Terms of Service

1. Acceptance of Terms

By accessing or using NoBonk's SMS-based sports nutrition advisory service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and NoBonk ("we," "our," or "us").

2. Service Description

NoBonk provides evidence-based sports nutrition guidance via SMS text messaging. The Service:

• Analyzes user-provided workout information (activity type, duration, intensity, conditions)
• Provides carbohydrate intake and hydration recommendations based on peer-reviewed research
• Operates on-demand in response to user-initiated text messages
• Is designed for healthy recreational endurance athletes

4. Limitation of Liability

4.1 Use at Your Own Risk

You acknowledge and agree that:

• You use the Service entirely at your own risk
• You are responsible for your own health and safety decisions
• NoBonk provides information; YOU make the final decisions about your nutrition and exercise

4.2 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Accuracy, completeness, or reliability of recommendations
• Uninterrupted or error-free service
• Results or outcomes from following recommendations

4.3 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOBONK SHALL NOT BE LIABLE FOR:

• Any injury, illness, or adverse health outcomes
• Any direct, indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Any damages arising from your use or inability to use the Service

This limitation applies even if NoBonk has been advised of the possibility of such damages.

4.4 Maximum Liability

In jurisdictions that do not allow the exclusion of certain warranties or limitation of liability, NoBonk's total liability to you for all claims shall not exceed $50 USD or the amount you paid to use the Service (currently $0), whichever is greater.

5. User Responsibilities

5.1 Accurate Information

You agree to:

• Provide accurate workout information when requesting recommendations
• Use your own judgment when applying any recommendations
• Not rely solely on NoBonk for nutrition or health decisions

5.2 Prohibited Uses

You may NOT:

• Use the Service if you are under 13 years old
• Use the Service for medical diagnosis or treatment
• Share sensitive health information or protected health data
• Misuse, abuse, or attempt to manipulate the Service
• Use the Service for any illegal purpose
• Attempt to reverse-engineer or copy our recommendation algorithms

5.3 Account Conduct

You agree to:

• Use the Service only from phone numbers you own or control
• Not send spam, harassing messages, or abusive content
• Respect rate limits and fair use policies

6. Intellectual Property

6.1 Our Content

All content, including but not limited to:

• Recommendation algorithms
• Research compilations and citations
• Messaging templates and formats
• Website design and branding

...are owned by NoBonk and protected by copyright and intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes only.

6.3 Research Citations

Published research cited by NoBonk belongs to the respective authors and publishers. We provide citations for informational purposes under fair use principles.

7. Privacy and Data Use

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

8. SMS Terms and Conditions (Mobile Messaging Program Terms)

8.1 Program Description

The NoBonk mobile messaging program delivers workout fueling and hydration guidance by SMS. When you opt in, you will receive a welcome message with two short onboarding questions; after that, you receive one informational reply each time you text us a question about a workout.

8.2 Consent to SMS

By signing up on our website (checking the consent box on the signup form) or by texting NoBonk first, you consent to receive recurring SMS messages from NoBonk at the phone number you provided. Consent is not a condition of any purchase.

8.3 Message Frequency and Rates

• Message frequency varies based on how often you text us
• Message and data rates may apply. Check with your mobile carrier for details about your plan
• We respond only when you initiate contact, aside from the one-time welcome and onboarding exchange

8.4 Opt-Out and Help

You can cancel the SMS service at any time by texting STOP (or UNSUBSCRIBE, CANCEL, END, QUIT). After you send STOP, we will send one final message confirming that you have been unsubscribed, and you will no longer receive SMS messages from us. To rejoin, text START or sign up again on our website. For help, text HELP or contact our support team at hello.nobonk@gmail.com.

8.5 Carrier Limitations

Carriers are not liable for delayed or undelivered messages. Service availability depends on your mobile carrier, and messaging is supported on major US carriers (AT&T, T-Mobile, Verizon, and others). We are not responsible for carrier-related delays, failures, or charges.

8.6 Privacy

See our Privacy Policy for how we handle your information. Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the text message services.

9. Modifications to Service and Terms

9.1 Service Changes

We reserve the right to:

• Modify, suspend, or discontinue the Service at any time
• Change features, functionality, or pricing
• Update recommendation algorithms based on new research

We will provide reasonable notice of material changes when possible.

9.2 Terms Updates

We may update these Terms from time to time. Changes will be posted on this page with a new "Last Updated" date. Continued use of the Service constitutes acceptance of updated Terms.

10. Termination

10.1 Your Right to Terminate

You may stop using the Service at any time by ceasing to send messages.

10.2 Our Right to Terminate

We reserve the right to:

• Suspend or terminate your access for violations of these Terms
• Block phone numbers that abuse the Service
• Refuse service to anyone for any lawful reason

10.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Provisions regarding liability limitations, disclaimers, and intellectual property survive termination.

11. Indemnification

You agree to indemnify, defend, and hold harmless NoBonk, its operators, and affiliates from any claims, damages, losses, or expenses (including attorney's fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any health consequences resulting from your use of recommendations

12. Dispute Resolution

12.1 Informal Resolution

Before filing any claim, you agree to contact us at hello.nobonk@gmail.com to attempt informal resolution.

12.2 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

12.3 Jurisdiction

Any legal action must be brought in state or federal courts located in California. You consent to the jurisdiction of these courts.

12.4 Arbitration (Optional)

Disputes may be resolved through binding arbitration instead of court, at either party's election.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and NoBonk.

13.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full effect.

13.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

13.4 Assignment

You may not assign these Terms. We may assign our rights and obligations without restriction.

14. Contact Information

Questions about these Terms?

• Email: hello.nobonk@gmail.com
• Contact Form: nobonk.fit/contact