Terms of Service

Last updated: December 13, 2024

1. Acceptance of Terms

By downloading, installing, or using DiaBuddy ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

DiaBuddy is a mobile application that provides:

  • Food calorie and nutrition analysis using AI technology
  • Personalized dietary recommendations
  • Food intake tracking and analytics
  • Health and wellness information

IMPORTANT: DiaBuddy is NOT a medical device and should NOT be used as a substitute for professional medical advice, diagnosis, or treatment.

3. Medical Disclaimer

  • The App provides general nutritional information and should not be considered medical advice
  • Always consult with a qualified healthcare provider for medical decisions
  • If you have diabetes or any medical condition, consult your doctor before making dietary changes based on App recommendations
  • The App's recommendations are educational and informational only
  • We are not responsible for any health outcomes resulting from use of the App

4. User Account

Registration

  • You must provide accurate and complete information
  • You are responsible for maintaining the security of your account
  • You must be at least 13 years old to use the App
  • Account creation is available via Google Sign-In or Apple Sign-In

Account Security

  • Keep your login credentials confidential
  • Notify us immediately of any unauthorized access
  • You are responsible for all activities under your account

Account Deletion

You may delete your account at any time through the App (Settings → Account → Delete Account). For more information, see our Account Deletion page.

5. AI Food Analysis

  • Food analysis uses AI technology (Google Gemini) which may not always be 100% accurate
  • Calorie and nutrient estimates are approximations
  • Always verify important nutritional information independently, especially for medical dietary requirements
  • We do not guarantee the accuracy of AI-generated content

6. Premium Subscription

Payment

  • Premium subscriptions are billed through your Apple ID or Google Play account
  • Prices are displayed in the App and may vary by region
  • Payment is charged at confirmation of purchase
  • Current pricing: $4.99/month or $2.99/month billed annually ($35.88/year)

Auto-Renewal

  • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period
  • Your account will be charged for renewal within 24 hours before the end of the current period at the same price
  • You can manage and cancel subscriptions in your device's account settings (Apple: Settings → Apple ID → Subscriptions; Google: Play Store → Subscriptions)

Cancellation

  • Cancel anytime through your device's subscription management settings
  • Cancellation takes effect at the end of the current billing period
  • You will retain access to Premium features until the end of your paid period
  • No refunds are provided for partial billing periods

Free Trial

  • Free trial periods, if offered, end when you purchase a subscription
  • Unused portions of free trials are forfeited upon subscription purchase

7. User Content

Your Food Data

  • You retain ownership of your food logs and data
  • You grant us a limited license to use your data to provide and improve the service
  • We will not share your personal data with third parties except as described in our Privacy Policy

Prohibited Content

You may not use the App to:

  • Upload harmful, illegal, or offensive content
  • Violate any laws or regulations
  • Infringe on others' rights
  • Attempt to hack or compromise the App's security
  • Reverse engineer, decompile, or disassemble any part of the App

8. Intellectual Property

  • The App and its content are protected by copyright, trademark, and other intellectual property laws
  • You may not copy, modify, distribute, or create derivative works without our written permission
  • All rights not expressly granted are reserved

9. Data Usage

  • We collect and use data as described in our Privacy Policy
  • You consent to our data practices by using the App
  • You can request data deletion at any time through the App or by contacting us

10. Service Availability

  • We strive for high availability but do not guarantee uninterrupted service
  • We may modify or discontinue features at any time with notice
  • AI analysis features require an active internet connection
  • We reserve the right to refuse service to anyone

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
  • WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE LAST 12 MONTHS
  • WE DISCLAIM ALL LIABILITY FOR HEALTH DECISIONS MADE BASED ON APP DATA

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of another party

13. Changes to Terms

  • We may modify these Terms at any time
  • Continued use of the App after changes constitutes acceptance of the new Terms
  • We will notify you of material changes via the App or email

14. Termination

We may terminate or suspend your account:

  • For violations of these Terms
  • For fraudulent or illegal activity
  • At our discretion with reasonable notice

Upon termination, your right to use the App ceases immediately. You may request export of your data before account termination.

15. Governing Law

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

16. Dispute Resolution

  • We encourage you to contact us first at support@diabuddy.app to resolve any disputes informally
  • Any disputes that cannot be resolved informally will be resolved through binding arbitration
  • You waive the right to participate in class action lawsuits

17. Contact Information

For questions about these Terms, contact us:

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DiaBuddy regarding your use of the App.

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