Misura Health & Medical Disclaimer

Document: Health & Medical Disclaimer Document key: health-medical-disclaimer Responsible entity: Rafael Antonio Berrios Cuneo ("Rafael Antonio Berrios Cuneo", "we", "our" or "Misura") Address: Tacna, Perú Contact email: rafoantoni@gmail.com Website: misura-app.com Effective date: August 7, 2026 Scope: Worldwide (all countries and territories where the Service is available) Governing law: Peru (subject to the mandatory local-rights carve-out in Section 20)

0. Scope of this document and prominent notice

0.1. This Health & Medical Disclaimer (the "Disclaimer") forms an integral part of the Misura Terms of Service and must be read together with them and with the Privacy Policy. In the event of a conflict between this Disclaimer and the Terms of Service on matters strictly related to health, physical activity, nutrition and data accuracy, whichever provides greater protection to Rafael Antonio Berrios Cuneo shall prevail to the maximum extent permitted by applicable law, without prejudice to Section 20.

0.2. "Misura" or the "Service" comprises the Misura mobile application for iOS and Android, the misura-app.com website, and any related service, content, feature, data, calculation, chart, recommendation, plan, score, estimate, notification or material that Rafael Antonio Berrios Cuneo makes available, including features for tracking nutrition, training (running and gym), body weight, workouts, GPS runs, dietary intake, muscle volume and work, training plans (including the PPA plan engine) and on-device vision features.

0.3. PROMINENT NOTICE. MISURA IS AN INFORMATIONAL AND SELF-TRACKING TOOL. IT IS NOT A MEDICAL DEVICE, IT IS NOT A HEALTHCARE SERVICE, IT DOES NOT PROVIDE MEDICAL, NUTRITIONAL, DIETARY, FITNESS OR ANY OTHER PROFESSIONAL ADVICE, AND IT DOES NOT REPLACE THE JUDGMENT OF A PHYSICIAN, REGISTERED DIETITIAN-NUTRITIONIST, PHYSICAL THERAPIST, CERTIFIED TRAINER OR OTHER DULY QUALIFIED HEALTH PROFESSIONAL. Do not use Misura to diagnose, treat, cure, mitigate or prevent any illness or health condition. In any emergency, immediately call your local emergency services (see Section 8).

0.4. By downloading, installing, accessing or using the Service, or by continuing to use it after the Effective date, you acknowledge that you have read, understood and accepted this Disclaimer in its entirety. If you do not agree, do not use the Service.

1. Nature of the Service: informational and self-tracking purposes only

1.1. All content, data, text, graphics, numbers, plans, targets, goals, scores, estimates, recommendations, suggestions, reminders, calculations and material available through the Service (collectively, the "Content") is provided solely for informational, educational, personal-organization and self-tracking purposes.

1.2. The Content does not constitute and is not intended to constitute, and must not be construed as: (a) medical advice; (b) nutritional or dietary advice; (c) a prescription, therapeutic plan, clinical protocol or treatment regimen; (d) fitness, sports-training or rehabilitation advice tailored to your individual situation; (e) a diagnosis, clinical evaluation or screening; or (f) any recommendation regarding the dosing of medications, supplements or any substance.

1.3. The Service does not practice medicine, dietetics-nutrition, physical therapy, psychology or any other regulated health profession, nor does it purport to do so. No automated feature, algorithm, planning engine, model, calculation or vision feature of the Service constitutes a professional health act.

1.4. The Service's features — including, without limitation, calculations of calories, macronutrients, micronutrients, amino acids, intake targets, training loads, TSS/CTL/ATL/form or analogous metrics, VDOT, heart-rate zones, thresholds, pace estimates, session recommendations, muscle volumes and scores — are personal-organization support tools, not clinical guidance. You are solely responsible for deciding whether to act on them and for doing so under professional supervision where appropriate.

1.5. Misura may present general information about nutrition, exercise and wellness. Such general information is never tailored to your particular circumstances and must not be treated as if it were.

2. Definitions

2.1. "Qualified health professional": a licensed physician, registered dietitian-nutritionist, physical therapist, psychologist, psychiatrist or other duly authorized and licensed health professional under the law of the user's jurisdiction.

2.2. "Physical activity": any exercise, training, run, gym session, weightlifting, stretching, routine or physical exertion performed by the user, whether or not logged in the Service and whether or not derived from a plan, suggestion or target of the Service.

2.3. "Nutrition data": food-composition values, calories, macronutrients, micronutrients, amino acids, portions, allergens, ingredients and any other dietary data displayed, calculated or stored by the Service, regardless of its origin.

2.4. "User-generated content" (UGC): user-created foods, "request a food" submissions, custom recipes, saved routines, shared activity image-cards, and any other content submitted, created or shared by users of the Service.

2.5. "Third-party integrations": external services with which the user may connect the Service, including, without limitation, intervals.icu (and data originating from Strava and Garmin through intervals.icu), Hevy, Apple Health and Android Health Connect.

2.6. "ED": eating disorders.

3. No doctor-patient or professional-client relationship

3.1. Use of the Service does not create any doctor-patient, dietitian-patient, trainer-client, therapist-patient or any other professional-client relationship between you and Rafael Antonio Berrios Cuneo, its owners, officers, employees, contractors, collaborators or providers.

3.2. No communication you have through the Service (including forms, food requests, support messages, notifications, automated content or system-generated responses) creates a professional health relationship, nor imposes on Rafael Antonio Berrios Cuneo any duty of clinical care, duty of follow-up or any healthcare obligation whatsoever.

3.3. Rafael Antonio Berrios Cuneo does not supervise, does not clinically monitor and is not obligated to review your health status, your data, your logs or your decisions. The absence of a warning, alert or intervention by the Service must not be construed as validation, clinical approval or confirmation of the safety of any behavior, diet or activity.

4. Consult a professional before any change (mandatory prior consultation)

4.1. Before starting, modifying, intensifying, reducing or discontinuing any diet, nutritional regimen, meal plan, fast, supplementation program, exercise routine, training program, weight goal or any other health-related behavior suggested, calculated, facilitated or inspired by the Service, you must consult and obtain clearance from a qualified health professional.

4.2. This prior consultation is especially critical — and you undertake to obtain it — if you: (a) have or suspect you have any medical condition, acute or chronic (including, without limitation, cardiovascular disease, hypertension, diabetes, metabolic, renal, hepatic, respiratory, musculoskeletal, neurological, autoimmune or mental-health conditions); (b) are pregnant, believe you may be, plan to be, or are breastfeeding; (c) take any medication, prescription or over-the-counter, or any supplement; (d) have a history of injuries, surgeries or physical limitations; (e) have a history, current or past, of ED or of a problematic relationship with food, weight or exercise; (f) are a minor under the law of your jurisdiction; (g) are an older or sedentary person resuming physical activity; or (h) present any symptom, risk factor or doubt about your fitness for physical activity or for a given nutritional regimen.

4.3. You are solely responsible for determining, with professional help, whether a given food, diet, supplement, intensity, volume, exercise, target or goal is appropriate and safe for you. Never disregard, avoid or delay seeking professional medical advice because of something you have read, seen or calculated on the Service.

4.4. Minors: the Service is not designed or intended to provide health guidance to minors. Where applicable law requires parental or guardian consent for a minor's use of the Service, such use is conditioned on the supervision of a responsible adult and, where appropriate, a qualified health professional.

5. Assumption of risk and release for physical activity and exercise

5.1. ACKNOWLEDGMENT OF RISK. You acknowledge and understand that all physical activity and all exercise carry inherent and significant risks, including, without limitation: muscle, joint, tendon, bone or soft-tissue injuries; sprains, tears, fractures and overuse injuries; falls and trauma; dehydration, heat stroke, hypothermia; cardiovascular events (including myocardial infarction, arrhythmias and stroke); loss of consciousness; permanent injury; and, in extreme cases, death. These risks may arise from the activity itself, from pre-existing conditions, from public roads, terrain, weather, traffic, equipment or the facilities where the activity takes place.

5.2. VOLUNTARY ASSUMPTION OF RISK. To the maximum extent permitted by applicable law, you freely, voluntarily, knowingly and expressly assume all such risks, whether known or unknown, foreseeable or unforeseeable, arising out of or related to any physical activity or exercise you perform, plan, log or follow in connection with the Service.

5.3. RELEASE AND WAIVER. To the maximum extent permitted by applicable law, you release, discharge and waive any claim against Rafael Antonio Berrios Cuneo and its owners, partners, officers, directors, employees, contractors, agents, licensors, suppliers and successors (the "Released Parties") for any injury, damage, loss, illness, disability, aggravation of condition or death, as well as any economic or non-economic harm, arising out of or related to: (a) engaging in physical activity or exercise; (b) following any plan, session, target, goal, suggestion, intensity, volume or recommendation displayed, calculated or generated by the Service; (c) your decision to act, or not to act, based on the Content; or (d) your use of or inability to use the Service in connection with your health or physical activity.

5.4. PHYSICAL FITNESS. You represent that you are solely responsible for assessing and ensuring your own physical fitness to perform any activity, stopping immediately and seeking medical attention if you experience pain, dizziness, shortness of breath, chest pain, palpitations, nausea or other warning symptoms. The Service cannot detect or warn about your physical condition in real time.

5.5. This assumption-of-risk and release clause supplements — and does not limit — the disclaimers of warranties and limitations of liability in Sections 13, 14 and 15 and in the Terms of Service.

6. Accuracy of nutrition and exercise data: no warranty; estimated and crowd-sourced data

6.1. NO WARRANTY OF ACCURACY. Nutrition data and the exercise, activity, metrics, calculations and estimates data of the Service are provided "AS IS" and "AS AVAILABLE", without warranty of any kind as to their accuracy, completeness, currency, reliability, suitability or fitness for any purpose, to the maximum extent permitted by applicable law.

6.2. DATA SOURCES. Nutrition data and other data may come from multiple sources, including: public or third-party databases; data contributed collaboratively by other users (crowd-sourced), including user-created foods, custom recipes and "request a food" submissions; data imported from Third-party integrations; algorithmic calculations and estimates; and on-device recognition or vision features. Rafael Antonio Berrios Cuneo does not independently verify the accuracy of all such data and cannot guarantee it.

6.3. ESTIMATED NATURE. Many values in the Service are estimates and approximations (for example, calories, macronutrients, micronutrients, amino acids, portion sizes, energy expenditure, GPS distances and paces, training loads, thresholds, zones and scores). Actual values may differ substantially from those displayed due to food variability, preparation methods, sensor accuracy, GPS conditions, calculation models and individual differences.

6.4. PROHIBITION ON USE FOR MEDICAL DECISIONS. You must not rely on the Service's data to make critical medical or health decisions, including, without limitation:

(a) Allergens and intolerances. The Service is not a reliable source of information on allergens, traces, cross-contamination or complete ingredient composition. If you have food allergies, intolerances or sensitivities, do NOT rely on Misura; always verify the manufacturer's official labeling, and consult the establishment and your health professional. An allergic reaction can be serious or fatal.
(b) Medical diets. The Service is not designed to manage clinical or medically prescribed diets (for example, strict control of sodium, potassium, phosphorus, protein in kidney disease, carbohydrate counting in diabetes, therapeutic ketogenic diets, celiac disease, phenylketonuria, etc.). Do not use it as a clinical control tool.
(c) Dosing. The Service must not be used to calculate, adjust or schedule doses of insulin, medications, electrolytes, supplements or any other substance. Any adjustment must be prescribed and supervised by a qualified health professional.

6.5. You are responsible for reviewing, correcting and validating the data you log and use. Correction or editing of data by the user does not transfer to Rafael Antonio Berrios Cuneo any responsibility for its accuracy.

7. Targets, goals, scores and metrics are estimates

7.1. Every target, goal, daily allowance, recommended range, score, index, load, threshold, zone, fitness level, performance estimate or session recommendation that the Service calculates or displays is an algorithmically generated estimate for guidance purposes, based on general assumptions, on the data you provide and on models that may contain errors or simplifications.

7.2. Such values do not represent your real, safe or optimal needs as an individual, and must not be treated as medical targets or safety limits. "Target" ranges do not imply that it is safe or healthy to reach, exceed or restrict yourself to them.

7.3. You must not rigidly pursue any figure, target or score of the Service to the detriment of your physical or mental health. If in any doubt about the suitability of a target, consult a qualified health professional (see Section 4).

8. Medical emergencies

8.1. THE SERVICE IS NOT DESIGNED FOR EMERGENCY SITUATIONS AND MUST NOT BE USED FOR THEM. Misura does not monitor vital signs in real time, does not detect emergencies, and will not alert emergency services or any third party on your behalf.

8.2. If you or anyone else experiences a medical emergency — including, without limitation, chest pain, difficulty breathing, loss of consciousness, signs of stroke, severe allergic reaction (anaphylaxis), thoughts of self-harm or suicide, or any other potentially life-threatening situation — immediately call your local emergency number (for example, 911, 112, 105 or another applicable in your country) or go to the nearest emergency room. Do not use or wait for any response from the Service.

9. Eating-disorder (ED) sensitivity and resources

9.1. Rafael Antonio Berrios Cuneo recognizes that tools for tracking food, calories, weight and exercise may, in some people, contribute to unhealthy patterns of thought or behavior, or trigger or worsen eating disorders (such as anorexia nervosa, bulimia nervosa, binge-eating disorder or orthorexia) or compulsive exercise behaviors.

9.2. The Service is not a tool for the treatment, prevention or recovery of EDs, and must not be used for that purpose. If you have a history, current or past, of an ED, of a problematic relationship with food, weight or exercise, or if using counting or tracking features causes you anxiety, guilt or restrictive or compulsive behaviors, we strongly recommend that you not use such features and that you consult a qualified health professional immediately.

9.3. Resources. If you or someone you know may be facing an ED or a mental-health crisis, seek professional help. You may contact a qualified health professional, a local helpline specialized in EDs or mental health, or your local emergency services (see Section 8). Rafael Antonio Berrios Cuneo does not provide clinical or crisis services and cannot provide individualized care, referral or follow-up.

9.4. The inclusion of this section constitutes a sensitivity warning and does not create any obligation of monitoring, detection or intervention by Rafael Antonio Berrios Cuneo, nor any duty of clinical care of any kind.

10. Individual results; no guarantee of results

10.1. Results related to health, body composition, weight, athletic performance, nutrition or wellness vary from person to person and depend on numerous factors beyond Rafael Antonio Berrios Cuneo's control, including genetics, health status, consistency, technique, rest, actual diet, environment and professional compliance.

10.2. Rafael Antonio Berrios Cuneo does not promise, does not guarantee and does not warrant any specific result — including, without limitation, weight loss or gain, muscle-mass increase, improved records, improved health or the achievement of any goal. Any testimonial, example, screenshot or case shown in the Service or on misura-app.com is illustrative and does not represent typical or promised results.

11. User-generated content and third-party content

11.1. The Service includes user-generated content (see 2.4) and third-party content. Such content has not been clinically verified, endorsed or approved by Rafael Antonio Berrios Cuneo, which does not endorse it or guarantee its accuracy, safety, suitability or legality.

11.2. Recipes, routines, foods, plans or advice that other users create or share reflect the opinions and data of those users, not of Rafael Antonio Berrios Cuneo. Relying on them is at your sole responsibility and does not relieve you of the duty of prior professional consultation (Section 4).

11.3. Sharing features (for example, activity image-cards) display data that you choose to share; you are responsible for what you share and for the consequences of sharing health or performance information.

12. Third-party integrations

12.1. The Service may connect with Third-party integrations (see 2.5), including intervals.icu (and Strava and Garmin data through intervals.icu), Hevy, Apple Health and Android Health Connect, to import or export health, activity and weight data.

12.2. Rafael Antonio Berrios Cuneo does not control or guarantee the accuracy, availability, completeness or timeliness of data originating from such services, nor the operation of their sensors, devices or algorithms. Errors, delays, gaps or inaccuracies in imported data may affect the Service's calculations and estimates.

12.3. Use of Third-party integrations is additionally governed by the terms and privacy policies of those third parties. Rafael Antonio Berrios Cuneo assumes no responsibility for the acts, omissions, data or practices of third parties.

13. Disclaimer of warranties (applied to health)

13.1. To the maximum extent permitted by applicable law, and without prejudice to the general disclaimer of warranties in the Terms of Service, Rafael Antonio Berrios Cuneo disclaims all warranties, express, implied, statutory or otherwise, in relation to health, nutrition, physical activity and data, including, without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, security, availability and freedom from error.

13.2. Rafael Antonio Berrios Cuneo does not warrant that the Service, its data, calculations, plans, targets or features are appropriate, safe, effective, healthy or suitable for you, or that they will produce any result.

13.3. No oral or written information obtained from Rafael Antonio Berrios Cuneo or through the Service creates any warranty not expressly stated in this Disclaimer.

14. Limitation of liability (applied to health)

14.1. To the maximum extent permitted by applicable law, the Released Parties shall not be liable to you or to any third party for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, or for lost profits, consequential loss, loss of data, reputational harm, or for bodily injury, illness, aggravation of condition, physical or psychological suffering, disability or death, arising out of or related to: (a) the use of or inability to use the Service; (b) physical activity or exercise; (c) any dietary, nutritional or supplementation decision; (d) reliance on the Content, data, estimates, targets or UGC; or (e) any inaccuracy, error, omission or delay of data.

14.2. The foregoing applies regardless of the theory of liability (contract, tort, negligence, strict liability or any other) and even if Rafael Antonio Berrios Cuneo had been advised of the possibility of such damages.

14.3. To the maximum extent permitted by applicable law, the total aggregate liability of the Released Parties arising out of or related to health, nutrition or physical activity within the Service shall be limited in accordance with the liability cap set forth in the Terms of Service.

14.4. Nothing in this Disclaimer excludes or limits Rafael Antonio Berrios Cuneo's liability to the extent that such exclusion or limitation is prohibited by applicable law (see Section 20).

15. Health-related indemnification

15.1. To the maximum extent permitted by applicable law, you undertake to indemnify, defend and hold harmless the Released Parties from and against any claim, demand, action, liability, damage, loss, cost and expense (including reasonable attorneys' fees) arising out of or related to: (a) your breach of this Disclaimer; (b) your physical activity, dietary or supplementation decisions; (c) your reliance on the Content, data, estimates or targets; (d) the user-generated content you create or share; or (e) your use of the Service in contravention of the professional consultation required in Section 4.

16. User acknowledgment and acceptance

16.1. By using the Service, you expressly represent and acknowledge that: (a) you have read and understood this Disclaimer in its entirety; (b) the Service is informational and self-tracking only and does not replace professional care; (c) you voluntarily assume the risks described in Section 5; (d) you are responsible for consulting a qualified health professional before any change (Section 4); (e) you understand that data, targets and scores are estimates that may be inaccurate; and (f) you will not rely on the Service for critical medical decisions, including allergens, medical diets and dosing.

17. Mandatory local rights (non-waiver carve-out)

17.1. Nothing in this Disclaimer is intended to exclude, restrict or impair any right, warranty, protection or remedy that the mandatory (public-order, non-waivable) legislation of the user's jurisdiction of habitual residence, or any other applicable mandatory law, confers on you and that cannot be validly excluded or limited by agreement.

17.2. To the extent that any provision of this Disclaimer — in particular those on assumption of risk, release, disclaimer of warranties, limitation of liability or indemnification — conflicts with such mandatory rights, that provision shall apply only up to the maximum limit permitted by applicable law, and otherwise shall be deemed modulated or disapplied only to the extent strictly necessary to respect those rights, retaining full effect in all other respects.

17.3. Where the user's legislation recognizes statutory consumer guarantees that cannot be excluded, the exclusions and limitations of this Disclaimer shall be deemed applicable only insofar as those guarantees permit.

18. Severability

18.1. If any provision or part of a provision of this Disclaimer is held invalid, illegal or unenforceable by a competent court or authority, that provision shall be construed, reduced or limited to the minimum extent necessary to make it valid and enforceable, preserving as far as possible the intent of the parties and the protection of Rafael Antonio Berrios Cuneo.

18.2. If such construction is not possible, the affected provision shall be deemed severed and struck from this Disclaimer, without affecting the validity, legality and enforceability of the remaining provisions, which shall remain in full force and effect.

19. Governing law

19.1. This Disclaimer is governed by and construed in accordance with Peru, without giving effect to conflict-of-laws rules, and without prejudice to the mandatory local-rights carve-out in Section 17 and to the reference to the Terms of Service on matters of jurisdiction and dispute resolution.

19.2. The Service is offered worldwide. The fact that Rafael Antonio Berrios Cuneo makes the Service available in a given jurisdiction does not imply that the Service, its Content or its practices are appropriate or legally available everywhere; you access it on your own initiative and are responsible for compliance with local law.

20. Relationship with other documents

20.1. This Disclaimer is incorporated by reference into the Misura Terms of Service and must be read together with them and with the Privacy Policy. Terms defined in the Terms of Service and not defined here retain the meaning established there.

20.2. The clauses of the Terms of Service on disclaimer of warranties, limitation of liability, indemnification, liability cap, governing law, jurisdiction and dispute resolution supplement this Disclaimer and apply to the health matters addressed here. As specifically regards health, physical activity, nutrition and data accuracy, this Disclaimer prevails in the event of conflict pursuant to Section 0.1.

21. Amendments to this Disclaimer

21.1. Rafael Antonio Berrios Cuneo may amend this Disclaimer at any time, to the maximum extent permitted by applicable law. The version in force will be published in the Service and/or on misura-app.com with its Effective date updated.

21.2. Continued use of the Service after the publication of an amended version constitutes your acceptance of that version. If you do not agree with the amendments, you must stop using the Service.

22. Language and canonical version

22.1. The Spanish version of this Disclaimer is the canonical version. Any translation into other languages (including this English version) is provided solely for the user's convenience. In the event of any discrepancy or conflict of interpretation, the Spanish version shall prevail, to the maximum extent permitted by applicable law and without prejudice to the mandatory local rights in Section 17.

23. Contact

23.1. For inquiries about this Disclaimer, you may contact Rafael Antonio Berrios Cuneo at:

Entity: Rafael Antonio Berrios Cuneo
Address: Tacna, Perú
Email: rafoantoni@gmail.com
Website: misura-app.com

23.2. For intellectual-property matters or content-takedown notices (DMCA), contact the designated agent identified in the Terms of Service: Rafael Antonio Berrios Cuneo, rafoantoni@gmail.com, Tacna, Perú.

End of document.