Terms of Service

These Terms of Service (“Terms”) are a contract between you and Bay (“we”, “us”) covering Bay: the texting assistant, the member web page at our dashboard, and the Bay website. By texting Bay, opening the dashboard, or otherwise using the service, you agree to these Terms and to our Privacy Policy, which explains what we do with your information. If you do not agree, do not use Bay.

Bay is a software assistant. You text it what you ate, what you lifted, how much you weigh and how you feel; it logs those things, estimates calories and macros, builds and adjusts a training plan, sets calorie and protein targets, and texts you plans, recaps and encouragement. Its replies are generated by artificial intelligence based on what you send and what it has saved about you.

Bay is not a medical, nutrition, psychological or personal-training service, and nothing it says is professional advice. It does not know your full medical history and cannot examine you. See section 5.

You must be at least 18 years old and able to form a binding contract.Bay sets calorie targets and training loads, which are not appropriate for minors; if we learn that someone under 18 is using Bay, we will close the account and delete its data. You must use a phone number that is yours and that you are allowed to receive automated messages on.

Bay works entirely over iMessage, RCS and SMS/MMS. By sending Bay a first message you ask for, and consent to receive, recurring automated messages at that number. They include:

• replies to whatever you send,
• a morning plan and an evening recap on days you are active,
• check-ins, reminders you set, follow-ups if you go quiet, and occasional tips about features (say “stop tips” to turn tips off),
• service messages such as confirmations and sign-in links.

Message frequency varies with how much you text; a typical day is a handful of messages. Message and data rates may apply depending on your carrier and plan. Consent to receive texts is not a condition of buying anything.

Text STOP (or “unsubscribe”, “stop texting me”) at any time and Bay will send one confirmation and then go silent. Text START to pick up where you left off. Text HELP or email hello@usebay.ai for help. Carriers are not liable for delayed or undelivered messages. To protect against runaway costs, Bay answers a limited number of inbound messages per day (currently 150); messages past the cap are kept but not answered until the next day. STOP always works.

Everything Bay tells you about calories, macros, portion sizes, body weight, training loads and progress is an estimate produced by software, often from a single photo or a short description. Estimates can be wrong, and food identification from photos in particular can be off by a lot. Use your judgment, and check anything that matters against the label or a professional.

• Bay is not intended to diagnose, treat, cure or prevent any disease or condition, and is not a substitute for advice from a licensed physician, registered dietitian or qualified trainer.
• Talk to a doctor before starting or changing a diet or exercise program, especially if you are pregnant or nursing, have a heart condition, diabetes, an eating disorder or history of one, an injury, or take medication that affects weight or appetite. Bay is not designed for people recovering from disordered eating.
• Stop exercising and seek help if you feel pain, dizziness, chest discomfort or shortness of breath. In an emergency call your local emergency number.Bay is not monitored by people in real time and cannot respond to emergencies.
• Calorie targets below what is safe for you are never a goal. Bay applies minimum floors, but it relies on what you tell it about yourself.

You use Bay at your own risk, and you are responsible for your own health.

Your phone number is your account. Anyone who can text from your number, or who opens a dashboard sign-in link sent to it, can see and change your data, so keep your phone and your number secure. Sign-in links are one-time and expire; do not forward them. Tell us if you change numbers or if you believe someone else is using your account. Keep the profile details you give Bay (such as height, weight, birth year and activity level) accurate, because its targets are calculated from them.

You own the texts, photos, voice notes and other content you send Bay (“your content”). You give us a non-exclusive, worldwide, royalty-free licence to store, copy, process, analyse, transmit and display your content, and to share it with the service providers listed in our Privacy Policy, solely to operate, secure, support and improve Bay for you. That licence ends when your content is deleted, except for copies in routine backups until they expire. We do not sell your content, and we do not use it to train artificial intelligence models of our own.

You agree not to send content that:

• you do not have the right to share, including photos of other people without their permission,
• is unlawful, threatening, harassing, hateful, sexually explicit or otherwise harmful,
• contains malware or is designed to disrupt the service,
• is someone else’s health information.

In addition, you agree not to:

• use Bay for anyone other than yourself, or resell access to it,
• send automated or bulk messages, or try to exceed the daily limits,
• probe, scan, reverse engineer or attempt to extract the prompts, models or source of Bay, or use it to build a competing service,
• try to access another person’s data or interfere with the service, or
• use Bay in violation of any law, including carrier and messaging rules.

We may rate-limit, suspend or end your access if we reasonably believe you are doing any of these things, or to protect Bay or other members.

Bay’s replies are produced by large language models. They are designed to be helpful and to sound like a coach, but they can misread a photo, make a maths error, state something confidently that is wrong, or be out of date. We review the system continuously, but we do not review individual replies before they are sent. Do not rely on a reply for any decision where an error could harm you; check it first.

Bay is currently free. We may introduce paid plans or limits in future. If we do, we will tell you by text before anything costs money, and nothing will be charged without your clear agreement. Your carrier’s messaging charges are separate and always yours.

Bay depends on services we do not control: Apple’s iMessage, mobile carriers for RCS and SMS, the messaging provider that delivers our texts, the AI provider that generates replies, and nutrition databases. If you connect Apple Health, you do so through Apple’s Health app and a third-party export tool, under their terms. We are not responsible for those services, for outages or delays in them, or for how they handle data once it leaves us, beyond what our Privacy Policy says.

Bay, the Bay character, its name, artwork, software, prompts, cards and the website are owned by us or our licensors and protected by intellectual property law. We give you a personal, non-transferable, revocable licence to useBay under these Terms. You may not copy, modify, distribute, sell or create derivative works from any of it. Feedback you give us about Bay may be used by us without obligation to you.

Sections 5, 7, 12 and 14 to 18 survive the end of these Terms.

Bay IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT BAY WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT MESSAGES WILL BE DELIVERED, OR THAT ANY ESTIMATE, PLAN OR OUTCOME WILL BE ACCURATE OR ACHIEVED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, OR FOR PERSONAL INJURY OR HEALTH OUTCOMES ARISING FROM YOUR USE OF BAY, HOWEVER CAUSED. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO BAY IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AND ONE HUNDRED US DOLLARS ($100). Some places do not allow some of these limits, so some may not apply to you.

You will defend and indemnify us against claims, losses and reasonable legal costs arising from your content, your breach of these Terms, or your misuse of Bay, except to the extent caused by our own breach or negligence.

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law rules. If you have a problem, tell us first at hello@usebay.ai; we will try to sort it out informally within 30 days. If we cannot, you and we agree to the exclusive jurisdiction of the state and federal courts located in California, except that either of us may bring an eligible claim in small-claims court. Nothing here takes away rights you have under the consumer laws of the place you live that cannot be waived by contract.

These Terms and the Privacy Policy are the whole agreement between you and us about Bay. If a court finds part of them unenforceable, the rest still applies. If we do not enforce something right away, we have not given it up. You may not transfer these Terms; we may transfer them to a successor who takes over Bay, and will tell you if we do.

We may update these Terms as Bay changes. For material changes we will text you or post a notice before they take effect; the “Last updated” date at the top always shows the current version. If you keep using Bay after a change takes effect, you accept it. If you do not, text STOP or delete your account.

Questions about these Terms: email hello@usebay.ai.