Legal

Terms of Service

Draft for legal review. Not yet in effect.

Effective November 5, 2026

These Terms of Service (the “Terms”) are a contract between you and [COMPANY LEGAL NAME], a [STATE OF FORMATION] [ENTITY TYPE] (“Executive Biology”, “we”, “us”). They cover Executive Biology and Living Diet: our websites (including livingdiet.app), our apps for iPhone, Android and the web, the Visceral Fat Score™, O’MarAI Bot, our plans, and everything else we offer through them (together, the “Service”).

By creating an account, buying a plan or using the Service, you agree to these Terms. If you don’t agree, please don’t use the Service. Our Privacy Policy explains how we handle your information.

The important points

This summary is here to help. It doesn’t replace the full Terms below.

The Service is education and coaching, not medical care. The Visceral Fat Score™ is a provisional screening category, not a diagnosis. Nothing here makes Dr. O’Mara your doctor (section 2).
O’MarAI Bot is an AI. It isn’t Dr. O’Mara and it isn’t a doctor. It can be wrong (section 3).
Paid plans renew automatically until you cancel. You can cancel at any time, and your plan runs to the end of the period you’ve paid for (section 8).
Disputes are settled by individual arbitration, not in court and not as a class action. You can opt out within 30 days of first agreeing (section 18).
Our liability to you is limited (sections 15 and 16).

1. Who can use the Service

You can use the Service only if all of these are true:

You’re at least 18 years old.
You live in the United States. The Service is offered only in the United States.
You can enter into a binding contract, and we haven’t previously closed your account for breaking these Terms.

The Service is for your own personal, non-commercial use. Memberships for a team or a company need a separate written agreement with us.

2. Not medical care

Please read this section carefully.

General information only. The Service gives you general wellness information, education and coaching based on Dr. Sean O’Mara’s approach. It is not medical care. We don’t diagnose, treat, cure or prevent any disease or condition. Nothing in the Service is medical advice, and nothing in it replaces seeing a doctor who knows you.

No doctor–patient relationship. Using the Service, buying a plan, or receiving a note, message, call, session or MRI walkthrough from Dr. O’Mara or his team doesn’t make Dr. O’Mara, or anyone else, your doctor. It doesn’t create a doctor–patient relationship or any other professional relationship. Dr. O’Mara and his team don’t examine you, don’t have your medical records, and aren’t responsible for your care.

The Visceral Fat Score™. Your score is a provisional screening category, from V0 to V7, worked out from the abdominal measurements you enter. It isn’t a diagnosis. It doesn’t measure how much visceral fat you have, and it isn’t yet validated against MRI. The way it’s calculated will change as more data comes in, so a score may not be comparable with one from an earlier version. A low score doesn’t mean you’re healthy, and a high score doesn’t mean you’re ill. The score is only as good as the measurements you take.

Talk to your doctor first. The diet, fasting and exercise described in the Service carry risks and aren’t right for everyone. Talk to your own doctor before you change what you eat, fast, or start sprinting or other hard exercise. That matters most if you’re pregnant or breastfeeding, take medication for diabetes or blood pressure, have a heart, kidney or liver condition, have or have had an eating disorder, are underweight, or are being treated for any condition. Don’t stop or change a prescribed treatment because of something in the Service, and never ignore or delay medical advice because of it.

Emergencies. The Service isn’t for emergencies and nobody monitors it for them. If you think you may have a medical emergency, call 911 or your local emergency number. If you’re thinking about harming yourself, call or text 988 to reach the 988 Suicide & Crisis Lifeline.

Your choices, your risk. You decide whether and how to follow anything in the Service, and you do so at your own risk. We don’t promise any result for your weight, body fat, health or appearance. Other people’s results, including results shared from the Service, aren’t a guide to yours.

3. AI features

What’s made by AI. O’MarAI Bot, the summary on each check-in, food and menu scans, meal plans and shopping lists, and potential progress previews are generated by artificial intelligence. O’MarAI Bot is an AI assistant that answers from material based on Dr. O’Mara’s approach. It isn’t Dr. O’Mara, it isn’t a doctor or any other licensed health professional, and no person reviews what it writes before you read it.

AI can be wrong. AI output can be inaccurate, incomplete or out of date, and it can sound confident when it’s wrong. Don’t rely on it for medical decisions, and check anything important with your doctor.

Scans and meal plans. Food scans are AI estimates from a photo. They can miss ingredients, sauces, cooking oils and allergens. Meal plans and shopping lists are general suggestions; they aren’t made for your medical needs. If you have a food allergy, an intolerance or a diet set by a doctor, don’t rely on a scan or a meal plan: check the ingredients yourself.

Potential progress previews. Previews are experimental AI illustrations made from your photo. They aren’t predictions of how your face or body will change, and they aren’t a promise of results.

Safety messages. If a message looks like it describes an emergency, self-harm or disordered eating, O’MarAI Bot may reply with a fixed safety message instead of an answer. That step is automated. It doesn’t mean a person has read your message, and nobody will contact you or the emergency services on your behalf.

Fair use limits. Each plan includes a number of O’MarAI Bot messages and scans a day and a month, and meal plan rebuilds a week. The app tells you when you reach one. Unused amounts don’t carry over. We may change these limits; if we lower the limits on a plan you’re paying for, we’ll tell you first.

Using what the AI makes. You can use AI output for your own personal use. Don’t pass it off as Dr. O’Mara’s words or as professional advice. Other people may receive the same or similar output.

Pausing AI features. We may pause or limit AI features at any time for safety, technical or cost reasons.

4. Your account

You can try the Service before you create an account. A result you don’t save to an account is deleted after 24 hours.

You sign in with a code we email you, or with Apple or Google. You’re responsible for keeping your email account, your sign-in methods and your devices secure, and for what happens in your account. Tell us straight away at support@livingdiet.app if you think someone else has used it.

Give us accurate information and keep your email address up to date; it’s how we reach you. An account is for one person. Don’t share it or let anyone else use it.

5. Your content

It’s yours. Your photos, measurements, profile details, messages, food photos, ratings and anything else you put into the Service (“your content”) belong to you.

What you let us do with it. You give us a non-exclusive, royalty-free licence to store, copy, process, adapt and display your content, only as needed to run the Service and provide it to you, and as our Privacy Policy describes. That covers things like resizing a photo, removing its location data, writing your summary, making your previews and drawing a share image you ask for. We use your photos and measurements for research, or to develop or train algorithms and AI models, only if you give us a separate research permission, which is off unless you turn it on.

This licence ends when you delete the content or your account, except that copies may stay in backups for a limited time, anything you’ve shared publicly stays up until it’s removed or expires, and research already carried out with your permission (such as results and models that don’t identify you) isn’t undone.

What you promise. You promise that:

every photo you upload for a check-in is a photo of you, and of nobody else;
food and menu photos don’t show people’s faces;
your content doesn’t include nudity or sexual content, doesn’t show anyone under 18, and doesn’t break the law or anyone else’s rights; and
the information you give us is accurate to the best of your knowledge.

Checks on photos. Before we make previews from a photo, it’s checked automatically, including for whether it’s a real photo of an adult’s face and for sexual, violent or hateful content. We may refuse to make previews from a photo that doesn’t pass, and we may remove content that appears to break these Terms.

Keep your own copies. The Service isn’t a backup service. Keep copies of anything you’d mind losing.

6. Sharing

Sharing is always your choice. When you share a check-in or a preview, we make an image and host it on a public page with a link that’s hard to guess. Anyone who has the link can see it, along with the photos in it, the dates of the check-ins it shows and the first name on your account, if there is one. Your abdominal measurement and score class appear only if you choose to show them. Shared pages are removed after 30 days, or sooner if you delete your account; a share made from a result you never saved to an account stays up for its 30 days. To have one taken down sooner, email support@livingdiet.app.

Once you post a link or an image on social media or anywhere else, that copy is outside our control and that service’s own terms apply. You’re responsible for what you post. Think carefully before you make information about your health public.

7. Rules for using the Service

Don’t do any of these, and don’t help anyone else to:

break the law, or anyone’s rights, using the Service;
upload photos of another person, or use the Service to assess, track or make decisions about someone else’s health;
access another person’s account or data, or try to;
get around plan limits, payment, security or any technical restriction;
copy, scrape or collect content or data from the Service by automated means, or reverse engineer it, except where the law says you may;
try to make O’MarAI Bot reveal its instructions, ignore its safety steps or produce harmful content;
present AI output as written or approved by Dr. O’Mara;
use the Service, or anything it produces, to build a competing product or to train an AI model;
resell, rent or commercially exploit the Service;
upload malware, overload the Service or interfere with how it runs; or
harass, threaten or abuse Dr. O’Mara, our team or other members.

8. Plans and payment

Plans. Tracking your Visceral Fat Score™ is free. Plus, Outer Circle and Inner Circle are paid plans, and Alpha is offered by application only. What each plan includes, its price and its limits are shown on our Plans page and at checkout when you buy.

Automatic renewal. Paid plans are subscriptions that renew automatically. When you buy a plan, you authorize us (or Apple or Google, if you buy in the app) to charge the price shown at checkout, plus any tax, at the start of every billing period, monthly or yearly as you chose, until you cancel. Each renewal is for the same period as the one before.

Cancelling. You can cancel at any time:

If you bought on our website, cancel on the Billing page, which you can also reach from My account in the app.
If you bought through Apple, cancel in your iPhone’s Settings, under your Apple Account’s subscriptions.
If you bought through Google Play, cancel in the Play Store, under Payments & subscriptions.

Cancel before your renewal date to avoid the next charge (Apple and Google ask for at least 24 hours). When you cancel, your plan stays active until the end of the period you’ve paid for, and then you move to Free. You keep your score, photos, check-ins and past notes. Deleting the app or your account doesn’t cancel a subscription bought through Apple or Google; you have to cancel it with them.

Refunds. Payments are non-refundable. We don’t give refunds or credits for part of a billing period, or for a plan or feature you didn’t use, unless the law requires it or these Terms say otherwise. Apple and Google handle refunds for purchases made through them, under their own policies. If you think we’ve charged you by mistake, contact us at support@livingdiet.app.

Price changes. We may change our prices. If the price of your subscription is going up, we’ll email you at least 30 days before the new price applies, and it will apply from your next renewal after that. If you don’t want to pay the new price, cancel before that renewal. Apple and Google have their own rules for telling you about price changes on subscriptions bought through them.

Founding price. If you joined Outer Circle at the founding price, you keep that price for as long as your Outer Circle membership continues without a break. You lose it if your membership ends for any reason, including if you cancel or a failed payment isn’t fixed in time.

Changing your plan. You can change a plan bought on our website from the Billing page. Before you confirm a change, we’ll show you what you’ll pay and when the change takes effect. Change a plan bought through Apple or Google in that store’s subscription settings.

Failed payments. If a payment fails, we’ll tell you and try again. If it isn’t paid within 7 days, your plan may end and you’ll move to Free.

Website and app store prices. Apple and Google charge a fee on purchases made in the app, so plans cost more there than on our website. It’s the same plan either way. You only need one subscription: if you hold more than one, you get the highest plan among them, you remain responsible for cancelling the others, and we don’t refund the overlap.

Taxes. Prices don’t include tax unless we say so. We add any sales tax or similar tax the law requires us to collect.

Promo codes and complimentary plans. A promo code can be used only as its own terms allow, and has no cash value. If we give you a plan free of charge, we can end it at any time.

Limited places. Some plans take a limited number of members. When a plan is full you can join its waitlist. Being on a waitlist doesn’t guarantee you a place or a price.

Add-ons. MRI scans, MRI reviews, strategy sessions and other extras are priced and described when you buy them, and may come with terms of their own.

Alpha. Alpha is by application, and comes with its own written agreement. These Terms apply to Alpha members too; where the two differ, the Alpha agreement wins.

9. Notes, messages and sessions with Dr. O’Mara

Coaching and education. Some plans include personal notes on your check-ins, messages, live group sessions, video walkthroughs of an MRI, or calls with Dr. O’Mara. All of these are coaching and education, and section 2 applies to every one of them. They are based only on what you’ve chosen to share in the Service.

Limits and timing. How many notes, messages and sessions a plan includes is set out on the Plans page. Unused ones don’t carry over. Reply times are our targets, not guarantees, and are counted in business days: Monday to Friday, not counting US federal holidays.

Availability. Dr. O’Mara is one person, and will sometimes be unavailable or need to reschedule. Dr. O’Mara’s team helps him run these services. A feature marked “coming soon” isn’t available yet, and we don’t promise a date for it.

Group sessions. Other members can see and hear what you share in a live group session, so don’t share anything you want kept private. Don’t record a session or pass on what other members say in one. We may record sessions and make the recordings available to members; we’ll tell you when a session is being recorded.

MRI scans. MRI scans are carried out by independent imaging centres, not by us. They’re responsible for their own services, and they may ask you to agree to their own terms. A walkthrough of your MRI by Dr. O’Mara is an educational discussion of your images. It isn’t a radiology report or a diagnosis, and it doesn’t replace the report from the imaging centre’s radiologist. Take any questions about findings to your own doctor.

If we can’t deliver. If we permanently stop offering a personal service that’s a main part of a plan you’ve already paid for, you can cancel, and we’ll refund the unused part of your current billing period. If you bought through Apple or Google, the refund has to come from them, and we’ll support your request. That refund is your only remedy for the change.

10. App stores and other companies’ services

Other services. The Service works with services run by other companies, such as Apple, Google and Stripe (which processes payments on our website). Their own terms and privacy policies apply to your use of them, and we aren’t responsible for them. Links to other websites, including drseanomara.com, are for your convenience; we don’t control those sites.

If you got the app from the Apple App Store. These Terms are between you and us, not Apple, and Apple isn’t responsible for the app or its content. In addition:

We give you a non-transferable licence to use the app on Apple devices you own or control, as the App Store’s Usage Rules allow.
Apple has no duty to provide maintenance or support for the app.
If the app fails to meet a warranty that applies, you can tell Apple, and Apple will refund what you paid for the app, if anything. Apple has no other warranty obligation for the app.
We, not Apple, are responsible for dealing with any claim about the app, including product liability claims, claims that it doesn’t meet a legal requirement, consumer protection and privacy claims, and claims that it infringes someone’s intellectual property.
You confirm that you aren’t in a country under a US government embargo, and that you aren’t on any US government list of prohibited or restricted parties.
You must follow any third-party terms that apply when you use the app, such as your mobile carrier’s.
Apple and its subsidiaries are third-party beneficiaries of these Terms and can enforce them against you.

If you got the app from Google Play. These Terms are between you and us, not Google, and Google isn’t responsible for the app or its content.

11. Our content and trademarks

We, Dr. O’Mara and our licensors own the Service and everything in it other than your content: the software, the design, the Visceral Fat Score™ and how it’s calculated, the guides, and the text, images and video. Executive Biology, Living Diet™, Living Carnivore, Visceral Fat Score™, VFS and O’MarAI Bot are our or Dr. O’Mara’s trademarks, and you may not use them without written permission.

While you follow these Terms, we give you a personal, non-exclusive, non-transferable licence, which we can withdraw, to use the Service for your own non-commercial use. We keep all rights we don’t expressly give you.

12. Feedback

If you send us ideas or suggestions about the Service, we can use them freely, without owing you anything. Our Privacy Policy explains what happens when you rate one of O’MarAI Bot’s replies.

13. Changes to the Service

The Service is still developing. We may add, change or remove features, content and limits, and some features are provisional or experimental. If we make a change that significantly reduces a plan you’re paying for, we’ll give you reasonable notice so that you can cancel before your next renewal.

14. Ending your use

You. You can stop using the Service at any time, and you can delete your account from My account; we’ll email you a link to confirm. Deleting your account is permanent. It also ends a plan bought on our website straight away, with no refund for the time left in the period, so if you’d rather use that time, cancel the plan and delete your account once it has ended. A subscription bought through Apple or Google keeps billing until you cancel it with them.

Us. We may suspend or close your account, or limit your use of the Service, if you break these Terms, if you don’t pay, if we need to in order to protect you, other people or the Service, or if the law requires it. Where we reasonably can, we’ll tell you why. We may also stop offering the Service altogether. If we close your account or end the Service when you haven’t broken these Terms, we’ll refund the unused part of any billing period you’ve paid for (or support your refund request to Apple or Google, if you bought through them). If you don’t use your account for three years and you don’t have a paid plan, we delete it and everything in it, and we email you 30 days before.

What continues. Sections 2, 3, 5, 11, 12 and 15 to 22 continue to apply after your use of the Service ends, as does anything else that by its nature should.

15. No warranties

The Service is provided “as is” and “as available”. To the fullest extent the law allows, we and our people give no warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from a course of dealing or usage of trade.

We don’t warrant that the Service, including the Visceral Fat Score™, AI output, scans, meal plans, previews, and anything from Dr. O’Mara or his team, is accurate, complete, reliable or suited to your health or your needs; that it will be uninterrupted, secure or free of errors; or that you’ll get any particular result. You use the Service, and act on anything in it, at your own risk.

In these Terms, “our people” means [COMPANY LEGAL NAME], Dr. Sean O’Mara, our affiliates, and their owners, officers, employees, contractors, licensors and service providers.

16. Limits on our liability

To the fullest extent the law allows:

We and our people aren’t liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or loss of goodwill, arising out of or relating to the Service or these Terms, whatever the cause, and even if we’ve been told they’re possible.
Our total liability, and that of our people, for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event that gave rise to the claim, and (b) US$100.

These limits apply to every kind of claim, whether in contract, tort (including negligence), under a statute or otherwise, and they apply even if a remedy in these Terms fails of its essential purpose.

Nothing in these Terms limits liability that the law doesn’t allow to be limited. Some states don’t allow some of the exclusions and limits in sections 15 and 16, so some of them may not apply to you.

17. Your responsibility to us

If someone brings a claim against us or our people because of your content (for example, because you uploaded a photo of another person), your misuse of the Service, or your breach of these Terms or the law, you’ll cover the losses and reasonable costs that result, including reasonable legal fees, to the extent the law allows. We’ll tell you about the claim promptly. We may choose to handle the defense ourselves, and if we do, you’ll give us the help we reasonably ask for.

18. Disputes: arbitration and class action waiver

Please read this section carefully. It affects your legal rights, including your right to sue in court and to have a jury hear your claim.

Talk to us first. Most concerns can be sorted out quickly by emailing support@livingdiet.app. Before either of us starts an arbitration or a court case, the one with the complaint must send the other a written notice that gives their name, the email address on the account, what the dispute is about and what they want done. Send yours to legal@livingdiet.app; we’ll send ours to your account’s email address. We’ll each then try in good faith to settle it for 60 days. Any deadline for bringing the claim is paused during those 60 days.

We both agree to arbitrate. If we can’t settle it, you and we agree that any dispute or claim arising out of or relating to these Terms or the Service, including claims about your information and claims that arose before you agreed to these Terms, will be decided by binding individual arbitration and not in court. There are three exceptions:

either of us can bring an individual claim in small claims court, if it qualifies;
either of us can go to court to stop infringement or misuse of intellectual property; and
any claim that the law doesn’t allow to be sent to arbitration stays in court.

How arbitration works. The arbitration will be run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are at adr.org, as changed by this section. One arbitrator will decide the dispute. The hearing will be by video, by phone or on written submissions, or in person in the county where you live if a hearing in person is needed. The arbitrator can award you, individually, anything a court could, and will give a written decision with reasons. A court can enforce the award. The arbitrator decides all questions about this section, including whether a dispute must be arbitrated, except that only a court can decide whether the class action waiver below or the rules on mass filings can be enforced. The Federal Arbitration Act governs this section.

Costs. The AAA’s rules set the fees. You pay only the filing fee the AAA sets for consumers, and we pay the rest of the AAA’s and the arbitrator’s fees. Each of us pays our own lawyers unless the law or the arbitrator says otherwise. We won’t ask you to pay our legal fees unless the arbitrator finds your claim was frivolous or brought for an improper purpose.

No class actions. You and we can bring claims against each other only as individuals. Neither of us can bring a claim as a plaintiff or a member of a class, or in any collective, consolidated, representative or private attorney general proceeding. The arbitrator can’t combine more than one person’s claims and can award relief only to the individual who brought the claim. If a court decides this waiver can’t be enforced for a particular claim or remedy (such as a request for public injunctive relief), that claim or remedy alone will be decided in court, after the arbitration of everything else is finished.

Mass filings. If 25 or more similar demands for arbitration are brought against us by the same or coordinated lawyers, the AAA’s Mass Arbitration Supplementary Rules apply to them, and any deadline for bringing those claims is paused from the time a demand is filed until that claim is decided.

No jury. To the fullest extent the law allows, you and we give up the right to a jury trial.

You can opt out. You can opt out of this section 18 by emailing legal@livingdiet.app within 30 days of the day you first agree to these Terms. Give your name and the email address on your account, and say that you opt out of arbitration. If you opt out, the rest of these Terms still applies, and disputes go to the courts named in section 19.

If part of this section fails. If any part of this section 18 can’t be enforced, the rest of it still applies, apart from what’s said above about the class action waiver.

19. Governing law and courts

The laws of the State of [GOVERNING LAW STATE] govern these Terms and any dispute between us, without regard to its rules on conflicts of law, except that the Federal Arbitration Act governs section 18. Any dispute that isn’t arbitrated and isn’t in small claims court will be heard only in the state or federal courts in [COUNTY], [GOVERNING LAW STATE], and you and we agree to those courts having jurisdiction.

20. Changes to these Terms

We may update these Terms. If a change is significant, we’ll tell you by email or in the app at least 30 days before it takes effect, and we may ask you to agree again. If you keep using the Service after a change takes effect, you accept it. If you don’t agree, stop using the Service and cancel your plan before then. A change to section 18 doesn’t apply to a dispute that either of us has already given written notice of.

21. Copyright complaints

If you believe something on the Service infringes your copyright, send a notice to our copyright agent with: your contact details; the work you say is infringed; where the material is on the Service; a statement that you believe in good faith the use isn’t authorized by the owner, its agent or the law; a statement, under penalty of perjury, that your notice is accurate and that you’re the owner or allowed to act for the owner; and your physical or electronic signature.

We close the accounts of people who repeatedly infringe.

22. General

The whole agreement. These Terms, and any extra terms we give you for a particular plan, service or purchase, are the whole agreement between you and us about the Service. Where extra terms differ from these Terms, the extra terms win for the thing they cover.

If part fails. If a court or arbitrator finds part of these Terms can’t be enforced, the rest still applies.

No waiver. If we don’t enforce part of these Terms, that doesn’t mean we’ve given up the right to.

Transfers. You can’t transfer these Terms or your account to anyone else. We can transfer these Terms to an affiliate, or to a company that takes over the Service or our business.

Who can rely on these Terms. Our people can rely on sections 15 to 18. Otherwise, apart from what section 10 says about Apple, nobody else has rights under these Terms.

Notices. We’ll send notices to the email address on your account or show them in the app, and you agree that notices sent that way meet any legal requirement for a notice in writing. Send legal notices to us at legal@livingdiet.app, or by post to the address below.

Events outside our control. We aren’t responsible for a failure or delay caused by something outside our reasonable control.

California residents. Under California Civil Code section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

Contact us. [COMPANY LEGAL NAME], [MAILING ADDRESS]. Email support@livingdiet.app for help with the Service, or legal@livingdiet.app for legal notices.