service: name: MyFitnessPal
sector: Sport
date: 18.12.2020
document: text: MyFitnessPal Terms and Conditions of Use
Effective Date: December 18, 2020
Welcome to MyFitnessPal. These Terms and Conditions of Use apply and govern your use of our
website and mobile application (the “App”) and are designed to create a positive, law-abiding
community of our users. By using MyFitnessPal, you are agreeing to all the terms and conditions
below.
MyFitnessPal, Inc. and any successor entity (referred to throughout as “MyFitnessPal,”
“we” or “us”), offers a variety of content and services through the MyFitnessPal website and App
(collectively, the “Services”).
THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER
IN SECTION 14. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH
MYFITNESSPAL AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN
AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU
CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS
AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THE TERMS. IF YOU
DISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE
OUR SERVICES.
Please note the summaries in shaded boxes at the top of most sections are provided to make the
Terms easier to understand. In the event of a conflict between any summary and any section of the
Terms, the Terms will control.
Please feel free to contact us through our Support Team if you have any questions or suggestions.
1. Use of the Services and Your Account
1.1 Who can use the Services
You must be at least 18 years old to use the Services.
You must be at least 18 to use the Services (unless otherwise specified in the International Terms
section applicable to specific jurisdictions). No individual under the age of 18 may use the Services,
provide any Personal Data (as that term is defined in the Privacy Policy) to us, or otherwise submit
Personal Data through the Services (e.g., a name, address, telephone number, or email address).
1.2 Your Account
You may need to create a MyFitnessPal account to access the Services, and it's important that you
keep your account accurate and up-to-date (particularly your email address - if you ever forget your
password, a working email address is often the only way for us to verify your identity and help you
log back in).
You may need to register for a MyFitnessPal account to access or use certain Services. Your
account may also automatically provide you access and means to use any new Services.
When you create an account for any of our Services, you must provide us with accurate and
complete information as prompted by the account creation and registration process, and keep that
information up to date. Otherwise, some of our Services may not operate correctly, and we may not
be able to contact you with important notices.
You are responsible for maintaining the confidentiality of any and all actions that take place while
using your account, and must notify our Support Team right away of any actual or suspected loss,

theft, or unauthorized use of your account or account password. We are not responsible for any
loss that results from unauthorized use of your username and password.
If you are a resident of the European Union: You have the right to delete your account with us
by contacting our Support Team. If you choose to permanently delete your account, the non-public
Personal Data that we have associated with your account will also be deleted.
1.3 Service Updates, Changes and Limitations
Our Services are constantly evolving. With the launch of new products, services, and features, we
need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain
Services. We may also update our Services, which might not work properly if you don't install the
updates.
The Services change frequently, and their form and functionality may change without prior notice to
you.
We may provide updates (including automatic updates) for certain Services as and when we see
fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or
new features (collectively, “Updates”). Certain portions of our Services may not properly operate if
you do not install all Updates. You acknowledge and agree that the Services may not work properly
if you do not allow such Updates and you expressly consent to automatic Updates. Further, you
agree that the Terms (and any additional modifications of the same) will apply to any and all
Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any
time, including the availability of any product, feature, database, or Content. In addition, we have
no obligation to provide any Updates or to continue to provide or enable any particular features or
functionality of any Service. We may also impose limits on certain Services or restrict your access
to part or all of the Services without notice or liability.
1.4 Service Monitoring and Suspension
We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or
suspend your account or access to the Services at any time.
We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted
through or in any way related to the Services (including inviting a fellow user into a community or
group), as well as any user’s use of or access to Personal Data, and profiles of other users.
We may also deactivate, terminate or suspend your account or access to certain Services at any
time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or
the spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion,
determine you have created risk or possible legal exposure for MyFitnessPal, the general public,
any third party, or any user of our Services, (3) in response to requests by law enforcement or
other government agencies, (4) upon discontinuation or material modification of any Services, or
(5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the
next time you attempt to access your account after any such deactivation, termination or
suspension.
1.5 Security
Please let us know right away if you believe your account has been hacked or compromised.
We care about the security of our users. While we work hard to protect the security of your
Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized
third parties will not be able to defeat our security measures. Please notify our Support
Team immediately of any actual or suspected breach or unauthorized access or use of your
account.

2. Ownership and Use of Content
2.1 Definitions
Content is what shows up in-app or on the website when you use our Services. User-Generated
Content is any Content that is created by you or other users, and MyFitnessPal Content is all other
Content.
For purposes of these Terms, (i) “Content” means any form of information, data or creative
expression and includes, without limitation, video, audio, photographs, images, illustrations,
animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts,
executable files, graphics, geo-data, workouts and workout data, biometric data and data elements
derived therefrom, meal, or fitness training plans, annotations, nutrition information, recipes,
interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other
similar assets, patents, sounds, applications and any intellectual property therein, any of which
may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-
Generated Content” means any Content that a user submits, transfers, or otherwise provides to
or through the use of the Services; and (iii) “MyFitnessPal Content” means all Content that is not
User-Generated Content.
2.2 Ownership
You own the Content that you create, and we own the Content that we create.
All MyFitnessPal Content and all copyright, trademarks, design rights, patents and other intellectual
property rights (registered and unregistered) in and on the Services belong to MyFitnessPal and/or
its partners or applicable third parties. Each user retains ownership, responsibility for, and/or other
applicable rights in the User-Generated Content that he/she creates, but grants a license of that
User Generated Content to MyFitnessPal as explained in Section 2.5 below. MyFitnessPal and/or
its partners or third parties retain ownership, responsibility for and/or other applicable rights in all
MyFitnessPal Content. Except as expressly provided in the Terms, nothing grants you a right or
license to use any MyFitnessPal Content, including any content owned or controlled by any of our
partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or
create derivative works from the material presented through the Services unless specifically
authorized in writing by us.
2.3 Our License to You
You are welcome to access and use the MyFitnessPal Content and Services. We work hard to
provide a great experience for our users, so please respect our intellectual property rights and only
use the MyFitnessPal Content and Services as intended. This includes not using any MyFitnessPal
Content or Services for commercial purposes without our permission. We do have APIs and other
tools you can use to help create your own apps and products. Contact us to find out more.
Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-
transferable, and non-exclusive right and license to access and use the Services and MyFitnessPal
Content for your own personal, noncommercial purposes, provided that you do not (and do not
allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign,
sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the
MyFitnessPal Content or Services.
2.4 Acceptable Usage Guidelines
2.4.1 MyFitnessPal Content. Except as expressly permitted by applicable law or authorized
by MyFitnessPal, you agree not to modify, rent, lease, loan, sell, distribute, or create
derivative works based on the Services, the Services’ software, or any MyFitnessPal Content

offered as part of the Services (other than User-Generated Content), in whole or in part. You
shall not download, copy, or save MyFitnessPal Content, except (i) as expressly permitted by
the functionality of certain Services as provided for in the specific guidelines and/or additional
terms applicable to those Services, or (ii) solely for personal use or your records.
2.4.2 Commercial Usage of the Services. The Services, with the exception of certain
products and services provided though MyFitnessPal branded websites we make available
as tools for website owners (collectively, the “Commercial Tools”), are intended only for
your personal, non-commercial use. You shall not use the Services (other than certain
Commercial Tools) to sell a product or service, increase traffic to your own website or a third-
party website for commercial reasons (such as advertising sales), or otherwise undertake any
endeavor aimed at deriving revenue. For example, you shall not take the results from a
search of the Services and reformat and display them, or mirror our home pages or results
pages on your website. Moreover, you shall not “meta-search” our Services. If you seek to
make commercial use of the Services other than through the Commercial Tools, you must
enter into an agreement with us to do so in advance. To learn more about the Commercial
Tools, please contact us our Support Team. By using any of the Commercial Tools, you
acknowledge and agree to the Terms and any additional terms and conditions applicable to
those select Services.
2.4.3 Linking to the Services. If you would like to link to our Services on your website or
App, please follow these rules: (i) any link to the Services must be a text only link clearly
marked “MyFitnessPal” (without the use of any other trademark, logo copyright or any other
intellectual property asset owned or controlled by MyFitnessPal) or in some other format
directed by us, (ii) the appearance, position and other aspects of the link may not damage or
dilute the goodwill associated with our marks, (iii) the link must “point” to the root domain
name of the Services and not to other pages within the Services, (iv) the appearance,
position and other attributes of the link may not create the false appearance that your
organization or entity is sponsored by, affiliated with, or associated with MyFitnessPal, (v)
when selected, the link must display the Service on full-screen and not within a “frame” on the
linking website or service, and (vi) we reserve the right to revoke its consent to the link at any
time and in its sole discretion, and upon our notification to you of such revocation of consent,
you agree to promptly remove the relevant link.
2.5 Your License to Us
When you post Content in connection with the Services, it belongs to you - however, you're giving
us permission to use that Content in connection with our Services and make the Content available
to others. We can edit or remove your Content from our Services at any time for any reason. Don't
post any Content that is not yours or that you do not have permission to post.
When you provide User-Generated Content to MyFitnessPal through the Services, you grant us
and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable,
worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or
otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without
limitation, in order to conform to the requirements of any networks, devices, services, or media
through which the Services are available), commercialize, create derivative works of, and
otherwise exploit such User-Generated Content in connection with any and all Services. You
acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated
Content in any way we desire; (b) we have no obligation to provide you with any credit when using
your User-Generated Content, but if we choose to provide you with credit, the size and placement
of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other
payment from us in connection with the use of your User-Generated Content.
The rights you grant in this license are for the limited purposes of allowing MyFitnessPal to operate
and allow other users to use the Services in accordance with their functionality, improve the

Services, and develop new Services. Notwithstanding the above, we will not make use of any of
your User-Generated Content in a manner that is inconsistent with our Privacy Policy.
We reserve the right to monitor, remove or modify User-Generated Content for any reason and at
any time, including User-Generated Content we believe violates these Terms, the Community
Guidelines, and/or our policies.
You agree you will respect the intellectual property rights of others. You represent and warrant you
have all the necessary rights to grant MyFitnessPal the foregoing license for all User-Generated
Content you submit in connection with the Services and will indemnify us for any breach of this
representation and warranty.
2.6 Spreading the Word
If you share someone else's Personal Data with us, you must first get their permission.
We hope you enjoy using our Services and encourage you to share your enthusiasm for them with
your friends. If you elect to use the features in our Services to tell a friend about the Services, we
will ask you to provide your friend’s email address or social media profile, which we may then use
to contact your friend about the Services. We may store the information you provide for a period of
time, but we will not post this information publicly. You represent and warrant that you are
authorized to provide any third-party contact information that you provide to us for referrals and will
indemnify us for any breach of this representation and warranty.
2.7 Content Retention
Please keep in mind that when you make something publicly available on the Internet, it becomes
practically impossible to take down all copies of it in the future.
Following termination of your account, or if you remove any User-Generated Content from the
Services, we may retain your User-Generated Content for a commercially reasonable period of
time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Further,
MyFitnessPal and its users may retain and continue to use, store, display, reproduce, share,
modify, create derivative works, perform, and distribute any of your User-Generated Content that
otherwise has been stored or shared through the Services. The license to your User-Generated
Content therefore continues even if you stop using the Services. When you post something
publicly, others may choose to comment on it, making your Content part of a social conversation.
For more information, please review our Privacy Policy.
3. Community Guidelines
3.1 Interactive Areas
Our Services often contain community features. When you post content through these features that
content may become public. We may, but do not always, monitor our community features, and
ultimately you are responsible for your interactions with other users. Please use good judgment
and play fair.
Some of our Services may include reviews, discussion forums, conversation pages, blogs or other
interactive areas or social features that allow you and other users to post User-Generated Content
and interact with one another (“Interactive Areas”). You are solely responsible for your use of the
Interactive Areas and for any User-Generated Content you post, including the transmission,
accuracy and completeness of the User-Generated Content. As the Interactive Areas are often
public, you understand your User-Generated Content may be made and remain public. You should,
accordingly, never post any Personal Data in an Interactive Area.

We are entitled, but have no obligation, to monitor our community features. You are solely
responsible for your interactions with other users, whether online or in person, including but not
limited to comments, challenges, and friendly competition. We assume no responsibility or liability
for any loss or damage resulting from any interaction with other users who employ the Services,
individuals you meet through the Services, or individuals who find you because of Content posted
on, by or through the Services. MyFitnessPal is under no obligation to become involved in and
disclaims all liability related to any disputes between its users and you release MyFitnessPal from
all responsibility and liability arising out of or in connection with such dispute.
3.2 Community Guidelines
Our Services are intended to be a safe and supportive environment to help you reach your fitness
and wellness goals. You cannot use our services to post inappropriate material, harass people,
send spam, violate intellectual property rights, or act inappropriately. Be reasonable and act
responsibly.
Our Services are intended to create a safe and supportive community for all users. To maintain a
safe and positive environment, we require everyone to agree to and follow certain rules
(the “Community Guidelines”) when posting User-Generated Content and using the Services.
Our Community Guidelines are based in many instances on principles of applicable law. Violations
of our Community Guidelines may expose you to criminal charges and civil liability. By using the
Services you agree that your User-Generated Content and use of the Services, including without
limitation the Interactive Areas, will not violate the Community Guidelines. If you violate the
Community Guidelines, we reserve the right to terminate your access to the Services.
No Inappropriate Content. Don’t post Content that is stalking, threatening, hurtful,
harassing, abusive, or embarrassing to other members of the community. No derogatory
references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual
orientation, or endorsement of violence against any person or group, even if couched in
humor, will be permitted. This includes expressing stereotypes about any group or
community. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful,
inflammatory, or that promotes sexually explicit material. You can respectfully disagree with a
message, post or topic, but please do not attack other users by mocking or insulting them. If
you are attacked by another user, and you reciprocate, you may also be subject to the same
consequences.
No Hijacking, Trolling, or Flame-baiting. If you are participating in our forums, please stay
on-topic in an existing thread, and post new threads in the appropriate forum. Taking a thread
off-topic is considered hijacking. This includes posts that provoke or are intended to incite
uproar.
No Promotion of Unsafe Weight-Loss Techniques or Eating Disorders. Use of the
Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted.
Accordingly, please do not contribute the following types of Content, which may be removed
without warning:
Content intended to promote potentially unsafe or controversial weight loss products or
procedures, including non-medically prescribed supplements.
Profiles, groups, messages, posts, or wall comments that encourage anorexia, bulimia,
or very low calorie diets. This includes positive references to ana/mia, purging, or self-
starving.
Photos intended to glamorize extreme thinness.
No Harm to Minors. Don’t use the Services in a way that harms minors (or anyone, really).

No Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation
of the Services, including through unauthorized use, disruption, automated attacks,
exploitation, or abuse of our resources
No Sending Spam and Junk Mail. Don’t spam people via posts, replies, or messages.
No Illegal Content. Don’t advocate, promote, or assist any fraudulent or illegal act (e.g.,
violence, impersonation and computer misuse).
No Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from
any third party, including photographs, telephone numbers, street addresses, last names,
email addresses and passwords in the Interactive Areas.
No Public Posting of Private Conversations. Don’t publicly post an email or private
message from any other user, moderator or administrator.
No Breach of Legal Duty. Don’t post Content in breach of any contractual or other legal duty
owed to a third party.
No Deceptive or Fraudulent Links. Don’t post deceptive or fraudulent links. This includes
links with misleading descriptions, putting the wrong “source” field in a post, setting
misleading click-through links on images, or embedding links to interstitial or pop-up ads.
No Intellectual Property Infringement. Respect the intellectual property of others. If you
aren’t allowed to use someone else’s proprietary work or likeness (either by license or by
legal exceptions and limitations such as fair use), please don’t post it. In particular, if you
have any reason to believe User-Generated Content you see on our Services is infringing
your intellectual property or the intellectual property of others, please see the Intellectual
Property/DMCA section of our Terms.
No Impersonating MyFitnessPal or Others. Don’t post Content that is likely to deceive any
person or be used to impersonate any person, or to misrepresent your identity or affiliation
with any person, including with MyFitnessPal. Creating an account for the purposes of
deceiving other users or to work around a suspension is not permitted and will be grounds for
a permanent ban from the Services.
No Automated Querying. Do not send automated queries of any sort to the systems and
networks we use to provide the Services without our express written permission.
Other. Don’t post any Content that contains anything that, we in our sole determination, may
determine is objectionable or inhibits any other person from using or enjoying the Services, or
that may expose MyFitnessPal or our users to any harm or liability of any kind. Don’t post
content that may damage or dilute the goodwill associated with MyFitnessPal or our, logos
and marks.
If we determine you are violating the Community Guidelines or otherwise have breached the
Terms, we may take actions to address the issue, including, but not limited to, terminating your
right to use the Services, removing your User-Generated Content, taking legal action against you
(in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing
information to law enforcement authorities. We reserve the right to enforce, or not enforce, these
Community Guidelines in our sole discretion, and they don’t create a duty or contractual obligation
for us to act in any particular manner.
3.3 Reporting Objectionable User-Generated Content
People do post inappropriate content on user-generated content sites. We do our best to keep the
community safe and secure (users respecting the Community Guidelines helps), but you still might
run into bad content before we have a chance to take it down. If you spot anything objectionable,
please let us know.

While we require all of our users to comply with the Community Guidelines and reserve the right to
monitor for violations, we ultimately cannot guarantee all users will comply with the Community
Guidelines or these Terms at all times. If you believe any Content submitted to our Services
violates the Community Guidelines, or if you know or suspect someone is misusing your User-
Generated Content, please report it to the Support Team. We have the right, but not the obligation,
to review and take action or remove any User-Generated Content you report. You understand and
acknowledge that when you access or otherwise use the Services, you may be exposed to User-
Generated Content from a variety of sources, and we are not responsible for the accuracy,
usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such
User-Generated Content.
We are not responsible or liable for any injury or harm to you resulting from objectionable User-
Generated Content or another user’s failure to comply with our Community Guidelines.
4. Intellectual Property/ DMCA
We respect intellectual property laws. If anything is wrong, please send an email with all the details
to legal@myfitnesspal.com.
If you believe User-Generated Content or MyFitnessPal Content infringes copyright or trademark
under U.S. or other national law, please notify us immediately using the contact information
provided herein. It is our policy to investigate any allegations of infringement brought to our
attention. Please provide us with the following information in your notice of a suspected violation:
Identification of the material being infringed.
Identification of the material that is claimed to be infringing, including its location, with
sufficient detail so that we are capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address,
telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized
by the owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is
accurate and that the Notifying Party is authorized to make the complaint on behalf of the
owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the
material that has been allegedly infringed.
Your notice must be signed (physically or electronically) and must be addressed as follows:
MyFitnessPal, Inc.

100 Congress Avenue, Suite 400

Austin, TX 78701

Attn: DMCA Requests
You acknowledge that if you fail to comply with all of the requirements of this section, your notice
may not be valid. Some information provided in a notice of infringement may be forwarded to the
user who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA,
any person who knowingly materially misrepresents that material or activity is infringing may be
subject to liability. Please see www.copyright.gov for more information about how to prepare or
respond to a DMCA notice and/or www.uspto.gov/trademark for more information about trademark
rights.

5. Third Party Links and Services
Our Services may link to, interact with or be available on third-party services or products such as
social media and third-party devices. If you access such third-party services or products, be aware
that different terms and privacy policies apply to your usage of such services.
5.1 Social Networking and Logins
You may enable or log in to the Services via various online third-party services, such as social
media and social networking services like Facebook (“Social Networking Services”). To take
advantage of these features and capabilities, we may ask you to authenticate, register for, or log
into Social Networking Services on the websites of their respective providers. As part of this
integration, the Social Networking Services will provide us with access to certain information you
have provided to them, and we will use, store, and disclose such information in accordance with
our Privacy Policy. Please remember the way Third Party Services (including Social Networking
Services) use, store, and disclose your information is governed solely by the policies of those Third
Party Services, and we have no liability or responsibility for the privacy practices or other actions of
any third-party website or service that may be enabled within the Services. In addition, we are not
responsible for the accuracy, availability, or reliability of any information, content, goods, data,
opinions, advice, or statements made available in connection with Social Networking Services. As
such, we are not liable for any damage or loss caused or alleged to be caused by or in connection
with the use of or reliance on any such Social Networking Services.
5.2 Third-Party Applications
You may be able to access certain third-party links, applications, content, services, promotions,
special offers, or other events or activities (“Third-Party Applications”) via our Services. If you
choose to access these Third-Party Applications, you may be requested to log-in and sync your
accounts with such applications. You are in no way obligated to use any Third-Party Applications,
your access and use of such applications is entirely at your own risk, and we have no associated
liability. In addition, we are not responsible for the accuracy, availability, or reliability of any
information, content, goods, data, opinions, advice, or statements made available by any Third-
Party Applications. As such, we are not liable for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any such Third-Party Applications.
5.3 Third Party Products
Our Services may be accessed on third-party devices or other products (“Third Party Products”),
and your ability to use certain features of the Services may require you to purchase Third-Party
Products (e.g., fitness trackers, smart scales, etc.). While we may recommend, promote, or market
the products of certain partners, we have no responsibility for your acquisition or use of any Third-
Party Products, and we do not guarantee that Third-Party Products will function with the Services
or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-
Party Products offered by our partners.
6. Mobile Services
While we strive to make the Services available on many platforms, we can't guarantee that the App
is compatible with your device (though please let Customer Support know if you have a question or
problem; we want to help). If you use the App, your standard data and messaging rates will apply,
and the rules of the app store from which you are downloading will also apply.
6.1 Wireless Carrier and Device Considerations

To use or access our App, you will need a compatible device. We cannot guarantee the App will be
compatible with, or available on, your device. We do not charge for use of the App. Your phone
company’s normal messaging, data, and other rates and fees, however, will still apply. You may be
required pay fees to access certain special features and content included in our Premium
Subscriptions (as described in Section 7).
6.2 Mobile Application License
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable,
revocable license to use the App downloaded directly from a legitimate marketplace, solely in
object code format and solely for your personal use for lawful purposes. With respect to any open
source or third-party code that may be incorporated in the App, such open source code is covered
by the applicable open source or third-party license EULA, if any, authorizing use of such code.
6.3 App Stores
If you download the App from a third-party app store (the “App Provider”), you acknowledge and
agree that:
The Terms are an agreement between us, and not with the App Provider. As between
MyFitnessPal and the App Provider, MyFitnessPal is solely responsible for its applications;
The App Provider has no obligation to provide any maintenance and support services with
respect to the App;
In the event of any failure of the App to conform to any applicable warranty, (i) you may notify
the App Provider and the App Provider may refund the purchase price for the App to you (if
applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have
no other warranty obligation whatsoever with respect to the App, and (iii) any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be, as between MyFitnessPal and the App Provider, MyFitnessPal’s
responsibility;
The App Provider is not responsible for addressing any claims you have relating to the App or
your possession and use of the App;
If a third party claims the App infringes another party’s intellectual property rights, as between
the App Provider and MyFitnessPal, MyFitnessPal will be responsible for the investigation,
defense, settlement and discharge of any such claim to the extent required by these Terms;
The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates
to your license to the App. Upon your acceptance of these Terms, the App Provider will have
the right (and will be deemed to have accepted the right) to enforce these Terms as related to
your license of the App against you as a third-party beneficiary thereof; and
You must also comply with all applicable third-party terms of service when using the App.
7. Paid Services
If you choose to subscribe to any of our enhanced, paid services like our Premium Subscriptions,
these are the payment and billing terms that apply. Paid services and billing may auto-renew
unless you cancel. You may cancel at any time.
7.1 Payment Terms
We offer certain premium versions of the Services (e.g., Premium Subscriptions) (the “Premium
Services”) for a fee. By signing up for and using the Premium Services, you agree to our Terms,

and any additional terms and conditions provided here. You also agree to waive your 14-day right
of withdrawal at the moment you subscribe to the Premium Services to the maximum extent
permitted by applicable law, so that you are able to immediately access them.
The Premium Services provide you access to certain enhanced content, features and functionality
(e.g., setting macros by grams, an ad-free experience and per day ). By signing up for and using
the Premium Services, including signing up for Free Trials of the Premium Services, you agree to
pay any fees or other incurred charges that apply to the Premium Services (such as ongoing
subscription fees).
When you sign up for the Premium Services, you must designate and provide information about
your preferred payment method (“Payment Method”). This information must be complete and
accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect
via automatic debit or ACH from your Payment Method the appropriate fees charged for the
Premium Services and for any other purchases you elect to make via the Services.
You can choose to pay for the Premium Services on a monthly or annual basis. Unless otherwise
stated, all fees due for the Premium Services are payable in advance, and will be billed
automatically to the Payment Method at the start of the monthly or annual Premium Service period,
as applicable. Unless otherwise stated, Premium Services will auto-renew until you elect to cancel
your access to Premium Services. All purchases of Premium Services are final and non-
refundable, except at our sole discretion and in accordance with the rules governing each Premium
Service.
7.2 Termination or Cancellation of Premium Services
If you do not pay the fees or charges due for your use of the Premium Services, we may make
reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or
terminate your access to the Premium Services (and may do so without notice).
You can cancel the Premium Services at any time. More information on how to cancel can be
found here. Once you have cancelled your Premium Service and received confirmation, no other
changes can be made to your account. The cancellation of a Premium Service will go into effect at
the end of your current billing cycle, and you will have the same level of access to the Premium
Service through the remainder of such billing cycle. For example, if you are billed on a monthly
basis and cancel during a given month, you will be charged for the entirety of that month and
maintain access to the Premium Service through the end of that month.
There are no refunds for termination or cancellation of your Premium Service. If you no longer wish
to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due
time, regardless of whether or not you actively use the Premium Service.
7.3 Fee Changes
To the maximum extent permitted by applicable laws, we may change our prices for Premium
Services at any time. We will give you reasonable notice of any such pricing changes by posting
the new prices on or through the applicable Premium Service and/or by sending you an email
notification. If you do not wish to pay the new prices, you can cancel the applicable Premium
Service prior to the change going into effect.
7.4 Discount, Coupon or Gift Codes
If you have received a discount, coupon or gift code to a Premium Service, the following terms and
conditions apply in addition to the terms and conditions of the specific code. To redeem a discount
or coupon code, log in to MyFitnessPal and enter the applicable code to take advantage of the
relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to
Premium Services, and to accounts not already subscribed to Premium Services. Discount, coupon

and gift codes cannot be combined with any other sales, promotion or coupon, and cannot be
exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method
may be required to redeem a discount or coupon code. It is your own responsibility to use a
discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended.
It is also your responsibility to terminate the Premium Service before the end of a free or
discounted period if you do not want to continue with a Premium Service at the regular price. The
terms and conditions of a specific discount, coupon or gift code may include additional restrictions
on its use, including but not limited to the type of plan, duration of free or discounted Premium
Service, coupon validity dates, and/or purchase quantities. MyFitnessPal reserves the right to
cancel discounts and coupon promotions at any time.
7.5 Free Trials
We sometimes offer free trials of our Premium Services or other promotional offers (each a “Free
Trial”). A Free Trial provides you access to the Premium Services for a period of time, with details
specified when you sign up for the offer.
In order to sign up for a Free Trial, you may need to provide us with your preferred Payment
Method. As soon as you submit your payment details, your Free Trial will begin. You will not be
charged until the Free Trial period ends.
Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access
to the Premium Service will automatically continue and you will be billed the applicable fees
for that Premium Service using the Payment Method you provided. All incurred charges are
final and non-refundable, except at our sole discretion and in accordance with the rules governing
each Premium Service. We may send you a reminder when your Free Trial is about to end, but we
do not guarantee any such notifications. It is ultimately your responsibility to know when the Free
Trial will end if you decide you do not want to become a paying Premium Services user after the
Free Trial period.
If you decide you do not want to become a paying Premium Services user, you must cancel your
subscription before the end of the Free Trial period. Depending on the applicable Premium Service,
you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have
cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even
if it was not used for the entire duration of the offer.
Premium Service features and content may change at any time, and we cannot guarantee any
specific feature or content will be available for the entire Free Trial period. The rates in effect when
you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you
otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial
offer, your access to the Premium Services during the Free Trial, or any of these terms without
notice and with no liability. You may not sign up for more than one Free Trial of a given Premium
Service at the same time, and we reserve the right to limit your ability to take advantage of multiple
Free Trials.
8. Fitness and Wellness Activities and Dietary Guidance
It's important to us that users stay healthy while achieving their fitness and wellness goals. Please
be responsible and use your best judgment and common sense. We provide our Services for
information purposes only, and can't be held liable if you suffer an injury or experience a health
condition. In particular, while most of the content posted by the other users in our community is
helpful, it is coming from strangers on the Internet and should never trump good judgment or actual
medical advice.
8.1 Safety First

MyFitnessPal cares about your safety. You should consult with your healthcare provider(s) and
consider the associated risks before using our Services in connection with any fitness or wellness
regimen-oriented Content or any dietary program-oriented Content (“Programs”). By using our
Services, you agree, represent and warrant that you have received consent from your physician to
participate in the Programs, or any of the related activities made available to you in connection with
the Services. Further, you agree, represent and warrant that you have consulted with your
physician before making any dietary changes based upon information available through the
Services. Everyone’s condition and abilities are different, and participating in the Programs and
other activities promoted by our Services is at your own risk. If you choose to participate in the
Programs and these activities, you do so of your own free will and accord, knowingly and
voluntarily assuming all risks associated with such activities. The Programs and other activities
promoted by the Services may pose risks even to those who are currently in good health.
You expressly agree that your athletic activities, which may generate the User-Generated Content
you post or seek to post on or via the Services (e.g., workouts exercises, etc.) carry certain
inherent and significant risks of property damage, bodily injury, or death and that you voluntarily
assume all known and unknown risks associated with these activities.
Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable
law, we are not responsible or liable, either directly or indirectly, for any injury, illness, or damages
sustained from your use of, or inability to use, any Services or features of the Services, including
any Content or activities you access or learn about through our Services even if caused in whole or
part by the action, inaction or negligence of MyFitnessPal or others.
8.2 Disclaimer Regarding Accuracy and Reliance on Content
We make no representations or warranties as to the accuracy, reliability, completeness or
timeliness of any Content available through the Services, and we make no commitment to update
such Content.
In addition, User-Generated Content, including advice, statements, or other information, including,
without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities,
and exercise database entries, are not produced by MyFitnessPal, and should not be relied on
without independent verification. User-Generated Content, whether publicly posted or privately
transmitted, is the sole responsibility of the user from whom such User-Generated Content
originated. All information is provided “as is” without any representation, warranty or condition as to
its accuracy or reliability.
In particular, MyFitnessPal’s food database (“Food Database”) contains a combination of
nutritional information entered by MyFitnessPal and MyFitnessPal members. Any user of the
Services can contribute to or edit nutritional information in the Food Database. Please be advised
that nutritional information in the Food Database has not been reviewed by persons with the
expertise required to provide you with complete, accurate, or reliable information. MyFitnessPal
does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or
ingredients in the Food Database; or (ii) adopt, endorse or accept responsibility for the accuracy or
reliability of any such nutritional information. To the extent permitted by applicable law, under no
circumstances will MyFitnessPal be responsible for any loss or damage resulting from your
reliance on nutritional information. You are solely responsible for ensuring any nutritional
information in the Food Database is accurate, complete and useful.
Not all users who may identify themselves as professional trainers or licensed dieticians are
licensed in all applicable jurisdictions. MyFitnessPal has no and assumes no obligation to verify
that users who identify themselves as licensed trainers or dieticians are actually licensed. If you
hold yourself out as a licensed trainer or dietician, you represent and warrant that you are actually
licensed for the services you provide in the jurisdiction in which you offer your services. Users
should also bear in mind that even if a user is a licensed trainer in one jurisdiction that does not
mean the trainer user is licensed in the jurisdiction from which other users access the trainer user’s
advice. Accordingly, relying on any advice provided by other users is at your own risk. To the extent

permitted by applicable law, under no circumstances will MyFitnessPal be responsible or liable for
any loss or damage resulting from your reliance on information or advice provided by any user of
our Services.
8.3 Not Medical Advice
Any and all services provided by, in and/or through the Services (including but not limited to
Content) are for informational purposes only. MyFitnessPal is not a medical professional, and
MyFitnessPal does not provide medical services or render medical advice. Nothing contained in
the Services should be construed as such advice or diagnosis. The information and reports
generated by us should not be interpreted as a substitute for physician consultation, evaluation, or
treatment, and the information made available on or through the Services should not be relied upon
when making medical decisions, or to diagnose or treat a health condition or illness. YOUR USE
OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN
YOU AND MYFITNESSPAL.
You should seek the advice of a physician or a medical professional with any questions you may
have regarding your health before beginning any dietary programs or plans, exercise regimen or
any other fitness or wellness activities or plans that may be referenced, discussed or offered under
the Services. If you are being treated for a health condition or illness, taking prescription
medication or following a therapeutic diet to treat a disease, you should consult with your physician
before using the Services. You represent to us (which representation shall be deemed to be made
each time you use the Services), that you are not using the Services or participating in any of the
activities offered by the Services for purpose of seeking medical attention. You further agree that,
before using the Services, you will consult your physician, particularly if you are at risk for problems
resulting from exercise or changes in your diet. If any information you receive or obtain from using
the Services is inconsistent with the medical advice from your physician, you should follow the
advice of your physician.
The Premium Services provide you access to certain specialized Content—namely coaching and
guidance on fitness regimens and meal planning (“Plans”). The Plans are not a medical or any
other type of health service. No diagnosis or treatment of, or advice regarding, any dietary or health
condition is delivered by the Plans. The Plans are not a substitute for, and are not an alternative to
healthcare diagnosis and treatment when a dietary or health condition or illness is present. You
should seek diagnosis, treatment and advice regarding dietary or health conditions or illnesses
from physicians practicing medicine and other licensed healthcare professionals. Under no
circumstances will any of your interactions with our Plans be deemed or construed to create a
physician-patient relationship or a fiduciary duty of any kind whatsoever. YOU ARE SOLELY
RESPONSIBLE FOR YOUR INTERACTIONS WITH THE PLANS.
8.4 Success Stories Not Typical
Success stories posted by users or MyFitnessPal on our Services may not represent typical or
even accurate results obtained from any particular fitness activity or diet. To the extent permitted by
applicable law, MyFitnessPal has no and assumes no obligation or liability associated with the
accuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in
any user success stories.
8.5 Accuracy
The Services are intended to provide you with information to encourage you to support your
wellness and fitness activities. Some of the Services are aimed at tracking your physical
movements and sleep activity (“Activity Tracking Services”). These Activity Tracking Services
rely on sensors and/or GPS functionality that track your movement or body at rest. The data and
information provided by the Activity Tracking Services are intended to be a representation of your
activity, but may not be completely accurate, including with respect to step, sleep, distance, or

calorie data. By using Activity Tracking Services, you acknowledge and agree that MyFitnessPal is
not responsible or liable for any inaccuracy in such data.
If you are a resident of New Jersey or the Netherlands:
Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our
responsibility for losses or damages caused by MyFitnessPal’s own fraud, recklessness, gross
negligence or willful misconduct.
9. Modifications to the Terms
As the Services grow and improve, we might have to make changes to these Terms.
9.1 Updates to these Terms
We reserve the right to modify these Terms by (i) posting revised Terms on and/or through the
Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally
via email where practicable, and otherwise through the Services (such as through a notification on
the home page of the MyFitnessPal website or in -app). Modifications will not apply retroactively
unless required by law.
We may sometimes ask you to review and to explicitly agree to or reject a revised version of the
Terms. In such cases, modifications will be effective at the time of your agreement to the modified
version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In
cases where we do not ask for your explicit agreement to a modified version of the Terms, the
modified version of the Terms will become effective as of the date specified in the Terms. Your
choice to maintain an account, access or use the Services (regardless of whether you create an
account with us) following that date constitutes your acceptance of the terms and conditions of the
Terms as modified. If you do not agree to the modifications, you are not permitted to use, and
should discontinue your use of, the Services.
10. No Warranties
EXCEPT WHERE PROHIBITED BY LAW, MYFITNESSPAL EXPRESSLY DISCLAIMS ALL
WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR
WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT
PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you
understand that, to the maximum extent permitted by applicable law, we make no warranty
regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of
any of the Services or any Content. To the maximum extent permitted by applicable law, we do not
warrant that (i) the Services will meet your requirements or provide specific results, (ii) the
operation of the Services will be uninterrupted, virus- or error-free or free from other harmful
elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us
does not and will not create any warranty. To the maximum extent permitted by applicable law, we
also make no representations or warranties of any kind with respect to any Content; User-
Generated Content, in particular, is provided by and is solely the responsibility of the users
providing that Content. No advice or information, whether oral or written, obtained from other users
or through the Services, will create any warranty not expressly made herein. You therefore
expressly acknowledge and agree that use of the Services is at your sole risk and that the entire
risk as to satisfactory quality, performance, accuracy and effort is with you.
11. Limitation of Liability

We are building the best Services we can for you but we can't promise they will be perfect. We're
not liable for various things that could go wrong as a result of your use of the Services.
To the maximum extent permitted by applicable law, under no circumstances (including, without
limitation, negligence) shall MyFitnessPal, its subsidiaries, partners or any wireless carriers be
liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive,
or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill,
or other intangible losses; (c) damages relating to your access to, use of, or inability to access or
use the Services; (d) damages relating to any conduct or Content of any third party or user of the
Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e)
damages in any manner relating to any Third-Party Content or Third-party Products accessed or
used via the Services. To the maximum extent permitted by applicable law, this limitation applies to
all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not
MyFitnessPal has been informed of the possibility of such damage, and further where a remedy set
forth herein is found to have failed its essential purpose. To the maximum extent permitted by
applicable law, the total liability of MyFitnessPal, for any claim under these Terms, including for any
implied warranties, is limited to the greater of five hundred dollars (us $500.00) or the amount you
paid us to use the applicable Service(s) in the past twelve months.
In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of
(a) your use of the Services, (b) the use, disclosure, display, or maintenance of a user’s Personal
Data, (c) any other interactions with us or any other users of the Services, even if we have been
advised of the possibility of such damages, or (d) other Content, information, services or goods
received through or advertised on the Services or received through any links provided with the
Services.
To the extent permitted by applicable law, you acknowledge and agree that we offer the Services
and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of
liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability
reflect a reasonable and fair allocation of risk between you and form an essential basis of the
bargain between you and us. We would not be able to provide the Services to you on an
economically reasonable basis without these warranty disclaimers, releases, and limitations of
liability.
If you are a resident of California: You waive your rights with respect to California Civil Code
Section 1542, which says “a general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release, which, if known by him
must have materially affected his settlement with the debtor.”
If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in
these Terms limits or excludes our responsibility for losses or damages caused by MyFitnessPal’s
own fraud, recklessness, gross negligence or willful misconduct.
12. Indemnification
If you are a resident of the United States or any location other than France or Germany: To
the maximum extent permitted by applicable law, you agree to indemnify and hold MyFitnessPal,
its affiliates and partners harmless from any claim or demand, including reasonable accounting and
attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content
you access or share through the Services; (b) your use of the Services, (c) your activities in
connection with the Services, (d) your connection to the Services, (e) your violation of these Terms,
(f) your use or misuse of any user’s Personal Data, (g) any violation of the rights of any other
person or entity by you, or (h) your employment of the Services to meet another user in person. We
reserve the right, at your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us under the Terms, and you agree to cooperate with our
defense of these claims.

If you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree
to indemnify and hold MyFitnessPal, its affiliates and partners harmless from any claim or demand
as result of your negligent or intentional behavior, including reasonable accounting and attorneys’
fees, made by any third party due to or arising out of (a) the Content (including User-Generated
Content) you access through the Services; (b) your violation of these Terms, (c) your use or misuse
of any user’s Personal Data, (d) any violation of the rights of any other person or entity by you, or
(e) your employment of the Services to meet another user in person. We reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are required to
indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in
these Terms imposes an obligation for you to indemnify us from claims arising out of
MyFitnessPal’s own fraud, recklessness, gross negligence or willful misconduct.
13. Governing Law
If you are a resident of the United States or any non-European Union location: These Terms
shall be governed by and construed in accordance with the laws of the New York and controlling
U.S. federal law as applicable, without regard to its conflict of law principles.
If you are a resident of the European Union: These Terms shall be governed by and construed
in accordance with the laws of the Netherlands, without regard to its conflict of law principles.
14. Disputes and Arbitration, Class Action Waiver,
Jurisdiction and Venue
If you are a resident of the United States:
Arbitration Agreement
YOU AND MYFITNESSPAL AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF
OR RELATED TO YOUR USE OF THE SERVICE (A “DISPUTE”) TO BINDING ARBITRATION. To
the maximum extent permitted by applicable law, you and MyFitnessPal agrees that any disputes
arising out of or related to your use of the Services (a “Dispute”) will be resolved by binding
arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall
govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”).
In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is
more limited than in court, and the arbitrator's decision is subject to limited review by courts. The
arbitrator can award on an individual basis the same damages and relief as a court, including
monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may
be entered in any court having jurisdiction thereof. Such dispute resolution proceedings will be
conducted only on an individual basis and not in a class, consolidated or representative action.
Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of
Disputes relating to your general use of the Services under the Consumer Arbitration Rules of the
American Arbitration Association. Please visit www.adr.org for more information about arbitration.
Any arbitration between you and us, to the extent necessary, will be conducted remotely as
provided below.
The arbitration will be conducted in English. A single independent and impartial arbitrator will be
appointed pursuant to the rules of the American Arbitration Association. The arbitrator will decide
all issues relating to the enforceability, interpretation, scope, and application of this Arbitration
Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is
unconscionable or illusory and any defense to arbitration), and these Terms, except that a court
may resolve any question regarding the validity or enforceability of the class action waiver set forth

in this Arbitration Agreement. The term "Dispute" and the requirement to arbitrate will be broadly
interpreted.
Both you and we agree to comply with the following rules, which are intended to streamline the
dispute resolution process and reduce the costs and burdens for everyone involved:
the arbitration will be conducted by telephone, online and/or be solely based on written
submissions, the specific manner to be chosen by the party initiating the arbitration;
the arbitration will not require any personal appearance by the parties or witnesses unless
otherwise mutually agreed in writing by the parties; and
any judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days
from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional
30 days in the interests of justice. All arbitration proceedings will be closed to the public and
confidential and all records relating thereto will be permanently sealed, except as necessary to
obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and
will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with us arising out of or
relating to your choice to maintain an account, access or use the Services:
You are giving up your right to have a trial by jury;
You are giving up your right to serve as a representative, as a private attorney general, or in
any other representative capacity, or to participate as a member of a class of claimants, in
any lawsuit involving any such dispute; and
You must file any claim within one (1) year after such claim arose or it is forever barred.
Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration
Association’s rules. MyFitnessPal will reimburse you for those fees up to $5,000, unless the
arbitrator determines your claims are frivolous. Likewise, MyFitnessPal will not seek attorneys' fees
and costs in arbitration unless the arbitrator determines your claims are frivolous.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT,
YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU
OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1)
THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR
ASSENTED TO AN AGREEMENT WITH MYFITNESS PAL THAT CONTAINED AN ARBITRATION
PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and
emailed to: legal@myfitnesspal.com. The opt-out notice must state that you do not agree to this
Arbitration Agreement and must include your name, address, phone number and email address.
This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply
strictly with this procedure and the applicable deadline automatically will render the opt-out notice
null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement
will continue to apply.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms
between us will be subject to the jurisdiction of the state and federal courts located in New York,
New York, and you and we hereby submit to the personal jurisdiction and venue of these courts.
You and MyFitnessPal agree that if for any reason a Dispute proceeds in court rather than
arbitration: (1) you and MyFitnessPal waive any right to a jury trial; (2) the Dispute will proceed
solely on an individual, non-class, non-representative basis; and (3) neither you nor MyFitnessPal
may be a class representative or class member or otherwise participate in any class,
representative, consolidated, or private attorney general proceeding.

This agreement to arbitrate will not preclude you or MyFitnessPal from seeking provisional
remedies in aid of arbitration, including without limitation orders to stay a court action, compel
arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this
agreement to arbitrate will not preclude you or MyFitnessPal from (i) applying to the appropriate
court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other
interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for
disputes related to a violation or possible violation of MyFitnessPal’s intellectual property rights.
If you are a resident of the European Union: Notwithstanding anything in these Terms to the
contrary, if there is a dispute that you and MyFitnessPal cannot resolve, you have the right to
submit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these
Terms, we do not participate in any ADR scheme.
In addition, nothing in these Terms limits your rights to bring an action against MyFitnessPal
in the local courts of your place of domicile. All disputes arising under the Terms between you
and MyFitnessPal will be subject to the non-exclusive jurisdiction of the courts located in your
place of domicile, or the courts located in the Netherlands, and you and we hereby submit to
the personal jurisdiction and venue of these courts.
If you are a resident of Finland: Notwithstanding anything in these Terms to the contrary, if there
is a dispute that you and MyFitnessPal cannot resolve, you have the right to submit a complaint to
the local Consumer Disputes Board or other corresponding body.
If you are a resident of Denmark: Notwithstanding anything in these Terms to the contrary, if
there is a dispute that you and MyFitnessPal cannot resolve, you have the right to submit a
complaint to the Danish Competition and Consumer Authority (Konkurrence- og
Forbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby,
mail: cfk@kfst.dk).
If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary,
nothing in these Terms limits your rights to bring an action against MyFitnessPal in the local courts
of your place of domicile.
15. International Terms
If you are not a United States resident and you are accessing our Services from outside the United
States, you agree to transfer certain information outside your location to us, and that you will follow
all the laws that apply to you.
We provide our Services for a global community of users. Our servers and operations are,
however, located primarily in the United States, and our policies and procedures are based
primarily on United States law. Because of this, the following provisions apply specifically to users
located outside of the United States: (i) you consent to the transfer, storage, and processing of your
information, including but not limited to User-Generated Content and any Personal Data, to and in
the United States and/or other countries; (ii) if you are using the Services from a location
embargoed by the United States, or are on the United States Treasury Department’s list of
“Specially Designated Nationals,” you are not authorized to access or make use of the Services;
and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation,
all laws, rules, and regulations in effect in the location in which you reside and the location from
which you access the Services. The Services are not intended for distribution to, or use by, any
person or entity in any jurisdiction or location where such distribution or use would be contrary to
law or regulation, or which that would subject MyFitnessPal or its affiliates to any registration
requirement within such jurisdiction or location.
The names used for countries or regions in these Terms, the Privacy Policy and any associated
features or documentation are based on the United Nations Terminology Database.

If you are a resident of the European Union, Hong Kong (SAR of China), Russia, New
Zealand or South Korea: Notwithstanding anything in these Terms to the contrary, please note
that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or
damages under mandatory law, so some of the exclusions and limitations in these Terms may not
apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent
representations made by us, (2) death or personal injury caused by our negligence or willful
misconduct, or (3) non-execution of any material contractual obligation.
If you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary,
nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the
purposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.
If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these
Terms to the contrary, the qualifier “to the maximum extent permitted by law” and other qualifiers of
similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have
no force and effect.
If you are a resident of Japan: Notwithstanding anything in these Terms to the contrary, nothing
in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes
of the Consumer Contract Act.
If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary,
any modification to these Terms will be announced on the website prior to the effective date
thereof; provided if you do not express intent to refuse such modification or change after a
reasonable period of time following such announcement, it is deemed that you have consented to
such modification or change.
16. Survival
If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and
any provision of these Terms that must survive in order to give proper effect to the intent and
purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership
and Use of Content), 8 (Fitness and Wellness Activities and Dietary Guidance), 10 (No
Warranties), 11 (Limitations of Liability), 12 (Indemnification), 14 (Disputes and Arbitration,
Jurisdiction and Venue), and 16 (Survival).
17. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and us as a result of the Terms or your use of the Services. The Terms constitute the entire
agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of
such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full
force and effect.
You may not assign, delegate, or otherwise transfer your account or your obligations under these
Terms without our prior written consent. We have the right, in our sole discretion, to transfer or
assign all or any part of our rights under these Terms and will have the right to delegate or use
third-party contractors to fulfill our duties and obligations under these Terms and in connection with
the Services.
Our notice to you via email, regular mail, or notices or links displayed in connection with the
Services constitutes acceptable notice to you under the Terms. We are not responsible for your
failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam”

folder) or if you fail to update your email address. Notice will be considered received forty-eight
hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via
links displayed in connection with the Services, then it will be considered received twenty-four
hours after it is first displayed.
18. Contact Us
If you have any feedback, questions or comments about the Services, please contact our Support
Team as detailed here by email or by mail at: MyFitnessPal, Inc., 100 Congress Avenue, Suite 400,
Austin, TX 78701, and include the subject as “Attn: –MyFitnessPal Terms and Conditions of Use”.
Please be sure to include in any email or postal mail your full name, email address, postal address,
and any message.