Effective Date: November 9, 2025
Company: Wave State, LLC (“Wave State”, “we”, “us”, or “our”)
Address: 2033 San Elijo Ave #1011, Cardiff, CA 92007, USA
Contact: support@wavestate.co

Important: These Terms include a binding arbitration agreement and class action waiver in Section 18, to the fullest extent permitted by law. If you do not agree with these Terms, do not use Maxxd.

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the Maxxd mobile application and related services (collectively, the “App” or “Service”).

By downloading, installing, creating an account, or using the App, you:

  • Acknowledge that you have read and understood these Terms
  • Agree to be bound by them, and
  • Represent that you are legally able to enter into this agreement

If you are using the App on behalf of an entity, you represent and warrant that you are authorized to bind that entity, and “you” refers to that entity.

Your use of the App is also subject to our Privacy Policy, which explains how we collect, use, and protect your information.

2. Description of the Service

Maxxd is a consumer fitness and nutrition app that provides:

  • AI-assisted food recognition and calorie estimation using images from your camera or photos you upload
  • Workout planning, exercise tracking, and related training content
  • Personalized recommendations based on your inputs, goals, and usage patterns

Our AI-powered features are broadly similar in function to other apps in this space (for example, food scanning and estimation features like those found in apps such as Hava and CalAI, and workout or training features similar in concept to apps such as Ladder and Smart Gym). Maxxd is not affiliated with, endorsed by, or sponsored by any of those apps or companies.

Features may change over time, and we may introduce new features, modify existing features, or discontinue features at our discretion.

3. Eligibility

You may use the App only if:

  • You are at least 18 years old (or the age of majority in your jurisdiction), and
  • You are not barred from using the App under applicable law

The App is not directed to children under 13, and we do not knowingly permit children under 13 to use the App.

4. Health, Fitness, and Medical Disclaimers

Maxxd is not a medical device and does not provide medical advice, diagnosis, or treatment. The content and recommendations in the App (including calorie estimates, workout plans, and other suggestions) are for informational and educational purposes only.

  • Always consult with a physician or other qualified healthcare provider before starting or changing any diet, exercise, or fitness program.
  • Do not disregard professional medical advice or delay seeking it because of something you read or see in the App.
  • If you experience pain, dizziness, shortness of breath, or any adverse symptoms while exercising, stop immediately and seek medical attention.

You are solely responsible for your use of any workouts, nutrition guidance, or other content provided by the App.

5. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the App on a compatible device, and
  • Access and use the Service for your personal, non-commercial use

You may not:

  • Copy, modify, distribute, sell, or lease any part of the App, or
  • Reverse engineer or attempt to extract the source code, except to the extent laws prohibit these restrictions

We reserve all rights not expressly granted to you in these Terms.

6. AI-Based Food Scanning and Calorie Estimates

Maxxd uses AI and computer vision models to analyze images you capture with your camera or upload from your device to estimate the nutritional content of food (“AI Scanning Features”).

By using these features, you acknowledge and agree that:

  • AI can be wrong. Calorie counts, macro estimates, and other nutrition outputs are estimates only and may be incomplete, inaccurate, or misleading
  • Broad approximations. Outputs may be based on broad approximations, typical serving sizes, or visually similar foods
  • User responsibility. You are solely responsible for evaluating the accuracy of information provided and for your own dietary choices
  • No guarantee. We do not warrant that any AI-generated or other information will be accurate, complete, or suitable for your particular needs

You must not rely on Maxxd as the sole or primary source of nutritional information, particularly if you have medical conditions, allergies, or dietary restrictions.

7. Assumption of Risk and Exercise at Your Own Risk

You understand and agree that all exercise and physical activity recommended or logged in the App are performed entirely at your own risk. Physical training carries inherent risks, including serious injury or death.

To the maximum extent permitted by law, you:

  • Assume full responsibility for any and all injuries, damages, or losses you may incur as a result of using the App; and
  • Release and hold harmless Wave State, LLC and its owners, officers, employees, contractors, and affiliates from any and all claims, demands, or causes of action arising out of or related to your use of the App, including but not limited to exercise programs, workouts, or nutrition recommendations.

8. Health Data and Third-Party Integrations

The App may integrate with third-party health platforms such as Apple Health (HealthKit) or similar services. Integration is optional and requires your explicit permission.

  • We access only the data types you authorize
  • Health data is used solely to provide and personalize fitness and nutrition features within Maxxd
  • Health platform data is handled in accordance with our Privacy Policy and any applicable platform terms
  • Health data is not used for advertising or sold to third parties

You can revoke permissions at any time through your device or account settings for the relevant third-party service.

9. User Accounts and Security

To use certain features, you may need to create an account.

You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your information as needed
  • Maintain the security of your login credentials
  • Notify us immediately of any unauthorized use of your account

You are responsible for all activity that occurs under your account.

10. User Content and License

“User Content” includes any data, text, images, photos, videos, metrics, or other materials you input, upload, or submit to the App, including:

  • Photos taken with your camera or uploaded from your device
  • Food logs, exercise logs, and notes
  • Profile details, goals, and preferences

By submitting User Content, you grant Wave State a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

  • Use, reproduce, modify, adapt, translate, and create derivative works from your User Content in connection with operating, improving, and providing the App and related services
  • Use aggregated and de-identified versions of your User Content for analytics, research, and to train and improve our AI models and features, to the extent allowed by applicable law and subject to any additional consents we may request

You represent and warrant that:

  • You own or have the necessary rights to your User Content, and
  • Your User Content does not violate applicable law or infringe any third-party rights

We may (but are not obligated to) remove or restrict User Content that we believe violates these Terms or the law.

11. Camera and Photo Permissions

When you enable camera-based or photo-upload features, you consent to:

  • The App accessing your device camera and/or photo library
  • Our processing of the images you capture or upload for food detection, calorie estimation, feature improvement, and other purposes described in these Terms and in our Privacy Policy
  • Our storage and use of those images for as long as reasonably necessary for those purposes, subject to your rights and our retention policies

You can revoke camera or photo permissions through your device settings, but some features may become unavailable.

12. Paid Features, Subscriptions, and Trials

We may offer paid features, subscriptions, or in-app purchases (“Paid Services”).

  • Prices, billing intervals, and terms are disclosed in the App or app store (for example, the Apple App Store)
  • Subscriptions automatically renew until canceled, as described in the applicable app store terms
  • You are responsible for managing your subscription through the app store (for example, Apple ID settings)
  • Refunds, if any, are governed by the app store’s refund policies

We may change our subscription offerings and pricing from time to time, with notice where required by law.

13. Prohibited Uses

You agree not to:

  • Use the App for any unlawful purpose or in violation of any local, state, national, or international law
  • Reverse engineer, decompile, or attempt to derive the source code of the App
  • Interfere with or disrupt the App, servers, or networks
  • Attempt to gain unauthorized access to any accounts or systems
  • Use the App to harass, abuse, or harm others

We may suspend or terminate your access for any violation of these Terms.

14. Ownership and Intellectual Property

The App, including all software, code, design, graphics, text, and other content (excluding User Content), is owned by Wave State or its licensors and is protected by copyright, trademark, and other laws.

Except for the limited license granted in Section 5, we reserve all rights not expressly granted in these Terms.

You may not use our trademarks, logos, or branding without our prior written consent.

The App may link to or integrate with third-party services (for example, health data platforms, payment processors, or app stores).

  • We are not responsible for any third-party services or content
  • Your use of third-party services is governed by their own terms and policies

16. Disclaimers of Warranties

To the fullest extent permitted by law, the App is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title
  • Any warranties arising out of course of dealing or usage of trade
  • Any warranty that the App will be accurate, error-free, secure, or uninterrupted

We do not make any warranties regarding the accuracy or reliability of any data, including AI-generated estimates, exercise recommendations, or other content.

17. Limitation of Liability

To the maximum extent permitted by law:

  • No consequential damages. Wave State, its affiliates, and their respective officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost data, or personal injury, arising out of or related to your use of (or inability to use) the App.
  • Cap on damages. In no event shall our total liability for all claims relating to the App exceed the greater of:
    • The amount you paid to us (if any) for the App in the twelve (12) months preceding the claim; or
    • One hundred U.S. dollars (USD $100)

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

18. Indemnification

You agree to indemnify, defend, and hold harmless Wave State, its affiliates, and their officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the App
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of a third party or applicable law

19. Termination

We may suspend or terminate your access to the App at any time, with or without notice, if:

  • You violate these Terms
  • We discontinue or materially modify the App, or
  • We otherwise decide to do so in our discretion

Upon termination, your right to use the App will immediately cease. Sections that by their nature should survive termination (including but not limited to ownership provisions, disclaimers, limitations of liability, indemnification, and dispute resolution) shall survive.

20. Governing Law; Arbitration; Class Action Waiver

These Terms are governed by the laws of the State of California, without regard to conflict of law principles, except where local law provides you with non-waivable consumer rights.

20.1 Binding Arbitration

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App will be resolved solely by binding arbitration administered by a recognized arbitration provider, conducted in English, and held in San Diego County, California, unless otherwise required by law.

You and Wave State agree that:

  • The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration provision
  • Judgment on the arbitration award may be entered in any court of competent jurisdiction

Nothing in this Section prevents you from bringing issues to the attention of government agencies or regulators where applicable law so provides.

20.2 Class Action Waiver

To the fullest extent permitted by law, you and Wave State agree that:

  • All disputes will be conducted on an individual basis and not as a class, collective, or representative action
  • You may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding

If this class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request may be brought only in court and not in arbitration.

Some users (for example certain EEA/UK consumers) may have non-waivable rights under local law to bring disputes in their local courts.

21. Changes to the App or Terms

We may modify the App or these Terms at any time.

If we make material changes, we will provide notice (for example, by updating the Effective Date, sending an in-app notice, or via email, where appropriate).

Your continued use of the App after changes become effective constitutes your acceptance of the revised Terms.

22. Contact Information

If you have questions about these Terms, you may contact us at:

Wave State, LLC
2033 San Elijo Ave #1011
Cardiff, CA 92007
USA

Email: support@wavestate.co