Terms of Service
These Terms are an agreement between you and Odyssey Health, Inc., doing business as Morph (“Morph,” “we,” or “us”), governing the Morph apps, websites, workout-recording and analysis services, and related features (“Services”). By accepting these Terms, you agree to them.
1. Your account and the Services
You must be at least 18 to use the Services. Provide accurate account information, safeguard your credentials, and promptly report unauthorized access to morph@odysseylabs.com. You are responsible for your use of the account and anyone you authorize to use it. A participating fitness facility (“Gym”) may create or connect your account using its membership information.
Morph provides digital fitness services, including workout recording, analysis, and community features. Features and availability may vary. Gyms are independent businesses responsible for their facilities, fitness activities, and membership services. Their rules and agreements apply separately.
Our Privacy Policy describes our data practices; it is a notice and is not incorporated into these Terms. Facial identification and facial-model development require the separate Biometric Notice and Consent. You may decline and use supported manual features.
2. Fitness risks and automated results
Exercise involves risks of injury, illness, disability, property damage, and death. You voluntarily assume the inherent risks of your fitness activities and are responsible for deciding whether and how to participate.
Morph does not provide medical advice, diagnosis, treatment, or emergency monitoring. Consult a qualified professional about your fitness or medical needs.
Automated identification and analysis may be inaccurate, incomplete, delayed, or unavailable. Review results before relying on or sharing them. Do not use the Services for medical or safety decisions.
To the maximum extent permitted by applicable law, you release Morph from claims for bodily injury, death, or damage to tangible property arising from the inherent risks of exercise, your reliance on Morph's nonmedical workout output, the acts or omissions of a Gym or other person, or Morph's ordinary negligence in providing workout-recording and automated-analysis features.
3. Content and permissions
You retain your rights in content you submit or intentionally provide through the Services (“User Content”). Association of gym-camera footage or generated output with your account does not itself transfer ownership of that material to you.
You grant Morph a worldwide, nonexclusive, royalty-free license, sublicensable to service providers acting for Morph, to host, reproduce, process, adapt, transmit, and display User Content to provide, protect, and improve the Services, including generating content, enabling sharing you choose, and developing and training workout-analysis and related machine-learning models. To the extent you can lawfully authorize it, this permission also covers gym-camera footage depicting you that is lawfully provided to Morph.
Facial identification and facial-model development remain subject to your separate biometric consent. Connected health data may be used only to provide and improve the connected health features consistent with your permissions and applicable requirements.
These permissions last while Morph lawfully retains the content. Use of your name, image, or workout footage in Morph advertising requires separate permission and remains subject to applicable restrictions on health, fitness, and biometric information. Morph may use feedback you voluntarily provide without restriction or compensation.
You must have the rights necessary to provide and use User Content, including when publishing or sharing it.
4. Community and acceptable use
You are responsible for your submissions and sharing choices and must reasonably cooperate with valid privacy or removal requests. The Privacy Policy explains content visibility and access.
You may not:
- violate law or another person's privacy, publicity, intellectual-property, or other rights;
- post unlawful, hateful, threatening, sexually explicit, exploitative, or otherwise abusive content, or encourage self-harm or dangerous conduct;
- harass, stalk, impersonate, or expose private information about others;
- manipulate results, distribute spam or malicious code, or disrupt or bypass account, security, or access controls; or
- scrape, reverse engineer, resell, or commercially exploit the Services, or use them to train a competing system, without written permission, except where a restriction is prohibited by law.
Report content or users through available in-app controls or morph@odysseylabs.com. Morph may review, remove, or restrict content and accounts to enforce these Terms or protect the Services or others.
5. Morph's rights and third-party services
Morph and its licensors retain all rights in the Services, including their software, models, design, and branding. Subject to these Terms, you receive a limited, personal, revocable, nonexclusive, nontransferable license to use the Services for their intended purpose.
Third-party services you choose to use have their own terms and privacy practices. To the maximum extent permitted by applicable law, Morph is not responsible for those independent services or their handling of content you send to them.
For an app obtained through Apple's App Store, Apple's Standard End User License Agreement governs the app license unless a separate custom license applies. These Terms govern your use of Morph's Services.
6. Changes, suspension, and termination
We may change, limit, or discontinue the Services. We may restrict or end access for a violation of these Terms, a security or legal risk, or loss of eligibility through your Gym. You may stop using Morph at any time. Keep a separate copy of content you need.
To the maximum extent permitted by applicable law, Morph is not liable for delay or failure caused by circumstances beyond its reasonable control.
Your Morph account and Gym membership are managed separately. Ending Gym membership may limit Gym-specific features. Request Morph account deletion as described in the Privacy Policy.
7. Disclaimers
To the maximum extent permitted by applicable law, the Services and output are provided “as is” and “as available,” without warranties of any kind, including merchantability, fitness for a particular purpose, title, non-infringement, or accuracy. Morph does not warrant uninterrupted, error-free, or secure operation, the preservation of content, or any particular fitness or other result.
8. Limitation of liability
To the maximum extent permitted by applicable law, Morph and its officers, directors, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, data, goodwill, or business opportunities, arising from or relating to the Services or these Terms.
Their total aggregate liability for claims arising from or relating to the Services or these Terms will not exceed the greater of US $100 or the amount you paid directly to Morph for the Services in the 12 months before the event giving rise to the claim, to the maximum extent permitted by applicable law.
These limitations apply regardless of the legal theory, even if advised of the possibility of the damages, and remain effective if a limited remedy fails of its essential purpose.
9. Indemnity
To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Morph and its officers, directors, employees, contractors, affiliates, and licensors against third-party claims, damages, liabilities, and reasonable legal costs to the extent caused by content you independently create, upload, or materially alter; your knowing violation of these Terms, applicable law, or another person's rights; or your fraudulent or deliberately abusive use of the Services.
Morph will give reasonably prompt notice of a covered claim and may control its defense and settlement. You must reasonably cooperate and may not settle a claim in a way that admits fault by or imposes an obligation on Morph without our written consent.
10. Governing law and disputes
Massachusetts law governs these Terms, without regard to conflict-of-laws rules. The Federal Arbitration Act governs this arbitration agreement. These provisions apply subject to nonwaivable rights under applicable law.
Informal resolution. Before starting a proceeding, each party will give the other written notice describing the dispute and requested relief and allow 30 days for good-faith resolution. Send notice, your name, and your account email to morph@odysseylabs.com; Morph will use your account email. Applicable filing deadlines are suspended during that period. Either party may seek urgent relief or file to preserve a claim before a deadline expires.
Individual arbitration. Except as stated below, disputes relating to these Terms, the Services, or your relationship with Morph will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at adr.org. This arbitration agreement applies to disputes arising from events occurring after you first accept it. Hearing format and location will follow those rules, including reasonably convenient access for you. Morph will pay fees required by the rules and applicable law. The arbitrator may award remedies available under applicable law, including attorneys' fees where authorized. Otherwise each party bears its own legal costs.
A court decides whether an arbitration agreement was formed and whether the class-action waiver is enforceable. The arbitrator decides other disputes about the interpretation or application of this section. Judgment on an award may be entered in a court with jurisdiction.
Exceptions. Either party may bring an eligible individual claim in small-claims court, seek temporary court relief pending arbitration, or bring a court action alleging that the other party infringed the claimant's intellectual-property rights, misappropriated the claimant's trade secrets, or accessed the claimant's systems without authorization.
Class actions and jury trials. To the maximum extent permitted by applicable law, you and Morph waive jury trials and agree to bring claims only individually, not as a class, collective, or representative action. The arbitrator may not conduct class or representative arbitration. This restriction does not prevent relief that applicable law makes nonwaivable.
Opt-out. You may opt out of this arbitration agreement and class-action waiver by emailing morph@odysseylabs.com within 30 days after first accepting this arbitration agreement, identifying yourself and your account and clearly stating that you opt out. A valid opt-out also applies to the jury-trial waiver in this section. Doing so will not affect access to Morph. A material change to this arbitration agreement gives you a new 30-day period after acceptance to opt out of that change. Morph will honor previously valid opt-outs.
Court proceedings. Disputes outside arbitration must be brought in state or federal courts in Boston, Massachusetts, and both parties consent to their jurisdiction, except where applicable law requires another forum or an eligible small-claims action is brought where you live.
If part of this section is unenforceable, it will be severed or narrowed to the extent permitted by law. A claim or remedy for which the class-action waiver cannot be enforced will proceed in court, not in class arbitration; the rest of this section remains effective.
11. Updates and general terms
We may update these Terms. For material changes, we will provide reasonable notice and obtain renewed acceptance where required by law. Material changes to biometric processing require separately renewed biometric consent before that processing begins.
These Terms and separate agreements that expressly apply constitute the entire agreement about the Services. An unenforceable provision will be narrowed or severed as permitted by law without affecting the remainder. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; Morph may assign them in connection with a financing, reorganization, merger, or transfer of its business or assets. Provisions that by their nature should survive termination will survive, including ownership, accrued obligations, disclaimers, liability limits, indemnity, and dispute resolution.
Contact Morph / Odyssey Health, Inc. at morph@odysseylabs.com.