*This is the text intended for testers. Everything below this line and above "END OF PART 1"
is the agreement.*
Between: Aziz Makkan, sole trader, of [address], trading as SOMIQ ("me", "I",
"my") — and you, the person accepting this agreement (the "tester", "you",
"your").
Date: the date you accept it in the app.
SOMIQ is not released yet. You are seeing it before anyone outside a group of seven people,
and you are seeing things that are not published anywhere: how the coach is built, how it
speaks, how the app looks, and ideas that have not shipped. I am asking you to keep that to
yourself, and not to take it and build it.
You are doing me a favour by testing. This is short on purpose. If any of it bothers you, tell
me and we will sort it out — I would rather change the agreement than lose you.
You can use SOMIQ for yourself, and you can tell me what you think of it. That is the whole of
the permitted use.
You may also show the app, in person, to someone who is in the room with you — a partner, a
friend — as long as you do not send them anything and do not explain how it works. If you want
to do more than that, ask me first and I will usually say yes.
The things listed in the Schedule at the end of this agreement, plus anything else I give
you or show you about SOMIQ that is obviously not public.
Specifically, please do not:
a group chat, on social media, or to a mailing list;
model, its design — to anyone building or planning anything in health, fitness, nutrition or
AI coaching;
control;
not;
or reproduce them.
This does not apply to anything that is already public, anything you already knew before you
started testing, anything you work out entirely independently, or anything I later publish
myself. It also does not stop you telling anyone that you are testing an app called SOMIQ, or
saying what you think of it in general terms ("it's a health app, the coach is good").
If a court, regulator or the police require you to disclose something, do so — tell me first
if you are allowed to.
While you are testing, and for three years after you stop, you must not:
closely imitates** anything in the Schedule; or
This is not a general ban on working in health or fitness. You can keep your job, coach
clients, build fitness products, and compete with me — you simply cannot do it **using what you
learned from testing SOMIQ**. If you had the idea already, or you get there without SOMIQ, that
is yours and I have no claim on it.
Anything you tell me about SOMIQ — bug reports, criticism, suggestions, feature ideas, wording,
a better way to do something — is mine to use, keep, change and build on, for free, for good,
anywhere, without crediting or paying you.
You assign to me all intellectual property rights in that feedback, and to the extent an
assignment does not take effect, you grant me an irrevocable, perpetual, worldwide, royalty-free
licence to do anything with it, including sub-licensing it. You also agree to sign anything
reasonably needed to confirm this, and you waive your moral rights in the feedback so far as
you are legally able to.
I am asking for this because feedback from seven people is how the app is being built, and I
cannot ship a feature and then be told it was someone else's idea. It applies only to feedback
about SOMIQ. It does not touch anything else you make.
Your health data, weight, meals, messages and everything else you put into SOMIQ stays yours.
This agreement gives me no additional rights over it. How I handle it is set out in the
[privacy policy](https://somiq.health/privacy), which is separate from this agreement and is not
changed by it.
Either of us can end your testing at any time, for any reason, with no notice.
When you stop — or if I ask you to at any point — please delete the app, delete any screenshots,
notes, recordings or exported files you hold about SOMIQ, and confirm to me that you have. You
can keep one copy of this agreement.
Clauses 3 (confidentiality), 4 (not building it) and 5 (feedback) survive after you stop
testing. Clauses 3 and 4 last for three years from the day you stop. Clause 5 does not
expire.
Anything that is a trade secret in law stays protected by law for as long as it remains secret,
regardless of the three years.
If you break clauses 3 or 4, I can ask a court to stop you, and to compensate me. Clause 10
sets out what I will ask for if you make money from it.
Nothing in this agreement limits your statutory rights as a consumer, or any liability that
cannot lawfully be limited.
10.1 This clause applies only if you break clause 3 or clause 4, and only to money you make from a product, service or app that copies or closely imitates something in the Schedule.
10.2 If that happens, I may ask a court for an account of the profits you made from it, and you agree not to argue that an account of profits is an inappropriate remedy in these circumstances. You agree that:
(a) I gave you access to unpublished material on the express basis that you would not use it to build a competing product, and that this was the whole basis of your access;
(b) my interest in that promise is not adequately met by compensation for my own lost profits, because SOMIQ was not on sale when you saw it, so my losses would be speculative and hard to prove; and
(c) the profits of a product built on my material are the fairest measure of what your breach was worth.
10.3 If a court decides an account of profits is not appropriate, I may instead claim the sum you and I would reasonably have agreed for a licence of the material you used, assessed as at the date you first used it.
10.4 You must, if I reasonably ask and I have a genuine and specific reason to believe this clause applies, tell me what the product is, when you launched it, and what it has earned, and let an independent accountant of my choosing verify it at my cost. You must keep records that make that possible.
10.5 This clause does not apply to your salary or ordinary earnings from working in health, fitness or technology, and does not apply to anything you developed independently of SOMIQ.
10.6 I can also claim compensation instead of, or as well as, anything under this clause, provided I am not compensated twice for the same loss.
jurisdiction. If you live in Scotland or Northern Ireland you can also sue and be sued where
you live.
I own that operates SOMIQ. That company may enforce this agreement as if it were named in it
(Contracts (Rights of Third Parties) Act 1999). You may not transfer your side of it.
we said before about it.
For clause 3 and clause 4, the following are confidential. They are listed specifically because
a vague list protects nothing.
A. The coach
1. Soma's character, voice and conversational rules — including its stated principles that
length belongs to the question and not the questioner, that it advises before it refers,
that it states a safety concern once and never restates it, that it reasons out loud and
shows its working on every number it gives, that it disagrees openly and changes its mind
when given a reason, and that a user's targets are presented as a starting point to be
argued with rather than a verdict.
2. The text of the instructions given to the model — the coach brief, the onboarding brief, the
extraction brief, the end-of-day report instructions and the first-day variant — in whole or
in part, in substance as well as in wording.
3. The way SOMIQ hands over from onboarding to daily use: auditing the computed targets against
the person before presenting them, naming any figure the coach would not itself have chosen,
stating the rate of change the targets actually imply, and then inviting the user to push
back.
B. How it is built
4. The conversational-first onboarding: that a coach interviews the user in open conversation
rather than presenting a form; that the list of things to be learned is a set of outcomes to
leave with rather than an order of questions; that a disclosure changes what is asked next
rather than filling a field; and that the conversation itself decides when onboarding is
complete.
5. The two-pass architecture: that a single user message is read twice in parallel by two
separate model calls — one that only talks and holds no data schema, and one that only
extracts structured data and writes no prose — and the reason for it, which is that a
logging contract inside the conversational brief flattens the way the coach talks. This
includes the shape of the extraction contract, its field set, and its rules (for example
that a correction is made by removing an entry and re-logging it rather than by logging an
adjustment, that a date is the day the food was eaten rather than the day it was mentioned,
and that anything emitted for a switched-off module is discarded).
6. The MPS-window model: that a "sitting" is the food sharing one logged time; that a sitting
counts only if it totals 25 g or more of protein, falls at least 180 minutes after the last
counted one, and is one of at most four in a day; that windows are recomputed from the day's
entries on every change rather than counted incrementally, so that corrections and removals
heal themselves; and the way remaining reachable windows are computed against a declared
fasting window.
7. The protein model: a daily target and a separate, lower daily floor, both priced off a
reference weight rather than the scale reading, and the deliberate position that the scale is
the noisiest signal SOMIQ holds.
8. The module system: the set of eight independently switchable areas, and the way the app
handles one that is off — never denying the feature exists, never confirming a log against
it, and discarding anything extracted for it.
9. The insight engine: the set of insights SOMIQ computes, the division of them into ones that
stay true when stale and ones that do not, and the rule that an insight is shown with the
number that evidences it.
10. Which safety rules live in code rather than in the model's instructions, and which do not —
including the age gate, the BMI floor, the pregnancy hold, the GLP-1 and post-bariatric
caps, the allergen group matching and the crisis interception.
C. How it looks
11. The visual design language: the near-monochrome palette and its exact values in both light
and dark; a single sage accent with amber and red reserved for specific states; the
card-minimal layout with hairline dividers and no boxes; uppercase wide-tracked micro-labels;
tabular figures; light-weight large numerals; the tab bar and its single accent dot; the
launch and first-insight animation sequence; and the screen layouts, in unreleased designs
as well as shipped ones.
12. The app's structure and naming: its tabs, the names given to them, and the arrangement of
what sits on each.
D. Everything unreleased
13. Features, screens, designs, concepts and written plans I have shown you that are not in the
released app — including the home-screen widget and lock-screen concepts, the fasting and
cycle modules, and anything in a document, mock-up or message I have sent you.
14. Commercial information: pricing, launch timing, costs, the tester list, and anything I have
told you about how SOMIQ makes money.
E. Not confidential
15. The published privacy policy and terms; anything on the public SOMIQ website; the App Store
or Play listing; and general knowledge of nutrition, training and physiology that SOMIQ
happens to use. The fact that protein intake, resistance training and muscle protein
synthesis are related is not mine and is not covered by this agreement. **What is mine is
the specific model, the specific numbers, the specific words and the specific look described
above.**
Accepted by:
Tester name: .............................. Date: ..................
Signature / in-app acceptance record: ..............................
END OF PART 1