Terms of Use

Last Updated: 8-11-25

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING SCULPTY ("THE APP"). BY DOWNLOADING, ACCESSING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1. Acceptance of Terms

These Terms are a legal agreement between you ("User," "you") and Sean Lindsay ("we," "us," "our") governing your use of the App. By installing or using the App, you confirm that you are at least 18 years old, or that you have the consent of a parent or legal guardian, and that you agree to these Terms.

2. License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App solely for your personal, non-commercial purposes in accordance with these Terms.

You may not:

Reverse-engineer, decompile, or otherwise attempt to extract the source code of the App.
Modify, copy, distribute, sell, or lease any part of the App.
Use the App in any way that violates applicable laws or regulations.

3. In-App Purchases and Payments

The App may offer additional features or content for purchase ("In-App Purchases"). All In-App Purchases are processed through Apple's App Store and are subject to Apple's payment terms, conditions, and refund policies. We do not process payments directly and do not collect your payment information.

Prices for In-App Purchases are displayed in the App and may change at any time without notice.
Your purchase grants you the right to access the purchased feature(s) as described at the time of purchase. We reserve the right to modify, remove, or replace features, provided that doing so does not violate applicable laws or Apple's policies.
All purchases are final and non-refundable, except where refunds are required by law or provided by Apple's App Store policies.

4. Health & Fitness Disclaimer

The App may include features related to exercise, diet tracking, and nutrition. We are not medical professionals, and the App does not provide medical advice.

Always consult a physician or qualified health provider before beginning any new exercise or diet program.
You use all fitness and nutrition information at your own risk.
If you experience faintness, dizziness, pain, or shortness of breath, stop immediately and seek medical attention.

5. Third-Party Services

The App uses the FatSecret API to provide food search and nutrition data. Search queries, barcode numbers, and food IDs are sent to FatSecret, which processes these requests according to its own privacy policy and terms. We are not responsible for the content, accuracy, or policies of third-party services.

The App may also use Apple's iCloud service if you choose to enable backups. We do not control iCloud and are not responsible for its performance or security.

6. User Content and Data

Any data you enter into the App (e.g., workouts, meals, measurements) is stored locally on your device unless you choose to back it up to iCloud. You are solely responsible for maintaining copies of your data. We are not responsible for data loss, corruption, or unauthorized access resulting from your actions or device issues.

7. Camera Access

If you use the barcode scanner, the App requires access to your device's camera. The camera feed is processed locally on your device to extract barcode numbers; the live feed is not stored or transmitted. Only the decoded barcode number is sent to the FatSecret API.

8. No Warranties

The App is provided "AS IS" and "AS AVAILABLE", without any warranties of any kind, either express or implied. This includes, but is not limited to:

Warranties of merchantability, fitness for a particular purpose, and non-infringement.
Warranties regarding accuracy, reliability, or availability of the App or its content.

We do not guarantee that the App will be error-free, uninterrupted, secure, or free from harmful components.

9. Limitation of Liability

To the maximum extent permitted by law:

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising from your use of the App.
Our total liability for any claim related to the App will not exceed the total amount you paid to purchase the App and any in-app purchases, if applicable.
You agree to indemnify and hold us harmless from any claims, damages, or expenses (including attorneys' fees) arising from your use of the App or violation of these Terms.

10. Termination

This agreement is effective until terminated by either you or us. You may terminate these Terms at any time by uninstalling the App and discontinuing all use.

We may terminate these Terms, or your license to use the App, at any time if you violate these Terms or if we discontinue the App. In such cases, you must stop using and uninstall the App.

We have no obligation to maintain or provide updates, support, or continued availability of the App.

11. Changes to the Terms

We may update these Terms at any time. If we make material changes, we will notify you by updating the "Last Updated" date under sculpty.app/terms. You are advised to consult these Terms regularly for any changes, as continued use is deemed approval of all changes.

12. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of laws principles. Any disputes will be resolved exclusively in the state or federal courts located in Pennsylvania, except you may assert claims in small claims court if they qualify.

13. Contact Information

If you have any questions about these Terms, please contact [email protected]