These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Max Out ("the App," "we," "us," or "our") governing your use of the Max Out iOS application and related services (collectively, the "Service").
By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the App.
You must be at least 13 years old to create an account and use the Service. If you are between 13 and 18 years old, you must have the permission of a parent or legal guardian who agrees to these Terms on your behalf.
We do not knowingly collect personal data from children under 13. If we learn that a child under 13 has created an account, we will delete the account and associated data immediately.
By using the Service, you represent and warrant that you meet these eligibility requirements.
Max Out is an AI-powered personal optimization app that helps you build structure, track progress, and develop habits across five life pillars: Health, Career, Social, Growth, and Wealth.
The Service includes:
To use the Service, you must create an account by providing your name, email address, and a password. You may also authenticate through Google OAuth for Workspace integrations.
You are responsible for:
We hash passwords using bcrypt before storage and never store plaintext passwords. Sessions are managed with JSON Web Tokens (JWT) with a 7-day expiration. Despite these measures, no system is perfectly secure, and you acknowledge that you provide information at your own risk.
This is one of the most important sections of these Terms. Please read it carefully.
The Service uses artificial intelligence (specifically Google Gemini 2.5 Flash, accessed via Google's Gemini API) to generate task schedules, life assessments, coaching responses, goal recommendations, and other content. All AI-generated content is provided for informational and motivational purposes only.
AI-generated content does NOT constitute:
AI-generated content may be inaccurate, incomplete, outdated, or inappropriate. The AI models powering the Service are probabilistic systems that can produce errors, hallucinations, or misleading recommendations. You should:
You are solely responsible for any decisions you make or actions you take based on AI-generated content. This includes but is not limited to:
The App may suggest timelines for fitness goals (such as weight loss rates or training progressions). These are estimates based on general population data and are not personalized medical assessments. Individual results vary significantly based on factors the App cannot fully account for.
The AI may detect significant life changes from your conversations (such as a job change, relationship change, or health event) and adjust recommendations accordingly. This detection is automated and imperfect. If you are experiencing a major life event, seek appropriate professional support.
If you use the Google Workspace integration, the AI may create documents on your behalf. You are solely responsible for reviewing, editing, and approving any AI-drafted communication before sending it. We are not liable for any consequences arising from communications you send, whether AI-drafted or otherwise.
To provide the Service, we send certain personal data to third-party AI providers for processing. Per Apple Guideline 5.1.2(i), we disclose the following:
Google LLC (Gemini API — All AI Processing)
Google LLC (Gemini API — Task Verification and Embeddings)
By using the Service, you expressly consent to the transmission of your personal data to these third-party AI providers for the purposes described above. You may withdraw this consent at any time by deleting your account. Because AI processing is core to the Service's functionality, selective opt-out of AI features while maintaining an account is not available.
With your explicit permission, the App reads the following data from Apple HealthKit (read-only — we never write to HealthKit):
In compliance with Apple's HealthKit guidelines:
You can revoke HealthKit access at any time through iOS Settings. Revoking access stops future data collection but does not automatically delete previously synced health data from our servers. To delete previously collected health data, use the account deletion feature or contact us.
With your permission, the App integrates with Apple Calendar (via EventKit) and/or Google Calendar (via OAuth):
You should review AI-scheduled calendar events and adjust them as needed. We are not responsible for scheduling conflicts, missed events, or disruptions caused by calendar integration.
You may optionally connect your Google account to enable:
When you connect Google, you grant OAuth scopes for Calendar (read/write events), Docs, and Drive (app-created files). We store your Google OAuth tokens encrypted on our servers and use them only for the integrations you authorize.
You can revoke Max Out's access to your Google account at any time through your Google Account permissions. Revoking access stops all Google integrations within the App.
Through the Service, you provide various types of personal content, including:
You retain ownership of the content you provide. By submitting content to the Service, you grant us a limited, non-exclusive, worldwide license to use, process, store, and transmit your content solely for the purpose of providing and improving the Service for you. We do not use your content for advertising, sell it to third parties, or use it to train AI models that serve other users.
Your conversations and uploaded knowledge are processed into vector embeddings (mathematical representations) and stored in our database for semantic search and long-term AI context. The AI builds a persistent model of your preferences, goals, and patterns over time to improve personalization. This processing is integral to the Service.
If you provide information about other people (such as relationship details during onboarding), you represent that you have the right to share that information and that doing so does not violate their privacy rights.
You are solely responsible for the content you upload to the Knowledge Base. You represent that you have the right to upload and process such content and that it does not infringe any third-party intellectual property rights.
The Service includes a gamification system with XP (experience points), levels, streaks, and achievements. These elements are designed to motivate engagement and have no monetary value. XP and points cannot be exchanged, transferred, sold, or redeemed for cash, goods, or services. We reserve the right to modify the gamification system at any time.
You agree not to:
The App, its design, code, algorithms, AI prompts, persona characters (PAL, ACE, ZEN), gamification systems, branding, and all related materials are owned by us and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited license to use the App as described in Section 14.
AI-generated task plans, assessments, coaching responses, and other outputs are provided as part of the Service. You may use AI-generated content for your personal, non-commercial purposes. We make no claim of ownership over factual information or general advice contained in AI outputs, but the underlying systems, prompts, and methods used to generate that content remain our intellectual property.
The Service sends push notifications including task reminders, streak milestones, motivational messages, daily summaries, AI-generated behavioral insights, and workout verification confirmations. Notification content (particularly motivational messages and insights) is AI-generated.
You can disable push notifications at any time through iOS Settings. Disabling notifications may reduce the effectiveness of the Service but will not affect core functionality.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms of Service.
You may delete your account at any time through the App. When you delete your account, all personal data associated with your account is permanently deleted from our servers via cascading database deletion, including:
We may suspend or terminate your account if you violate these Terms, engage in abusive behavior, or if we discontinue the Service. Where possible, we will provide reasonable notice before termination. If we terminate your account without cause, we will make reasonable efforts to allow you to export your data.
Upon termination, your license to use the App ends immediately. Sections that by their nature should survive termination will survive, including Sections 4 (AI Disclaimers), 9.2 (Your Ownership), 12 (Intellectual Property), 16 (Disclaimers), 17 (Limitation of Liability), 18 (Indemnification), and 20 (Governing Law).
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
To the maximum extent permitted by applicable law, we disclaim all warranties, including but not limited to:
The Service depends on third-party services including Google APIs and Apple services. We are not responsible for outages, changes, or failures of these third-party services. If a third-party service becomes unavailable, certain features of the App may not function.
The App is not a medical device. It is not intended to diagnose, treat, cure, or prevent any disease or health condition. AI-generated workout plans, health tasks, recovery recommendations, and sleep-based scheduling are based on general wellness principles and your self-reported data — not clinical evaluation. Do not disregard professional medical advice or delay seeking medical treatment because of information provided by the Service.
If a task generated by the App causes you physical discomfort, pain, or injury, stop the activity immediately and consult a healthcare professional.
To the maximum extent permitted by applicable law:
These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, our liability is limited to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless Max Out and its developers, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
Your use of the Service is also governed by our Privacy Policy, which describes what data we collect, how we use it, who we share it with, and your rights. The Privacy Policy is incorporated into these Terms by reference.
These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.
Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith informal negotiation. If a dispute cannot be resolved informally within thirty (30) days, either party may pursue resolution in the state or federal courts located in the State of California.
To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis only, and not in a class, consolidated, or representative action.
We may update these Terms from time to time. When we make material changes, we will:
Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you should stop using the Service and delete your account.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Max Out regarding the Service and supersede all prior agreements and understandings.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. A waiver of any provision is only effective if made in writing.
You represent and warrant that:
You agree to comply with all applicable export and re-export control laws and regulations in your use of the Service.
You acknowledge that these Terms are between you and Max Out only, and not with Apple Inc. ("Apple"). Max Out, not Apple, is solely responsible for the App and its content.
The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms of Service.
Max Out is solely responsible for providing maintenance and support services for the App. You and Max Out acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Max Out is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Max Out's sole responsibility.
You and Max Out acknowledge that Max Out, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to:
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Max Out, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
If you have any questions, complaints, or claims with respect to the App, please contact:
You must comply with applicable third-party terms of agreement when using the App, including the terms of your wireless data service agreement and the Google Terms of Service.
You and Max Out acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
If you have any questions about these Terms of Service, please contact us at:
These Terms of Service were last updated on February 6, 2026.