Terms and Conditions

Effective Date: November 30, 2021

“Itsmyfood LLC,” along with any successor entity (referred to as “Itsmyfood,” “We,” “Our,” or “Us”), provides a variety of content, information, data, calculations, analyses, visuals, references, estimations, diet plans, and services through the “Itsmyfood” Websites and Apps (collectively, the “Services”).

These Terms and Conditions govern your use of the “Itsmyfood” mobile applications (the “Apps”) and Websites. They apply to both paid and free users (“you”). By using our Apps and Websites, you agree to all the terms and conditions outlined below.

Our Apps can be used free of charge or as a paid “Premium” version. The “Premium” version unlocks additional features and content.

Please note that the services and features described in these Terms and Conditions may vary between our different apps. Not all services or features may be available in every app. Specific services and features are subject to the particular app you are using. For detailed information about the services and features available in a specific app, please refer to the app’s description in the app store or within the app itself.

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 14. YOU SHOULD REVIEW THEM CAREFULLY AS THEY MAY AFFECT YOUR RIGHTS TO RESOLVE DISPUTES WITH US.

THESE TERMS CONTAIN SECTIONS THAT PROTECT THIRD PARTIES, WHERE YOU ACCEPT RESPONSIBILITY FOR ANY LOSS THAT YOU MAY CAUSE TO ANY THIRD PARTY RELATED TO THE USE OR INABILITY TO USE OUR SERVICES (SECTIONS 9, 10, 11, 12).

YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR SERVICES. YOU SHOULD READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE USING OUR SERVICES. IF YOU DO NOT FULLY AGREE TO THESE TERMS, OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT PERMITTED TO USE OUR SERVICES.

1. Use and Ownership

The logos, graphics, user interfaces, editorial content, and other intellectual property rights (registered and unregistered) in and on the Services belong to Itsmyfood and/or its partners or applicable third parties. You own your data, such as weight, calorie intake, consumed food history, and your photos. We respect your data and your privacy (as outlined in the privacy agreement), and you agree to respect our intellectual property rights.

We grant you a personal, non-transferable, limited, and revocable right and license to access and use our Services. You may use our Services only for your personal, non-commercial, and non-academic purposes.

Our Services are not medical tools and cannot be used for any medical purposes. As described in Sections 8, 9, 10, 11, and 12 of these terms, our Services should not be considered as an up-to-date or reliable source of information. Therefore, you may not use our Services for any business decisions, activities, or to teach, train, or assist third parties, whether for money, for something else, or for free.

You agree that you will not (and will not participate in or allow any third party to) create derivative works, copy, modify, alter, display, or reverse engineer any part of our Services. You may not sell, distribute, license, sublicense, or transfer our Services to someone else, whether for money, for anything else, or for free. If you intend to sell your device, you must first uninstall and delete all content related to our Services.

You may not obtain or use our Services illegally or in a way that harms our commercial rights.

You must act responsibly when using our Services. You must not use our Services in a way that creates any harm or risk to yourself, any other person, us, or any third party.

You agree that using our Services does not create a joint venture, partnership, employment, or agency relationship between you and us.

2. Changes and Updates, Including Changes in Terms and Conditions

Our Services are evolving and may change without prior notice to you. Updates may contain fixes and additional features. Updated versions may also remove or limit access to some information, data, or Services. Our Services may not work properly if you do not allow and install Updates or Automatic Updates.

We reserve the right to change these Terms and Conditions. If there are changes in the Terms and Conditions, you will be notified in the Apps, and you will be asked to accept the changes. If you disagree with the Terms and Conditions, you are not allowed to use our Apps and Services.

3. Account and User Data

For some of our Services, you need to create an account to access certain features. If the Service requires an account, you can use your email address or, if we provide the option, a third-party or social login service to create your account. It is important that the email you provide us is current and in active use, as we may use this email address to notify you of important changes.

For the Services that require an account:

• Your email account serves as your username, and the email address you provide must be actively used to access our Services.
• If you choose to sign in with an Apple account on eligible devices, we strongly recommend not hiding your email. If you choose to hide your email, a random email is created for you. We can contact you through this random email, but since you do not have access to it, you cannot send emails to us from this address. This may result in difficulties verifying your credentials and accessing our Services. If you have already signed in by hiding your email, you can re-sign without hiding your email by logging out and then going to your phone settings > Apple ID > Password & Security > Apps using Apple ID and deleting the relevant app. Then reopen the app and sign in without hiding your email.
• We may use your email address to promote our Services. If you wish, you can opt out of our promotional emails under “My Profile > Privacy & Account.”

For the Services that do not require an account:

• You can access and use these Services without providing an email address or creating an account. As a result, we will not send you any promotional emails, and no opt-out option is necessary.

General Information: Android and iOS are different operating systems. Our services are not designed to run in sync across operating systems. While our Services may be visually similar in both operating systems, the services offered may differ. Accounts for both operating systems are also different. You cannot use an account created on one operating system on another. You must create a new account if you wish to use the Service on a different operating system, and these accounts are considered separate. Rights and information cannot be transferred from one to another.

We could store your email, device ID, operating system, password, and important logs like the time you agreed to our Privacy Policy and Terms. Read our Privacy Policy to learn how we collect and use personal data.

We do not store your name, sex, age, photo, credit card, social security number, etc., on our servers.

User-generated content like your photos, recipes, plans, weight, and food records are stored on your device only. If you do not want to lose your data, you need to use your own third-party backup services or the backup services provided by your device. You are solely responsible for securing and storing your data. We are not responsible for any loss or damage.

4. Account Deletion, Suspension, Termination

We may delete your account, or suspend or terminate your access to or use of our Services without prior notice if you violate our Terms, create harm, risk, or possible legal exposure for us or others. This may result in the forfeiture and destruction of all information associated with your account. Additionally, we reserve the right to block your device from accessing our Services if necessary to protect our interests or the safety of others.

All provisions of this Agreement that, by their nature, should survive termination shall survive suspension or termination.

5. Paid Services

Our Apps can be used free of charge or as a paid “Premium” version. The “Premium” version unlocks additional features and content.

Premium Services are based on a term-based subscription model. The subscription to Premium auto-renews unless you cancel, and you can cancel at any time.

We define subscription terms and prices, which you can see in our Apps. Subscription terms may be available for one month, six months, or one year. We may offer more than one option for you to choose from or only a single offer. Our subscription prices may change locally.

All purchases are made in advance for your selected term, such as monthly or annually, and they renew automatically until you cancel them. Premium Services are final and non-refundable. There are no refunds for your cancellation for already paid terms (like month or year), even if you don’t use them.

If you do not pay your fees, we have the right to terminate your access to Premium Services. If you cancel your Premium Services, you will not be charged for the next term (like year or month), and you will maintain your access to the Premium Services until the end of the term you have already paid for. Cancellation of auto-renewal subscriptions can only be done for the next payment term and cannot be done for the period you have already paid.

At the end of the Premium Service term, you can still use the Apps free of charge like other free users. At the end of your Premium Term, you cannot access Premium Services, Data, or Content. Since Premium Services limit some content visibility, this may also limit your access to or display of content that you created with Premium Services, such as the vitamin content of your recipes or plans, weekly plans, your nutrient detail progress, etc.

If available, you can purchase consumables as credits. You can consume credits to display some Premium services, such as ingredient analysis. You cannot use credits to display all Premium features. You cannot convert credits to something else. You cannot share credits with someone else. You cannot use credits for subscriptions or to buy something. You cannot use credits for money. Once you pay for credits, you purchase non-transferable consumables that have no monetary value and can only be used to display some Premium features.

Using credits does not unlock the page you view permanently. When you navigate back and access the same Premium page, you may need to use another credit if you would like to view it again.

Android and iOS are different operating systems. When you purchase a Premium service or other purchasable content, you purchase it for one operating system. The Services we provide in each system may be different, and the pricing may be different. The services you have purchased are not valid in any other operating system other than the operating system you purchased them for. Purchased content or Services cannot be transferred to other operating systems.

6. Offers

Sometimes we may offer Free Trials or Offers. You can use Free Trials or Offers only once.

Free Trials give you access to all Premium Services and Content for free for a given time when this offer is available.

To start your Free Trial, you need to provide a preferred payment method. You can use the Premium Services for free until the end of your Free Trial period. If you do not cancel, at the end of your Free Trial, your access to Premium Services continues, and you will be charged according to your selected terms. If you cancel before the Free Trial ends, you will not be charged any fees (your internet or mobile service provider fees may still apply according to your use of our Services).

We may provide Offers to access our Premium Services for a selected group, organization, or individuals for a given period. Offers are limited to being used on only one device and only by one user. A user can benefit from and use only one Offer. Offers cannot be used in combination. If you have used an Offer before, the system will automatically prevent you from using any other available Offers. Due to our privacy policy, we have limited information about you, which means we may not know if you previously used an Offer until you try to use the Offer.

This means we may send you an Offer by mistake due to limited information. Even if the Offer is made by us to you with limited knowledge, the system will automatically reject you if you previously used an Offer. Simply, if you have used one Offer before, you cannot use another Offer.

We can provide Offers with or without your request. If we present an Offer, you agree that this does not create a joint venture, partnership, employment, or agency relationship between you and us.

An Offer may require you to provide a preferred payment method to renew your subscription at the end of the Offer Period. We may cancel the Offer and block the use of Premium Features without prior notification. If you do not agree with the Terms provided with the Offer, do not use the Offer. You do not have to use the Offer. We may cancel the Offer upon your request. You cannot transfer or give our Offer to others for money, for anything else, or for free.

7. Change in Fees

We may change our prices for Premium Services at any time. Prices may vary according to the country you live in. We do not know where you live for your privacy. Localization, payment, and all transactions are handled by App Markets on our behalf.

You can follow the latest price information for subscriptions and consumable credits under “My Profile > About.” If you do not accept the new prices, you can cancel your Premium Services. When you cancel, you can still use your Premium Services until the end of your paid subscription term.

8. No Warranties

By using our Services, you agree that our Services are provided “as-is” and without any representation or warranty, whether express, implied, or statutory. We do our best to keep our Services accurate, but we cannot guarantee that our Services, data, information, calculations, estimations, visuals, and all remaining content within the Apps are complete, up-to-date, free from mistakes or errors. We make no warranty that our Services meet any conditions, standards, or requirements. We make no warranty regarding the accuracy, completeness, quality, reliability, accessibility, or timeliness of our Services, Apps, and data. We make no warranty for maintenance, updates, or corrections in our Services and Apps. We may limit or remove certain Services without prior notice and liability. We have no obligation to provide any fixes, updates, or to continue to provide or enable any particular features or functionality of any of our Services.

9. Liabilities

By using our Services and Apps, you agree that you take full responsibility for any foreseeable or unforeseeable events related to the use or inability to use our Services. Except to the extent permitted by applicable laws, under no circumstances will we be directly or indirectly responsible or liable to you or any third party for any kind of profit, revenue, property, goodwill, or other intangible loss, loss of data, special or punitive damages, health problems, and bodily injuries due to the use or inability to use our Services or your actions related to our Services, such as reliance, misunderstanding, trusting, using, sharing, content, visuals, information, data, etc. You must act responsibly for your safety and the safety of any third parties. If you cause any harm to third parties, you agree that you could be held responsible for your actions.

By using our Services, you agree to waive any rights and benefits you may have or that may accrue to you under any law providing that a general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor, or something substantially similar. If we are found liable to you for any damages or loss, our liability shall not exceed the last 12 months of your purchases from us.

10. Safety First

Safety is very important to us. Although eating and drinking are daily activities, they are not risk-free. While some foods can be harmful to certain individuals, unhealthy diets are also associated with some chronic diseases. Even essential nutrients that the body needs every day may cause mild to severe, irreversible health conditions if taken in excess. Physical activities can also be harmful if done beyond the body’s limits. If a person has a health condition or allergies, or if they are pregnant or breastfeeding, the risk increases. As our Apps are related to eating, drinking, and physical activities, there are risks associated with the Apps.

Our Services may be wrong, missing, or outdated. Our Services are not reviewed by people with expertise. We are not medical professionals, and our Services are not medical services or a substitute for medical advice, opinions, treatments, diagnoses, progress tracking, reports, etc., and cannot be used in any medical actions. We cannot provide a patient-doctor relationship with you, and we cannot guarantee your safety or the safety of any third parties when you interact with our Services. We provide our Services, Data, Calculations, and Information for informational purposes only.

Whether you have a medical condition or are healthy, you agree to act responsibly and consult your healthcare professional to ensure our Services are safe for you before using them. If you make decisions based on our Services without consulting a professional, you agree that you are risking your health and taking full responsibility for your actions.

Our Services use custom values tailored to you, and these values may not be suitable or safe for other persons. For the safety of third parties, you agree not to share written, verbal, or visual information about our Services. When using our Services, you agree that you take full responsibility for your safety and the safety of third parties and use our Services responsibly and with caution. Our Services are not intended for individuals under 18 years old. If you are under 18, you are not allowed to use our Services. If you are a pregnant, breastfeeding woman, or a woman planning to become pregnant, or if you have any allergies or health conditions, you agree to use our Services under the supervision of your doctor.

All calculations in our Services, including calorie burn, nutrient, and calorie intakes, are estimations based on your inputs and may not reflect actual values. If our Services are inconsistent with those of your healthcare providers, doctors, government agencies, or the information supplied on the actual food label, you must trust them and ignore our Services. For your safety and the safety of third parties, you agree to check the accuracy, correctness, and completeness of our Services every time you interact with them.

If you create a diet plan or use a prepared plan by using our Services, you agree to consult a professional before actually applying the diet plan. You agree and understand that these plans are not reviewed by experts, are not a substitute for expert opinions, and may risk your health.

We offer tools in our Services, including Diet Plans, Calorie & Nutritional Goals, and Suggested Foods in Diet Planning. Like all of our Services, they are not medical advice. These are auto-generated contents, and they could be beyond your body’s limits. We do not know if these auto-generated contents are achievable, safe, or suitable for you.

11. Food Labels

Food labels on products are the primary source of information, and our Services are not a substitute for an actual food label or any information supplied by the manufacturer. If our Services are inconsistent with food labels, you should ignore our Services and trust the manufacturer’s information or the actual food label. Food labels, allergens, nutrition tables, information, and the analysis supplied by our Services may be wrong, missing, or outdated. By using our Services, you agree that you will read actual food labels and act according to the information on the actual food labels only.

International products may be translated into English. These translations are “as-is” and may contain errors. These errors may cause problems in our Ingredient Analysis or may mask the ingredients that you choose to avoid. Always check the actual food label. If you cannot read the actual food label, do not consume the food based on or by trusting our Services.

12. Food Additives and Nutrition Tables and Analysis

In our Services, there are nutrition analyses, food additive databases, and food classifications (including labeling foods as “safe” or “risky”) provided on an “as-is” and “as-available” basis. These classifications and analyses are auto-generated and have not been reviewed by any person or expert. The information provided may be incomplete, incorrect, or outdated.

Product food additive and nutrition analyses, including the classification of foods as “safe” or “risky,” are based solely on automated systems and algorithms. These systems do not account for all individual circumstances, regional regulations, or changes in scientific understanding. The classifications should not be interpreted as definitive assessments or judgments about the safety, quality, or risk associated with any food product, ingredient, or manufacturer.

Regulations and specifications of food additives and nutritional content may vary significantly from one country to another. Some countries may ban certain additives that are permitted elsewhere, or vice versa. Because of this, our classifications are not intended to override or substitute the legal regulations in place in any given country.

We do not aim to label or judge any additive, product, or manufacturer as definitively safe, risky, or harmful. Protecting public health is the responsibility of health institutions and regulatory bodies, and our classifications are not intended to serve as a substitute for their assessments.

Our goal is to help you make informed choices based on the information available through our Services. However, these Services are not intended to provide a comprehensive health or risk assessment, and they should not be relied upon as such.

We are not promoting that our database is complete and up-to-date. If you have any concerns, you must ask professionals for more information on the regulations of the additives in your country. Since our intention is not to label foods as safe, risky, or harmful, use our Services responsibly and in a way that does not harm third parties.

If you believe there is an error in the information provided, please contact us at report@itsmyfoodapp.com so we can review and address the issue.

In our Services, nutrition tables and daily values can be customized. There are different regulations and studies across countries for daily values (or reference values), and they may differ from the values used in your country. Since these values can be customized, they are not suitable for any other person. Sharing or reading the daily values to others may risk their health, especially those with medical conditions, allergies, pregnant and breastfeeding women, children, and babies.

Some food products are designed for sensitive groups, such as infants and children. Usually, labels and values on such products are different from those on regular foods. Daily value calculations are special for them. In our Service, we cannot distinguish whether it is a special food or not, and the daily values are always calculated according to you. Since our Services are customized according to you, sharing our Services with others, suggesting foods, and making plans based on our Services may put the health of third parties and your loved ones at risk.

13. Governing Law

These Terms and Conditions and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

14. Disputes

You agree that in the event of any dispute or claim between you and Itsmyfood, you will first contact us via info@itsmyfoodapp.com and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.

IF THE DISPUTE IS STILL NOT RESOLVED, ANY DISPUTE OR CLAIM WILL BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. IF YOU ARE AN INDIVIDUAL, YOU MAY OPT-OUT OF AN ARBITRATION OPTION IN A DISPUTE AS DESCRIBED BELOW.

In arbitration, disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org or can be accessed by calling the AAA at 1-800-778-7879.

We each agree that:

• Dispute resolution proceedings will be conducted only on an individual basis, not in a class, consolidated, or representative action.
• All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
• Any arbitration between you and us, to the extent necessary, will be conducted in English and remotely by telephone, online, and/or based on written submission.
• The arbitration will not require any personal appearance by the parties or witnesses.
• Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration Association’s rules. Itsmyfood will reimburse you for those fees up to $3,000 unless the arbitrator determines your claims are frivolous. Likewise, Itsmyfood will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines your claims are frivolous.
• This arbitration agreement does not govern any claim by Itsmyfood for infringement of our intellectual property, unauthorized access to the Services, or exceeding the authorization granted in these Terms, nor does it bar you from making use of applicable small claims court procedures in appropriate cases. This arbitration agreement will not preclude you or Itsmyfood from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award from a court of competent jurisdiction. This arbitration agreement does not preclude you or Itsmyfood from applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT-OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF THE DATE OF YOUR ELECTRONIC ACCEPTANCE OF THE TERMS.

The opt-out notice must be postmarked no later than the applicable deadline and emailed to legal@itsmyfoodapp.com. The opt-out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, email address, and social security number or national ID; and must be signed by you.

No other methods can be used to opt out of this Arbitration Agreement. This procedure is the only way you can opt-out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt-out of the arbitration provision, all other parts of the Terms will continue to apply.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the Delaware state and federal courts located in Delaware, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and Itsmyfood agree that if for any reason a dispute proceeds in court rather than arbitration, you and Itsmyfood waive any right to a jury trial, and the dispute will proceed solely on an individual, non-class, non-representative basis. Neither you nor Itsmyfood may be a class representative or class member, nor may you otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

15. Miscellaneous

To use our Apps, you will need a compatible device and network access. We do not guarantee that our Apps will work on your device. Android and iOS are different operating systems. Our services are not designed to run in sync across operating systems. Our Services may be visually similar in both operating systems, but the services offered may differ. While accessing our Services, your standard data and messaging rates, such as your phone company’s rates, will still apply.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of our Services, including the use of our Services with free coupons or any promotional offers given personally to you. This relationship can only be established by wet-signature contracts.

If any provision of these Terms and Conditions is unenforceable for any reason, that provision shall be deemed separate from these Terms and Conditions. The remaining provisions remain fully in force and effect.

If you delete your account, or our relationship with you ends, or these Terms terminate in any way, this will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination.

We offer our Services in English. As we try to serve internationally, we try to provide our Services in other languages as well. However, we cannot guarantee the correct operation of our Services in these languages.

16. App Stores

If you download our Apps from a third-party app store (the “App Provider”):

These Terms are between you and us, and not with the App Provider, and between us and the App Provider, we are responsible for our App and the content thereof.

The App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to our Apps.

In the event of any failure of our Apps to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for our Apps to you; to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to our Apps. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will not be the App Provider’s responsibility.

The App Provider is not responsible for addressing any claims you have relating to our Apps or your possession and use of our Apps.

In the event of any third party claiming that our Apps or your possession and use of our Apps infringes on that third party’s intellectual property rights, the App Provider is not responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. If you have any claims, you can contact us at legal@itsmyfoodapp.com.

If you are in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country, or if you are listed on any U.S. Government list of prohibited or restricted parties, you are not allowed to use our Services.

17. Ads and Sponsored Content

Our Apps may contain ads or sponsored content. We do not track your activities for ads. If there are ads or sponsored content, they will be displayed in both Premium and free use.

18. Contact Us

If you have any feedback, questions, or comments about the Services, please contact our Support Team via info@itsmyfoodapp.com. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.