Terms of Use

Physique: Body Measurements

Last updated: 4 October 2026
Effective: 4 October 2026
Version: 1.0

These terms are an agreement between you and Sergey Tyo, an individual developer based in New Zealand ("we", "us", "our"). They cover the Physique iOS app, the Physique websites (getphysique.app and connect.getphysique.app), the connection service for AI assistants (the MCP server at https://connect.getphysique.app/mcp and its sign-in and connections pages), and the physique command-line tool (the "CLI"). Together these are "Physique" or "the service".

Our Privacy Policy explains how we handle your personal information. It is part of these terms.

Summary

• Physique is a wellness log, not a medical device and not medical advice.
• Your data is yours. We only use it to run the service for you. You can export it and delete it at any time.
• If you connect an AI assistant or use the CLI, what it does with the permissions you gave it counts as your action. Assistants are run by other companies under their own terms.
• Physique is provided as is, without a guaranteed uptime. Nothing in these terms takes away rights you have under consumer law in your country.
• New Zealand law governs these terms, but you keep the protection of the mandatory consumer laws where you live.

1. Accepting these terms

1.1 By creating an account, signing in, or using any part of Physique, you agree to these terms. If you do not agree, do not use Physique.

1.2 If you downloaded the app from Apple's App Store, section 19 also applies to you.

2. Who can use Physique

2.1 You must be at least 16 years old, and old enough to agree to these terms where you live.

2.2 You must not use Physique if you are barred from doing so under the laws that apply to you, including sanctions and export control laws. In particular, you must not use Physique if you are located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, or if you are listed on any U.S. Government list of prohibited or restricted parties.

2.3 Physique is for personal use. You may use it for your own body measurements; you must not use it to store other people's health information (for example as a coach or clinician keeping records of clients).

3. Your account

3.1 You sign in with Sign in with Apple or Google Sign-In. Apple's and Google's own terms apply to your Apple or Google account. If you lose access to that account, you may lose access to Physique, and we may not be able to restore it.

3.2 Your account is personal to you. Keep your devices, your Apple or Google account, and any CLI credentials file secure. Tell us promptly at support@sergeytyo.com if you think someone else has accessed your account.

3.3 You are responsible for activity in your account, including activity by AI assistants and tools you have authorised (see section 6), unless it results from our failure to take reasonable security measures.

4. Not medical advice, not a medical device

4.1 Physique is a general wellness tool for recording and viewing body measurements you choose to enter. It is not a medical device. It does not diagnose, treat, cure, monitor or prevent any disease or condition, and it has not been evaluated or approved by any medical regulator (such as the U.S. FDA, Medsafe, the TGA or a European notified body).

4.2 Nothing in Physique (including charts, trends, colour coding of changes as "favourable" or "unfavourable", and anything an AI assistant tells you about your data) is medical, nutritional or fitness advice. The colour of a change reflects a setting, not a judgement about your health.

4.3 Talk to a qualified health professional before making decisions about your health, diet, exercise or weight, especially if you are pregnant, have a medical condition, or have or have had an eating disorder. If an app that tracks body measurements is affecting your wellbeing, consider pausing its use and seeking support.

4.4 Do not use Physique in an emergency. It has no emergency features and does not alert anyone. In an emergency, call your local emergency number.

4.5 Values are only as accurate as what you enter. Unit conversions are rounded for display to two decimal places.

5. Your data

5.1 You own your data. The measurements, notes and settings you enter ("your content") belong to you. We do not claim ownership of them.

5.2 Our licence to run the service. You give us a worldwide, non-exclusive, royalty-free licence to store, copy, process, transmit and display your content only as needed to provide, secure and support Physique for you, including to give it to AI assistants and tools you authorise. This licence ends when your content is deleted, apart from residual copies that are deleted on the schedule in the Privacy Policy.

5.3 Export and deletion. You can export all your entries as CSV or JSON (through the CLI or a connected AI assistant, or by asking us), edit or delete any entry, and delete your account in the app (Settings → Delete account). Deleting an entry is permanent. Account deletion is completed within 30 days, as described in the Privacy Policy.

5.4 Keep your own copy. We take reasonable care of your data, but we do not guarantee that it will never be lost. Please export your data from time to time if it matters to you.

5.5 Your responsibility. You are responsible for your content and must have the right to store it in Physique.

6. AI assistants, the MCP server and the CLI

6.1 What it is. Physique lets you connect AI assistants that support the Model Context Protocol (for example Claude, ChatGPT, Cursor or VS Code) and the physique CLI to your account. You approve each connection on our consent screen, choosing between:

• read (measurements:read): see and export your measurements, notes, units and settings; and
• write (measurements:write): add, edit and permanently delete entries and notes, and change your units and measurement settings.

6.2 Authorised actions are your actions. Anything an assistant or the CLI does within the permissions you granted is treated as done by you. This includes changes or deletions you did not expect because the assistant misunderstood you or behaved unexpectedly. Grant write permission only to assistants you trust, review what they propose before they act, and use the CLI's --read-only login when you only need to read.

6.3 Third-party assistants. AI assistants are provided by other companies (such as Anthropic, OpenAI or the maker of your code editor), not by us. Their terms and privacy policies govern how they process the data they receive from Physique. We are not responsible for the assistant's outputs, advice, accuracy, availability, or how its provider stores or uses your data. AI output can be wrong; check anything important against your own records.

6.4 Revoking access. You can revoke any connection at any time at https://connect.getphysique.app/connections, and physique logout revokes the CLI's connection. Revocation does not undo changes already made or delete data an assistant provider already holds.

6.5 Fair use and rate limits. The agent access service is for your personal use. We apply rate limits (for example a limit on requests per minute per connection, and limits on app registrations and failed token requests per IP address) and may change them to protect the service. Do not:

• try to get around rate limits, permissions or security controls, or use another person's account or tokens;
• use the service to scrape, mine or bulk-collect data other than your own export;
• build a product that resells, sublicenses or offers Physique's API to others, or that creates many accounts or connections automatically;
• send malformed, excessive or malicious requests, or probe or scan our systems, except through a responsible disclosure to support@sergeytyo.com.

6.6 No separate API commitment. The MCP tools and the CLI may change, gain or lose features, or be versioned as we develop Physique. We will try to keep them stable, but we do not promise backward compatibility or an uptime level.

6.7 The CLI. The physique CLI is provided under these Terms. You are responsible for the computer you install it on and for protecting its credentials file, which gives access to your measurements.

7. Acceptable use

When using Physique you must not:

• break any law, or infringe anyone's rights;
• store content that is unlawful, or that you have no right to store;
• interfere with or disrupt the service, its security or other users;
• reverse engineer, decompile or disassemble the app or the service, except where the law expressly permits it despite this restriction;
• copy, modify, distribute, sell or lease any part of Physique, except as these terms allow;
• use automated means to access the service other than the MCP server and the CLI as described in section 6;
• impersonate anyone or misrepresent your connection with anyone;
• use Physique to build a competing product or to benchmark it for publication without our permission.

8. Paid features and subscriptions

8.1 Physique is free today. We may offer paid features in the future, such as a "Pro" subscription. The core ability to log your measurements and to export and delete your data will remain available.

8.2 If you buy a paid feature in the iOS app, you buy it through Apple's App Store. Apple handles payment, billing, renewals, cancellations and refunds, under the App Store's terms. We do not receive your payment card details.

8.3 Prices, the features included and any free trial will be shown before you buy. Subscriptions renew automatically at the end of each period unless you cancel at least 24 hours before renewal in your Apple Account settings. If a trial is offered, any unused part of it ends when you buy a subscription.

8.4 We may change the price of a subscription. Apple will tell you in advance, and where the law or Apple's rules require it, you will need to agree to the new price before it applies.

8.5 Refund requests go to Apple (reportaproblem.apple.com). Nothing in this section limits your consumer rights. If you are a consumer in the EU or UK, you may have a 14-day right to withdraw from a purchase of digital content or services; Apple handles withdrawal requests for App Store purchases under its terms, and by asking for immediate access to digital content you may lose that right once it is supplied, where the law allows.

9. Changes to the service, beta features and availability

9.1 We are continuously developing Physique. We may add, change or remove features, or stop offering Physique entirely. If we plan to shut down Physique, we will give you at least 30 days' notice in the app or by email where we reasonably can, so that you can export your data.

9.2 Some features may be labelled beta, preview or experimental. They may be incomplete, change or be withdrawn, and are provided without any commitment.

9.3 We do not guarantee that Physique will be available at all times, error-free or secure against every threat. There is no service level agreement. Maintenance, outages at our providers (such as Google or Apple) or events outside our control may interrupt the service.

10. Intellectual property and trademarks

10.1 Physique, including the app, websites, CLI, server, design, text, graphics and software, is owned by us or our licensors and protected by intellectual property laws. These terms do not transfer any of it to you.

10.2 Subject to these terms, we give you a personal, revocable, non-exclusive, non-transferable licence to use Physique for your own personal, non-commercial purposes. For the iOS app obtained from the App Store, Apple's Standard EULA governs the licence of the app (see section 19).

10.3 "Physique" and the Physique logo are our brand names. You may not use them in a way that suggests we endorse you or your product. Third-party names (Apple, Google, Claude, ChatGPT and others) belong to their owners and are used only to describe compatibility; their use does not mean those companies endorse Physique.

10.4 Some components are open-source software provided under their own licences, which apply to those components.

11. Feedback

If you send us ideas, suggestions or feedback, we may use them without obligation to you. This does not give us any rights in your content or your personal information.

12. Third-party services

Physique relies on services run by others, including Apple, Google (Firebase and Google Cloud), Cloudflare (domain and DNS) and the AI assistants you choose to connect. Their terms apply to your use of their services. We are not responsible for third-party services we do not control, but this does not limit our responsibility for choosing and using our own service providers with reasonable care.

13. Suspension, termination and account deletion

13.1 You can stop using Physique at any time and delete your account in the app (Settings → Delete account). Deletion removes your account and data as described in the Privacy Policy.

13.2 We may suspend or end your access, or revoke AI assistant connections, if you seriously or repeatedly breach these terms, if your use creates a risk for the service or others, or if the law requires it. Where reasonable, we will tell you first and give you a chance to fix the problem and to export your data. If we end Physique entirely, section 9.1 applies.

13.3 Sections 4, 5.4, 6.3, 10, 11, 14 to 19 and 21 survive the end of these terms.

14. Disclaimers

14.1 To the extent permitted by law, Physique is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.

14.2 We do not warrant that Physique will meet your needs, that it will be uninterrupted or error-free, that data will never be lost, or that outputs from AI assistants will be correct.

14.3 This section does not exclude any guarantee, warranty or right that cannot be excluded by law (see section 17).

15. Limitation of liability

15.1 To the extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, goodwill or data (other than as required by section 17), arising from or in connection with Physique or these terms.

15.2 To the extent permitted by law, our total liability to you for all claims arising from or in connection with Physique or these terms is limited to the greater of (a) the amount you paid us for Physique in the 12 months before the claim arose, and (b) NZD 100.

15.3 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or any other liability that cannot be limited or excluded by law.

16. Indemnity

If you use Physique for a purpose other than personal use, or in breach of these terms or the law, you agree to cover our reasonable losses and costs arising from third-party claims caused by that use. This does not apply to consumers in countries where such an obligation is not permitted, and it does not apply to the extent a loss was caused by us.

17. Your consumer rights

Nothing in these terms limits rights you have under consumer protection laws that cannot be excluded by agreement. In particular:

• New Zealand. If you are a consumer, you have rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 that these terms do not limit. If you use Physique for the purposes of a business, the Consumer Guarantees Act does not apply, and you agree that it is fair and reasonable for the parties to be bound by this clause (section 43 of that Act), and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act do not apply to the extent permitted by section 5D of that Act.
• Australia. Our services may come with guarantees under the Australian Consumer Law that cannot be excluded. Where we are allowed to limit our liability for failing to meet a guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
• European Union and United Kingdom. You have statutory rights, including rights about digital content and digital services that conform to the contract. Our liability for loss caused by our breach of contract that was reasonably foreseeable when you agreed to these terms is not excluded by section 15.1 where the law does not allow that.
• United States. Some states do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so parts of sections 14 and 15 may not apply to you.

18. Governing law and disputes

18.1 These terms are governed by the laws of New Zealand.

18.2 Please contact us first at support@sergeytyo.com; most problems can be solved that way.

18.3 The courts of New Zealand have jurisdiction over disputes about these terms or Physique. If you are a consumer living elsewhere, you may also bring proceedings in the courts of the country where you live, and you keep the protection of the mandatory laws of that country. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Additional terms for Apple devices

This section applies if you obtained the Physique app from Apple's App Store.

19.1 Apple's Standard EULA. Your licence to use the Physique iOS app is governed by Apple's Licensed Application End User License Agreement (the "Standard EULA", https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). These terms apply alongside it and govern your use of the Physique service (your account, your data, sync, the websites, AI assistant access and the CLI). If the Standard EULA and these terms conflict about the licence of the app itself, the Standard EULA prevails.

19.2 Apple is not a party. These terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the app, its content and the Physique service.

19.3 Support. We are solely responsible for providing any maintenance and support for the app and the service. Apple has no obligation to provide any maintenance or support. Support is available at support@sergeytyo.com.

19.4 Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, claims under consumer protection, privacy or similar laws, and claims that the app infringes someone's intellectual property rights. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the app; Apple has no other warranty obligation for the app, to the maximum extent permitted by law.

19.5 Third-party terms. You must comply with applicable third-party terms when using the app (for example your mobile carrier's data terms, and Apple's or Google's terms when you sign in).

19.6 Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these terms. Once you accept these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary, including under subpart 1 of Part 2 of the New Zealand Contract and Commercial Law Act 2017.

20. Changes to these terms

20.1 We may update these terms when Physique or the law changes. The "Last updated" date at the top shows the current version.

20.2 If a change materially affects you, we will tell you in the app or by email at least 30 days before it takes effect, unless the change is required by law or needed urgently for security, in which case it may take effect sooner. If you do not agree, you can stop using Physique and delete your account before the change takes effect. If you continue using Physique after that, the new terms apply.

21. General

21.1 Entire agreement. These terms (with the Privacy Policy and any additional terms shown when you buy a paid feature) are the whole agreement between you and us about Physique, and replace any earlier agreement about it.

21.2 Severability. If any part of these terms is found invalid or unenforceable, the rest stays in effect, and the invalid part is applied to the greatest extent permitted.

21.3 No waiver. If we do not enforce a right straight away, we can still enforce it later.

21.4 Assignment. You may not transfer your rights under these terms. We may transfer our rights and obligations to someone who takes over Physique, provided this does not reduce your rights; we will tell you if this happens.

21.5 Events outside our control. We are not responsible for delays or failures caused by events outside our reasonable control.

21.6 Notices. We may send you notices in the app, on the website, or by email to the address linked to your account (if you use Apple's Hide My Email, Apple forwards it to you). You can send notices to us at support@sergeytyo.com.

21.7 Language. These terms are written in English. If we provide a translation and there is a conflict, the English version prevails, unless the law where you live requires otherwise.

21.8 Third-party rights. Except for Apple under section 19.6, no one other than you and us has any right to enforce these terms.

22. Contact

Sergey Tyo, New Zealand Email: support@sergeytyo.com