Terms of Service

1. Acceptance of Terms

By accessing or using Foodly, you confirm that you:

• Are at least 13 years of age (or 16 in the EU/EEA)
• Have the legal capacity to enter into a binding agreement
• Will comply with these Terms and all applicable laws and regulations
• Have read and understood our Privacy Policy

If you are using Foodly on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Important Health Disclaimer

2.1 Not Medical Advice

You expressly acknowledge and agree that:

• Nutritional estimates, calorie targets, and recommendations are for informational and entertainment purposes only
• AI-generated food analysis results are approximations and may not be accurate
• The virtual pet gamification system is designed for motivation, not medical guidance
• Weight predictions and trends are estimates based on general formulas, not personalized medical advice
• Body metrics tracking (blood pressure, body composition, digestion) is for personal logging only, not clinical diagnosis

2.2 Consult Healthcare Professionals

Always consult a qualified healthcare provider, physician, or registered dietitian before:

• Starting any diet, nutrition, or weight loss program
• Making significant changes to your eating habits
• Using tracked health metrics to make health decisions
• If you have any medical conditions, eating disorders, or health concerns

2.3 No Liability for Health Outcomes

Foodly is not responsible for any health outcomes, injuries, or adverse effects resulting from your use of the app or reliance on information provided. You use Foodly at your own risk.

3. Account Registration

To use Foodly, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security and confidentiality of your login credentials
• Not share your account with others
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. AI-Powered Features

Foodly uses artificial intelligence to analyze food images and estimate nutritional content. You understand and agree that:

• Accuracy is not guaranteed: AI estimates are approximations based on visual analysis and may be incorrect
• Results vary: Accuracy depends on image quality, lighting, food presentation, and portion visibility
• User verification required: You should review and edit any nutritional values that appear incorrect
• No allergen detection: Foodly cannot reliably detect allergens, ingredients, or food safety issues
• Continuous improvement: AI capabilities may change over time as we improve our systems

5. Acceptable Use

You agree to use Foodly only for lawful, personal, non-commercial purposes. You must NOT:

• Violate any applicable laws, regulations, or third-party rights
• Attempt to gain unauthorized access to our systems, other users' accounts, or data
• Upload malicious content, viruses, malware, or harmful code
• Use automated systems, bots, scrapers, or scripts to access the service
• Interfere with or disrupt the integrity or performance of the app
• Collect or harvest user information without consent
• Use the service for commercial purposes, resale, or redistribution
• Reverse engineer, decompile, or disassemble any part of the app
• Circumvent any security measures or access controls
• Impersonate any person or entity
• Upload content that is illegal, harmful, threatening, abusive, or objectionable

6. Intellectual Property

6.1 Our Property

All content, features, and functionality of Foodly are owned by us and protected by intellectual property laws. This includes:

• The Foodly name, logo, and branding
• App design, graphics, and user interface
• Virtual pet characters, animations, and artwork
• Software code, algorithms, and technology
• Documentation, text, and marketing materials

You may not copy, modify, distribute, sell, or create derivative works without our prior written permission.

6.2 Your Content

You retain ownership of content you create in Foodly (food logs, notes, photos you upload). By using the app, you grant us a limited, non-exclusive license to:

• Store, process, and display your content to provide the service
• Use anonymized, aggregated data to improve our algorithms and services

We do not claim ownership of your personal data or health information.

7. Subscriptions and Payments

Foodly may offer premium features through subscription plans:

• Payment processing: Handled by Apple App Store or Google Play Store
• Auto-renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date
• Cancellation: Manage subscriptions through your device's app store settings
• Refunds: Handled according to Apple or Google's refund policies
• Price changes: We may change subscription prices with advance notice; existing subscriptions continue at their current rate until renewal

Free features may be limited and are subject to change.

8. Disclaimer of Warranties

We do not warrant that:

• The app will be uninterrupted, error-free, or completely secure
• Nutritional estimates will be accurate or complete
• The app will meet your specific requirements or expectations
• Any errors or defects will be corrected
• The app is free of viruses or other harmful components

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• We shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall NOT be liable for any loss of data, profits, revenue, goodwill, or other intangible losses
• We shall NOT be liable for any health outcomes, injuries, or adverse effects related to your use of the app
• We shall NOT be liable for any inaccuracies in nutritional estimates, AI analysis, or recommendations
• We shall NOT be liable for any third-party actions, products, or services
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Foodly, its developers, officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use or misuse of the app
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights
• Any content you upload or create

11. Termination

11.1 Termination by You

You may stop using Foodly and delete your account at any time through the app settings.

11.2 Termination by Us

We may suspend or terminate your access to Foodly at any time, with or without cause, including if we believe you have violated these Terms. Upon termination:

• Your right to use the app ceases immediately
• We may delete your account and associated data
• You remain liable for any obligations incurred before termination

11.3 Effect of Termination

Sections that should survive termination will remain in effect, including: Disclaimers, Limitations of Liability, Indemnification, and Governing Law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last updated" date at the top
• For material changes, we will notify you via email or in-app notification
• Continued use of Foodly after changes constitutes acceptance of the new Terms
• If you do not agree to the changes, you must stop using the app

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of Foodly shall be resolved through:

1. Good-faith negotiation between the parties
2. If negotiation fails, binding arbitration or appropriate legal proceedings as permitted by law

You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration, to the extent permitted by law.

14. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Foodly
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Our failure to enforce any right does not waive that right
• Assignment: You may not assign these Terms; we may assign them to an affiliate or successor
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control

15. Contact Us

If you have questions about these Terms of Service:

• Email: support@foodly.fit

16. Summary of Key Points