Terms of Use

1. Acceptance of Terms

By downloading, installing, or using Healthy&Fit (the “App”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, do not use the App.

2. Description of Service

Healthy&Fit is an AI-powered nutrition tracking application that allows users to log meals by scanning food with their camera, scanning barcodes, or reading nutrition labels. The App provides estimated calorie and macro breakdowns, personalized nutrition plans, a Health Score, AI coaching, and progress tracking features.

3. Medical Disclaimer

Healthy&Fit is a nutrition tracking tool and does not provide medical advice, diagnosis, or treatment. The nutritional information, Health Scores, and AI Coach recommendations are estimates and should not be considered a substitute for professional medical or dietary advice. Always consult a qualified healthcare provider before making changes to your diet or exercise routine.

4. Account Registration

To use certain features, you must create an account. You agree to:

• Provide accurate and complete information during registration.
• Keep your login credentials confidential.
• Be responsible for all activity that occurs under your account.
• Notify us immediately of any unauthorized use of your account.

5. Subscriptions and Payments

Pricing

Healthy&Fit offers Monthly ($11.99/month) and Annual ($59.99/year) subscription plans. Prices may vary by region and are subject to change with notice.

Free trial

Annual plans include a 3-day free trial. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription.

Billing

Payments are processed through the Apple App Store or Google Play Store. Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current billing period.

Cancellation

You may cancel your subscription at any time through your App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

6. AI Food Recognition

Our AI-powered food scanning provides estimates of nutritional content. While we strive for accuracy, results may vary based on image quality, food presentation, portion sizes, and other factors. You can manually adjust any scan results. We are not liable for inaccuracies in AI-generated nutritional data.

7. User Content

You retain ownership of any content you submit through the App, including meal photos and food logs. By submitting content, you grant us a limited, non-exclusive license to use, process, and analyze that content solely for the purpose of providing and improving the Service.

8. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose.
• Attempt to reverse-engineer, decompile, or disassemble the App.
• Interfere with or disrupt the App's infrastructure.
• Create multiple accounts to abuse free trials or promotions.
• Use the App in a manner that could damage, disable, or impair the Service.

9. Intellectual Property

The App, including its design, features, content, and AI technology, is owned by Healthy&Fit and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the App without our prior written consent.

10. Limitation of Liability

To the maximum extent permitted by law, Healthy&Fit shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App. Our total liability for any claim arising from these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Termination

We may suspend or terminate your access to the App at any time for violation of these Terms. Upon termination, your right to use the App ceases immediately. Sections that by their nature should survive termination will remain in effect.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes through the App or via email. Your continued use of the App after changes constitutes acceptance of the updated Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Healthy&Fit operates, without regard to conflict of law principles.

14. Apple App Store Additional Terms

If you download the App from the Apple App Store, the following terms also apply:

• Acknowledgement:These Terms are an agreement between you and Healthy&Fit only, not with Apple. Healthy&Fit is solely responsible for the App and its content.
• Scope of License:Your license to use the App is non-transferable and limited to use on Apple-branded products that you own or control, as permitted by the App Store Terms of Service and Apple's Usage Rules.
• Maintenance and Support:Healthy&Fit is solely responsible for providing maintenance and support services for the App, if any. Apple has no obligation to furnish any maintenance or support services for the App.
• Warranty:To the extent not effectively disclaimed, Healthy&Fit is solely responsible for any product warranties, whether express or implied by law. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App to you as permitted by applicable law and Apple policy. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Product Claims:Healthy&Fit, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• Intellectual Property Claims:In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Healthy&Fit, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim.
• Legal Compliance:You represent and warrant that (a) you are not located 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, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Terms: You must comply with applicable third-party agreement terms when using the App.
• Third-Party Beneficiary:Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the App. Upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15. Contact Us

If you have questions about these Terms, contact us at:

Email: team@thinqr.org