FORMWISE

Terms and Conditions

Including the Formwise End User Licence Agreement (EULA)

Contents

1. Contract and acceptance

These Terms and Conditions, including the End User Licence Agreement (together, the “Terms”), form a contract between the user (“you” or “your”) and AEREL LTD (company number 17389393), trading as Formwise (“Formwise”, “Aerel”, “we”, “us” or “our”). Our registered office is 66 Paul Street, London, England, United Kingdom, EC2A 4NA.

The Terms apply to the Formwise applications for iOS and Android, Formwise online services, and any Aerel website feature that links to them (together, the “Service”). By creating an account, tapping an acceptance control, purchasing a subscription or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you download the app from Apple App Store or Google Play, the platform provider’s terms also apply. The platform-specific sections below supplement these Terms. Nothing in these Terms limits consumer rights that cannot lawfully be limited or excluded.

2. Eligibility and accounts

2.1 Adults only

You must be at least 18 years old and legally capable of entering a contract to use Formwise. The Service is not designed for children. Do not create an account for a child or upload a child’s information or image.

2.2 Accurate information and account security

• Provide accurate, current information and update it when needed. Personalisation and estimates depend on the quality of the information supplied.
• Keep passwords, device access and authentication methods secure. Do not share an account or allow another person to use it to submit health data or images.
• Tell us promptly at contact@aerel.co.uk if you suspect unauthorised access or misuse.
• You are responsible for activity under your account except to the extent caused by our breach of duty or another matter for which the law makes us responsible.

2.3 Social sign-in

If you use Apple or Google sign-in, you authorise the relevant provider and our authentication provider to exchange the account information needed to sign you in. Your use of that sign-in method is also subject to the provider’s terms and privacy policy.

3. The Formwise service

Formwise provides tools that may include onboarding, goals, fitness and workout planning, workout logging, nutrition targets and plans, meal and hydration logging, food/barcode search, reminders, progress tracking, optional body and meal image analysis, AI-generated responses and subscription features. Features may differ by device, platform, country, subscription tier, app version or operational availability.

Some functions are available without charge and others require a paid Formwise subscription. The current feature set, limits, price, billing period and any trial are shown in the Service or store purchase flow before purchase. We may impose reasonable usage limits, particularly on AI features, to maintain safety, availability and predictable service costs.

4. Health, safety and AI limitations

4.1 Not medical advice or a medical device

Formwise is a general wellness, fitness and nutrition product. It is not a medical device, healthcare provider or emergency service. It does not diagnose, treat, cure, mitigate or prevent disease, injury, eating disorders or other medical conditions. Information in Formwise is educational and general, not a substitute for advice, diagnosis or treatment from a qualified doctor, registered dietitian, physiotherapist or other regulated professional.

4.2 Exercise and nutrition safety

• Consult an appropriate healthcare professional before beginning or materially changing exercise or diet, particularly if you are pregnant, have an injury or health condition, take medication, have dietary restrictions, or have a current or previous eating disorder.
• Exercise involves inherent risks. Use suitable equipment and surroundings, follow manufacturer guidance, use competent supervision where appropriate, and stop immediately if you experience pain, faintness, chest discomfort, unusual shortness of breath or another concerning symptom.
• Nutrition values, calorie needs, portion sizes and allergen information may be incomplete or wrong. Check product labels and obtain professional advice for allergies, intolerances, diabetes, clinical diets or other medical needs.
• Never ignore professional advice or delay seeking it because of information produced by Formwise.

4.3 AI and estimation limitations

Formwise may use artificial intelligence to generate coaching responses, workouts, diet plans, meal estimates, body-photo quality checks and approximate body-composition ranges. AI output is probabilistic. It may be inaccurate, outdated, incomplete, repetitive, unsuitable or inconsistent with a user’s circumstances. Body-composition estimates are visual approximations, not clinical measurements; progress trends may be more useful than a single estimate.

• Review all output before relying on it and use independent judgement.
• Do not rely on Formwise to make a medical, medication, allergy, emergency, legal, financial or other high-impact decision.
• Do not submit information that is unnecessary for the requested feature. Never upload another person’s data or image without a lawful right to do so.
• Generated output is not guaranteed to be unique or free from errors and similar output may be generated for other users.

5. Subscriptions, billing and cancellation

5.1 Purchase and automatic renewal

Paid subscriptions are offered through Apple App Store or Google Play. The purchase screen shows the applicable product, price, currency, taxes (where presented by the store), billing interval, introductory offer or trial (if any), and key renewal terms before you confirm. By purchasing, you authorise the relevant platform provider to charge your store payment method.

Unless the purchase screen states otherwise, a monthly or yearly subscription automatically renews for successive periods of the same length until cancelled. The platform provider may charge the renewal price to your store account within the period described in its terms. Formwise does not receive your full payment-card details.

5.2 Trials and promotional offers

A trial or promotional offer is available only if shown to you and may be subject to eligibility conditions set by Formwise or the platform provider. Unless cancelled before the trial or promotional period ends, it converts to a paid, automatically renewing subscription at the price shown when you accepted the offer. The platform provider determines whether you are eligible and when a charge is made.

5.3 Cancellation

You can cancel at any time through the subscription settings of the Apple App Store or Google Play account used to purchase. Cancellation normally takes effect at the end of the current paid billing period, so access continues until then. Uninstalling Formwise, signing out or deleting the Formwise account does not cancel a subscription. To avoid renewal, cancel within the period required by the relevant platform’s rules, normally at least 24 hours before renewal.

5.4 Price changes

Subscription prices may change. Apple or Google will provide the notice, consent request or cancellation option required by its rules and applicable law. A changed price will not apply earlier than permitted by law or the platform provider’s process. If you do not accept a change that requires consent, the subscription may expire at the end of the current period.

5.5 Refunds, billing issues and restoration

Apple or Google processes the payment and ordinarily decides refund requests under its policies and applicable law. Nothing here removes a statutory right to a refund, repeat performance, price reduction or other remedy. Use “Restore Purchase” in Formwise where available to refresh an eligible entitlement. For a billing or cancellation issue, contact the relevant platform provider; for missing Formwise access after a completed purchase, contact us with the store, product and transaction date, but do not send full card details.

5.6 Subscription value and feature limits

A subscription provides access to the recurring features and limits shown at purchase while the entitlement is active. Specific plans, quotas or AI models may evolve, but we will not remove the essential paid value of an active billing period without a reasonable alternative, remedy or any right required by law.

6. Licence and acceptable use

6.1 Limited licence

Subject to these Terms and any applicable platform rules, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to install and use the Formwise app and access the Service for your own lawful, non-commercial use on devices you own or control. Rights not expressly granted are reserved by us and our licensors.

6.2 Prohibited conduct

You must not, and must not help another person to:

• use the Service unlawfully, fraudulently, deceptively, abusively or in a way that infringes another person’s rights;
• create an account for a person under 18, submit another person’s health data, or upload an image of another person without a lawful right and appropriate permission;
• upload nude, sexual, exploitative, abusive, violent, illegal or otherwise harmful content, or content involving a child;
• attempt to bypass subscription checks, feature limits, authentication, security controls or access restrictions;
• probe, scan, attack, overload, disrupt, introduce malware into, scrape or automate access to the Service except through an interface or written permission we provide;
• reverse engineer, decompile, disassemble, modify or create derivative works from the app except to the limited extent such restriction is prohibited by applicable law;
• copy, sell, rent, sublicense, distribute or commercially exploit the app, service, generated plans or proprietary content except as expressly permitted;
• use Formwise output to develop or train a competing model or service, or misrepresent AI output as professional medical advice; or
• remove ownership, copyright, trade mark or other proprietary notices.

7. User content and permissions

“User Content” means information, prompts, logs, notes, photos and other material you submit to the Service. As between you and us, you retain ownership of User Content. You grant us and our processors a worldwide, non-exclusive, royalty-free licence to host, reproduce, transmit, adapt and otherwise process User Content only as reasonably necessary to operate, secure, support and improve the Service, comply with law and exercise our rights under these Terms. This licence ends when the relevant content is deleted, except for restricted backups, legal retention and de-identified information.

You confirm that you have the rights and permissions needed to submit User Content and that our processing of it as described will not infringe another person’s privacy, confidentiality, intellectual property or other rights. You are responsible for checking and correcting logs and AI-derived estimates before saving or relying on them.

To the extent permitted by law and OpenAI’s applicable terms, you may use Formwise-generated output for personal purposes. We do not promise that output is protectable by intellectual-property rights, unique or non-infringing. Do not remove third-party attribution attached to source content such as food or image databases.

8. Privacy and device permissions

Our Privacy Policy explains how we collect, use, disclose, retain and protect personal data. It forms part of the transparency information for the Service but is not intended to reduce any right under these Terms. Optional camera, photo-library and notification functions require operating-system permission. You can refuse or revoke permission, although the related feature may stop working.

Where Formwise asks for explicit consent to process health data or optional images for AI analysis, that consent is separate from accepting these Terms and may be withdrawn for future processing. Account deletion is available within the app. Subscription cancellation must be completed separately through Apple or Google.

9. Third-party services and content

The Service relies on or links to third-party services, including Apple, Google, Supabase, OpenAI, RevenueCat, Expo, Open Food Facts and Pixabay. Their services, content and independent data processing may be governed by their own terms. We are not responsible for a third party’s separate service, availability, content or conduct, but this does not exclude responsibility we have for processors acting on our behalf under applicable law.

Food database entries, product images, barcodes, nutrition values and third-party imagery may be incomplete, inaccurate or changed by their source. Check important information against the product label or another reliable source.

10. Availability, updates and changes

We aim to provide the Service with reasonable care and skill, but continuous or error-free availability is not promised. Maintenance, network failures, store review, device limitations, provider incidents, security events or circumstances beyond reasonable control may interrupt features. We may release updates to improve security, compatibility or functionality. You may need to install an update or use a supported operating-system version to continue using the Service safely.

We may add, modify or discontinue features for legitimate business, legal, safety or technical reasons. For a material change that adversely affects a paid subscription, we will provide reasonable notice and any remedy required by law or platform rules. We may update these Terms prospectively; the current version and effective date will be available through the Service or Aerel website. If a material change requires consent, we will request it.

11. Suspension, termination and account deletion

You may stop using Formwise at any time and may delete the account within Settings. Account deletion is intended to permanently remove the Formwise account, associated service data and stored user files, subject to the retention exceptions in the Privacy Policy. It cannot normally be undone.

We may restrict or suspend access where reasonably necessary to protect users or the Service, investigate suspected misuse, comply with law, address non-payment, or respond to a serious or repeated breach. Where appropriate, we will give notice and a reasonable opportunity to remedy the issue. We may terminate immediately for serious illegality, security abuse, harm to others or a breach that cannot be remedied.

Termination ends the licence and access rights, but terms that by their nature should continue—such as ownership, accrued payment obligations, lawful retention, liability limits, dispute terms and platform provisions—remain effective. Deleting an account or uninstalling the app does not cancel a store subscription.

12. Warranties, remedies and liability

12.1 Statutory rights

We provide the Service with reasonable care and skill. If you are a consumer, digital-content and consumer-protection laws may give you mandatory rights and remedies where the Service is not as described, fit for purpose or of satisfactory quality. These Terms do not exclude or limit those rights.

12.2 Matters we do not exclude

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of statutory consumer rights, or any other liability that cannot lawfully be excluded or limited.

12.3 Consumer use

Formwise is supplied for personal and domestic use. Subject to section 12.2, we are responsible for loss or damage that is a foreseeable result of our breach of these Terms or failure to use reasonable care and skill. We are not responsible for loss that was not foreseeable, business loss, or damage caused by inaccurate information supplied by you, failure to follow clear warnings, unsafe exercise, reliance on an estimate as medical advice, or an independent third-party service outside our reasonable control.

We do not guarantee a particular fitness, weight, body-composition, nutrition, performance or health outcome. Results vary between people and depend on many factors outside our control. Any disclaimer in these Terms applies only to the fullest extent permitted by law.

12.4 Damage to devices

If defective digital content supplied by us damages a device or other digital content belonging to you and this results from our failure to use reasonable care and skill, we will repair the damage or pay appropriate compensation as required by law. You should install security and app updates when reasonably available.

13. Apple App Store terms

This section applies when the Formwise app is obtained through Apple App Store. You and we acknowledge that these Terms are between you and Aerel, not Apple, and Aerel—not Apple—is solely responsible for the app and its content.

The licence is limited to a non-transferable right to use the app on Apple-branded products that you own or control as permitted by the Apple Media Services Terms and Usage Rules, including any permitted Family Sharing or volume-purchase use.

• Aerel is solely responsible for maintenance and support. Apple has no obligation to provide maintenance or support.
• To the extent any warranty applies and the app fails to conform to it, 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. Aerel remains responsible for other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty, subject to these Terms and applicable law.
• Aerel, not Apple, is responsible for addressing 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 claims under consumer-protection, privacy or similar legislation.
• If a third party claims the app or your possession or use of it infringes intellectual property, Aerel—not Apple—is responsible for investigation, defence, settlement and discharge of the claim to the extent required by these Terms and law.
• You confirm that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and are not listed on a United States Government prohibited or restricted parties list.
• Developer contact: AEREL LTD, 66 Paul Street, London, England, United Kingdom, EC2A 4NA; contact@aerel.co.uk.
• You must comply with applicable third-party agreement terms when using the app, including mobile-network terms.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce this section against you after your acceptance.

Apple terms and Usage Rules: apple.com/legal/internet-services/itunes/

14. Google Play terms

This section applies when the Formwise app is obtained through Google Play. These Terms are between you and Aerel, not Google. Google is not responsible for the app, its content, maintenance, support, warranties or claims relating to the app, except to the extent Google expressly assumes responsibility under its own terms. Your licence and use are subject to the Google Play Terms of Service and any applicable family, device and country restrictions.

Google processes Google Play purchases, renewals, cancellations and refunds under its policies and applicable law. You must manage the subscription through the Google account used to purchase. Google and its affiliates may be third-party beneficiaries of provisions intended for their benefit where permitted by applicable terms and law.

Google Play Terms of Service: play.google.com/about/play-terms/

15. General legal terms

15.1 Governing law and courts

These Terms and any non-contractual dispute are governed by the laws of England and Wales. The courts of England and Wales have jurisdiction. If you are a consumer resident in Scotland, Northern Ireland or another country, you retain any mandatory protection of your home law and may be entitled to bring proceedings in your local courts. We do not require arbitration unless you separately agree after a dispute arises.

15.2 Complaints

Please send a complaint to contact@aerel.co.uk with enough information for us to investigate. We will try to resolve it fairly and within a reasonable time. These Terms do not prevent you using a court, regulator, platform-provider complaint process or other remedy available by law.

15.3 Transfer

We may transfer our rights and obligations to another organisation, for example as part of a reorganisation or sale, provided this does not reduce your rights. We will notify you if required. You may transfer your rights only where law permits or we agree in writing; this does not prevent permitted Family Sharing under platform rules.

15.4 Severability, delay and third-party rights

If a court finds part of these Terms unlawful or unenforceable, the rest continues in effect. A delay in enforcing a right is not a waiver. Except for Apple, Google and their respective subsidiaries or affiliates as expressly stated in the platform sections, no person other than you and Aerel has a right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms.

15.5 Entire agreement and priority

These Terms, the purchase information shown before a subscription is confirmed, and any mandatory platform terms form the agreement about the Service. If a platform term conflicts with these Terms, the platform term governs only to the extent necessary for use or purchase through that platform. Nothing excludes liability for fraud or overrides a mandatory consumer right.

16. Contact