KYGO HEALTH TERMS AND CONDITIONS

Effective Date: September 30, 2025, 2025

Last Updated: December 31, 2025

 

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Kygo Health LLC ("Company," "we," "us," or "our") governing your access to and use of the KYGO mobile application (the "App") and all related services (collectively, the "Service").

BY DOWNLOADING, ACCESSING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

 

2. General Wellness Product - Not Medical Advice

 

2.1 Wellness Product Classification

KYGO is a general wellness product designed to help you maintain or encourage a healthy lifestyle through nutrition tracking and health data correlation. The App is NOT a medical device and is NOT intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.

2.2 No Medical Advice

THE APP DOES NOT PROVIDE MEDICAL ADVICE. All information, content, insights, recommendations, and correlations provided through the App are for informational and educational purposes only. They are not substitutes for professional medical advice, diagnosis, or treatment.

You should always:

• Consult with a qualified healthcare provider before making any health-related decisions

• Seek immediate medical attention for any medical emergency

• Discuss any dietary changes with your doctor, especially if you have existing health conditions

• Never disregard or delay seeking professional medical advice based on information from the App

2.3 FDA Status

This App has not been evaluated or approved by the U.S. Food and Drug Administration (FDA). The App is intended for general wellness purposes consistent with FDA's policy for low-risk wellness devices and software functions.

 

3. Eligibility and Account Registration

 

3.1 Age Requirements

You must be at least 13 years of age to use the App. If you are between 13 and 18 years of age, you may only use the App with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

3.2 Account Registration

To access certain features of the App, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration

• Maintain and promptly update your account information

• Keep your password secure and confidential

• Notify us immediately of any unauthorized use of your account

• Accept responsibility for all activities under your account

 

4. Description of Service

 

4.1 Core Features

• Nutrition tracking and food logging

• Integration with wearable health devices (Oura, Fitbit, Garmin, Apple Health)

• Correlation analysis between nutritional intake and health metrics

• Personalized health insights and recommendations

• Progress tracking and trend visualization

4.2 Third-Party Integrations

The App integrates with third-party services. Your use of these services is subject to their respective terms:

• Oura: Subject to Oura Terms of Service and Privacy Policy (ouraring.com)

• Fitbit: Subject to Fitbit Terms of Service and Privacy Policy (fitbit.com)

• Garmin: Subject to Garmin Terms of Use and Privacy Statement (garmin.com). Data submitted through our app is submitted to Kygo Health, not Garmin.

• Apple HealthKit: Subject to Apple's Terms and Conditions

• USDA FoodData Central: Public nutritional database

We are not responsible for the availability, accuracy, or functionality of third-party services.

 

5. Wearable Device Integration Terms

 

5.1 Authorization and Consent

To use wearable device integration, you must authorize Kygo Health to access your data via OAuth 2.0 authentication. You may revoke this authorization at any time through the respective platform's settings or our App Settings.

5.2 Oura Ring Integration

By connecting your Oura Ring, you acknowledge and agree that:

• We access your Oura data solely to provide health tracking and correlation analysis features

• We comply with the Oura API Agreement and will not use your data for advertising or sale to third parties

• Oura may collect usage data related to our API access

• Your data is cached for no longer than 60 days

• Disconnecting your Oura Ring will stop data collection and trigger deletion of your Oura data from our systems

5.3 Fitbit Integration

By connecting your Fitbit device, you acknowledge and agree that:

• We comply with Fitbit Platform Terms of Service and Fitbit User Data and Developer Policy

• We adhere to Fitbit's Limited Use requirements

• We will never sell, lease, or transfer your Fitbit data to advertisers or data brokers

• Your data is used solely for health and fitness features within this App

• You may revoke access at any time via Fitbit's application settings

5.4 Garmin Integration

By connecting your Garmin device, you acknowledge and agree that:

• We comply with the Garmin Connect Developer Program Agreement

• Data submitted through our App is submitted to Kygo Health, not Garmin; Garmin has no responsibility for data in our possession

• We retain your Garmin data only as long as needed for the App's functionality or as you consent

• You may revoke access at any time via Garmin Connect settings

5.5 Apple HealthKit Integration

By connecting to Apple HealthKit, you acknowledge and agree that:

• We only access HealthKit data types you explicitly authorize

• HealthKit data is used solely for health and fitness features

• We will NEVER use HealthKit data for advertising or marketing purposes

• We will NEVER sell HealthKit data to third parties

• We will NEVER share HealthKit data for data mining purposes unrelated to health

• We will NEVER write false or inaccurate data to HealthKit

• You may revoke permissions at any time via iOS Settings > Health > Data Access & Devices

 

6. Subscription Plans and Payment Terms

 

6.1 Free and Premium Tiers

Free Tier Includes: Basic food logging, 7-day data history, basic correlations, connection to one wearable device.

Premium Subscription Includes: Unlimited data history, advanced correlation analysis, multiple wearable connections, custom detailed reports, priority customer support.

6.2 Subscription Terms

• Subscriptions automatically renew unless canceled before the renewal date

• You may cancel at any time through App Store account settings or by contacting info@kygo.app

• Fees are non-refundable except as required by law

• Pricing changes will be communicated with 30 days' notice

 

7. User Responsibilities and Acceptable Use

 

7.1 Your Responsibilities

• Provide accurate food and nutrition information

• Use the App for personal, non-commercial purposes only

• Comply with all applicable laws and regulations

• Consult healthcare professionals before making significant dietary changes

7.2 Prohibited Activities

You agree NOT to:

• Use the App for any illegal or unauthorized purpose

• Interfere with or disrupt the App's functionality

• Attempt to gain unauthorized access to any part of the Service

• Reverse engineer, decompile, or disassemble the App

• Use automated systems (bots, scrapers) to access the Service

• Resell or redistribute any part of the Service

 

8. Data Accuracy and Disclaimers

 

8.1 Nutritional Data Accuracy

Nutritional information is sourced from third-party databases (primarily USDA FoodData Central). While we strive for accuracy, we do not guarantee that nutritional data is complete, error-free, current, or applicable to all product variations.

8.2 Health Metric Accuracy

Health data from wearable devices is provided by device manufacturers. We do not guarantee the accuracy, reliability, or completeness of this data. Device accuracy may be affected by placement, user activity, environmental conditions, and individual physiological variations.

8.3 Correlation Analysis Disclaimers

IMPORTANT: Correlations presented by the App are based on statistical analysis and DO NOT establish causation. Correlations may be coincidental, influenced by confounding variables, not applicable to all individuals, or based on limited data. Do not make significant health decisions based solely on correlations shown in the App.

 

9. Intellectual Property Rights

The App and all its contents, features, and functionality are owned by Kygo Health LLC and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

 

10. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our Privacy Policy. Our Privacy Policy is available within the App and at kygo.app/privacy.

 

11. Disclaimers and Limitations of Liability

 

11.1 "AS IS" Disclaimer

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION.

11.2 No Warranty of Results

We do not warrant or guarantee any specific results from using the App, including weight loss or gain, improved health metrics, enhanced athletic performance, better sleep quality, or disease prevention.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KYGO HEALTH LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITY, PERSONAL INJURY, OR HEALTH COMPLICATIONS ARISING FROM YOUR USE OF THE APP. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100.00).

11.4 Third-Party Service Provider Disclaimers

These Terms disclaim all warranties on behalf of third-party service providers, including Oura, Fitbit, Garmin, Apple, and others, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Third-party service providers are excluded from all liability for consequential, special, punitive, and indirect damages.

 

12. Indemnification

You agree to indemnify, defend, and hold harmless Kygo Health LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use or misuse of the App, your violation of these Terms, your violation of any rights of any third party, your reliance on information from the App, or health complications arising from dietary changes made using the App.

 

13. Termination

 

13.1 Termination by You

You may terminate your account at any time by deleting your account through App Settings, contacting us at info@kygo.app, or uninstalling the App.

13.2 Termination by Us

We may suspend or terminate your access immediately, without notice, for violation of these Terms, suspected fraudulent activity, non-payment of fees, legal or regulatory requirements, or behavior that harms or could harm Kygo Health LLC or other users.

13.3 Effect of Termination

Upon termination, your right to access the App immediately ceases. We will delete your personal data within 30 days. Upon request, we will certify in writing that your data has been deleted. Provisions that by their nature should survive termination will survive.

 

14. Dispute Resolution

 

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict of law provisions.

14.2 Informal Resolution

Before filing a claim, you agree to contact us at info@kygo.app to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

14.3 Arbitration Agreement

PLEASE READ CAREFULLY. You and Kygo Health LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. 

CLASS ACTION WAIVER: You and Kygo Health LLC agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

 

15. Modifications to Terms

We may modify these Terms at any time. Material changes will be communicated through in-app notifications, email to your registered address, and by updating the "Last Updated" date. Your continued use of the App after changes constitutes acceptance of the modified Terms. If you do not agree to any changes, you must stop using the App.

 

16. Miscellaneous Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kygo Health LLC.

• Severability: If any provision is found unenforceable, the remaining provisions remain in full force.

• Waiver: Our failure to enforce any provision shall not be deemed a waiver of that provision.

• Assignment: You may not assign these Terms without our prior written consent.

• Independent Contractors: No partnership, agency, or joint venture is created by these Terms.

• Force Majeure: We shall not be liable for failures due to circumstances beyond our reasonable control.

 

17. Contact Information

For questions about these Terms:

Email: info@kygo.app

Address: Kygo Health LLC, New York, NY

 

18. Acknowledgment and Acceptance

BY CLICKING "I ACCEPT," DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms

• You agree to be bound by these Terms

• You are at least 13 years of age

• You understand this is a wellness product, not a medical device

• You will not rely solely on the App for medical decisions

• You accept all risks associated with using the App

• You understand the limitations and disclaimers

 

© 2025 Kygo Health LLC. All rights reserved.