Terms of Service

Last updated: February 2026

1. Acceptance of Terms

By creating an account or using Workout Assistant ("the Service"), operated by KiloByte Software LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you are under 13 years of age, you may only use this service with the consent and supervision of a parent or legal guardian who agrees to these terms on your behalf.

2. User Content License

You retain ownership of any workouts, exercise logs, calorie data, and other content you submit ("User Content"). By submitting User Content, you grant KiloByte Software LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to store, display, reproduce, modify, and use your User Content solely for the purpose of operating, improving, and providing the Service. We may use aggregated, anonymized User Content to improve our AI models and service quality.

3. Third-Party AI Services

The Service uses third-party artificial intelligence providers, including Google Gemini and Anthropic Claude, to generate workouts, provide exercise recommendations, and estimate calorie expenditure. When you use AI features, your input is sent to these providers for processing. Each provider's own terms of service and privacy policy govern their handling of that data. We are not responsible for how third-party AI providers process, store, or use data once transmitted to them.

4. Bring Your Own Key (BYOK)

If you choose to use your own API keys for third-party AI providers ("BYOK"), you are solely responsible for: (a) the security of your API keys; (b) any charges incurred on your accounts with those providers; and (c) compliance with those providers' terms of service. We store your keys in encrypted form but assume no liability for unauthorized access, key misuse, or charges resulting from your use of BYOK functionality.

5. Email Communications

By creating an account you consent to receive service-related emails (account confirmations, security notices, and transactional messages) as well as promotional emails about new features and offers from Workout Assistant. You may opt out of promotional emails at any time by clicking the unsubscribe link in any promotional email. Transactional and account-security emails cannot be opted out of while your account is active.

6. Health and Fitness Disclaimer

The Service provides general fitness information and AI-generated workout suggestions. This content is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before beginning any exercise program, especially if you have pre-existing health conditions, injuries, or concerns. You exercise at your own risk and assume full responsibility for any injury or health issue that may arise.

7. Data and Account

All data you submit is stored on our servers and becomes part of the Service. We make no guarantees regarding data retention, availability, backup, or security. Data may be lost, corrupted, or deleted at any time without notice due to technical failures, maintenance, or other causes beyond our control. You are solely responsible for maintaining independent copies of any important data. We reserve the right to suspend or permanently delete accounts and all associated data at our sole discretion, with or without notice, for any reason including but not limited to violation of these terms.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF AI-GENERATED CONTENT, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. AI-GENERATED WORKOUTS, CALORIE ESTIMATES, AND EXERCISE RECOMMENDATIONS MAY BE INACCURATE AND SHOULD NOT BE RELIED UPON FOR MEDICAL OR HEALTH DECISIONS — ALWAYS USE YOUR OWN JUDGMENT AND CONSULT A QUALIFIED PROFESSIONAL.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KILOBYTE SOFTWARE LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, PERSONAL INJURY, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY AI-GENERATED CONTENT, OR ANY PHYSICAL ACTIVITY PERFORMED USING INFORMATION FROM THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED TEN UNITED STATES DOLLARS ($10 USD).

10. Indemnification

You agree to indemnify, defend, and hold harmless KiloByte Software LLC and its members, officers, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) any physical activity performed using information obtained from the Service; (d) your violation of these terms; or (e) your violation of any rights of another party.

11. Governing Law

These terms and any disputes arising from them are governed by the laws of the State of Georgia, United States, without regard to conflict of law principles. Any legal action must be brought exclusively in the state or federal courts located in the State of Georgia, and you consent to personal jurisdiction there.

12. Changes to Terms

We may update these Terms of Service at any time. When we make material changes, we will notify you within the app. Your continued use of the Service after any changes take effect constitutes your acceptance of the new terms.

13. Contact

If you have questions about these terms, please contact us at hello@homecookassistant.app.

Workout Assistant is a product of KiloByte Software LLC, a Georgia limited liability company.