Terms of Service

1. Acceptance of Terms

Welcome to Foody-AI! These Terms of Service ("Terms") constitute a legally binding agreement between you and Foody-AI, Inc. ("Company," "we," "our," or "us") governing your access to and use of the Foody-AI mobile application (the "App").

1.1 Agreement to Terms

By accessing, downloading, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.

1.2 Age Requirement

The App is intended for users who are 18 years of age or older. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date and, where appropriate, by sending you a notification through the App or email. Your continued use of the App after such changes constitutes your acceptance of the modified Terms.

2. Description of Service

2.1 Foody-AI Services

Foody-AI provides an AI-powered nutrition tracking and analysis application that offers:

• Food Analysis: AI-powered recognition and nutritional analysis of food photos
• Meal Tracking: Digital food journal to track your daily meals and nutrition
• Nutrition Insights: Detailed information about calories, macronutrients, and micronutrients
• Health Goals: Personalized recommendations based on your health objectives
• Weight & Water Tracking: Tools to monitor your weight progress and hydration
• Challenges: Structured nutrition and wellness challenges
• Educational Content: Stories and articles about nutrition and healthy eating

2.2 Service Availability

• The App is provided on an "as available" basis
• We do not guarantee uninterrupted or error-free service
• We may modify, suspend, or discontinue any part of the App at any time
• We may perform maintenance that temporarily limits access to certain features

2.3 AI-Generated Content

The nutritional information and analysis provided by the App are generated by artificial intelligence and may not be 100% accurate. See Section 8 for important disclaimers about AI-generated content.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the App, you must create an account by:

• Signing in with Apple Sign In, or
• Registering with your email address and creating a password

3.2 Account Information

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

3.3 Account Limitations

• You may only create one account per person
• You may not share your account with others
• You may not create an account for anyone other than yourself
• You may not use another user's account without permission

3.4 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• You abuse or misuse the App
• We are required to do so by law

4. Subscriptions and Payments

4.1 Subscription Plans

Foody-AI offers subscription-based access to premium features. Subscription details, pricing, and features are displayed within the App and may change from time to time.

4.2 Payment Processing

• Subscriptions are processed through Apple In-App Purchase (IAP)
• Payments are handled by Apple and RevenueCat
• We do not directly store your payment card information
• All payments are subject to Apple's terms and conditions

4.3 Subscription Terms

• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel
• Billing: You will be charged through your Apple ID account at confirmation of purchase
• Renewal Charges: Your subscription will automatically renew and your Apple ID account will be charged within 24 hours prior to the end of the current period
• Price Changes: We may change subscription prices with advance notice; changes will apply to subsequent renewal periods

4.4 Free Trials

If we offer a free trial:

• You must provide payment information to start the trial
• You will be charged automatically when the trial ends unless you cancel before the trial period expires
• Free trial eligibility is determined by Apple and may be limited to one per user
• We reserve the right to modify or cancel free trial offers

4.5 Cancellation

• You may cancel your subscription at any time through your Apple ID account settings
• Cancellation takes effect at the end of the current billing period
• You will retain access to premium features until the end of the paid period
• No refunds for partial subscription periods

4.6 Refunds

• Refund requests are subject to Apple's refund policy
• To request a refund, contact Apple Support directly
• We do not have the ability to issue refunds for purchases made through Apple IAP
• Apple's standard refund policy can be found at: https://support.apple.com/en-us/HT204084

5. User Content and Data

5.1 Your Content

You retain ownership of the content you upload to the App, including food photos and journal entries.

5.2 License Grant to Foody-AI

By uploading content to the App, you grant Foody-AI a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to:

• Use, reproduce, and store your food photos and journal data
• Analyze and process your content to provide App services
• Train AI models using your content to improve food recognition and nutritional analysis
• Create derivative works based on your content for AI training purposes
• Display your content back to you within the App

Important: This license continues even after you delete your account or stop using the App. Your food photos and associated data will be used to train our AI models indefinitely.

5.3 Content Restrictions

You agree NOT to upload content that:

• Is illegal, harmful, threatening, abusive, or offensive
• Infringes on intellectual property rights of others
• Contains viruses, malware, or harmful code
• Violates any applicable laws or regulations
• Contains personal information of others without consent
• Is intentionally false or misleading

5.4 Content Monitoring

While we are not obligated to monitor user content, we reserve the right to:

• Review content for compliance with these Terms
• Remove content that violates these Terms
• Report illegal content to law enforcement
• Terminate accounts of users who repeatedly violate these Terms

6. Acceptable Use

6.1 Permitted Use

The App is intended for personal, non-commercial use to:

• Track your own nutrition and health data
• Analyze your own food photos
• Access educational content and recommendations
• Participate in challenges and wellness programs

6.2 Prohibited Activities

You may NOT:

• Reverse engineer or attempt to extract source code from the App
• Modify, adapt, or hack the App
• Use automated tools (bots, scrapers) to access the App
• Interfere with or disrupt the App's functionality
• Attempt unauthorized access to our systems or networks
• Impersonate another user or person
• Collect data from other users without consent
• Use the App for illegal purposes or to violate any laws
• Resell or redistribute the App or its content
• Remove or modify any copyright, trademark, or proprietary notices
• Create derivative works based on the App (except as permitted by law)

6.3 Consequences of Violation

Violation of these acceptable use terms may result in:

• Immediate suspension or termination of your account
• Legal action to recover damages
• Reporting to law enforcement authorities
• Liability for our costs in enforcing these Terms

7. Intellectual Property Rights

7.1 Foody-AI's Rights

All intellectual property rights in the App and its content (excluding user content) are owned by Foody-AI, Inc. This includes:

• The Foody-AI name, logo, and branding
• The App's source code, design, and architecture
• AI models and algorithms
• Database structures and compilations
• Text, graphics, and other materials we create
• Trademarks, service marks, and trade dress

7.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your personal device
• Use the App for your personal, non-commercial purposes
• Access content within the App as intended by the service

This license does not include the right to:

• Use the App on multiple devices simultaneously (unless permitted by your subscription)
• Modify, distribute, or create derivative works
• Use the App for commercial purposes
• Sublicense your rights to others

7.3 Copyright and Trademark Notices

All content within the App is protected by copyright, trademark, and other intellectual property laws. Unauthorized use may violate these laws and these Terms.

7.4 DMCA Notice

If you believe your copyrighted work has been infringed in the App, please contact us at support@foody-ai.com with:

• A description of the copyrighted work
• Location of the infringing material in the App
• Your contact information
• A statement of good faith belief that use is unauthorized
• A statement under penalty of perjury that information is accurate
• Your physical or electronic signature

8. Medical Disclaimer and AI-Generated Content

8.1 Nature of AI Analysis

The nutritional information, calorie estimates, ingredient lists, and recommendations provided by Foody-AI are generated by artificial intelligence and machine learning algorithms. These are for informational purposes only and are not intended to diagnose, treat, cure, or prevent any disease or health condition.

8.2 Not a Substitute for Professional Medical Care

The App does NOT provide medical, nutritional, or healthcare advice:

• AI analysis is for informational and educational purposes only
• Information should NOT be used for diagnosing or treating health conditions
• Always seek the advice of your physician or qualified healthcare provider with any questions you may have regarding a medical condition, diet changes, or nutrition plan
• Do not disregard professional medical advice based on App content
• Do not delay seeking medical advice because of App content
• The App is not a substitute for professional medical care, diagnosis, or treatment

8.3 Accuracy Limitations

Our AI models provide estimates based on visual analysis of food images. These estimates may be inaccurate due to:

• Variations in food preparation and ingredients - The same dish can vary significantly in nutritional content
• Portion size estimation errors - Visual estimation of serving sizes is inherently imprecise
• AI model limitations and training data biases - AI systems are only as good as their training data
• Hidden ingredients or non-visible nutritional content - Sauces, oils, and other additions may not be visible
• Food recognition errors - The AI may misidentify foods or ingredients
• Nutritional database variations - Nutritional values vary by source and region

We do not guarantee the accuracy, completeness, or reliability of AI-generated content.

8.4 No Liability for Health Outcomes

We are not liable for any health outcomes, adverse reactions, or medical issues that may arise from:

• Using the App's nutritional information
• Following the App's recommendations
• Making dietary changes based on App content
• Allergic reactions to foods
• Weight gain or loss
• Any other health-related consequences

Use the App at your own risk.

8.5 Emergency Situations

Do not rely on the App for emergency medical guidance. The App is not designed to handle medical emergencies and should never be used as a substitute for emergency medical services.

8.6 Individual Responsibility

You are solely responsible for:

• Evaluating the accuracy of AI-generated information
• Making informed decisions about your diet and nutrition
• Consulting healthcare professionals about your health needs
• Disclosing dietary restrictions and allergies to healthcare providers
• Monitoring your own health and wellbeing
• Using the App in a manner appropriate for your personal circumstances and medical conditions

8.7 Assumption of Risk

By using the App, you acknowledge and accept the risks associated with relying on AI-generated nutritional information and agree to hold Foody-AI harmless for any consequences, health outcomes, or adverse effects.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9.1 No Warranties

FOODY-AI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability: Fitness for a particular purpose
• Accuracy: Correctness of content or AI analysis
• Availability: Uninterrupted or error-free service
• Security: Protection against unauthorized access
• Results: Any specific outcomes from using the App
• Non-Infringement: That the App does not violate third-party rights

9.2 No Guarantee of Results

• We do not guarantee any weight loss, health improvements, or other results
• Individual results will vary
• Success depends on many factors outside our control

9.3 State-Specific Limitations

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You may have other rights that vary by jurisdiction.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOODY-AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10.1 Types of Excluded Damages

We are not liable for damages resulting from:

• Health outcomes: Weight gain/loss, allergic reactions, health conditions
• Data loss: Loss of photos, journal entries, or other data
• Service interruptions: App downtime or unavailability
• Third-party actions: Actions of service providers or other users
• Security breaches: Unauthorized access to your account
• Inaccurate information: Errors in AI analysis or recommendations

10.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO FOODY-AI IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10.3 Jurisdictional Limitations

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Foody-AI, Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your content uploaded to the App
• Any health outcomes resulting from your use of the App

12. Termination

12.1 Termination by You

You may stop using the App and delete your account at any time by:

• Contacting us at support@foody-ai.com
• Following in-app account deletion procedures (when available)

12.2 Termination by Us

We reserve the right to suspend or terminate your access to the App immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent, illegal, or harmful activity
• Extended periods of inactivity
• Any other reason at our sole discretion

12.3 Effect of Termination

Upon termination:

• Your right to use the App immediately ceases
• Your account and profile information will be deleted (within 30 days)
• Important: Your food photos and journal data used for AI training will be retained indefinitely as permitted by our Privacy Policy
• We are not liable for any loss or consequences resulting from termination
• Provisions that by their nature should survive termination will remain in effect (including license grants, disclaimers, limitations of liability, and dispute resolution)

12.4 No Refunds on Termination

If your account is terminated for violation of these Terms, you are not entitled to a refund of any subscription fees.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

13.2 Informal Resolution

Before filing a formal claim, you agree to contact us at support@foody-ai.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

13.3 Binding Arbitration

If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration rather than in court, except as set forth below.

Arbitration Rules:

• Arbitration shall be conducted by the American Arbitration Association (AAA)
• Arbitration shall follow AAA's Consumer Arbitration Rules
• Arbitration shall be conducted by a single arbitrator
• Arbitration shall take place in Dover, Delaware, or remotely via video conference
• The arbitrator's decision is final and binding

Costs:

• Each party shall bear its own costs and fees
• The arbitrator may award costs and fees to the prevailing party

13.4 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND FOODY-AI INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW:

• No arbitration or proceeding shall be joined with any other
• There is no right or authority for any dispute to be arbitrated on a class-action basis
• There is no right or authority for any dispute to be brought in a purported representative capacity

13.5 Exceptions to Arbitration

The following disputes are exempt from arbitration:

• Small claims court actions (if the claim qualifies)
• Disputes seeking injunctive relief for intellectual property infringement
• Disputes relating to the enforcement of arbitration provisions

13.6 30-Day Opt-Out Period

You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to support@foody-ai.com with the subject "Arbitration Opt-Out."

13.7 Jurisdiction and Venue

For disputes not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in Dover, Delaware.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Foody-AI regarding the App and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government actions, or technical failures.

14.6 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Foody-AI.

14.7 Survival

Provisions that by their nature should survive termination shall survive, including: ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution.

15. Apple-Specific Terms

15.1 Acknowledgment

You acknowledge that:

• These Terms are between you and Foody-AI, Inc., not Apple
• Apple has no obligation to furnish maintenance or support for the App
• Apple is not responsible for addressing any claims relating to the App
• In the event of any third-party claim that the App infringes intellectual property rights, Foody-AI (not Apple) is responsible for investigation and defense

15.2 Apple's Rights

You and Foody-AI acknowledge that:

• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms
• Upon your acceptance of these Terms, Apple has the right to enforce these Terms against you
• Apple is not responsible for the App or content within it

15.3 App Store Terms

Your use of the App is also subject to Apple's App Store Terms of Service, available at: https://www.apple.com/legal/internet-services/itunes/us/terms.html

15.4 Usage Rules

You will use the App only:

• On an Apple-branded product running iOS
• As permitted by the "Usage Rules" in the Apple Media Services Terms and Conditions
• In compliance with all applicable laws and regulations

16. Contact Information

If you have questions, concerns, or feedback regarding these Terms, please contact us:

Foody-AI, Inc.

• Email: support@foody-ai.com
• Mailing Address: 1111B S Governors Ave STE 23365, Dover, DE 19904, US
• Response Time: We aim to respond to inquiries within 5 business days

17. Effective Date

These Terms of Service are effective as of November 13, 2024.

By using Foody-AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.