-data; (c) our AI Safety Protocol and Companion Chatbot Notice, available at https://livinglean.ai/privacy#addendum-a and set forth in Addendum A of the Privacy Policy; (d) our pricing page; and (e) any applicable app-store terms of service.

We may offer supplemental terms in connection with specific features or promotions. Such supplemental terms are incorporated into these Terms and, to the extent of any conflict, control over these Terms with respect to the applicable feature or promotion.

2. DESCRIPTION OF SERVICES

LivingLean is a conversation-first, AI-powered application that acts as an accountability partner and food coach. The Services use artificial intelligence to provide natural-language conversations, contextual memory, and personalized coaching to support users in achieving their goals.

LivingLean is not a calorie counter. The Services use AI-driven conversation to understand your habits, preferences, and goals and to provide accountability and actionable guidance.

LivingLean is an early-stage product under active development. We make no guarantee of feature continuity and reserve the right to modify, suspend, or discontinue any feature of the Services at any time in our sole discretion.

3. ELIGIBILITY; AGE ASSURANCES; ACCOUNT REGISTRATION

3.1 Age Requirement

You must be at least eighteen (18) years of age to access or use the Services. By using the Services, you represent and warrant that you are at least 18 years old. The Services are not intended for use by individuals under 18.

3.2 Age Assurances

We may request age-related information during registration or at any time during your use of the Services and may implement age-assurance measures, including age verification or age estimation technologies. If we determine or reasonably suspect that a user is under 18, we may immediately suspend or terminate the account and delete all associated data.

3.3 Account Registration and Security

To access certain features of the Services, you must create an account. You agree to: (a) provide accurate and complete information during registration; (b) keep your account information current; (c) maintain the security and confidentiality of your login credentials; and (d) notify us promptly of any unauthorized access to your account. You are solely responsible for all activity that occurs under your account.

4. WELLNESS-ONLY DISCLAIMER; NO MEDICAL, NUTRITIONAL, OR THERAPEUTIC ADVICE

4.1 General Purpose

The Services are intended solely for general wellness purposes within the meaning of Section 520(o)(1)(B) of the Federal Food, Drug, and Cosmetic Act. The Services do not constitute, and shall not be construed as, medical advice, diagnosis, or treatment; psychotherapy or mental-health counseling; nutrition therapy or dietetic counseling; or any other licensed or regulated health-care service. No provider-patient, therapist-client, or dietitian-client relationship is created by your use of the Services.

4.2 Consult Qualified Professionals

Always consult a qualified health-care professional regarding any medical, nutritional, or psychological concerns. Never disregard professional medical advice or delay seeking it because of anything communicated through the Services. Users with medical conditions, a history of eating disorders, food allergies, pregnancy, or who take medications should consult their health-care providers before relying on any information provided through the Services.

4.3 No Emergency or Crisis Services

THE SERVICES ARE NOT AN EMERGENCY SERVICE AND ARE NOT INTENDED TO ADDRESS MEDICAL EMERGENCIES, MENTAL-HEALTH CRISES, OR LIFE-THREATENING SITUATIONS. If you are experiencing a medical emergency, call 911. If you are experiencing a mental-health crisis or suicidal ideation, call or text 988 (Suicide and Crisis Lifeline) or go to your nearest emergency room.

4.4 Food Coaching Features

The Services may include weight tracking, meal suggestions, exercise recommendations, and discussion of habits, preferences, and other context. All such features are provided for general wellness purposes (as described in Section 4.1) and for accountability and food coaching purposes only, and do not constitute medical nutrition therapy, licensed dietetic counseling, or any other licensed or regulated service. Individual results may vary, and no specific outcome is guaranteed. The Services may ask you about your accountability goals, food preferences, food allergies and dietary restrictions, and other food-related context you consider relevant. This information may be stored in your account (for example, in your wellness profile or “coach's notes”) and used by the AI to personalize your experience.

You should not rely on the AI to provide complete, accurate, or timely warnings or advice based on any information you provide. If you have food allergies, medical conditions, or take medications, you must independently manage those conditions and consult qualified health-care professionals. The AI may fail to warn you, may warn you incorrectly, or may provide suggestions that are inappropriate for your circumstances.

5. AI-GENERATED CONTENT AND COMPANION CHATBOT DISCLOSURES

5.1 Interaction with AI

You acknowledge and agree that when you use the Services, you are interacting with an artificial intelligence system, not a human being. The AI does not possess human emotions, consciousness, lived experience, or professional licenses of any kind. Any conversational style, empathetic language, or personalized responses are the product of machine-learning algorithms, not genuine human understanding or professional expertise.

5.2 AI Limitations

AI-generated content may contain errors or omissions, and the AI may misinterpret your inputs or provide responses that are not appropriate for your circumstances. You are solely responsible for evaluating any information provided by the AI and assume all risk associated with reliance on it.

5.3 In-Product Reminders

The Services display periodic reminders that you are interacting with an AI system, including at the start of each session and at least every three hours of continuous interaction. These reminders cannot be disabled by the user.

5.4 No Reliance

You should independently verify any factual claims, recommendations, or suggestions made by the AI. The AI does not have access to your medical records, laboratory results, or other personal health information unless you voluntarily provide such information through the Services.

6. AI SAFETY PROTOCOL AND CRISIS RESOURCES

6.1 Safety Measures

LivingLean maintains a protocol to detect user expressions of suicidal ideation or self-harm and to respond appropriately. When such signals are detected, the Services will display an in-product notification referring you to crisis service providers, including the 988 Suicide and Crisis Lifeline and the Crisis Text Line, and will route the conversation in a manner intended to avoid content that could encourage or facilitate self-harm. Additional information about our detection methods and protocol is set forth in our AI Safety Protocol and Companion Chatbot Notice.

We do not guarantee that the Services will detect all such inputs or respond appropriately in every circumstance. You should not rely on the Services to identify or respond to a crisis situation.

6.2 Not a Crisis Service

THE SERVICES ARE NOT A CRISIS SERVICE, SUICIDE HOTLINE, OR EMERGENCY RESPONDER. Any crisis resources displayed within the Services are provided solely as a convenience, and we do not guarantee the availability, accuracy, or responsiveness of any third-party crisis service.

6.3 AI Safety Protocol and Companion Chatbot Notice

Our AI Safety Protocol and Companion Chatbot Notice is set forth in Addendum A of our Privacy Policy and is incorporated into these Terms by reference. We may update the AI Safety Protocol and Companion Chatbot Notice from time to time to reflect changes in applicable law, including requirements under New York and California law, best practices, or our safety systems. Continued use of the Services following any such update constitutes your acceptance of the revised notice.

7. USER INPUTS AND CONTENT

7.1 Your Content

You retain all ownership rights in any text, images, data, or other materials you submit to the Services (“User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, and display your User Content solely to provide, maintain, and improve the Services, subject to our Privacy Policy and Consumer Health Data Privacy Policy. This license terminates upon deletion of your User Content in accordance with our data-retention practices.

7.2 Prohibited Sensitive Inputs

You agree not to input into the Services any Social Security numbers, financial account numbers, government-issued identification numbers, or information that constitutes protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA), unless such information is specifically requested by a designated feature of the Services.

7.3 No Monitoring Obligation

We are not obligated to monitor User Content but reserve the right to review, screen, or remove it at our sole discretion for safety, legal compliance, or service improvement.

7.4 User Representations Regarding Content

You represent and warrant that: (a) you own or have the necessary rights, licenses, consents, and permissions to submit all User Content to the Services; (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other proprietary rights; and (c) your User Content complies with these Terms and all applicable laws. You are solely responsible for your User Content and the consequences of submitting it to the Services.

7.5 De-Identified and Aggregated Data

We may de-identify, anonymize, and aggregate information collected through the Services, including User Content and usage data, such that it can no longer reasonably be used to identify you (“De-Identified Data”). We may use De-Identified Data for any lawful purpose, including to analyze trends, identify successful dietary habits, develop product features, improve the Services, conduct research, and publish aggregated insights or recommendations to the broader user community. For example, we may analyze de-identified data to determine which meals, habits, or routines are associated with positive outcomes and share those findings with other users. De-Identified Data is not subject to the restrictions on User Content set forth in this Section 7, and we retain all rights in De-Identified Data.

8. ACCEPTABLE USE AND PROHIBITED CONDUCT

You agree not to engage in, or facilitate any third party in engaging in, any of the following:

We reserve the right to investigate suspected violations of these Terms and to suspend or terminate accounts, remove content, and report conduct to law enforcement authorities as we deem appropriate in our sole discretion.

9. PLANS, FEES, PAYMENTS, AND PRICING

9.1 Pricing and Plans

The Services are offered under various subscription plans and tiers. Current pricing, plan details, and features are described on our pricing page.

9.2 Right to Change Pricing

We reserve the right to change our fees, pricing, plans, and included features at any time, in our sole discretion, on a prospective basis. Price changes will not apply retroactively to the current billing period. We will provide at least thirty (30) days' advance notice of material pricing changes via email or in-app notification. Your continued use of the Services after the effective date of a pricing change constitutes your acceptance of the new pricing.

9.3 Payment and Taxes

You agree to pay all fees associated with your selected plan. All applicable taxes, duties, and governmental charges (excluding taxes on our net income) are your responsibility. Fees are exclusive of taxes unless otherwise stated.

9.4 Trials, Promotions, and Founding-Member Offers

We may offer free trials, promotional pricing, founding-member offers, or other special pricing. Such offers are subject to additional terms, may be modified or discontinued at any time, and convert to standard pricing upon expiration of the promotional period unless otherwise stated.

9.5 Refunds

Fees are non-refundable except as expressly stated in the applicable purchase flow or as required by applicable law.

9.6 App-Store Purchases

If you purchase a subscription or make any in-app purchase through a third-party app store (such as the Apple App Store or Google Play Store), such purchase is subject to the terms and conditions of the applicable app store. In the event of a conflict between these Terms and the applicable app-store terms regarding payment or refunds, the app-store terms shall control.

10. THIRD-PARTY SERVICES AND APP STORES

The Services rely on third-party service providers, including AI model providers, cloud infrastructure providers, payment processors, analytics services, and app-store platforms. Your use of the Services may be subject to the terms and privacy practices of such third parties. We are not responsible for the acts, omissions, availability, or policies of any third-party provider, and reference to or integration with any third-party service does not constitute an endorsement.

11. INTELLECTUAL PROPERTY

11.1 Our Ownership

All software, AI models, system prompts, workflows, algorithms, user interfaces, designs, graphics, trademarks, service marks, trade names, and other intellectual property embodied in or associated with the Services are owned by or licensed to us and are protected by United States and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in or to any of our intellectual property except as expressly set forth herein.

11.2 Limited License to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial dietary and accountability purposes. You may not: (a) modify, copy, or create derivative works based on the Services; (b) sell, resell, license, or commercially exploit any aspect of the Services; (c) use the Services to develop a competing product or service; or (d) engage in data mining, scraping, or similar data-gathering activities with respect to the Services.

11.3 AI Outputs

The intellectual property rights, if any, in AI-generated outputs are subject to applicable law, which remains unsettled and evolving. You may use AI outputs generated for you through the Services for your personal, non-commercial purposes. You may not use AI outputs to train, fine-tune, or otherwise develop any artificial intelligence or machine-learning model or system.

12. FEEDBACK

If you provide us with any suggestions, ideas, enhancement requests, recommendations, corrections, or other feedback regarding the Services (“Feedback”), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit such Feedback for any purpose without restriction, attribution, or compensation to you. We have no obligation to act on any Feedback.

13. PRIVACY

Your use of the Services is subject to our Privacy Policy which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand our practices regarding the collection, use, and disclosure of your information.

The following supplemental documents, each incorporated by reference, further describe our data practices:

Your acceptance of these Terms constitutes acceptance of the general terms of these documents. However, where applicable law (including the Washington My Health My Data Act and Nevada SB 370) requires separate opt-in consent for the collection or sharing of consumer health data, that consent is obtained through a separate in-product consent flow and is not granted by acceptance of these Terms alone.

14. DISCLAIMERS

14.1 As-Is; No Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14.2 No Results Guarantee

WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, OUTCOMES, OR BENEFITS FROM YOUR USE OF THE SERVICES. Individual results will vary based on numerous factors including but not limited to individual physiology, adherence, pre-existing conditions, and lifestyle factors. Any testimonials or success stories are individual experiences, are anecdotal in nature, and do not constitute a guarantee or prediction of your results.

14.3 Founder Testimonial Disclaimer

Any results or experiences shared by the founder or founding team of LivingLean are personal, anecdotal, and illustrative only. Such testimonials reflect the individual experience of the person sharing them and do not guarantee or predict any specific outcome for other users.

14.4 AI Accuracy

AI-generated content may be inaccurate, incomplete, inappropriate, or outdated. We make no warranty regarding the accuracy, reliability, completeness, or timeliness of any AI-generated content or recommendation provided through the Services.

14.5 Service Availability

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

14.6 Consumer-Law Savings Clause

Some jurisdictions do not allow the exclusion or limitation of certain warranties. In such jurisdictions, the disclaimers set forth above shall be limited to the maximum extent permitted by applicable law.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POSHFIT AI, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The foregoing limitations apply to the fullest extent permitted by applicable law. In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded under applicable law.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Poshfit AI, Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of applicable law; or (e) your violation of the rights of any third party.

This indemnification obligation survives the termination of these Terms and your use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

17. SUSPENSION AND TERMINATION

17.1 Termination by You

You may terminate your account and cease using the Services at any time. Termination of your account does not entitle you to any refund of fees previously paid, except as required by applicable law.

17.2 Termination by Us

We may suspend or terminate your access to the Services at any time, for any reason, including: (a) violation of these Terms; (b) fraudulent, abusive, or illegal activity; (c) safety concerns; (d) legal or regulatory requirements; or (e) discontinuation of the Services. We will provide reasonable advance notice where practicable, except where immediate action is necessary to protect the safety of users, comply with legal obligations, or prevent harm to the Services.

17.3 Effect of Termination

Upon termination, your license to use the Services immediately terminates, and you must cease all use of the Services. We may delete your account data in accordance with our Privacy Policy and data-retention practices. Any provisions of these Terms that by their nature should survive termination shall so survive.

17.4 Survival

The following sections shall survive the expiration or termination of these Terms: Section 4 (Wellness-Only Disclaimer), Section 7 (User Inputs and Content), Section 11 (Intellectual Property), Section 12 (Feedback), Section 13 (Privacy), Section 14 (Disclaimers), Section 15 (Limitation of Liability), Section 16 (Indemnification), Sections 17.3 and 17.4 (Effect of Termination; Survival), Section 19 (Governing Law and Dispute Resolution), and Section 21 (Miscellaneous).

18. CHANGES TO SERVICES AND TERMS

We may modify these Terms at any time. For material changes, we will provide at least thirty (30) days' advance notice by posting the revised Terms on our website or application. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

Non-material changes (such as corrections of typographical errors, reformatting, or clarifications that do not substantively alter your rights or obligations) may be made without prior notice.

19. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement and any dispute arising out of or relating to it, including any dispute regarding its formation, validity, interpretation, performance, or breach, shall be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

ARBITRATION AGREEMENT. You and Poshfit AI, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or any aspect of your relationship with us (collectively, “Disputes”) will be resolved exclusively through final and binding individual arbitration, rather than in court, except that: (a) either party may bring an individual action in small-claims court if the claim qualifies; and (b) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND POSHFIT AI, INC. EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND POSHFIT AI, INC. EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. You may only bring claims against us in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding.

ARBITRATION RULES AND PROCEDURES. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, available at www.adr.org. If AAA is unavailable, the parties will mutually select an alternative arbitration provider, or a court will appoint one. The arbitration will be conducted in the English language by a single arbitrator. The arbitrator shall have exclusive authority to resolve all Disputes, including any claim that all or part of these Terms is void or voidable. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

ARBITRATION FEES. If you initiate arbitration, you will pay the consumer filing fee required by AAA (currently $225 for claims under $75,000). We will pay all remaining arbitration fees and costs, including arbitrator compensation, unless the arbitrator determines that your claim is frivolous or brought for an improper purpose. If we initiate arbitration, we will pay all arbitration fees and costs.

30-DAY OPT-OUT RIGHT. You may opt out of this arbitration agreement by sending written notice to us at the address listed in Section 20 within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and we will retain the right to litigate Disputes in court, but all other provisions of these Terms will remain in effect. Opting out of arbitration will not affect any other rights or obligations under these Terms.

SURVIVAL. This arbitration agreement, including the class action waiver and jury trial waiver, will survive the termination of your relationship with us and the termination of these Terms.

20. CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

Poshfit AI, Inc.

Email: hello@livinglean.ai

Website: https://livinglean.ai

21. MISCELLANEOUS

21.1 Entire Agreement

These Terms, together with the Privacy Policy, the Consumer Health Data Privacy Policy, the AI Safety Protocol and Companion Chatbot Notice, and all other documents incorporated by reference, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements, understandings, representations, and warranties, whether oral or written.

21.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

21.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by us.

21.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

21.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as may be required by the terms of applicable app-store agreements (e.g., Apple or Google as third-party beneficiaries of certain provisions as required by their developer agreements).

21.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, internet or telecommunications failures, power outages, or third-party service provider failures.

21.7 Electronic Communications

By using the Services, you consent to receive communications from us electronically, including by email, push notification, or in-app messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

21.8 Headings

The section and subsection headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.