# Terms of Use **Nutrition Tracker - MyFitMate** *Effective Date: 15 June 2025* ## 1. Introduction Welcome to **MyFitMate** (the "App"). These Terms of Use ("**Terms**") form a legally binding agreement between **Yury Tomachinskiy** ("**we**," "**our**," or "**MyFitMate**") and the individual user ("**you**") who accesses or uses the App or any related website, dashboard, widget, or service we provide (collectively, the "**Services**"). By creating an account, purchasing virtual credits, or otherwise using the Services you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services. The Services may include third-party content and data sources such as OpenFoodFacts, used under open licenses. --- ## 2. Eligibility 1. **Minimum age.** You must be **16 years or older** to create an account. If you are aged 16-17 you represent that you have reviewed these Terms with a parent or legal guardian who agrees to be bound on your behalf. 2. **Prohibited users.** The Services are not directed to children under 16, or to any person prohibited from receiving digital-service exports under applicable sanctions or trade laws. 3. **Health conditions.** The App is **not** designed for use by individuals diagnosed with eating disorders or other medical conditions where strict nutritional management is required, unless under the direct supervision of a qualified healthcare professional. --- ## 3. Account Registration & Security You must provide accurate, current, and complete information when registering. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately at **contact@myfitmate.app** if you suspect unauthorized use. --- ## 4. Virtual Credits 1. **Nature of Credits.** "Credits" are **virtual, non-transferable, non-redeemable units** that can be exchanged inside the App for specific features (e.g. AI meal analysis). Credits **have no monetary or property value** and are not legal tender. 2. **Purchase & Billing.** Credits are sold exclusively through **Apple In-App Purchase** ("IAP"). Prices are displayed in your local storefront and include any applicable taxes. Payment processing is handled by Apple; we do not store your card details. 3. **Expiry.** Credits remain active while your account is open. All unused credits **are automatically forfeited and deleted if your account is closed or deleted** for any reason. 4. **Refunds.** - **Apple refunds.** Any refund for credits must be requested through Apple. If Apple grants a refund, we will deduct an equivalent number of credits from your balance. - **No other refunds.** Except where required by law, credits are **non-refundable** and cannot be exchanged for cash. 5. **Fraud & abuse.** We may suspend or cancel credits obtained through fraud or technical error. --- ## 5. User-Generated Content 1. **Your Content.** You may upload meal photos, text descriptions, comments, and other content ("**User Content**"). You retain ownership of your User Content. 2. **License to Us.** By submitting User Content you grant MyFitMate a **worldwide, non-exclusive, royalty-free, revocable license** to host, display, adapt, translate, reproduce, distribute, and otherwise use your User Content **solely** for the purpose of operating and improving the Services, including public sharing features you enable. 3. **Community Rules.** You agree not to upload content that is illegal, defamatory, hateful, pornographic, harassing, infringes a third-party right, promotes self-harm, or encourages dangerous dieting practices. We may remove or moderate any User Content at our sole discretion. --- ## 6. Acceptable Use You must not: * Scrape or harvest our database or use it to train any AI or machine-learning model; * Reverse-engineer, decompile, or interfere with security measures; * Upload malware or attempt unauthorized access; * Use the Services for commercial meal-analysis services without our written consent. --- ## 7. Health & AI Disclaimers 1. **Informational use only.** MyFitMate provides **approximate** caloric and macronutrient estimates based on food databases and AI image-recognition models. The Services **do not provide medical advice** and are **not** a substitute for professional diagnosis or treatment. 2. **Consultation.** Always consult a doctor or registered dietitian before making significant changes to your diet, exercise, or lifestyle. Relying on information from the App is **at your own risk**. 3. **AI Accuracy.** AI results may misidentify foods, portion sizes, or nutritional values. You should verify AI-generated entries and correct inaccuracies. --- ## 8. Intellectual Property Except for User Content, all text, graphics, databases, logos, algorithms (including AI models), and code in the Services are owned by or licensed to MyFitMate and are protected by copyright, trademark, and other laws. No rights are granted to you except the limited right to use the Services under these Terms. Some nutritional information shown in the App is sourced from **OpenFoodFacts** and is made available under the [Open Database License (ODbL)](https://opendatacommons.org/licenses/odbl/1.0/). If you contribute corrections or new products via the App, your contributions may be shared back to OpenFoodFacts in compliance with that license. --- ## 9. Paid Services, Auto-Renewal & Tax If we offer subscription plans in the future, the following will apply: * Subscriptions will auto-renew unless turned off at least 24 hours before the period ends. * Your card will be charged through Apple IAP. Manage or cancel in **Settings > Apple ID > Subscriptions**. --- ## 10. Termination You may delete your account at any time in the App or by emailing **contact@myfitmate.app**. We may suspend or terminate your account immediately for breach of these Terms, fraud, or illegal activity. Termination results in forfeiture of all unused credits and removal of associated data (see Privacy Policy for retention rules). --- ## 11. Indemnity You will indemnify and hold harmless MyFitMate, its affiliates, and their officers, from all liabilities, claims, and expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Services. --- ## 12. Limitation of Liability **TO THE FULLEST EXTENT PERMITTED BY LAW, MYFITMATE AND ITS AFFILIATES ACCEPT NO LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES.** This exclusion applies to, without limitation, any and all: * economic losses (including loss of revenue, profits, contracts, business, goodwill, data, or anticipated savings); * loss or corruption of data, database, or software; * loss of reputation; * personal injury, illness, or death allegedly resulting from nutritional or fitness decisions made using the App; * any special, incidental, consequential, exemplary, punitive, or similar damages, even if we have been advised of the possibility of such damages. You agree that **your sole and exclusive remedy** for any dissatisfaction with the Services is to discontinue using them. **Nothing in these Terms excludes or limits liability that cannot be excluded by applicable law**, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. Your statutory consumer rights remain unaffected. --- ## 13. Governing Law & Jurisdiction These Terms and any dispute or claim (whether contractual or non-contractual) are governed by **the laws of England and Wales**. The English courts shall have exclusive jurisdiction, except that mandatory consumer protection laws in your country of residence still apply. --- ## 14. Changes to Terms We may modify these Terms at any time. We will give at least 30 days' notice via in-app message or email for material changes. Continued use after the effective date constitutes acceptance. --- ## 15. Contact Questions? Email **contact@myfitmate.app** ---