Legal

Terms & Conditions

Last updated: September 2026

Terms of Service

Last Updated: September 2026 · Effective Date: September 2026

PLEASE READ THESE TERMS CAREFULLY

THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES AND CLASS ACTION WAIVER TERMS APPLY. YOU AGREE TO SUBMIT DISPUTES TO AN ARBITRATOR AND NOT TO SUE IN COURT IN FRONT OF A JUDGE OR JURY, EXCEPT IN A SMALL CLAIMS COURT. SEE SECTION 21.

1. Introduction

1.1. These Terms of Service (the "Terms") apply to the MetriqBear websites, mobile applications (the "MetriqBear" application for iOS and Android), online platforms, and digital products and services (the "Services") owned and provided by MetriqBear ("MetriqBear," "we," "us," or "our"). MetriqBear can be contacted at support@metriqbear.fit.

1.2. You must read the provisions of these Terms carefully if you wish to use the Services.

2. Acceptance

2.1. By using the Services, you agree to be bound by the provisions of these Terms. You acknowledge that you have read these Terms, and that you accept these Terms and any amendments made to them by MetriqBear from time to time. If you do not agree to and accept these Terms, you must not make any use of the Services and you must delete all applications through which they are provided.

2.2. MetriqBear reserves the right to amend or amplify these Terms or any of their provisions from time to time. By continuing to use the Services, you agree to keep yourself up to date with the latest version of these Terms, and to such amendments or amplifications from time to time. Each time you access the Services, you agree to be bound by the Terms in effect at that time.

2.3. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence (whichever is greater), to use the Services and purchase any subscription for them.

3. Grant of Rights and Use of the Services

3.1. MetriqBear grants you the rights to access and use the Services, upon acceptance of these Terms. These rights are personal, revocable, non-transferable, non-sublicensable, limited, and non-exclusive. All rights not expressly granted under these Terms are reserved by MetriqBear.

3.2. You may use the Services only for as long as you fully abide by these Terms.

4. Login Information and Responsibility for Account Credentials

4.1. If you log into the Services via Apple, Google, or any third-party service, you consent to MetriqBear accessing such information as may be publicly available to MetriqBear through such third-party service.

4.2. You are solely responsible for maintaining the confidentiality of your login credentials, including any username, password, OTP codes, or authentication method associated with your account. You must not share your credentials with any third party or allow anyone else to access the Services using your account. You shall be responsible for all access to the Services with your login credentials. When your login credentials have been used, MetriqBear shall be entitled to assume that such use and all related communications emanate from you. MetriqBear shall not be liable for any loss or damage arising from unauthorized use of your login credentials. If you become aware of a breach of the confidentiality of your login credentials, you must immediately reset your password. MetriqBear may require you to change your username, password, or other login credentials at any time.

5. Subscriptions

5.1. You may obtain a subscription to use the Services. Subscriptions renew on a periodic basis (monthly or yearly, as selected) unless you indicate and request non-renewal using the subscriptions management function on your mobile device.

5.2. Free Trial. New accounts include a 7-day full-access free trial. One trial per person. No payment card is required to start the trial. After the trial ends, Premium features lock until you subscribe; your data remains readable and intact. Trial data is deleted 38 days after trial start if you never subscribe.

5.3. Subscription Plans. After the trial, Premium costs $5.99/month or $49.99/year (prices in USD before applicable store taxes). The yearly plan provides approximately two months free versus the monthly price.

5.4. Cancel Anytime. You can cancel your subscription renewal at any time through your Apple App Store or Google Play Store account settings. Canceling stops future charges, and you keep access until your current billing period ends. It does not automatically trigger a refund for past charges.

5.5. Subscriptions are purchased from and billed by your mobile application provider (Google or Apple) from which you originally downloaded the application (the "Services Provider"). Subscriptions, including terminations and renewals, are subject to the Services Provider's terms and conditions. You must contact your Services Provider if you have a query regarding billing or refunds.

5.6. Refunds. Refunds follow the refund policy of your Services Provider. MetriqBear additionally approves goodwill refunds for verified technical failures within 14 days of purchase; contact support@metriqbear.fit.

5.7. Price Changes. Existing subscribers keep their locked price; increases apply only to new sign-ups and will be announced at least 30 days in advance.

5.8. Fair Use. AI-powered meal scans are subject to a daily fair-use limit (20 per day for Premium subscribers, 3 per day during the trial). This limit exists because vision inference is a significant cost to MetriqBear and prevents abuse that would degrade the service for all users. Voice parsing shares this fair-use pool. Barcode scans are unlimited. Unused scans do not roll over and reset at midnight local time.

5.9. Lapsed Accounts. Lapsed paid accounts (those that never resubscribe) are deleted 13 months after the subscription ends, following a 30-day email warning. You may export your data anytime before deletion via Profile → Export My Data.

6. Enhancements and Support

6.1. Although you may receive access to Services enhancements, upgrades, later releases, or versions, you have no general right thereto. These are made available in the sole and absolute discretion of MetriqBear, and MetriqBear shall have no obligation to make them available.

6.2. You have no general right to support in respect of the Services. MetriqBear may, in its discretion, make support available by way of tutorials, email support, and online content. Free users receive community-level support; monthly subscribers receive email support (typically within 48 hours); yearly subscribers receive priority support (typically within 24 hours).

7. Obligations and Prohibitions

7.1. You shall use the Services only in compliance with all applicable laws, rules, and regulations.

7.2. You shall access and download the Services from authorized distribution platforms only and you shall not obtain them from or through any other source. You shall use the Services on legitimate, authorized devices only. For security reasons, MetriqBear reserves the right to terminate your usage of the Services if you have obtained it from an unauthorized source or if you use them on an unauthorized or illegitimate device.

7.3. You shall not sub-license or make available to any other party the Services or the rights granted to you under these Terms.

7.4. You shall not use the Services otherwise than in compliance with the provisions of these Terms. You shall not:

  • use the Services for any commercial or business purpose, unless expressly authorized by MetriqBear;
  • mirror, frame, disassemble, decompile, extract source code from, reverse engineer, or create derivative works based on the Services;
  • duplicate, copy or reproduce the Services, any related code, or other materials relating to the Services, except as provided for in these Terms;
  • sell, transfer, transmit, publish, distribute or make the Services or any copies thereof available to any other party;
  • alter or remove any notices or trademarks used on or in relation to the Services;
  • attempt to gain unauthorized access to any part or features of the Services or avoid, bypass, or circumvent any restrictions or protective features of the Services;
  • test, probe, or scan the vulnerability of the Services or breach any of the security or authentication measures of the Services;
  • interfere with the proper working of the Services, including, without limitation, by overloading or the use of viruses or malicious code;
  • use the Services in any unlawful or illegal manner, including, without limitation, to upload, post, or transmit any unlawful content or materials, or to use them to generate or distribute content that is illegal, harmful, misleading, violent, sexually explicit, or violates the rights of others;
  • copy, distribute, clone, or index any of the Services' content without MetriqBear's express prior written consent;
  • use robots, spiders, scrapers, crawlers, or any automated means, including tools used to collect data for machine learning, artificial intelligence, or model training, to access, extract, or index the Services;
  • in any manner make the Services available to multiple users; or
  • use the Services or any part of it to create or market any product or service that competes with the Services.

8. User Content

8.1. The Services may allow you to upload, transmit, or post content including, without limitation, images, photographs, text, meal logs, body weight, progress photos, and other information or materials ("User Content").

8.2. You warrant and represent that User Content uploaded, transmitted, or posted by you:

  • shall be your own original work and shall not infringe, violate, or misappropriate any rights of any third party;
  • shall not contain anyone else's work or be owned by or subject to the rights of any third party;
  • shall be complete and accurate, and not deceptive, false, misleading, or fraudulent;
  • shall not be illegal, unlawful, obscene, vulgar, profane, abusive, threatening, defamatory, invasive of privacy or publicity rights, or otherwise objectionable; and
  • shall not promote or encourage any harassment, harm, hatred, discrimination, violence, illegal or harmful substances or activities, or any unlawful or illegal conduct.

8.3. MetriqBear reserves the right, consistent with applicable law, to determine whether any User Content violates these Terms, and to take actions including to edit, refuse, or remove the User Content, and/or to limit or revoke your use of the Services.

8.4. You grant to MetriqBear and its subsidiaries and affiliates the irrevocable, non-exclusive, sub-licensable, transferable, worldwide, royalty-free, perpetual rights and license to use, copy, distribute, transmit, edit, and modify User Content in any format, manner or media now or later developed without any payment due to you. This license is for purposes of operating, promoting, and improving the Services. MetriqBear shall be free to copy, adapt, distribute and disclose to third parties any such User Content for any purpose in any form throughout the world in perpetuity. However, there may be settings in the Services that allow you to limit the scope of MetriqBear's use of User Content, and MetriqBear will publicly display your User Content only if you have made it visible to others.

8.5. Product Images. The Services may allow you to upload images of products, including (without limitation) product labels, nutrition information, ingredients lists, and back and front of pack images ("Product Images"). You hereby grant to MetriqBear the irrevocable, non-exclusive, sub-licensable, transferable, worldwide, royalty-free, perpetual rights and license to use, copy, distribute, transmit, edit, and modify such Product Images in any format for any purpose (whether commercial, advertising, or otherwise). You hereby waive any moral rights or rights of personality, privacy, or publicity that you may have in the Product Images.

9. Workouts and Training Content

9.1. The Services may allow users to view, log, or otherwise interact with workouts, routines, and training materials ("Workout Content").

9.2. MetriqBear disclaims responsibility for determining whether any Workout Content is appropriate for your fitness level, health status, or goals. You are solely responsible for consulting a qualified professional before beginning any new exercise regimen.

9.3. Workout Content provided by MetriqBear is for informational and educational purposes only. It is not personalized medical or fitness advice.

10. Intellectual Property

10.1. MetriqBear owns and retains all intellectual property rights in and to the Services and all related code (the "Intellectual Property"). This includes all interests, ownership rights and title in the Services and all content on it, including, without limitation, computer code, copyrights, patents, trademarks, trade names, titles, designs, trade secrets, and methods of operation. You shall not during or at any time after the expiry or termination of these Terms in any manner, question or dispute the ownership by MetriqBear.

10.2. You agree:

  • not to use or register any trademarks, trade names, or logos that are or incorporate marks that are the same as or confusingly similar to the trademarks used on or in relation to the Services;
  • not at any time to do or cause to be done any act or thing in any way that will impair or tend to impair any part of MetriqBear's rights, title, and interest in and to the Intellectual Property; and
  • not in any way to make unauthorized use of the Intellectual Property or to represent that you have any rights of any nature in any of the Intellectual Property.

11. Copyright Infringement

11.1. If you are a copyright owner, or authorized on behalf of one, and you believe that a copyrighted work has been copied in a way that constitutes copyright infringement on or through the Services, you must submit your notice in writing to the attention of our copyright agent to support@metriqbear.fit and include in your notice a detailed description of the alleged infringement.

11.2. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
  • A description of the copyrighted work that you claim has been infringed.
  • Identification of the material you claim is infringing or is subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable MetriqBear to locate the material.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

11.3. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any User Content is infringing your copyright.

11.4. If you believe that your User Content should not have been removed for alleged copyright or trademark infringement, you may send MetriqBear a written counter-notice with the following information:

  • Identification of the copyrighted work that was removed, and the location on the Services where it would have been found prior to its removal.
  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification.
  • A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which MetriqBear is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to MetriqBear, or an agent of such person.
  • Your physical or electronic signature, together with your contact information.

12. Duration and Termination

12.1. These Terms will become binding on you from the date on which you commence any use of the Services. These Terms and your rights to use the Services shall terminate upon MetriqBear terminating your use of the Services and/or these Terms.

12.2. If you breach any of these Terms or in any other way interact with or use the Services in any illegal, unlawful, or unauthorized manner, MetriqBear shall be entitled to terminate your access to the Services immediately, without prior notice and without any liability on MetriqBear's part and without prejudice to MetriqBear's rights in terms of these Terms or at law.

12.3. If you uninstall or delete the Services, you will no longer be able to access the Services' functionality and you will not be entitled to any refund of any amount paid for a subscription. You may request permanent deletion of your data by following the instructions at metriqbear.fit/deletion.

13. Availability, Errors, and Inaccuracies

MetriqBear may update its offerings of Services from time to time. The Services might sometimes be mispriced, described inaccurately, or unavailable, and MetriqBear may experience delays in updating information regarding the Services and the related marketing and advertising. MetriqBear cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. MetriqBear reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

14. No Warranties

14.1. YOU AGREE AND UNDERSTAND THAT SOFTWARE AND MOBILE APPLICATIONS ARE IN GENERAL NOT ERROR FREE. YOU AGREE THAT YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. METRIQBEAR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, UNDISTURBED USE AND ENJOYMENT, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITATION TO THE FOREGOING, METRIQBEAR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. METRIQBEAR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) REGARDING THE OPERATION OR AVAILABILITY OF THE SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVICES, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS. THE ABOVE EXCLUSIONS AND LIMITATION WILL NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY CONSUMER RIGHTS.

15. Limitation of Liability and Indemnity

15.1. TO THE EXTENT NOT PROHIBITED BY LAW, METRIQBEAR WILL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, COST, EXPENSE, INJURY, CLAIM, OR PENALTY OF WHATSOEVER NATURE ARISING FROM OR IN CONNECTION WITH THE SERVICES, THE USE OF THE SERVICES, OR THE INABILITY TO USE THE SERVICES INCLUDING, BUT NOT LIMITED TO, INDIRECT AND CONSEQUENTIAL LOSS OR DAMAGE AND LOSS OF PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).

15.2. YOU HEREBY INDEMNIFY METRIQBEAR AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, PENALTY, COST, OR CLAIM OF ANY NATURE WHATSOEVER SUFFERED BY YOU OR ANY THIRD PARTY IN RELATION TO THE SERVICES, THE USE OF THE SERVICES, OR THE INABILITY TO USE THE SERVICES.

15.3. YOU AGREE THAT IF INCORRECT DATA IS CAPTURED USING THE SERVICES, OR IF DATA IS CAPTURED INCORRECTLY, THE RESULTS GENERATED BY THE SERVICES WILL BE INCORRECT. METRIQBEAR SHALL NOT BE RESPONSIBLE FOR INCORRECT DATA CAPTURED, OR DATA CAPTURED INCORRECTLY, USING THE SERVICES.

15.4. Health Disclaimer. The Services provide nutrition and fitness estimates for general wellness only. They are not medical advice, diagnosis, or treatment. Always consult a qualified professional before changing diet or exercise, especially if pregnant, diabetic, have PCOS, or are under medical care.

16. Application Stores and Distribution Platforms

If you accessed or downloaded the Services from any Services store or distribution platform (for example, Apple App Store or Google Play) you agree and acknowledge as follows:

16.1. These Terms are between you and MetriqBear and not with your Services Provider. MetriqBear, and not the Services Provider, is solely responsible for the Services.

16.2. The Services Provider has no obligation to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify the Services Provider, and the Services Provider will refund the purchase price for the Services to you (if applicable) and, to the maximum extent permitted by applicable law, the Services Provider will have no other warranty obligation whatsoever with respect to the Services. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MetriqBear.

16.3. The Services Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Services or your possession and use of the Services, including, but not limited to product liability claims, any claim that the Services fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Services or your possession and use of it infringes the third party's intellectual property rights, MetriqBear will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.

16.4. The Services Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the Services. Upon your acceptance of the Terms, the Services 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 Services against you as a third-party beneficiary thereof.

16.5. You must comply with applicable third-party terms of service when using the Services.

16.6. You warrant and represent that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17. Use of Artificial Intelligence Technologies

17.1. The Services include features powered by generative artificial intelligence ("AI") to enhance user experience, including but not limited to: AI-powered meal image recognition and macro/micronutrient estimation; voice parsing of spoken meal descriptions; personalized meal suggestions and recipe generation; correlation insights for the Metriq Score. These AI features are provided "as-is" and do not constitute medical, nutritional, fitness, legal, or financial advice. Users must not rely on AI to make automated decisions in high-risk areas such as health, employment, legal, or financial matters without appropriate human oversight.

17.2. AI-generated meal analyses are estimates, typically ±10–15% of actual values for portion-level macros. Every scan displays its parsed ingredients so you can correct portions before logging. You are solely responsible for verifying the accuracy and suitability of any AI-generated output before relying on it.

17.3. You must not upload personal data (such as facial images, biometric identifiers, identity documents, or medical records) into AI-powered features unless explicitly designed for that purpose; most features are intended only for food-related content and body-composition progress photos that you explicitly choose to save.

17.4. MetriqBear may block or remove content that violates this Section 17.

17.5. Any AI-powered functionality that simulates human behavior will include a clear disclosure in compliance with applicable laws.

17.6. MetriqBear does not use your meal photos to train third-party AI models. Photos are processed and discarded unless you explicitly save them as progress photos.

18. Links to Other Sites

The Services may contain links to third-party websites or services that are not owned or controlled by MetriqBear. MetriqBear has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that MetriqBear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. You should read the terms and conditions and privacy policies of any third-party websites or services that you visit.

19. Privacy

MetriqBear collects Personal Data (as defined in its Privacy Policy) through and in connection with your use of the Services. Please see MetriqBear's Privacy Policy at metriqbear.fit/privacy for more information regarding collection, use, disclosure, and processing of your Personal Data. It also tells you about your privacy rights. The Privacy Policy forms an integral part of these Terms and is expressly incorporated herein.

20. Governing Law and Jurisdiction

20.1. These Terms, and all claims or defenses based on, arising out of, or related to them or the relationship of the Parties created by them, whether sounding in contract, tort, law, equity, or otherwise, shall be governed by, and enforced in accordance with, the internal laws of the State of Delaware, United States of America, including its statute of limitations but excluding the UN Convention on Contracts for the International Sale of Goods, without reference to its choice of law rules.

20.2. In the event of any dispute that is not subject to binding arbitration, you agree to submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Wilmington, Delaware as the legal forum for any such dispute (other than small claims court actions which may be brought in the county where you reside). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. MetriqBear reserves the right to bring any suit, action, or proceeding against you in your country of residence or any other relevant country.

20.3. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of the country where you habitually reside.

21. Dispute Resolution and Binding Arbitration

21.1. In the event of any dispute between you and MetriqBear, send a notice of dispute to support@metriqbear.fit. In the notice, provide your name, address, contact details, a description of the dispute, and the outcome you seek. You and MetriqBear agree to attempt for 60 days, after MetriqBear's receipt of a notice of dispute, to resolve informally any such dispute.

21.2. If the dispute is not resolved, YOU AND METRIQBEAR AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

21.3. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND METRIQBEAR ARISING FROM OR RELATING IN ANY WAY TO THE SERVICES OR YOUR PURCHASE, ACCESS, OR USE OF THE SERVICES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER THE FEDERAL ARBITRATION ACT ("FAA"). The following provisions will apply to the arbitration:

  • The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 21. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The FAA will govern the interpretation and enforcement of this Section 21.
  • A neutral arbitrator will decide the dispute and the arbitrator's decision will be final except for a limited right of review under the FAA. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of the arbitration provisions in these Terms, including any unconscionability challenge or any other challenge that an arbitration provision is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY TO YOU INDIVIDUALLY TO SATISFY YOUR INDIVIDUAL CLAIM, BUT NOT RELIEF THAT WOULD AFFECT NON-PARTIES.
  • If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
  • You may elect to pursue your claim in court rather than arbitration if you provide MetriqBear with written notice of your intention to do so within 30 days of your purchase of any Services. Any such court proceeding will be limited solely to your individual dispute or controversy.
  • You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR METRIQBEAR WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
  • If your dispute notice involves claims similar to those of at least 14 other users, and if you and those other users are represented by the same lawyers, or by lawyers who are coordinating with each other, you and MetriqBear agree that these claims will be "Related Cases." You and MetriqBear agree that the AAA's Mass Arbitration Supplementary Rules in effect when the Demand for Arbitration is filed, as modified by this Section 21, will apply to Related Cases. Related Cases may only be filed in batches of up to 30 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to 15 of these Related Cases to be filed and resolved in individual arbitrations under this Section 21; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 30 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 15 of the Related Cases to be resolved in individual arbitrations under this Section 21. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph.

21.4. The term "dispute", wherever and whenever used in these Terms, will have the broadest possible interpretation and will include any claim or controversy between you and MetriqBear regarding these Terms, the Services, any price of the Services, your use of the Services, your account for the Services, marketing, communications, your purchase transaction, or billing, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of MetriqBear or its licensors' intellectual property rights.

21.5. If any arbitration provision in these Terms is found unenforceable, the unenforceable provision will be severed and the remaining arbitration provisions will be enforced.

22. Miscellaneous

22.1. These Terms constitute the entire agreement between you and MetriqBear regarding your use of the Services. MetriqBear shall not be bound by, and you shall not have any claim or right of action arising from any express or implied term, representation, or the like which is not included or recorded in these Terms. However, these Terms apply in addition to any applicable terms imposed or required by Apple, Google, Microsoft, or any other provider from whose platform you download the Services, and these Terms supplement and do not alter or amend any such terms.

22.2. You shall have no right to rely on any amendment of these Terms unless the amendment is reduced to writing and signed by MetriqBear.

22.3. If MetriqBear fails to enforce a right in or provision of these Terms, such failure shall not constitute a waiver of such right or provision or affect in any way MetriqBear's right to require performance at any time in the future.

22.4. You shall not, without MetriqBear's prior written consent, transfer to any other party any of your rights or obligations under these Terms.

22.5. If any section or term of these Terms should be invalid, unenforceable, defective, or illegal for any reason whatsoever, then such section or term shall be severed, and the remaining terms and provisions of these Terms shall continue in full force and effect.