1. Acceptance of Terms
By accessing or using Foodtrkr, you agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use the service.
2. Eligibility and Account Responsibility
- You must be legally able to form a binding contract to use Foodtrkr.
- You are responsible for the phone number, devices, and message history associated with your use of the service.
- You must provide accurate information when interacting with the service and may not impersonate another person or access another user’s dashboard or data without authorization.
3. Not Medical Advice
Foodtrkr provides informational estimates about calories, macros, and meal patterns. The service is not medical advice, diagnosis, treatment, clinical nutrition counseling, or emergency support. You should not rely on Foodtrkr for urgent health matters, medical decisions, allergy determinations, eating disorder treatment, or any situation where inaccurate or delayed information could cause harm.
4. AI Output, Accuracy, and User Judgment
Foodtrkr uses automated systems and third-party tools to analyze meal descriptions and photos. Output may be incomplete, delayed, or inaccurate. You are solely responsible for deciding whether and how to use the information generated by the service.
You agree not to treat Foodtrkr’s results as guaranteed, certified, or medically validated.
5. Acceptable Use
You agree not to use Foodtrkr to:
- Upload or transmit unlawful, harassing, threatening, abusive, fraudulent, or infringing content.
- Attempt to probe, scan, reverse engineer, disrupt, overload, or bypass service limits or security measures.
- Use the service for spam, surveillance, scraping, unauthorized automation, or third-party exploitation.
- Submit content you do not have the right to share, including another person’s sensitive information without authorization.
- Use Foodtrkr in a way that violates law, regulation, or another person’s rights.
6. User Content and Rights You Grant
You retain ownership of content you submit, subject to the rights needed for us to operate the service. By sending messages, images, corrections, or other content to Foodtrkr, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and display that content solely as needed to provide, secure, improve, troubleshoot, and enforce the service.
You represent that you have the rights necessary to provide that content and that doing so does not violate any law or third-party right.
7. Fees, Trials, and Billing
If Foodtrkr offers paid plans, trials, subscriptions, credits, or one-time purchases, the pricing and billing terms presented at the time of purchase control. Unless required by law, fees are non-refundable once earned or consumed. Promotional pricing, trials, and plan features may change prospectively.
8. Suspension and Termination
We may suspend, limit, or terminate access to Foodtrkr at any time if we reasonably believe you violated these Terms, created legal or security risk, misused the service, or exposed us or others to harm. You may stop using the service at any time.
9. Disclaimer of Warranties
To the maximum extent permitted by law, Foodtrkr is provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, or uninterrupted operation.
10. Limitation of Liability
To the maximum extent permitted by law, Foodtrkr and its operators, affiliates, officers, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost data, business interruption, reputational harm, or personal decisions made in reliance on the service.
To the extent liability cannot be excluded, the total aggregate liability of Foodtrkr for claims arising out of or relating to the service will not exceed the greater of the amount you paid to Foodtrkr in the 12 months before the event giving rise to the claim or US $100.
11. Indemnification
You agree to defend, indemnify, and hold harmless Foodtrkr and its operators, affiliates, officers, employees, contractors, licensors, and service providers from and against claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- Your use or misuse of the service.
- Your content, messages, images, or data submissions.
- Your violation of these Terms or applicable law.
- Your infringement, misappropriation, or violation of another person’s rights.
- Your negligent, reckless, abusive, or unauthorized conduct involving the service.
12. Third-Party Services
Foodtrkr may rely on third-party infrastructure, AI providers, hosting vendors, telecommunications services, analytics, or payment processors. We are not responsible for third-party products or services except to the extent required by law.
13. Changes to the Service or Terms
We may modify, suspend, or discontinue any part of Foodtrkr at any time. We may also update these Terms. Continued use after an updated version becomes effective constitutes acceptance of the updated Terms.