Legal

Acceptable Use and User-Generated Content Policy (Misura)

Field Value
Responsible entity Rafael Antonio Berrios Cuneo
Address Tacna, Perú
Contact email rafoantoni@gmail.com
Website misura-app.com
Copyright agent (DMCA) Rafael Antonio Berrios Cuneo
DMCA agent email rafoantoni@gmail.com
DMCA agent address Tacna, Perú
Effective date August 7, 2026
Governing law Peru
Scope Worldwide

Document key: acceptable-use-and-ugc

1. Binding nature, scope, and incorporation

1.1. This Acceptable Use and User-Generated Content Policy (the "Policy") is a binding and enforceable agreement between you (the "User", "you") and Rafael Antonio Berrios Cuneo, the company that owns and operates the Misura mobile application for iOS and Android, the website misura-app.com, and all associated services, features, content, APIs, software, integrations, and materials (collectively, the "Service").

1.2. This Policy is an integral part of the Misura Terms of Service (the "Terms") and is incorporated into them by reference. In the event of a conflict between this Policy and the Terms regarding User conduct or User Content, the provision more protective of Rafael Antonio Berrios Cuneo shall prevail, to the maximum extent permitted by applicable law.

1.3. By accessing the Service, creating an account, submitting User Content, or using any feature of the Service, you represent that you have read, understood, and agreed to be bound by this Policy. If you do not agree, you must not access or use the Service.

1.4. The Service is offered worldwide. This Policy applies to all Users regardless of their location, without prejudice to Section 22 (Mandatory local rights).

1.5. Rafael Antonio Berrios Cuneo may issue guidelines, community rules, in-app notices, or feature-specific policies that supplement this Policy; such materials are deemed part of this Policy while in effect.

2. Definitions

2.1. "User Content" means any data, text, image, photograph, activity card, User-created food, "request a food" submission, custom recipe, saved routine or plan, comment, profile name, avatar, metadata, or any other material that the User creates, uploads, submits, transmits, posts, shares, or otherwise makes available through the Service.

2.2. "Health and Activity Data" means body weight data, workouts, GPS runs, dietary intake, muscle volume/load, physiological metrics, and any other health, fitness, or nutrition data processed through the Service.

2.3. "Third-Party Integrations" means third-party services that the User chooses to connect to the Service, including, without limitation, intervals.icu (and Strava and Garmin data obtained through intervals.icu), Hevy, Apple Health, and Android Health Connect.

2.4. "Objectionable Content" means any User Content or conduct falling within Sections 5, 6, or 7, as well as any content or conduct that Rafael Antonio Berrios Cuneo reasonably determines to be abusive, harmful, unlawful, or otherwise unacceptable.

2.5. Capitalized terms not defined here have the meaning given to them in the Terms.

3. Eligibility and account responsibility

3.1. The User represents that they are at least 18 years old, or the age of majority in their jurisdiction, and have full legal capacity to enter into this agreement. The Service is not directed to minors, and Rafael Antonio Berrios Cuneo does not knowingly collect data from minors. If the User does not meet these requirements, they must not use the Service.

3.2. The User is solely responsible for all activity conducted under their account, for maintaining the confidentiality of their credentials, and for immediately notifying Rafael Antonio Berrios Cuneo at rafoantoni@gmail.com of any unauthorized use or security breach.

3.3. The User may not create accounts by automated means, assign or transfer their account, or allow third parties to use it without Rafael Antonio Berrios Cuneo's authorization.

4. Zero-tolerance policy

4.1. Rafael Antonio Berrios Cuneo maintains a ZERO-TOLERANCE policy toward Objectionable Content and abusive conduct. No content, behavior, message, submission, or interaction that is objectionable, abusive, harassing, unlawful, infringing, hateful, sexually explicit, dangerous to health, fraudulent, or otherwise in breach of this Policy will be tolerated.

4.2. Rafael Antonio Berrios Cuneo reserves the right to remove such content and to suspend, restrict, or terminate the offending User's account immediately, without prior notice, and at its sole discretion, to the maximum extent permitted by applicable law.

4.3. This zero-tolerance policy applies to all User Content and to all conduct within the Service, including — without limitation — features that allow sharing content with other Users or making it publicly visible (for example, shared activity cards, User-created foods incorporated into shared catalogs, and "request a food" submissions).

5. Prohibited conduct

To the maximum extent permitted by applicable law, the User agrees NOT to, and not to permit or enable any third party to:

5.1. Use the Service for any unlawful, fraudulent, or unauthorized purpose, or in violation of any law, regulation, or third-party right.

5.2. Harass, threaten, intimidate, bully, stalk, defame, libel, or abuse any person, or incite others to do so.

5.3. Impersonate or misrepresent the identity of any person or entity, or their affiliation with one (including Rafael Antonio Berrios Cuneo, its staff, coaches, health professionals, or other Users).

5.4. Collect, extract, scrape, index, cache, or harvest data, content, food catalogs, nutritional data, or other Users' data from the Service by manual or automated means (including bots, crawlers, scrapers, or spiders), except with the express written authorization of Rafael Antonio Berrios Cuneo.

5.5. Interfere with, overload, damage, or impair the Service or the servers, networks, or infrastructure supporting it, or circumvent, disable, or attempt to breach rate limits, security measures, authentication, or access controls.

5.6. Reverse engineer, decompile, disassemble, decrypt, or attempt to derive the source code, models, algorithms (including the PPA plan engines and on-device vision models), or any component of the Service, except to the extent such restriction is prohibited by mandatory law.

5.7. Introduce, upload, or transmit viruses, malware, spyware, trojans, malicious code, or any material designed to harm, disrupt, intercept, or expropriate systems or data.

5.8. Use the Service to send unsolicited communications, spam, pyramid schemes, unauthorized advertising, deceptive marketing, or commercial solicitations.

5.9. Circumvent, disable, or interfere with the Service's security, moderation, or payment features, with the mechanisms provided for in Section 14, or with any usage restriction.

5.10. Falsify, manipulate, or fraudulently inflate data, metrics, activities, GPS runs, foods, nutritional values, or any other data within the Service, including creating false data that could contaminate shared catalogs or mislead other Users.

5.11. Conduct penetration testing, vulnerability scanning, or other security testing of the Service without Rafael Antonio Berrios Cuneo's prior written authorization.

5.12. Use the Service in any manner exceeding the intended personal, non-commercial use, unless expressly authorized in writing by Rafael Antonio Berrios Cuneo.

6. Prohibited content

To the maximum extent permitted by applicable law, the User agrees NOT to create, upload, submit, post, share, or make available any User Content that:

6.1. Is unlawful, or that promotes, facilitates, or provides instructions for unlawful activities.

6.2. Infringes or violates the copyrights, trademarks, patents, trade secrets, rights of publicity, privacy, or any other intellectual property or personal right of a third party, or that the User does not have the right to make available.

6.3. Is harassing, threatening, intimidating, abusive, defamatory, libelous, or invasive of a third party's privacy.

6.4. Is hateful, discriminatory, or that promotes violence or hatred against persons or groups on the basis of race, ethnicity, national origin, religion, sex, gender identity or expression, sexual orientation, disability, age, medical condition, or any other protected characteristic.

6.5. Is sexually explicit, pornographic, obscene, or of a sexual nature; or that exploits, sexualizes, or endangers minors in any way. Child sexual exploitation or abuse is strictly prohibited and will be reported to the competent authorities and applicable reporting hotlines (including NCMEC where applicable), to the maximum extent required or permitted by law.

6.6. Is dangerous to health or constitutes health, nutrition, or training misinformation capable of causing harm, including — without limitation —:

  • (a) content that promotes, glorifies, or provides instructions for eating disorders, starvation diets, purging, or "pro-ana" / "pro-mia" behaviors;
  • (b) extreme, dangerous, or medically unsafe nutrition, fasting, or weight-loss plans;
  • (c) promotion, sale, or instructions for the use of doping substances, anabolic steroids, banned substances, dangerous supplements, or unsafe dosages;
  • (d) false, unproven, or misleading medical or nutritional claims presented as fact or as professional advice;
  • (e) training protocols that ignore signs of injury or promote objectively dangerous behavior.

6.7. Is spam, repetitive, deceptive, filler ("keyword stuffing") content, or unauthorized advertising, promotion, or solicitation.

6.8. Contains or links to viruses, malware, or other harmful code, or to phishing or fraud sites.

6.9. Impersonates any person or entity, or misrepresents the User's affiliation with a person or entity.

6.10. Discloses a third party's personal or confidential information without authorization (including doxxing), or third-party health data without a legal basis.

6.11. In the specific context of Misura, additionally: (a) User-created foods with false, misleading, or fraudulent names, brands, or nutritional values; (b) abusive, spam, or malicious submissions to the "request a food" feature; (c) recipes or routines that incorporate content prohibited under this Section 6; (d) shared activity cards that contain objectionable content, third-party images without authorization, or location metadata that exposes third parties without their consent.

7. Security, technical integrity, and Third-Party Integrations

7.1. The User agrees not to interfere with the technical integrity or security of the Service, as detailed in Sections 5.4 through 5.11, whose prohibitions are incorporated here by reference.

7.2. When the User connects Third-Party Integrations (intervals.icu — including Strava and Garmin data —, Hevy, Apple Health, and Android Health Connect), the User represents that: (a) they have the right to connect such accounts and to transfer the corresponding data to the Service; (b) they will comply with the terms, policies, and restrictions of such third parties; and (c) they will not use the Third-Party Integrations to circumvent this Policy or to introduce false, infringing, or objectionable data into the Service.

7.3. Rafael Antonio Berrios Cuneo does not control and is not responsible for third-party services. The User's use of Third-Party Integrations is governed by the terms of those third parties, and Rafael Antonio Berrios Cuneo disclaims all liability in this regard to the maximum extent permitted by applicable law.

7.4. The Service is offline-first and analytics are opt-out, as described in the Misura Privacy Notice. Nothing in this Policy limits the User's privacy rights described in that Notice.

8. User-Generated Content: ownership

8.1. The User retains ownership of any intellectual property rights they hold in their User Content. This Policy does not transfer ownership of User Content to Rafael Antonio Berrios Cuneo.

8.2. The User is solely responsible for their User Content and for the consequences of creating, uploading, sharing, or making it available. Rafael Antonio Berrios Cuneo assumes no obligation to store, retain, or make available User Content, and may remove it in accordance with Sections 13 and 14.

9. User representations and warranties regarding User Content

With respect to all User Content they create, upload, submit, or share, the User represents and warrants, on an ongoing basis, that:

9.1. They own, or have all necessary rights, licenses, consents, and authorizations to, such User Content, including those necessary to grant the license in Section 10.

9.2. The User Content, and Rafael Antonio Berrios Cuneo's use of it in accordance with this Policy, does not infringe or violate the intellectual property, privacy, publicity, contractual, or other rights of any third party.

9.3. The User Content is not unlawful, nor Objectionable Content, nor otherwise in breach of Sections 4, 5, 6, or 7.

9.4. Any health, nutrition, training, or third-party data the User contributes has been lawfully obtained, and the User has every legal basis necessary for its processing through the Service.

9.5. The User has obtained the consent of every identifiable person appearing in, or whose data is included in, the User Content (including images in shared activity cards) before making it available.

9.6. Any nutritional or food-composition information the User contributes is, to the best of their knowledge, truthful and not misleading, and the User understands that such content may be made available to other Users.

10. License granted to Rafael Antonio Berrios Cuneo

10.1. License grant. The User hereby grants Rafael Antonio Berrios Cuneo, to the maximum extent permitted by applicable law, a worldwide, non-exclusive, transferable, sublicensable, royalty-free, perpetual, and irrevocable (except as provided in 10.4) license to host, store, use, reproduce, copy, back up, process, adapt, modify, translate, create derivative works of, publish, transmit, distribute, publicly display and perform, and otherwise make available the User Content, for the following purposes:

  • (a) to operate, provide, maintain, protect, and improve the Service;
  • (b) to develop new features, food catalogs, content, and products;
  • (c) to promote, market, and advertise the Service and Rafael Antonio Berrios Cuneo, in any medium or format now known or hereafter developed; and
  • (d) any other purpose consistent with the foregoing and with the Misura Privacy Notice.

10.2. Scope. The foregoing license includes Rafael Antonio Berrios Cuneo's right to: (a) incorporate User Content (for example, User-created foods and "request a food" submissions) into catalogs, databases, and shared features of the Service; (b) use User Content in aggregated, de-identified, or anonymized form without limitation; and (c) sublicense these rights to service providers acting on its behalf.

10.3. Moral-rights waiver. To the maximum extent permitted by applicable law, the User waives, and agrees not to assert against Rafael Antonio Berrios Cuneo or its sublicensees, any moral rights or other analogous rights (including rights of attribution and integrity) in the User Content. Where such a waiver is not valid in the User's jurisdiction, the User consents to the use of the User Content in accordance with this Policy to the maximum extent permitted by applicable law.

10.4. Survival after deletion. If the User deletes User Content or closes their account, Rafael Antonio Berrios Cuneo will cease the prospective use of such content within a commercially reasonable time, except where it: (a) exists in residual backup copies; (b) has been shared with or incorporated by other Users; (c) has been incorporated into catalogs, aggregated, de-identified, or anonymized data; or (d) must be retained to comply with legal obligations, resolve disputes, or enforce agreements, in which cases the license will survive to the corresponding extent.

10.5. Feedback. Any suggestions, ideas, or feedback the User provides about the Service may be used freely by Rafael Antonio Berrios Cuneo, with no obligation or compensation to the User, to the maximum extent permitted by applicable law.

11. No medical advice and accuracy of community content

11.1. The Service, including PPA plans, nutritional estimates, calorie targets, and food-composition data, is for informational and tracking purposes; it does not constitute medical, nutritional, or professional training advice, nor a diagnosis or treatment. The User should consult a qualified health professional before starting any nutrition or training program.

11.2. User Content (including foods, recipes, routines, and nutritional data created by other Users) may be inaccurate, incomplete, or misleading. Rafael Antonio Berrios Cuneo does not verify or guarantee the accuracy of User Content, and the User uses it at their own risk, to the maximum extent permitted by applicable law.

12. Moderation, removal, and enforcement

12.1. Rafael Antonio Berrios Cuneo has no obligation to monitor User Content, but reserves the right to do so and to review, filter, moderate, refuse to publish, flag, restrict access to, edit, remove, or disable any User Content, at any time, for any reason or no reason, at its sole discretion and without prior notice, to the maximum extent permitted by applicable law.

12.2. Rafael Antonio Berrios Cuneo may use automated and human moderation. Failure to act with respect to particular content does not constitute a waiver of its right to act later.

12.3. Rafael Antonio Berrios Cuneo may retain and disclose User Content and account data where it deems necessary to: (a) comply with the law, legal process, or a governmental request; (b) enforce this Policy and the Terms; (c) detect, prevent, or address fraud, security, or technical issues; or (d) protect the rights, property, or safety of Rafael Antonio Berrios Cuneo, its Users, or the public.

13. Suspension and termination

13.1. Rafael Antonio Berrios Cuneo may, at its sole discretion and to the maximum extent permitted by applicable law, suspend, restrict, limit, or terminate the User's access to the Service, in whole or in part, and remove or disable their account and User Content, with or without prior notice, including — without limitation — in the event of: (a) actual or suspected breach of this Policy or the Terms; (b) creation of Objectionable Content or abusive conduct; (c) legal, security, or reputational risk to Rafael Antonio Berrios Cuneo or third parties; or (d) prolonged inactivity.

13.2. The User may stop using the Service and request deletion of their account at any time through the mechanisms available in the app or by writing to rafoantoni@gmail.com.

13.3. Provisions that by their nature should survive termination (including Sections 8 through 10, 14, and 16 through 23) shall survive.

14. Reporting Objectionable Content and blocking abusive Users

14.1. Reporting mechanism. Any User may report Objectionable Content or abusive conduct by writing to rafoantoni@gmail.com, the contact address set out in the header of this Policy, which is reachable from the app under Settings → Information, in the legal documents section. The report must identify the reported content or User, the approximate date on which it was observed, and the reason; using the subject line "Objectionable Content Report — Misura" is recommended. As of the Effective Date, email is the only reporting channel available: this Policy does not presuppose the existence of any in-app reporting button or feature. If such features are enabled in the future, they will be announced in the Service and will be subject to this Section 14.

14.2. User control over interactions. As of the Effective Date, the Service includes no public profiles, comments, or messaging between Users, except for a single direct link: the link with a nutritionist, which the User voluntarily accepts by invitation and which allows that nutritionist to view the User's data and send them notes. Accordingly, the Service does not offer a general "block User" feature; the User's equivalent control over that link consists of: (a) unlinking the nutritionist at any time, unilaterally and without needing to give a reason, from the app under Settings → My Profile, using the "Unlink" option on the link notice, after which the nutritionist ceases to have access to the User's data and can no longer send them notes; and (b) archiving the notes received. For any other abusive conduct, the available channel is the report provided for in Section 14.1, following which Rafael Antonio Berrios Cuneo may suspend, restrict, or terminate the offending account in accordance with Sections 12 and 13.

14.3. Response timeframe. Rafael Antonio Berrios Cuneo will review reports of Objectionable Content and, where it confirms a violation, will remove the infringing content and/or eject the offending User within 24 (twenty-four) hours of receiving a valid report, to the maximum extent operationally feasible. Rafael Antonio Berrios Cuneo may take additional measures under Sections 12 and 13.

14.4. Misuse of the reporting channel provided for in Section 14.1 or of the controls described in Section 14.2 (for example, false, mass, or bad-faith reports) constitutes a breach of this Policy.

15. Copyright and DMCA notices

15.1. Rafael Antonio Berrios Cuneo respects the intellectual property rights of third parties and will respond to notices of alleged infringement in accordance with applicable law, including the U.S. Digital Millennium Copyright Act ("DMCA") where applicable, and the intellectual property legislation of Peru and of the User's jurisdiction.

15.2. If you believe that your work has been copied or used in a manner that constitutes copyright infringement, you may notify Rafael Antonio Berrios Cuneo's Copyright Agent:

15.3. The notice must include, to the maximum extent required by applicable law: (a) a physical or electronic signature of the rights holder or their representative; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location on the Service; (d) the notifier's contact information; (e) a good-faith statement that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that the notifier is authorized to act.

15.4. Rafael Antonio Berrios Cuneo may remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. The counter-notification procedure and other details are governed by the Misura copyright / DMCA policy, which is incorporated here by reference.

16. Rafael Antonio Berrios Cuneo's intellectual property

16.1. The Service and all of its content (excluding User Content), including software, design, interface, trademarks, logos, text, graphics, icons, proprietary food and nutrient databases, plan engines, and models, are owned by Rafael Antonio Berrios Cuneo or its licensors and are protected by intellectual property laws.

16.2. Rafael Antonio Berrios Cuneo grants the User a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes, subject to this Policy and the Terms. All rights not expressly granted are reserved to Rafael Antonio Berrios Cuneo.

17. Paid features and subscriptions

Note: the provisions of this Section 17 apply only once subscriptions or in-app purchases are activated. As of the Effective Date, the Service does not offer payments; the full commercial and billing terms will be set out in the Misura Terms of Service.

17.1. Once activated, subscriptions and in-app purchases will be processed through the Apple App Store and/or Google Play mechanisms, and will be subject to the terms of those platforms in addition to the Misura Terms of Service.

17.2. In connection with paid features, and to the maximum extent permitted by applicable law, the User agrees NOT to: (a) circumvent, manipulate, or defraud payment or in-app purchase mechanisms; (b) make fraudulent chargebacks or abuse refunds, free trials, or promotional offers; (c) share, resell, or transfer credentials or access to paid features to evade fees; or (d) use automated or deceptive means to obtain access to paid features without paying for them.

17.3. Breach of this Section 17 constitutes a violation of this Policy and may result in the measures set out in Sections 12 and 13, without prejudice to the User's non-waivable refund rights under applicable law and platform policies.

18. Disclaimer of warranties regarding third-party User Content

18.1. To the maximum extent permitted by applicable law, the Service and all third-party User Content are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or availability.

18.2. Rafael Antonio Berrios Cuneo does not endorse, does not verify, and is not responsible for User Content created by other Users, or for the decisions the User makes based on it, including health, nutrition, or training decisions.

19. Indemnification

19.1. To the maximum extent permitted by applicable law, the User agrees to indemnify, defend, and hold harmless Rafael Antonio Berrios Cuneo, its affiliates, officers, employees, agents, licensors, and suppliers, from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) the User Content; (b) the User's use of the Service; (c) the User's breach of this Policy, the Terms, or the law; or (d) the User's infringement of third-party rights.

20. Worldwide scope and mandatory local rights

20.1. The Service is offered worldwide, and this Policy applies to all Users regardless of their location.

20.2. Mandatory-rights carve-out. Nothing in this Policy limits, excludes, or reduces rights that the User has on a mandatory and non-waivable basis under the consumer protection, data protection, or other public-order laws of their jurisdiction of habitual residence. In the event of a conflict between a provision of this Policy and a mandatory, non-waivable right of the User, such mandatory right shall prevail, only to the extent of the conflict and only with respect to that User, with the remainder of this Policy remaining in full force and effect.

21. Governing law

21.1. This Policy is governed by and construed in accordance with the laws of Peru, without giving effect to conflict-of-law rules, except as provided in Section 20.2.

21.2. Nothing in this Section deprives the consumer User of the protection of the mandatory rules of their jurisdiction of habitual residence, in accordance with Section 20.2.

22. Severability and enforcement to the maximum extent permitted

22.1. Each provision of this Policy shall be interpreted so as to be valid and enforceable to the maximum extent permitted by applicable law. If a provision (or part of it) is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity shall be limited to that provision and jurisdiction, the provision shall be construed so as to approximate the original intent as closely as possible, and the remaining provisions shall remain in full force and effect.

22.2. Rafael Antonio Berrios Cuneo's failure or delay in exercising any right does not constitute a waiver of that right.

23. Modifications

23.1. Rafael Antonio Berrios Cuneo may modify this Policy at any time. The current version will be published in the app and/or on misura-app.com with its effective date. Continued use of the Service after changes are published constitutes acceptance of the modified Policy, to the maximum extent permitted by applicable law. Where required by law, the User's consent will be obtained or prior notice will be given.

24. Contact

24.1. For inquiries, reports, or notices relating to this Policy:

25. Acknowledgment

25.1. BY USING THE SERVICE, THE USER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THIS POLICY AND AGREES TO BE BOUND BY IT, AS WELL AS BY THE MISURA TERMS OF SERVICE AND THE MISURA PRIVACY NOTICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Faithful English translation. Document: acceptable-use-and-ugc. Effective date: August 7, 2026. In the event of any discrepancy with the Spanish canonical version, the Spanish version prevails, without prejudice to the User's mandatory, non-waivable rights under Section 20.2.