Terms and Conditions

1. Introduction and Acceptance

Welcome to FlexToast (the "Service", "Platform", "we", "us", or "our"), operated by Socialflex LLC, a North Carolina limited liability company. These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and Socialflex LLC.

BY ACCESSING, BROWSING, OR USING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. If you do not agree with any part of these Terms, you must immediately discontinue use of the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including users who purchase digital fitness plans and related features offered on FlexToast.

1.1 Language

If we provide translations of these Terms, they are provided for convenience only. To the extent permitted by law, the English version controls in the event of any conflict or inconsistency.

2. Eligibility and User Requirements

2.1 Age Requirement

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you are under 18, you may not use the Service under any circumstances.

2.2 Health and Fitness

By using the Service, you represent and warrant that:

• You are physically capable of participating in physical exercise
• You have consulted with a physician or qualified healthcare provider before beginning any exercise program if you have any pre-existing medical conditions, injuries, cardiovascular issues, or other health concerns
• You understand that exercise involves inherent risks of injury, illness, or death
• You will immediately discontinue any exercise and seek medical attention if you experience pain, discomfort, dizziness, or any concerning symptoms

2.3 Information Accuracy

You agree to provide accurate, current, and complete information when using the Service (including during checkout or any intake questions) and to update such information when appropriate. Providing false or misleading information may result in the suspension or termination of your access.

3. Description of Service

3.1 Overview

FlexToast provides AI-generated fitness and nutrition plans through advanced artificial intelligence technology. Our Service includes:

• AI-Powered Photo Analysis: Automated analysis of uploaded photos to generate a fitness-focused assessment used to personalize your plan
• Personalized Plans: Training and nutrition programming generated by third-party AI provider(s), tailored to your goals, experience level, constraints, and available equipment
• Digital Delivery: Access to your plan via web dashboard and a digital copy delivered to your email (if provided at checkout)

3.2 AI-Generated Content

IMPORTANT: All plans, recommendations, and content provided by the Service are generated entirely by artificial intelligence systems powered by third-party AI provider(s).

NO HUMAN REVIEW: AI-generated content is delivered automatically without review, editing, approval, or oversight by human trainers, nutritionists, medical professionals, or fitness experts.

The Service relies on third-party AI provider(s). Their services are subject to their own terms and limitations, and may change over time.

3.3 What This Service Is NOT

The Service is NOT:

• Medical advice, diagnosis, or treatment
• Professional personal training services
• Nutritionist or dietitian consultation
• Physical therapy or rehabilitation services
• A substitute for professional healthcare or fitness guidance
• Suitable for individuals with medical conditions, injuries, or special health needs without physician approval

3.4 Ask FlexToast AI (Plan Q&A)

Your purchase may include access to an AI-powered Q&A feature (\"Ask FlexToast AI\") that lets you ask follow-up questions about your plan. This feature:

• Is AI-generated and provided without human review
• Is limited to a certain number of questions per plan (the limit shown in your dashboard is the limit that applies)
• Does not provide medical advice and should not be used for emergencies

4. Photo Upload and Derived Data Processing

4.1 Consent to Photo Processing

By uploading photos to the Service, you explicitly consent to the processing of your photos and derived analysis outputs (such as measurements and fitness-focused assessments) by our automated systems and third-party AI provider(s). This processing includes:

• Automated analysis of body composition, muscle development, and physical characteristics
• Deriving measurements and analysis outputs for personalization purposes
• Transmission to and processing by third-party AI provider(s)
• Use in generating your personalized fitness recommendations

4.2 Photo Requirements and Restrictions

You represent and warrant that all photos you upload:

• Are of yourself and not of any other person
• You own or have full legal right and permission to upload
• Do not contain nudity, explicit content, or violate any laws
• Are taken in appropriate fitness attire that allows assessment while remaining modest
• Do not violate any third-party rights including privacy, publicity, or intellectual property rights

4.3 Photo Storage and Retention

Photos are processed by automated systems and are not intended to be permanently stored in our database. We retain only the information needed to provide and support the Service (such as derived analysis outputs and plan data). Photos may be transmitted to third-party AI provider(s) for processing, and their handling is subject to their own policies and data protection practices.

4.4 AI Provider and Data Usage

We use third-party AI provider(s) to process your inputs and generate your personalized plans. Important points about data usage:

• Our Use: We do not use your photos to train proprietary AI models
• Provider Use: We do not authorize our AI provider(s) to use your inputs to train their general models
• Data Retention: AI provider(s) may retain inputs and outputs for a limited period for abuse and security monitoring (often up to 30 days), after which they delete them

4.5 International Data Transfers

Your photos and personal data may be transferred to and processed in countries outside your country of residence, including the United States, where data protection laws may differ from those in your jurisdiction. By using the Service, you consent to such transfers.

5. Payment Terms and Refund Policy

5.1 Pricing

Prices for our paid plans are displayed at the time of purchase. All prices are shown in USD (US dollars) unless otherwise indicated. Prices may be subject to change at our sole discretion; any price changes will not affect orders already placed. The price you see at checkout is the final price you will be charged, plus any applicable taxes.

5.2 Payment Processing

All payments are processed securely by Stripe, Inc. (“Stripe”), a third-party payment processor. Stripe handles the collection and processing of your payment card details on our behalf using industry-standard encryption and PCI-DSS-compliant infrastructure.

We do not store, see, or have access to your full payment card number, CVV, or any other sensitive payment credentials. All card data is collected and processed directly by Stripe on our behalf and is subject to Stripe's Privacy Policy and Terms of Service.

By submitting a payment, you authorize Socialflex LLC (operating FlexToast) to charge the amount displayed at checkout to your provided payment method via Stripe. You represent that you are the authorized holder of the payment method you provide.

Stripe may collect certain data from your device and browser (such as IP address, typing cadence, and mouse movements) as part of its fraud detection and security services (“Stripe Radar”). This data is governed by Stripe's privacy policy.

5.3 Digital Product — Immediate Delivery

YOU ACKNOWLEDGE AND AGREE that the FlexToast Plan is a digital, non-tangible good that is generated and delivered immediately upon successful payment. Once your AI-generated plan has been created and delivered to your dashboard (and email, if provided), the transaction is complete and final.

Where required by applicable law, you may have a statutory right to withdraw from a purchase of digital content within a limited cooling-off period. However, by requesting and receiving immediate delivery of digital content, you may lose that right once delivery begins. If you are a consumer in the EEA/UK and wish to preserve your right of withdrawal, do not proceed with the checkout until you have reviewed your statutory rights.

5.4 Refund Policy

ALL SALES ARE GENERALLY FINAL. Due to the digital nature of our Service, the immediate generation and delivery of AI-generated content, and the significant computational resources consumed in creating your personalized plan, we do not offer refunds, exchanges, credits, or cancellations once your AI-generated plan has been delivered, except where required by applicable law.

If you believe you are entitled to a refund, please contact us at team@flextoast.com within 30 days of your purchase date. We review all refund requests on a case-by-case basis and may issue a refund at our sole discretion or as required by applicable law.

We generally decline refund requests based on:

• Dissatisfaction with the plan content or AI-generated recommendations
• Change of mind or buyer's remorse after delivery
• Inability to follow the plan
• Lack of results or progress
• Technical issues on your end (device, browser, internet connection, etc.)
• Any subjective disagreement with AI-generated recommendations

5.5 Chargebacks and Payment Disputes

5.5.1 Contact Us Before Filing a Dispute

If you have any billing concern, you must contact us at team@flextoast.com before initiating any chargeback or dispute with your bank, card issuer, or Stripe. We commit to responding within 24–48 business hours and will work in good faith to resolve legitimate issues promptly.

5.5.2 Agreement Not to File Unwarranted Disputes

You acknowledge and agree that:

• “Item Not Received” claims are invalid once your plan has been generated and delivered to your dashboard or email
• Dissatisfaction with AI-generated recommendations or plan content does not constitute fraud, non-delivery, or valid grounds for a chargeback
• Disagreement with AI-generated recommendations is not a basis for payment reversal

5.5.3 Consequences of Unwarranted Chargebacks

If you initiate a chargeback or payment dispute for reasons other than actual non-delivery or a verified technical failure, without first attempting resolution through us:

• Access Restriction: We may suspend or terminate your access to the Service
• Evidence Submission: We and/or Stripe will submit relevant evidence including these Terms, your acceptance, delivery confirmation, and usage logs to your financial institution
• Future Purchases: We may restrict future purchases associated with your identifiers to prevent fraud and abuse
• Cost Recovery: To the fullest extent permitted by law, you agree to reimburse us for all chargeback fees, administrative costs, collection expenses, and reasonable attorney's fees incurred as a result of an unwarranted, fraudulent, or bad-faith dispute

5.6 Taxes

You are responsible for any and all taxes applicable to your purchase, including sales tax, VAT, GST, and other transaction taxes, based on your location. Where required by law, Socialflex LLC will collect and remit applicable taxes. The checkout page will display any applicable taxes before you complete your purchase.

6. Disclaimers: AI, Health, and No Guarantees

6.1 AI Limitations

While we use advanced AI technology, you acknowledge and agree that:

• AI is Not Perfect: AI systems may produce errors, inaccuracies, or suboptimal recommendations
• No Guarantees of Accuracy: We do not guarantee accuracy, completeness, reliability, or suitability for your circumstances
• Requires Human Judgment: You must use your own judgment and consult qualified professionals as appropriate
• May Not Be Up-to-Date: AI outputs may not reflect the latest research or best practices

6.2 No Results Guarantee

WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES regarding:

• Achievement of any specific fitness, weight loss, muscle gain, or performance goals
• Timeline or speed of results
• Effectiveness of recommendations for your individual circumstances
• Suitability of exercises or nutrition recommendations for your specific health status

Results vary widely based on genetics, consistency, nutrition, sleep, stress, age, starting point, adherence, and numerous other factors beyond our control.

6.3 Not Medical Advice

THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. All content is for informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking it because of something you have read or received from this Service.

6.4 Exercise Risks and Assumption of Risk

You acknowledge and agree that:

• Inherent Risks: Physical exercise involves risks of injury, illness, disability, or death
• Assumption of All Risks: You voluntarily assume all risks associated with using any plans or recommendations
• Your Responsibility to Stop: You agree to stop any exercise if you experience pain, discomfort, or symptoms of concern

6.5 Nutrition Information

Nutrition recommendations are general suggestions generated by AI and are not personalized dietary advice from a registered dietitian or nutritionist. We do not account for allergies, food sensitivities, medical dietary restrictions, or specific nutritional needs. Consult a qualified nutrition professional before making significant dietary changes.

6.6 No Emergency Services

The Service is not an emergency service. If you are experiencing a medical emergency, call 911 (US), 112 (EU), or your local emergency services immediately.

7. User Conduct and Prohibited Uses

7.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Upload photos of other people without their consent
• Upload inappropriate, explicit, or illegal content
• Attempt to reverse engineer, decompile, or extract the AI models or algorithms
• Use the Service to train competing AI models or services
• Scrape, data mine, or harvest data from the Service
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems (bots, scripts) to access the Service
• Resell, redistribute, or commercially exploit the Service or any content
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Use the Service in any way that could harm, disable, or impair the Service

7.2 Access Security

You are responsible for maintaining the confidentiality of any access links, tokens, or other credentials associated with your purchase and for all activities that occur using them. You agree to notify us immediately of any suspected unauthorized access or security breach.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including all content, features, functionality, software, code, designs, graphics, user interface, and the selection and arrangement thereof, is owned by Socialflex LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

"FlexToast", "FlexToast.com", and related logos and marks are trademarks of Socialflex LLC. You may not use these marks without our express written permission.

All other trademarks, service marks, and trade names referenced on this site are the property of their respective owners. FlexToast is not affiliated with, endorsed by, or sponsored by any third-party trademark holder.

8.2 Your Photos and Content

You retain all ownership rights to photos and personal information you upload. By uploading content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, process, and analyze your photos and information solely for the purpose of:

• Providing the Service (AI analysis and plan generation)
• Transmitting to third-party AI providers for processing
• Improving and maintaining the Service (aggregate, non-identifiable data only)

8.3 Generated Plans - Limited License

AI-generated plans are provided to you for your personal, non-commercial use only. You may:

• Download, print, and use your plan for personal fitness purposes
• Share screenshots or excerpts for personal discussion (social media, friends, etc.)

You may NOT:

• Resell, redistribute, or commercially exploit your plan
• Use your plan as a template for commercial training services
• Claim the plan as your own original work
• Remove copyright notices or branding from the plan

Any Ask FlexToast AI responses are also provided to you under this same personal, non-commercial license.

9. Disclaimers and Warranties

9.1 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Title
• Accuracy, reliability, or completeness of content
• That the Service will be uninterrupted, timely, secure, or error-free
• That defects will be corrected
• That the Service is free of viruses or harmful components

9.2 No Professional Relationship

Use of the Service does not create any professional-client relationship, including but not limited to trainer-client, coach-athlete, nutritionist-client, or doctor-patient relationships. We are not your personal trainer, nutritionist, or healthcare provider.

9.3 Third-Party Services and AI Providers

The Service relies on third-party services including:

• Stripe, Inc.: Processes payment card transactions securely on our behalf; Stripe may also collect device and behavioral data for fraud prevention (Stripe Radar)
• AI Provider(s): Provide AI models that power plan generation and photo analysis
• TikTok, Google, and Meta: We use their APIs and tags for conversion tracking and advertising measurement (see our Privacy Policy for details)
• Infrastructure Providers: Hosting, database, analytics, and email delivery providers

We are not responsible for any failures, errors, inaccuracies, outages, or issues caused by these third-party services, including but not limited to AI models producing incorrect, inappropriate, or suboptimal outputs.

10. Limitation of Liability

10.1 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOCIALFLEX LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE
• ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• ANY DAMAGES RESULTING FROM FOLLOWING AI-GENERATED RECOMMENDATIONS
• ANY ERRORS, INACCURACIES, OR OMISSIONS IN CONTENT
• ANY UNAUTHORIZED ACCESS TO YOUR DATA
• ANY INTERRUPTION OR CESSATION OF THE SERVICE

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Aggregate Liability

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

10.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Socialflex LLC, its officers, directors, employees, agents, licensors, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and court costs) arising from or related to:

• Your use of or inability to use the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your uploaded content, including photos
• Any injury, illness, death, or damages resulting from your use of AI-generated plans or recommendations
• Any fraudulent chargeback or payment dispute you initiate
• Your violation of any applicable laws or regulations

This indemnification obligation will survive termination of these Terms and your use of the Service.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution First

Before filing any claim, you agree to first contact us at team@flextoast.com and attempt to resolve the dispute informally. We commit to working in good faith to resolve disputes within 60 days.

12.2 Mandatory Rights (Important)

Nothing in these Terms affects any rights you have under mandatory consumer protection laws in your country of residence. For example, if you are a consumer in the EEA/UK (or another jurisdiction with similar protections), you may have the right to bring disputes in your local courts and to benefit from mandatory local law. Where arbitration, class-action waivers, or venue selection are prohibited or restricted for consumers, the applicable portions of this section apply only to the extent permitted by law.

12.3 Binding Arbitration (Where Permitted)

IF INFORMAL RESOLUTION FAILS, AND TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT.

The arbitration shall be administered by the American Arbitration Association (AAA) under its applicable rules (including the AAA Consumer Arbitration Rules, if applicable). The arbitration shall be conducted by a single arbitrator and may take place in North Carolina or remotely via videoconference. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

12.4 Arbitration Opt-Out

You may opt out of the arbitration agreement in Section 12.3 by sending an email to team@flextoast.com within 30 days of your purchase. Your email must include: (i) your full name, (ii) the email address you used at checkout (if any), (iii) your Stripe payment confirmation or order reference number (if available), and (iv) a clear statement that you want to opt out of arbitration. If you opt out, you and we agree that disputes will be resolved in court, subject to Section 12.7 and applicable law.

12.5 Exceptions

Either party may pursue claims in small claims court if they qualify. Additionally, either party may seek injunctive or equitable relief in court to prevent infringement or misappropriation of intellectual property rights.

12.6 Class Action Waiver (Where Permitted)

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.7 Governing Law and Venue

Except as limited by mandatory laws in your country of residence, these Terms shall be governed by and construed in accordance with the laws of the State of North Carolina and the United States, without regard to conflict of law principles. Any court proceedings (to the extent not subject to arbitration) shall be brought exclusively in the state or federal courts located in North Carolina, and you consent to personal jurisdiction and venue in such courts.

13. Termination

13.1 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent chargeback or payment dispute
• Abusive or inappropriate conduct
• Suspected fraudulent activity
• At our sole discretion for any or no reason

13.2 Effect of Termination

Upon termination, your right to use the Service will cease immediately. Termination does not entitle you to any refund. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: disclaimers, limitations of liability, indemnification, dispute resolution, and intellectual property provisions.

14. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

Key privacy points (high level):

• We collect information you provide (such as intake responses) and photos you upload
• We may collect an email address if you provide it at checkout or for delivery/support
• Photos and intake data are processed by third-party AI provider(s) to generate your plan
• Photos are not intended to be permanently stored in our database (we retain derived outputs and plan data needed to provide the Service)
• Your data may be transferred internationally (including to the United States)
• You may have rights to access, correct, or delete certain data (contact us)

For full details, please review our Privacy Policy.

15. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to the new terms taking effect by posting a notice on the Service or sending an email to the address you provided at checkout (if any).

What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

We encourage you to review these Terms periodically. The "Last Updated" date at the top of this page indicates when these Terms were last revised.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Service, constitute the entire agreement between you and Socialflex LLC regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired, and the invalid provision shall be reformed to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of Socialflex LLC.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

16.7 Survival

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, limitations of liability, indemnification, dispute resolution, and intellectual property rights.

16.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

17. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at:

18. Acknowledgment