Terms and Conditions

Last updated: October 1, 2026

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software provided by the Company, named Amby, including the Amby iOS app and the Amby web app at https://app.tryamby.com.
  • Application Store means the digital distribution service operated and developed by Apple Inc. (the Apple App Store, including TestFlight) through which the Application has been downloaded.
  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Country/State refers to: California, United States
  • Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to Amby Health Inc..
  • Content refers to content such as text messages, images, audio, or other information that You send to Amby or otherwise make available through the Service, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Service refers to the Application, the Website, and the coaching Amby provides to You by text message (SMS or iMessage).
  • Subscriptions refer to any paid access to the Service that the Company may offer in the future.
  • Terms and Conditions (also referred to as "Terms") means these Terms and Conditions, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service.
  • Third-Party Service means any service provided by a third party that You connect to or sign in with through the Service, such as Apple Health, Garmin Connect™, Strava, Google, or Google Calendar, and any content provided by a third party that is displayed, included, made available, or linked to through the Service.
  • Website refers to Amby, accessible from https://www.tryamby.com/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

You agree to these Terms and Conditions when You tick the box agreeing to them while setting up Amby, and by accessing or using the Service You agree to be bound by them. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

Fees

The Service is currently free. Amby is in an invite-only pilot, and some features may be limited, changed, or withdrawn while We develop it.

If We decide to charge for the Service or any part of it, We will tell You before any fee applies and will describe the price, billing terms, and how to cancel at that time. You will not be charged unless You choose to sign up for a paid Subscription.

Changes to the Service

We may change, suspend, or stop offering all or part of the Service at any time, with or without notice, including features, supported devices, and connected services. We are not liable to You for doing so. If We stop offering the Service altogether, We will try to give You reasonable notice.

User Accounts

When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service.

You sign in to the Service with a one-time code sent to Your mobile phone number, or with a Google account if You signed up that way. You are responsible for keeping control of the phone number and any Google account linked to Your Account, and for any activities or actions under Your Account. Anyone who can read messages sent to Your phone number can sign in to Your Account and talk with Your coach.

You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account, and You should unlink or update Your phone number in Settings if You stop using it.

Connected Services

If You connect a Third-Party Service to the Service, or sign in with one, You authorize the Company to access and use the information made available by that Third-Party Service in accordance with Our Privacy Policy and Your settings with that Third-Party Service. You can disconnect a Third-Party Service at any time in the Application.

The Company does not control and is not responsible for the availability, accuracy, or content of any Third-Party Service, and Your relationship with that Third-Party Service is governed by its own terms and policies.

Your License to Use Amby

Subject to these Terms, the Company grants You a limited, personal, non-exclusive, non-transferable, revocable license to use the Service, and to install and use the Application on devices You own or control, for Your own non-commercial use.

Acceptable Use

You agree not to:

  • use the Service for anyone other than Yourself, or let someone else use Your Account;
  • copy, modify, sell, rent, sublicense, or commercially exploit the Service;
  • reverse engineer, decompile, or try to extract the source code of the Service, except where the law allows it despite this restriction;
  • scrape, crawl, or collect data from the Service by automated means, or use the Service or its output to build a competing product;
  • try to get around the Service's security, gain unauthorized access to it or to other people's data, or disrupt or overload it;
  • upload malware or anything designed to harm the Service or its users; or
  • use the Service in a way that breaks the law or these Terms.

Text Messages

Amby coaches You by text message (SMS or iMessage) sent to the phone number on Your Account. By providing that number, You agree to receive text messages from Amby, including sign-in codes, replies to Your messages, and coaching messages that Amby sends on its own, such as check-ins and reminders at the times You choose. The number of messages varies with Your training and the settings You pick.

You can turn each type of coaching message off in Your settings. You can stop all text messages from Amby at any time by replying STOP, by withdrawing permission for AI coaching in Settings, or by deleting Your Account. Because Amby coaches by text, stopping messages also stops Your coaching. Your mobile carrier's message and data rates may apply. Carriers are not responsible for delayed or undelivered messages.

AI Coaching and Health Information

Not Medical Advice

Amby is a fitness and wellbeing coach. It does not diagnose conditions, does not treat them, and does not give medical advice, and nothing it says replaces a qualified clinician. The Company is not a healthcare provider, and using the Service does not create a doctor-patient or other healthcare relationship. If something hurts, worries You, or is getting worse, speak to a doctor. If You think You have a medical emergency, call Your local emergency number. Do not rely on the Service to detect or respond to an emergency.

Talk to a doctor before starting a new training program, especially if You have a medical condition, an injury, or are pregnant. Exercise carries a risk of injury. You are responsible for deciding what training is safe for You, and You should stop and seek help if You feel pain, dizziness, shortness of breath, or other warning signs.

AI-Generated Coaching

Amby's coaching messages are generated with the help of artificial intelligence, using Your messages and the data You share, and are sent automatically. A person does not review each message before it is sent. AI can make mistakes. Coaching may be incomplete or inaccurate, or may misread Your data or Your messages, so use Your own judgment before acting on it. Data from connected devices and services may also be incomplete or inaccurate.

Before Amby sends Your data to its AI provider, We ask for Your permission. The Privacy Policy explains what is shared and how to withdraw that permission.

Content

Your Content

Our Service allows You to send Content to Amby, such as messages, photos, and audio. You are responsible for the Content that You send, including its legality, reliability, and appropriateness.

You retain any and all of Your rights to Your Content. By sending Content to the Service, You grant Us a license to store, copy, process, and use it to provide, maintain, and improve the Service for You, as described in Our Privacy Policy. We do not make Your Content available to other users of the Service.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) sending Your Content to the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples include:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine- or randomly-generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content designed to disrupt, damage, or limit software, hardware or telecommunications equipment or obtain unauthorized access to data.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to determine whether Content complies with these Terms, refuse or remove Content, and limit or revoke use of the Service.

Content Backups

The Company does not guarantee there will be no loss or corruption of data. The Company will attempt to troubleshoot known issues, but has no liability related to Content integrity or restoration. You agree to maintain an independent copy of any Content You want to keep.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. If You believe copyrighted work has been copied in a way that constitutes infringement through the Service, submit a detailed notice to contact@amby.health. You may be held accountable for damages, costs, and attorneys' fees for misrepresenting that Content infringes Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

A DMCA notification must include an authorized signature; a description of the copyrighted work; identification of the allegedly infringing material and its location; Your contact information; a good-faith statement that the use is unauthorized; and an accurate statement, under penalty of perjury, that You are the copyright owner or authorized to act for the owner. Upon receipt, the Company may remove the challenged content or take other appropriate action.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country/State and foreign countries. Our trademarks and trade dress may not be used without prior written consent.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If such assignment is ineffective, You grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company assumes no responsibility for their content, privacy policies, practices, goods, or services, or for damage arising from their use. We advise You to read their terms and privacy policies.

Third-Party Services

The Company does not own, control, endorse, or assume responsibility for Third-Party Services. Your use of them is governed by their terms and privacy policies.

Apple App Store Terms

If You download the Application from the Apple App Store, including through TestFlight, the following also applies:

  • These Terms are between You and the Company only, not Apple Inc. ("Apple"). The Company, not Apple, is solely responsible for the Application and its content.
  • Your license to the Application is limited to using it on Apple-branded products that You own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
  • Apple has no obligation to provide any maintenance or support for the Application.
  • If the Application fails to conform to any applicable warranty, You may notify Apple, and Apple will refund any purchase price You paid for it. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Application.
  • The Company, not Apple, is responsible for addressing any claims by You or a third party relating to the Application or Your use of it, including product liability claims, claims that the Application fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws.
  • If a third party claims that the Application or Your use of it infringes their intellectual property rights, the Company, not Apple, is responsible for investigating, defending, settling, and discharging that claim.
  • You must comply with any applicable third-party terms when using the Application, such as Your wireless carrier's terms.
  • Questions, complaints, or claims about the Application should be sent to contact@amby.health.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and, once You accept them, may enforce them against You as a third-party beneficiary.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, including if You breach these Terms. Upon termination, Your right to use the Service will cease immediately.

You may stop using the Service at any time, and You can delete Your Account from Settings in the Application. Deleting Your Account is permanent, as described in Our Privacy Policy.

Indemnification

To the extent permitted by law, You agree to defend, indemnify, and hold harmless the Company and its officers, employees, and agents from any claims, losses, liabilities, damages, and expenses, including reasonable attorneys' fees, arising from Your Content, Your misuse of the Service, or Your breach of these Terms or of anyone else's rights. We will tell You about any such claim and may choose to control its defense, in which case You agree to cooperate. You may not settle such a claim without Our written consent.

Limitation of Liability

Notwithstanding any damages You might incur, the entire liability of the Company and its suppliers under these Terms and Your exclusive remedy shall be limited to the amount actually paid by You through the Service or 100 USD if You have not purchased anything through the Service.

To the maximum extent permitted by law, the Company and its suppliers shall not be liable for special, incidental, indirect, or consequential damages, including loss of profits, data, business, personal injury, or privacy arising from the Service, even if advised of the possibility. Where exclusions are not permitted, liability is limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE" with all faults and without warranty of any kind. To the maximum extent permitted by law, the Company, its Affiliates, licensors, and service providers disclaim all express, implied, statutory, and other warranties, including merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, accuracy, reliability, compatibility, security, and freedom from harmful components.

Some jurisdictions do not allow certain warranty exclusions or limitations of consumer rights. In those jurisdictions, these exclusions and limitations apply to the greatest extent enforceable by law.

Governing Law

The laws of the Country/State, excluding its conflicts of law rules, govern these Terms and Your use of the Service. Your use may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve it informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from mandatory provisions of the law of the country in which You reside.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that You are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision is held unenforceable or invalid, it will be interpreted to accomplish its objectives to the greatest extent possible and the remaining provisions will continue in full force.

Waiver

Failure to exercise a right or require performance does not affect a party's ability to do so later, and waiver of one breach does not waive a subsequent breach.

General

Entire agreement. These Terms, together with Our Privacy Policy and Consumer Health Data Privacy Policy, are the entire agreement between You and the Company about the Service.

Assignment. You may not transfer Your rights or obligations under these Terms without Our written consent. We may transfer ours, including as part of a merger, acquisition, or sale of assets.

Events outside Our control. We are not responsible for any delay or failure to perform caused by events beyond Our reasonable control, including outages of carriers, AI providers, connected services, or hosting providers.

Electronic communications. You agree that We may communicate with You electronically, including by text message, email, and notices in the Service, and that these communications satisfy any legal requirement that they be in writing.

Translation Interpretation

These Terms and Conditions may have been translated if We make them available on our Service. You agree that the original English text shall prevail in a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice before new terms take effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after revisions become effective, You agree to be bound by the revised terms. If You do not agree, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: