Terms of Use

Welcome to Badger. Please read these Terms of Use (the "Terms") carefully. They govern your use of the Badger mobile application, Badger experiences in Messages, our websites including gobadger.app, and related products and services (collectively, the "Services"). If you have questions, contact us at contact@gobadger.app.

These Terms are a binding contract between you and OASIZ, INC. ("Oasiz," "Badger," "we," "us," or "our"). By accessing or using the Services, creating an account, or accepting these Terms, you agree to these Terms and our Privacy Policy. Our Consumer Health Data Privacy Policy provides additional disclosures concerning Consumer Health Data. If you do not agree, do not access or use the Services.

1. Changes to these Terms

We may update these Terms as the Services and law evolve. If we make a material change, we will post the revised Terms, update the effective date, and provide additional notice where required. If you do not agree to revised Terms, you must stop using the Services. Your continued use after revised Terms become effective means you accept them. Except for changes made by us as described here, an amendment must be in writing and signed by both you and us.

2. Privacy

Badger’s Privacy Policy explains how we collect, use, disclose, and protect Personal Data. Because Badger may process nutrition, fitness, wellness, and other health-related information, please also read our separate Consumer Health Data Privacy Policy. You control Apple Health and other device permissions through your device settings.

3. Eligibility and accounts

You must be at least 13 years old to use the Services. If you are under the age of legal majority where you live, you may use the Services only with permission from a parent or legal guardian who agrees to these Terms on your behalf. The Services are not intended for children under 13.

You may be required to create an account and provide accurate, complete, and current information. You may not impersonate another person, create an account for someone without authority, transfer your account without permission, or use another person’s account. You are responsible for securing your device, phone number, Apple Account, and other credentials, and for activity on your account. Notify us promptly at contact@gobadger.app if you suspect unauthorized access.

You may use the Services only for your own personal, non-commercial use and in compliance with law. If applicable law prohibits your use, you are not authorized to use the Services.

4. Health, nutrition, and artificial-intelligence limitations

The Services provide educational and informational content, estimates, organization tools, and AI-generated responses. They do not provide medical advice, diagnosis, treatment, psychotherapy, or emergency services, and they do not create a doctor-patient or other professional relationship. Nutrition estimates, food recognition, activity data, goals, memories, recommendations, and other outputs may be incomplete, inaccurate, or inappropriate for your circumstances.

Do not use Badger to make an urgent or high-risk medical decision. Always use your own judgment and consult a qualified healthcare professional about a medical condition, symptoms, allergies, eating disorder, pregnancy, medication, or material change to diet or activity. Never disregard professional medical advice because of information from Badger.

If you believe you may have a medical or mental-health emergency, call 911 or your local emergency number immediately. Badger does not monitor conversations for emergencies and cannot contact emergency services on your behalf.

AI systems are probabilistic and may produce false or misleading content. You are responsible for reviewing outputs before relying on them. We do not guarantee any health, fitness, nutrition, or weight outcome.

5. Messages and communications

If you provide a phone number or enable messaging features, you authorize Badger and its service providers to send and receive communications needed to provide the Services, including onboarding, conversational coaching, reminders you request, authentication, support, transaction, and security messages. Message frequency varies based on your use and preferences. Carrier message and data rates may apply.

You may change supported coaching-message or notification preferences through the Services. Where the channel supports it, reply STOP to stop optional text messages and HELP for help. You may also email contact@gobadger.app. Opting out of optional messages does not prevent us from sending communications necessary to operate your account, complete a requested transaction, protect security, or provide legal notice.

You represent that you are the subscriber or customary user of any phone number you provide and will notify us if that changes. Consent to receive optional marketing messages is not a condition of purchase.

6. Acceptable use

You represent, warrant, and agree that you will not use the Services, provide content, or interact with Badger in a manner that:

1. violates any law, regulation, court order, contract, intellectual-property right, privacy right, or other right of any person;
2. is fraudulent, deceptive, threatening, harassing, defamatory, obscene, exploitative, discriminatory, or otherwise harmful;
3. attempts to obtain another person’s account, password, security information, private content, or health information without authorization;
4. interferes with, disrupts, damages, or places an unreasonable load on the Services or related networks;
5. introduces malware, malicious code, or content intended to manipulate, bypass, or compromise our systems or AI safeguards;
6. crawls, scrapes, indexes, probes, or uses automated means to access the Services except through interfaces we expressly provide or authorize;
7. reverse engineers, decompiles, disassembles, or attempts to derive source code, models, prompts, algorithms, or non-public information, except to the limited extent a restriction is prohibited by law;
8. uses the Services to develop or train a competing product, provide services to a third party, or commercially exploit Badger or its outputs without our written permission;
9. misrepresents AI output as advice from a licensed professional or uses Badger in a clinical, emergency, or other high-risk setting; or
10. encourages or assists another person in doing any of the above.

A violation may result in suspension or termination of access and other appropriate action.

7. Our Services and intellectual property

The Services, including software, designs, graphics, text, models, interfaces, and other content provided by Oasiz ("Badger Content"), are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Services and Badger Content solely for your lawful personal use.

Oasiz and its licensors retain all rights not expressly granted. You may not copy, modify, distribute, sell, lease, publicly display, create derivative works from, or otherwise exploit the Services or Badger Content except as expressly allowed by these Terms or with our written permission. "Oasiz," "Badger," related names, logos, and product features may be trademarks of Oasiz and may not be used without permission.

8. Your content

Messages, photos, audio, videos, documents, food logs, profile information, and other material you provide through the Services are "User Content." As between you and Oasiz, you retain ownership of your User Content.

You grant Oasiz a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, format, adapt for technical purposes, analyze, and otherwise process User Content only as reasonably necessary to provide, secure, support, and improve the Services; comply with your directions; enforce these Terms; and meet legal obligations. This license allows us to use service providers for those purposes. It does not allow us to publicly display your private conversations or use them for targeted advertising. The license ends when the relevant User Content is deleted from our systems, except to the extent content remains in backups, must be retained by law, or has been deidentified.

You represent that you have the rights and permissions necessary to provide User Content and to grant this license. Do not upload another person’s private, health, or copyrighted information unless you have authority to do so. You are responsible for User Content you provide and for decisions you make based on the Services.

If you send ideas, suggestions, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation, provided we do not identify you publicly without permission.

9. Copyright complaints

We respect intellectual-property rights. If you believe content accessible through the Services infringes your copyright, send a notice containing: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification and location of the allegedly infringing material; (d) your contact information; (e) a statement of your good-faith belief that the use is not authorized; and (f) a statement under penalty of perjury that the notice is accurate and you are authorized to act for the copyright owner.

A valid counter-notice must satisfy applicable requirements under the Digital Millennium Copyright Act. We may remove or restrict access to allegedly infringing material and terminate repeat infringers where appropriate.

10. Third-party services and content

The Services may interoperate with or link to third-party services, including Apple, food databases, map or search results, and subscription or messaging providers. Third-party services are governed by their own terms and privacy policies. We do not control and are not responsible for their content, availability, accuracy, or practices. Your dealings with third parties are between you and those parties.

To the extent permitted by law, you release Oasiz and its directors, officers, employees, agents, and successors from claims arising from disputes between you and another user or third party. If you are a California resident, you waive California Civil Code Section 1542, which provides in substance that a general release does not extend to claims the releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected the settlement.

11. Changes to the Services

We continually develop the Services. We may add, change, limit, suspend, or discontinue features or parts of the Services, including beta features, at any time. We will try to provide notice of a material change that significantly and adversely affects you when reasonably practical. We may remove content or restrict access when we believe it violates these Terms, threatens the Services, or exposes us or others to risk.

12. Paid Services and Apple subscriptions

Some features may be free and others may require payment ("Paid Services"). Prices, subscription periods, trial terms, and other purchase terms are shown before purchase and are incorporated into these Terms.

Purchases made in the iOS app are processed by Apple through your Apple Account and are also subject to Apple’s applicable terms. Unless otherwise disclosed, subscriptions automatically renew until canceled. Apple may charge your Apple Account in advance of renewal as described in the purchase screen and Apple’s terms. You can manage or cancel an Apple subscription through your Apple Account subscription settings. Deleting the app or your Badger account does not automatically cancel an Apple subscription.

Apple handles payment processing and refund requests for App Store purchases. We use a subscription-management provider to help determine entitlements and support purchase restoration. We do not receive your complete payment-card number. You are responsible for taxes, carrier charges, and other amounts imposed in connection with your use of the Services.

Except where required by law or Apple’s policies, charges are non-refundable. We may change Paid Services or prices prospectively, with notice as required. If a payment fails or is reversed, we may limit access to Paid Services.

13. Beta services

Some Services may be identified as beta, preview, early access, or experimental. Beta Services may be incomplete, change without notice, contain errors, or be discontinued. You use them at your own risk. Any service-level, support, performance, or availability commitment does not apply to Beta Services unless we expressly agree otherwise in writing.

14. Suspension and termination

You may stop using the Services at any time and may delete your Badger account through available account controls. Account deletion and subscription cancellation are separate actions.

We may suspend or terminate your access if you breach these Terms, create risk or legal exposure, fail to pay applicable fees, or if we discontinue the Services. Where appropriate, we will try to provide notice and an opportunity to address the issue. Upon termination, your license to use the Services ends. Sections that by their nature should survive—including ownership, disclaimers, limitations, indemnity, dispute resolution, and miscellaneous terms—will survive.

15. Warranty disclaimer

To the fullest extent permitted by law, the Services and all content and outputs are provided "as is" and "as available." Oasiz and its licensors disclaim all express or implied warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment, and any warranty arising from course of dealing or trade usage.

We do not warrant that the Services will be uninterrupted, secure, error-free, or free of harmful components; that data will be accurate or preserved; that outputs will be correct or suitable for you; or that use of the Services will produce any particular health, nutrition, fitness, or other result. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

16. Limitation of liability

To the fullest extent permitted by law, Oasiz and its directors, officers, employees, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, goodwill, use, data, or other intangible losses, arising from or related to the Services or these Terms, regardless of legal theory and even if advised of the possibility.

To the fullest extent permitted by law, the aggregate liability of Oasiz and the other Oasiz parties for all claims arising from or related to the Services or these Terms will not exceed the greater of (a) $100 or (b) the amount you paid Oasiz for the Services during the 12 months immediately preceding the event giving rise to the claim.

The limitations above are fundamental elements of the agreement and apply to the maximum extent permitted by law. Some jurisdictions do not allow certain limitations, so some may not apply to you.

17. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Oasiz and its directors, officers, employees, agents, affiliates, licensors, and service providers from claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your unlawful or unauthorized use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of another person’s rights. Oasiz may control the defense of a matter subject to indemnification, and you agree to cooperate. This section does not require you to indemnify an Oasiz party for its own unlawful conduct.

18. Governing law

These Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to conflict-of-law principles. Mandatory consumer protections of your home jurisdiction remain applicable to the extent they cannot lawfully be waived.

19. Arbitration agreement and class-action waiver

Please read this section carefully. It affects your legal rights.

Informal resolution first

Before filing arbitration, you and Oasiz agree to try in good faith to resolve a dispute informally for at least 30 days. A notice of dispute must describe the claimant, account or phone number associated with Badger if applicable, facts, requested relief, and contact information. Send notices to contact@gobadger.app and to the address in Section 22. A limitations period is tolled during this 30-day informal period where permitted by law.

Agreement to individual arbitration

Except for disputes described under "Exceptions" below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be finally resolved by binding individual arbitration. The arbitrator, not a court, will have exclusive authority to resolve disputes concerning interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide disputes concerning the class-action waiver or representative-action waiver.

Arbitration will be administered by JAMS under its applicable Streamlined or Comprehensive Arbitration Rules and, where applicable, its Consumer Minimum Standards, as modified by these Terms. The arbitration will be conducted by one neutral arbitrator. It may occur by video, telephone, written submissions, or in person in San Francisco County, California, or another mutually agreed location. Judgment on the award may be entered in any court with jurisdiction.

If the amount in dispute is less than $75,000 and your claim is not frivolous or brought for an improper purpose, Oasiz will pay reasonable filing, administrative, and arbitrator fees to the extent required by the JAMS rules or applicable law. Each party will otherwise bear its own attorneys’ fees unless the arbitrator awards them under applicable law. The arbitrator may award the same individual relief available in court.

Exceptions

Either party may: (a) bring an eligible individual claim in small-claims court; (b) seek injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual-property rights; or (c) seek emergency provisional relief from a court while arbitration is pending where allowed by law.

Class and jury waivers

You and Oasiz waive the right to a jury trial. Claims may be brought only in an individual capacity, not as a plaintiff or class member in a class, collective, coordinated, consolidated, mass, or representative proceeding. Unless both parties agree, the arbitrator may not consolidate more than one person’s claims or preside over a representative proceeding.

Opting out

You may opt out of this arbitration agreement by sending written notice within 30 days after you first accept these Terms. The notice must include your full name, the phone number or account identifier associated with Badger, a clear statement that you opt out of arbitration, and your signature. Send it by email to contact@gobadger.app or by mail to Oasiz, Inc., Attn: Arbitration Opt-Out, 1070 Bridgeview Way, San Francisco, CA 94158. Opting out will not affect any other part of these Terms.

Severability

If a court finds the class, collective, or representative-action waiver unenforceable for a particular claim or requested relief, that claim or relief will proceed in court after all arbitrable claims are resolved. Otherwise, if any part of this arbitration agreement is unenforceable, it will be severed and the remainder will remain in effect.

20. Court venue

For any dispute not subject to arbitration or small-claims court, you and Oasiz consent to exclusive jurisdiction and venue in the state or federal courts located in San Francisco County, California, except where applicable consumer law requires otherwise.

21. Apple-specific terms

If you obtain the Badger app through Apple’s App Store, you acknowledge that these Terms are between you and Oasiz, not Apple; Oasiz, not Apple, is solely responsible for the app and its content, maintenance, support, warranties (if any), and claims relating to the app, subject to these Terms and applicable law. Apple has no obligation to furnish maintenance or support.

Your license is limited to use on Apple-branded products you own or control as permitted by Apple’s usage rules, including use through Family Sharing or volume purchasing where applicable. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as provided by its policies. Apple and its subsidiaries are third-party beneficiaries of this section and may enforce these Apple-specific terms. You represent that you are not located in a country subject to a U.S. Government embargo and are not listed on a U.S. Government restricted-party list.

22. Miscellaneous

Entire agreement. These Terms and incorporated policies are the entire agreement between you and Oasiz concerning the Services and supersede prior agreements on that subject. Additional terms presented for a particular feature also apply to that feature.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.

Severability and waiver. Except as stated in Section 19, if a provision is unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will continue. A failure to enforce a provision is not a waiver.

No agency or third-party beneficiaries. These Terms do not create an employment, partnership, joint venture, or agency relationship. Except for Apple as stated in Section 21 and Oasiz parties protected by Sections 16 and 17, there are no third-party beneficiaries.

Notices. We may provide notices through the Services, by message or email, or by posting at gobadger.app. Legal notices to Oasiz should be sent to:

Headings. Headings are for convenience only. "Including" means "including without limitation." Electronic communications and records satisfy any legal requirement that a communication be in writing, to the extent permitted by law.