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Terms of Service

Legal — Terms of Service

Last updated

November 10, 2025

AGREEMENT TO OUR LEGAL TERMS

These Terms of Service (“Legal Terms”) govern your access to and use of the BMass mobile application (the “App”), as well as any other related products and services that refer or link to these Legal Terms (collectively, the “Services”).

The Services are operated by a duly registered Romanian sole proprietorship. For legal and billing purposes, the operator of the Services is:

Kása Gellért – Persoană Fizică Autorizată, registered in Romania.

In these Legal Terms, “Company”, “we”, “us”, or “our” refer to the operator of BMass as described above.

By accessing or using the Services, you agree that you have read, understood, and are bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will update the “Last updated” date above when we do so. It is your responsibility to review these Legal Terms periodically. Your continued use of the Services after any changes means you accept the updated Legal Terms.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian. If you are a minor, your parent or guardian must read and agree to these Legal Terms on your behalf before you use the Services.

We recommend that you print or save a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PURCHASES AND PAYMENT
  6. SUBSCRIPTIONS
  7. REFUND POLICY
  8. PROHIBITED ACTIVITIES
  9. USER GENERATED CONTRIBUTIONS
  10. CONTRIBUTION LICENCE
  11. MOBILE APPLICATION LICENCE
  12. SERVICES MANAGEMENT
  13. PRIVACY POLICY
  14. TERM AND TERMINATION
  15. MODIFICATIONS AND INTERRUPTIONS
  16. GOVERNING LAW
  17. DISPUTE RESOLUTION
  18. CORRECTIONS
  19. DISCLAIMER
  20. LIMITATIONS OF LIABILITY
  21. INDEMNIFICATION
  22. USER DATA
  23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  24. CALIFORNIA USERS AND RESIDENTS
  25. MISCELLANEOUS
  26. Legal Protection, Force Majeure, and Limitation of Claim

1. OUR SERVICES

The information provided through the Services is intended for general educational and informational purposes only and is not medical advice. You must not rely on any content within the App as a substitute for professional medical diagnosis, advice, or treatment. Always consult a qualified healthcare professional before making changes to your health, exercise, nutrition, or lifestyle.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (including but not limited to HIPAA, FISMA, or similar health and security frameworks). You must not use the Services in any way that would subject us to such regulations or that would violate financial privacy regulations such as the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property
We are the owner or the licensee of all intellectual property rights in the Services, including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos displayed therein (the “Marks”).

The Content and Marks are provided on an “AS IS” basis for your personal, non-commercial use or internal business purposes only, and are protected by copyright, trademark, and other intellectual property laws and treaties.

Your use of our Services
Subject to your compliance with these Legal Terms and the “Prohibited Activities” section below, we grant you a limited, non-exclusive, non-transferable, revocable licence to:

  • access and use the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as expressly provided in these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in these Legal Terms, please contact us at support@bmass.app.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms and may result in immediate termination of your access to the Services.

Your submissions
By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you acknowledge and agree that:

  • we may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions for any purpose;
  • you waive any moral rights in such Submissions to the extent permitted by law; and
  • you warrant that such Submissions are original to you and do not infringe any third-party rights.

You are solely responsible for your Submissions and agree to reimburse us for any loss or damage we incur due to your breach of this section, any third-party intellectual property rights, or applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update it as necessary;
  3. you have the legal capacity and agree to comply with these Legal Terms;
  4. you are not under the age of 13;
  5. if you are a minor in your jurisdiction, you have received parental or guardian permission;
  6. you will not access the Services through automated or non-human means (bot, script, etc.) except as expressly permitted by us;
  7. you will not use the Services for any illegal or unauthorized purpose; and
  8. your use of the Services will not violate any applicable law or regulation.

If any information you provide is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services.

4. USER REGISTRATION

You may be required to register an account to use some or all of the Services. You agree to keep your password confidential and are fully responsible for all activity under your account. We reserve the right, in our sole discretion, to remove, reclaim, or change any username that we determine is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

The Services may offer in-app purchases or subscriptions through the Apple App Store and/or Google Play Store (the “App Distributors”). Purchases are processed by the respective App Distributor, not directly by us.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and to promptly update this information as needed. Taxes may be added to the price where required by law. Prices may change at any time.

By making a purchase, you authorize the relevant App Distributor to charge your chosen payment method for the total amount due. We reserve the right to correct any pricing errors even after payment has been requested or received.

We may refuse any order or limit or cancel quantities purchased per person, per account, or per payment method, as determined in our sole discretion.

6. SUBSCRIPTIONS

Billing and renewal
If you purchase a subscription, it will automatically renew at the end of each subscription period unless you cancel it at least 24 hours before the end of the current period, in accordance with the terms of the App Distributor. You authorize recurring charges to your payment method until you cancel.

The length of your billing cycle (e.g., weekly, monthly, yearly) depends on the plan you select within the App Distributor’s interface.

Free trial
We may offer a 3-day free trial or other trial period for new users. At the end of the free trial, your account will be charged according to your chosen subscription plan unless you cancel within the trial period via the App Distributor (e.g. Apple ID or Google Play account settings).

Cancellation
You can cancel your subscription at any time through your App Distributor account settings (for example, through your Apple ID subscription settings). Deleting the App alone does not cancel your subscription.

Your cancellation will take effect at the end of the current paid term, and you will retain access to premium features until then.

Fee changes
We may change subscription fees at any time. Where required by law, we will notify you in advance and give you the opportunity to cancel before the new price takes effect.

7. REFUND POLICY

All sales are final. We generally do not offer refunds for subscriptions or in-app purchases, except where required by applicable law or where a refund is directly managed by the App Distributor under its own refund policies.

You may have rights to request a refund directly from Apple or Google according to their respective store policies.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than those for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user, you agree not to:

  • Systematically retrieve data or content from the Services to create or compile a database or directory without our written permission;
  • Trick, defraud, or mislead us or other users;
  • Circumvent, disable, or interfere with security-related features of the Services;
  • Disparage, tarnish, or otherwise harm us or the Services, in our opinion;
  • Use any information obtained from the Services to harass, abuse, or harm another person;
  • Make improper use of our support services or submit false reports of abuse or misconduct;
  • Use the Services in violation of any applicable law or regulation;
  • Engage in unauthorized framing of or linking to the Services;
  • Upload or transmit viruses, malware, or any other material that interferes with the use and enjoyment of the Services;
  • Use any automated system (robot, scraper, offline reader, etc.) to access the Services without our permission;
  • Interfere with, disrupt, or create an undue burden on the Services or networks connected to the Services;
  • Harass, intimidate, or threaten any of our staff or other users;
  • Attempt to bypass any measures designed to restrict access to any portion of the Services;
  • Copy, adapt, reverse engineer, decompile, or disassemble any software comprising or in any way making up a part of the Services except as permitted by law;
  • Use the Services as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise not expressly permitted by us.

9. USER GENERATED CONTRIBUTIONS

At this time, the Services do not offer users the ability to publicly post content within the App (e.g., forums, public comments). If we introduce such features, any content you submit (“Contributions”) may be governed by additional terms and our Privacy Policy.

You remain solely responsible for any Contributions you submit and must ensure they do not infringe any third-party rights or violate any law.

10. CONTRIBUTION LICENCE

Where applicable, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Contributions you submit in connection with operating and improving the Services.

You retain ownership of your Contributions, but you agree that we will not be responsible for any statements or representations in them and that you will not hold us liable in relation to your Contributions.

11. MOBILE APPLICATION LICENCE

Use licence
Subject to your compliance with these Legal Terms, we grant you a revocable, non-exclusive, non-transferable, limited licence to:

  • Install the App on a mobile device you own or control; and
  • Access and use the App on such device,

strictly in accordance with these Legal Terms.

You must not:

  • Decompile, reverse engineer, disassemble, or attempt to derive the source code of the App, except where permitted by law;
  • Modify or create derivative works from the App;
  • Use the App for any purpose for which it is not designed or intended;
  • Make the App available over a network where it could be used by multiple devices or users at the same time;
  • Remove or alter any proprietary notice or label.

Apple and Android devices
If you access the Services via the Apple App Store or Google Play Store:

  • Your licence to use the App is limited to a non-transferable licence on any device you own or control that uses the relevant operating system (iOS or Android), in accordance with the App Distributor’s terms of service;
  • The App Distributor is not responsible for providing any maintenance or support services for the App;
  • In the event the App fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor may refund the purchase price (if any), but the App Distributor will have no further warranty obligation;
  • You represent that you are not located in a country subject to a U.S. government embargo and are not listed on any U.S. government list of prohibited or restricted parties; and
  • The App Distributors are third-party beneficiaries of this mobile application licence and may enforce it against you.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

  1. Monitor the Services for violations of these Legal Terms;
  2. Take legal action against anyone who, in our sole discretion, violates these Legal Terms or applicable law;
  3. Refuse, restrict access to, or limit the availability of the Services, in whole or in part, at any time and for any reason;
  4. Remove from the Services any content or files that are excessive in size or burdensome to our systems; and
  5. Otherwise manage the Services to protect our rights and to ensure they function properly.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at: https://www.bmass.app/privacy.html

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

The Services are hosted in Romania. If you access the Services from another region with laws that differ from those of Romania, you acknowledge that you are transferring your data to Romania and consent to this transfer and processing.

We do not knowingly collect personal information from children under 13 years of age. If we become aware that such data has been collected without verifiable parental consent, we will delete it as soon as reasonably practicable.

14. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services.

We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason, including but not limited to breach of these Legal Terms or applicable law. We may terminate your use of the Services or delete your account at any time, without warning.

If we terminate or suspend your account, you are prohibited from creating a new account under your own name, a fake or borrowed name, or the name of any third party.

We may also pursue appropriate legal action, including civil, criminal, or injunctive remedies.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance.

We cannot guarantee that the Services will always be available. We may experience hardware or software issues, require maintenance, or encounter other problems that may result in downtime. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any interruption.

16. GOVERNING LAW

These Legal Terms are governed by and interpreted in accordance with the laws of Romania, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

If your habitual residence is in the European Union and you are a consumer, you also benefit from any mandatory provisions of consumer protection law in your country of residence.

17. DISPUTE RESOLUTION

Informal negotiations
Before initiating formal dispute resolution, the parties agree to first attempt to resolve any dispute, controversy, or claim relating to these Legal Terms (“Dispute”) informally for at least thirty (30) days. Informal negotiations begin upon written notice from one party to the other.

Binding arbitration
If a Dispute cannot be resolved informally, it shall be finally resolved by binding arbitration administered in accordance with the rules of a recognized European arbitration institution. The seat of arbitration shall be Arad, Romania. The language of the proceedings shall be Romanian, unless otherwise agreed.

Restrictions
To the fullest extent permitted by law:

  • Arbitration shall be conducted on an individual basis only;
  • There shall be no class actions or class-wide arbitration; and
  • You may not bring a claim in a representative capacity on behalf of others.

Nothing in this section prevents either party from seeking injunctive relief or other equitable remedies in a court of competent jurisdiction where appropriate.

18. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, or availability. We reserve the right to correct any errors and to change or update information at any time without prior notice.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE;
  • THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
  • DEFECTS WILL BE CORRECTED; OR
  • THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

20. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

  • ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES; OR
  • ANY LOSS OF PROFIT, REVENUE, DATA, OR OTHER INTANGIBLE LOSSES,

ARISING FROM OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF:

  1. THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
  2. THE EQUIVALENT OF ONE (1) MONTH OF YOUR SUBSCRIPTION FEE FOR YOUR THEN-CURRENT PLAN.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees and expenses) made by any third party due to or arising out of:

  1. Your use of the Services;
  2. Your breach of these Legal Terms;
  3. Any breach of your representations and warranties;
  4. Your violation of any third-party right, including intellectual property rights; or
  5. Any harmful act toward any other user of the Services with whom you connected via the Services.

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you agree to cooperate with our defence of such claims.

22. USER DATA

We may maintain certain data that you transmit to the Services for the purpose of managing performance and improving the Services, as well as data relating to your use of the Services.

Although we perform regular backups, you are solely responsible for all data you transmit or that relates to your activities using the Services. You agree that we shall have no liability for any loss or corruption of such data and waive any right of action arising from such loss or corruption.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Services, sending us emails, or completing forms online, you consent to receive electronic communications from us.

You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You also agree to the use of electronic signatures, contracts, and records, and you waive any rights under any laws requiring non-electronic signatures or records, to the extent permitted by law.

24. CALIFORNIA USERS AND RESIDENTS

If you are a California resident and any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Legal Terms and any policies or rules posted by us on the Services constitute the entire agreement between you and us with respect to the Services.

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

If any provision of these Legal Terms is held to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services.

You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

26. LEGAL PROTECTION, FORCE MAJEURE, AND LIMITATION OF CLAIMS

Force Majeure.
We shall not be held liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, embargoes, government actions, power failures, internet outages, or failures of third-party services such as Apple, Google, or Firebase. You agree that any such events relieve us of performance obligations during their duration.

Waiver of Class Actions and Collective Claims.
You agree that any dispute, claim, or controversy arising out of or relating to these Legal Terms shall be resolved solely on an individual basis and not as part of any class, collective, or representative action. You expressly waive any right to participate in a class action or similar collective proceeding.

Limitation of Damages.
To the fullest extent permitted by law, you agree that you may not seek, recover, or claim any damages from us in excess of the total amount you paid for the Services during the six (6) months preceding the event giving rise to the claim. You further waive any right to pursue indirect, incidental, consequential, punitive, or exemplary damages, even if advised of the possibility of such damages.

Survival of Provisions.
All clauses relating to intellectual property, disclaimers, limitations of liability, indemnification, governing law, dispute resolution, and this Section 27 shall survive any termination of these Legal Terms, discontinuation of the Services, or deletion of your account.

GDPR and Privacy Compliance.
We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) (EU) 2016/679, regarding the collection, processing, and retention of personal data. You acknowledge and consent to such lawful processing in accordance with our Privacy Policy available at https://bmass.app/privacy.html.

Exclusive Communication and Notices.
All legal notices or communications to us shall be delivered by email to geralldthe3rd@gmail.com. You agree that electronic notice constitutes valid written communication for all purposes under applicable law.

Entire Agreement and Acknowledgment.
This Section 27 reinforces all previous limitations and protections under these Legal Terms. By continuing to use the Services, you acknowledge that this document represents the entire, binding agreement between you and the operator of BMass and that you have no additional remedies or claims beyond those expressly stated herein.

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