FoodBite terms of service

Introduction

Welcome to FoodBite. Please read these Terms of Service carefully, as they form a binding agreement between you (“User”) and MoodGroup (“FoodBite”, “we”, “us”, or “our”). By accessing or using our websites, applications, products, and services (“Services”), you agree to be bound by these Terms.

If you have any questions or concerns regarding these Terms or our Services, you may contact us at: ceo@linsa.ai.

These Terms include our Privacy Policy, our Copyright Policy, and any other applicable guidelines posted within the Services. If you do not agree with all of these Terms, you may not use the Services.

PLEASE NOTE THAT BY USING THE SERVICES, YOU AGREE TO RESOLVE CERTAIN DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT PROCEEDINGS AND YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS. MORE DETAILS ARE PROVIDED IN THE “ARBITRATION AGREEMENT” SECTION BELOW.

Will These Terms Change?

We continuously work to improve our Services. As a result, these Terms may require updates. We may modify these Terms at any time. If we do, we will notify you through our website, email, in-app notice, or another reasonable method.

If you disagree with the updated Terms, you must stop using the Services. Continued use after updated Terms become effective constitutes acceptance of the changes.

What About My Privacy?

Read the FoodBite privacy policy

Children’s Online Privacy Protection

We do not knowingly collect personal information from children under 13. If you are under 13, do not register or use the Services. If we discover that we have collected information from a child under 13, we will delete it promptly. If you believe this has occurred, please contact us at ceo@linsa.ai.

Basics of Using FoodBite

FoodBite is a food diary. You can log meals and estimate their nutritional content from photos or descriptions.

You must not impersonate another person, misrepresent your identity, or allow others to use your account. You are responsible for maintaining the confidentiality of your credentials and all activity that occurs under your account.

Tap Continue to open a profile on this device.

If you accept these Terms on behalf of an organization, you confirm that you are authorized to do so. You are responsible for ensuring that your use of the Services complies with all applicable laws.

Messaging and Notifications

As part of providing the Services, we may send you notifications, including email messages. You may opt out of certain communications through your account settings.

Usage Restrictions

You agree not to use, upload, generate, or distribute any content through the Services that:

• infringes intellectual property rights;

• violates any laws or regulations;

• is harmful, abusive, or misleading;

• threatens the security of any account;

• attempts to obtain sensitive information from others;

• interferes with system integrity or performance;

• involves scraping, crawling, or unauthorized data collection;

• involves reverse engineering or attempting to access source code.

Prohibited content includes hate speech, harassment, impersonation, sexual content, illegal activities, extreme violence, exploitation of minors, discrimination, and other harmful material. Violation of these restrictions may result in account termination.

Your Rights in the Services

All materials displayed, performed, or otherwise available through the Services, including text, images, graphics, data, illustrations, and user-generated content (“Content”), are protected by intellectual property laws. You agree to comply with all copyright notices and usage restrictions.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and any Content generated through the Services for lawful personal or professional purposes. You may not modify, reproduce, distribute, or create derivative works from the Services unless expressly permitted.

User-Generated Content

User Content

Any content that you upload, submit, store, or generate through the Services is considered “User Content.” Depending on your subscription level, you may have the option to keep your User Content private. You are solely responsible for the accuracy, legality, and compliance of your User Content.

You must not submit User Content that: (i) infringes copyrights or other rights; (ii) contains explicit sexual material; (iii) promotes hate, discrimination, or violence; (iv) exploits minors; (v) depicts illegal acts or extreme violence; (vi) promotes scams, fraudulent schemes, gambling, or misleading financial offers.

License You Grant to FoodBite

By submitting User Content through the Services, you grant FoodBite a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, display, and create derivative works from your User Content solely for the purpose of operating, improving, and providing the Services. This license survives termination of your account.

You also grant other users a limited license to access and use any of your User Content that you make publicly available through the Services.

Sharing and Redistribution

Some features allow you to share Content on social media or other external platforms. By using these features, you authorize us to transfer the necessary information to those third-party services. You are responsible for reviewing their privacy policies and terms.

Technical Adjustments

You understand that to provide the Services effectively, we may need to make technical modifications to User Content so that it can be transmitted, displayed, or stored properly across devices and networks.

Reporting Copyright Infringement (DMCA)

We comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work has been copied or used in a way that constitutes infringement, please send a notice to our designated copyright agent at ceo@linsa.ai with the following:

• Your physical or electronic signature

• Identification of the copyrighted work

• Identification of the infringing material and its location

• Your contact information (email, address, telephone)

• A statement that you believe the use is unauthorized

• A statement, under penalty of perjury, that your notice is accurate

Your Responsibility for What You See and Do on the Services

All Content accessed through the Services is at your own risk. We do not guarantee the accuracy, legality, or reliability of any Content. FoodBite is not responsible for user behavior, third-party content, or external websites linked within the Services.

Your interactions with third parties, whether online or offline, are solely between you and those parties. FoodBite is not liable for disputes arising from such interactions.

Changes to the Services

We may add, modify, limit, or remove features or Content at any time. We will make reasonable efforts to notify you of significant changes, although this may not always be possible.

Are the Services Paid?

FoodBite shows the price, billing period, any introductory price and the renewal terms before you confirm a purchase. Some features require a paid subscription.

Store purchases are charged by Google Play or the App Store. RevenueCat verifies your access. If you choose an external payment method, the checkout identifies the provider and displays its terms.

Recurring subscriptions renew until canceled. Manage a store subscription and request refunds in the store where you purchased it. For other payment methods, use the cancellation option in FoodBite or contact ceo@linsa.ai. Deleting your profile does not cancel a store subscription.

Ending Your Use of the Services

You may stop using the Services at any time by contacting us at ceo@linsa.ai. Please review our Privacy Policy to understand how we handle information after account termination.

We may suspend or terminate your access to the Services at our discretion if you violate these Terms or otherwise misuse the Services. Termination may result in the deletion of User Content associated with your account.

Inviting Other Users

From time to time, FoodBite may offer referral rewards. Referral eligibility, reward conditions, and program duration may vary. FoodBite reserves the right to change or revoke referral programs at any time.

Additional Important Information

Disclaimer of Warranties

The Services and all Content are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied. We do not guarantee uninterrupted or error-free operation of the Services.

Limitation of Liability

To the maximum extent permitted by law, FoodBite shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or service interruptions. In all cases, FoodBite’s total liability shall not exceed the greater of: (a) $100 USD, or (b) the amount you paid to FoodBite within the 12 months preceding the claim.

Indemnification

You agree to indemnify and hold harmless FoodBite from any claims, losses, liabilities, or expenses arising from your use of the Services or violation of these Terms.

Assignment

You may not assign or transfer these Terms without our written permission. We may assign or transfer these Terms to an affiliate or successor without restriction.

Governing Law

These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws principles.

Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE CERTAIN DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT PROCEEDINGS.

Before initiating arbitration, both parties agree to attempt to resolve disputes through good-faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration will take place in San Francisco, California, in English.

Either party may seek court action for claims related to intellectual property rights (e.g., copyright, trademark, trade secrets).

YOU AND FoodBite WAIVE THE RIGHT TO A TRIAL BY JURY.

CLASS ACTION WAIVER: ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. NO CLASS, COLLECTIVE, OR CONSOLIDATED ACTIONS ARE PERMITTED.

You may opt out of this Arbitration Agreement within 30 days of accepting these Terms by emailing ceo@linsa.ai with your name, account email, and a statement that you choose to opt out of arbitration.

Apple App Store Disclaimer

If you access the Services through the Apple App Store, you acknowledge and agree that:

• These Terms are between you and FoodBite, not Apple.

• Apple is not responsible for the Services or their content.

• Apple has no obligation to provide support or maintenance services.

• In case the Services fail to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if applicable). Apple has no further warranty obligations with respect to the Services.

• Apple is not responsible for claims related to product liability, legal compliance, consumer protection, or intellectual property violations.

• You must comply with all third-party terms of agreement when using the Services.

• Apple and its subsidiaries are third-party beneficiaries of these Terms.

Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your data:

Read the FoodBite privacy policy

Services Provided

Available plans and prices are shown in FoodBite before purchase. They may vary by region and payment method.

Miscellaneous

You are responsible for any taxes or fees associated with your use of the Services unless collected by your payment provider.

If any provision of these Terms is found unenforceable, it will be modified only to the extent necessary for the Terms to remain valid and enforceable.

These Terms constitute the entire agreement between you and FoodBite regarding the Services.