Terms of Use.

1. Acceptance of these Terms

These Terms of Use (the “Terms”) form a binding agreement between you and the person or legal entity identified as the application provider or seller for Fooda AI in the applicable app-store listing (the “Operator,” “we,” “us” or “our”) concerning the Fooda AI mobile application, website and related software, content and services (collectively, the “Service”). By downloading, accessing, creating an account for or using the Service, you confirm that you have read, understood and agreed to these Terms.

If you do not agree, do not access or use the Service. If you access the Service on behalf of an organisation, you represent that you have authority to bind it to these Terms. Your use may also be governed by the applicable Apple App Store or Google Play terms. If those platform terms conflict with these Terms on a matter controlled by the platform, the platform terms apply to that matter.

Operator: Vadym Tovstik.

2. Eligibility and accounts

You must be at least 18 years old to download, access, create an account for or use the Service. By using Fooda AI, you represent that you are at least 18 years old and legally capable of entering into these Terms. Do not use the Service or create an account if you are under 18.

You must provide accurate, current information and keep your login credentials secure. You are responsible for activity through your account unless caused by our breach. Notify us promptly through the in-app support channel or at hello@foodaai.com if you suspect unauthorised access. You may not sell, share or transfer your account except where the Service expressly allows it.

3. What Fooda AI provides

The Service may let you photograph, describe and log meals; estimate calories, macronutrients, micronutrients and ingredients; scan nutrition labels; track weight, water, activity, streaks and goals; receive AI-generated analyses, coaching, plans, recipes, chat responses and notifications; and use other general wellness tools.

Features, supported languages, devices, models, content, limits and Premium benefits may change over time. Some features require an account, a compatible device, camera or microphone permission, internet access, or a paid subscription. Descriptions in the Service or an app-store listing are informational and do not guarantee that every feature will always be available in every country, language or device configuration.

4. Health, medical and professional disclaimer

The Service is provided for general informational and wellness purposes only. It is not medical advice, nutrition therapy, diagnosis, treatment, prevention, emergency assistance or a substitute for a physician, registered dietitian or other qualified professional.

• Fooda AI is not a medical device and is not designed to diagnose, treat, cure or prevent any disease.
• Do not start, stop or change medication, treatment, fasting, supplementation, exercise or diet based solely on the Service.
• Seek advice from a qualified professional before making material health changes, especially if you are pregnant or breastfeeding, elderly, managing diabetes or another chronic condition, taking medication, recovering from illness or surgery, or have a history of an eating disorder.
• If you believe you may have a medical emergency, contact local emergency services immediately. Do not use the Service to request or await emergency help.

Individual responses to food, calorie targets, macronutrient ranges and activity vary. A result that is reasonable for one person may be inappropriate or unsafe for another. You remain responsible for obtaining professional advice and making your own health decisions.

5. AI output and nutrition accuracy

The Service uses automated systems, machine learning and third-party AI services. AI output is probabilistic and may be inaccurate, incomplete, outdated, misleading, duplicated, inconsistent or entirely incorrect. It may misidentify a food, ingredient, portion, preparation method, brand or nutrition label and may generate information that sounds confident despite being wrong.

Calorie and nutrient values are estimates affected by image quality, lighting, angle, hidden ingredients, recipe variation, portion size, cooking method, product formulation, database quality and the information you provide. Fooda AI does not warrant that any estimate, plan, goal, analysis, recipe or AI response is accurate, complete, current or suitable for you.

You must independently review outputs before relying on them. For packaged food, consult the physical product label and manufacturer. For clinical decisions, consult a qualified professional. Human review by Fooda AI is not promised and should not be assumed.

6. Allergens, ingredients and food safety

Do not rely on Fooda AI to identify allergens, intolerances, contaminants, spoilage, alcohol, unsafe ingredients or cross-contact. A photo or AI analysis cannot establish that food is safe to consume. Ingredient and allergen information may be missing or wrong, and recipes or AI suggestions may conflict with your dietary restrictions.

Always verify packaging, ingredient lists, preparation conditions and information from the manufacturer, restaurant or food preparer. If you have a food allergy, intolerance, metabolic condition or medically required diet, consult an appropriate professional and take all precautions you would take without the Service. You are solely responsible for purchasing, preparing, storing and consuming food safely.

7. Your responsibilities

You agree to:

• provide accurate information where accuracy matters and correct obvious AI or data errors;
• use reasonable judgment and not treat estimates as laboratory or clinical measurements;
• obtain professional advice when appropriate;
• keep safe copies of information you need, because the Service is not a permanent medical record or archival service;
• comply with laws and the rights of other people when uploading photos, audio, text or other content; and
• use the Service only for lawful, personal purposes unless we agree otherwise in writing.

8. User content and permissions

“User Content” means photos, meal descriptions, nutrition labels, audio, messages, profile data, goals, preferences and other information you submit. You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, adapt, analyse and otherwise process User Content only as reasonably necessary to operate, secure, support and improve the Service, comply with law and enforce these Terms. This licence lasts while the content is stored by or for the Service and for a reasonable period in backups or where retention is legally required.

You represent that you have the rights and permissions needed to submit User Content and that our permitted processing will not violate law or third-party rights. Do not upload another person’s sensitive information, private images or recordings without a lawful basis and their permission. Our handling of personal data is also governed by the Privacy Policy made available through the Service. The Privacy Policy and the account/data deletion information presented in the Service explain what data is processed, why it is processed and how you may request deletion. They form part of the rules governing your use of Fooda AI where applicable.

9. Acceptable use

You may not, and may not help another person to:

• use the Service for unlawful, fraudulent, abusive, harmful or deceptive activity;
• upload malware or content that infringes privacy, intellectual property or other rights;
• harass, exploit, impersonate or endanger another person;
• attempt to bypass subscription checks, usage limits, access controls, security or rate limits;
• probe, scan, disrupt or overload the Service or its infrastructure;
• scrape or harvest data, use bots at scale, or access the Service through unauthorised automated means;
• reverse engineer, decompile, modify or create derivative works of the Service except where applicable law expressly permits it;
• use Service output to develop or train a competing model or service without our written permission; or
• misrepresent AI output as professionally verified medical or nutrition advice.

10. Premium subscriptions, trials and billing

10.1 Plans and purchase

Fooda AI may offer free functionality, introductory access, trials and recurring Premium subscriptions of different durations. The exact plan, included features, billing period, trial duration, price and currency shown in the purchase screen and confirmed by Apple App Store or Google Play at the time of purchase form part of your purchase terms. Prices may include or exclude taxes as displayed by the applicable store.

10.2 Automatic renewal

Unless the purchase screen expressly states otherwise, subscriptions automatically renew for another billing period until cancelled. Your Apple or Google account is charged by the applicable platform, not directly by Fooda AI. You authorise that platform to charge the payment method associated with your store account according to its terms. RevenueCat may help us manage subscription status but does not charge your payment method. Fooda AI does not receive or store your full payment-card or bank-account details.

10.3 Free trials and promotional offers

Trial and promotional eligibility is determined by the applicable store and may be limited to new or qualifying subscribers. Unless cancelled before the deadline shown by the store, a free trial converts to the displayed paid subscription and renews automatically. Deleting the app or your Fooda AI account does not cancel a store subscription.

10.4 Cancellation

You may stop auto-renewal at any time through your Apple Account subscription settings or Google Play subscription settings. Cancellation takes effect at the end of the current paid or trial period unless the store or applicable law provides otherwise. Follow the store’s cancellation deadline; Fooda AI cannot guarantee cancellation of a store-billed subscription through an email or support message.

10.5 Refunds, failed payments and expiration

Purchases and refund requests are handled under Apple’s or Google’s policies and applicable law. Except where required by law or granted by the platform, payments are non-refundable and no credits are provided for partial periods. If payment fails, the platform may retry billing or provide a grace period. Premium access may continue during a platform-authorised grace period and may be limited or removed when the entitlement expires, is refunded, revoked or cannot be verified.

10.6 Price and feature changes

Subscription prices may change prospectively in accordance with store rules and applicable notice or consent requirements. We may improve, replace or discontinue individual features, but will comply with mandatory consumer law and platform rules concerning paid recurring value. Your continued subscription after a valid change takes effect constitutes acceptance where permitted by law.

11. Limited licence and intellectual property

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use the Service on devices you own or control, solely for its intended purpose and in accordance with applicable app-store usage rules. The Service is licensed, not sold.

Fooda AI and its licensors own all rights in the Service, including software, designs, interfaces, databases, prompts, text, graphics, trademarks and generated templates, except for User Content and third-party materials. No rights are granted except those expressly stated. If you submit feedback or suggestions, you grant us a perpetual, worldwide, irrevocable, royalty-free right to use them without restriction or compensation, provided we do not publicly identify you without permission.

12. Third-party services and content

The Service relies on third parties, which may include Apple, Google, Firebase, RevenueCat, cloud hosting, AI model providers, notification services, analytics, speech recognition, image processing and nutrition-data providers. Their services and content may be governed by separate terms and privacy practices. We do not control third-party systems and are not responsible for their independent acts, omissions, data, content, policies, availability or security except to the extent responsibility cannot lawfully be excluded.

Links to third-party sites are provided for convenience and do not imply endorsement. You are responsible for reviewing and complying with applicable third-party terms, including Apple App Store and Google Play rules.

13. Availability, outages and changes

The Service is provided over the internet and depends on systems outside our control. It may be unavailable, delayed, degraded or inaccurate because of maintenance, deployment, capacity limits, third-party API failures, AI-provider interruptions, network loss, device issues, app-store problems, cyber incidents, force majeure or other causes.

We do not promise uninterrupted, error-free or continuous operation, any specific uptime, response time, delivery time or permanent availability of any AI model, feature, message, stored item or integration.

We may maintain, update, secure, suspend, limit or modify the Service at any time. Temporary interruption, delayed notification or loss of access does not create a right to compensation except where required by mandatory law. Keep independent copies of information that is important to you and do not use Fooda AI as your only record of health, dietary or purchase information.

14. Suspension and termination

You may stop using the Service at any time. Account deletion and subscription cancellation are separate actions; deleting an account does not automatically cancel a subscription billed by Apple or Google.

We may restrict, suspend or terminate access if we reasonably believe you violated these Terms, created risk or legal exposure, failed to pay, abused the Service, or if suspension is necessary for security, maintenance or legal compliance. Where reasonably practicable and legally required, we will provide notice and an opportunity to remedy. Sections that by their nature should survive termination—including ownership, disclaimers, liability limits, dispute provisions and accrued payment obligations—will survive.

15. Disclaimers

To the maximum extent permitted by law, the Service and all outputs, content and features are provided “as is” and “as available,” with all faults and without warranties of any kind, whether express, implied or statutory. We disclaim implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, availability and quiet enjoyment.

We do not warrant that the Service will meet your requirements; achieve weight, fitness, dietary or health outcomes; identify food or nutrients correctly; be compatible with every device; remain secure or available; or that defects will be corrected. No oral or written information creates a warranty not expressly stated in these Terms. Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

16. Limitation of liability

To the maximum extent permitted by law, Fooda AI and its owners, affiliates, officers, contractors, licensors and service providers will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss, or for loss of profits, revenue, business, opportunity, goodwill, data or anticipated savings, arising from or connected with the Service, even if advised that such loss was possible.

This includes, without limitation, loss or harm arising from reliance on AI output, calorie or nutrient estimates, meal plans, recipes, ingredient or allergen information, delayed or missing notifications, data loss, unauthorised access, third-party services, subscription verification, outages or inability to use the Service.

To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid for the Service during the twelve months immediately before the event giving rise to the claim or (b) EUR 50.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, wilful misconduct, or death or personal injury caused by negligence where such exclusion is prohibited.

17. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Fooda AI and its owners, affiliates, officers, contractors and licensors from third-party claims, damages, liabilities, costs and reasonable legal fees arising from your unlawful use of the Service, your User Content, your violation of these Terms, or your infringement of another person’s rights. This section does not require a consumer to indemnify us for our own negligence, breach or unlawful conduct and does not apply where prohibited by mandatory law.

18. Mandatory consumer rights

Nothing in these Terms limits rights or remedies you have under mandatory consumer law. If you are a consumer in the European Economic Area, United Kingdom or another jurisdiction with mandatory protections, you retain all non-waivable statutory rights, including rights relating to conformity of digital services and unfair contract terms. Platform-specific cancellation and refund processes may apply to app-store purchases.

If a provision conflicts with mandatory law, it will apply only to the maximum extent permitted and the remainder of the Terms will remain in effect.

19. Governing law and disputes

These Terms are governed by the laws applicable at Fooda AI’s principal place of business, without regard to conflict-of-law rules. If you are a consumer, this choice does not deprive you of mandatory protections under the law of your habitual residence. Courts will have jurisdiction as determined by applicable law; consumers may bring claims in any court available to them under mandatory consumer rules.

Before filing a claim, please contact us through the support channel in the Fooda AI app or at hello@foodaai.com with a description of the issue. We will attempt in good faith to resolve it informally. This does not prevent either party from seeking urgent relief or using a statutory dispute process.

20. Changes to these Terms

We may update these Terms to reflect changes to the Service, law, security, business practices or third-party requirements. The “Last updated” date shows when the Terms were revised. If a change materially affects your rights, we will provide reasonable notice through the Service, email or another appropriate method where required. Changes apply prospectively. If you do not agree to updated Terms, you must stop using the Service and cancel any subscription before its next renewal.

21. Additional Apple App Store terms

If you downloaded the Service from Apple’s App Store, the following applies in addition to the rest of these Terms:

• These Terms are between you and Fooda AI, not Apple. Fooda AI, not Apple, is solely responsible for the Service and its content, subject to these Terms.
• Your licence is limited to a non-transferable right to use the Service on Apple-branded products you own or control, as permitted by the Apple Media Services Terms and applicable Usage Rules, including permitted Family Sharing.
• Apple has no obligation to provide maintenance or support for the Service.
• If the Service fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any, as required by its rules. To the maximum extent permitted by law, Apple has no other warranty obligation.
• As between Apple and Fooda AI, Fooda AI is responsible for addressing claims relating to the Service, including product liability, legal or regulatory compliance and consumer-protection claims, to the extent required by law.
• If a third party claims that the Service infringes intellectual property rights, Fooda AI, not Apple, is responsible for investigation, defence, settlement and discharge of that claim to the extent required by these Terms or law.
• You represent that you are not located in a country subject to a United States Government embargo or designated as supporting terrorism, and that you are not listed on a United States Government prohibited or restricted party list.
• You must comply with applicable third-party agreement terms when using the Service.
• Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you upon your acceptance of these Terms.

22. General provisions

These Terms, together with the Privacy Policy, purchase disclosures and any additional terms presented for a specific feature, are the entire agreement concerning the Service. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain effective. Our failure to enforce a provision is not a waiver. Headings are for convenience only.

You may not assign these Terms without our written consent. We may assign them as part of a merger, reorganisation, sale of assets or by operation of law, subject to mandatory consumer rights. We are not responsible for delay or failure caused by events beyond our reasonable control. No agency, employment, partnership or joint venture is created by these Terms.