Terms of Service

Welcome to SnackSafe Inc. ("Company""we""our""us").

After you have clicked our Terms of Service, please take the time to carefully review and consider the following pages. It will take you approximately 15-20 minutes of your time but it is important that you do so as these Terms affect your rights and obligations.

These Terms of Service ("Terms") govern your access to and use of (i) our downloadable mobile application (the "App") made available via the Apple App Store, Google Play Store, and (ii) any web-based software-as-a-service offerings, website, and web pages operated by us that link to these Terms (collectively, the "Service"), in each case operated by SnackSafe Inc. ("Company""we""our""us").

Our Privacy Policy also governs your use of our Service and explains how we collect, use, safeguard, and disclose information that results from your use of our Service. Please review it at https://SnackSmart.ai/privacy (the "Privacy Policy").

Your agreement with us includes these Terms and our Privacy Policy, as amended from time-to-time ("Agreements"). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) our Agreements, then you may not use the Service, but please let us know your reservations by emailing us at support@SnackSmart.ai so that we can try to address those in real-time. These Terms apply to all visitors, users and others who wish to access or use Service.

The Service is controlled and operated by the Company from its offices at SnackSafe Inc. 251 Little Falls Drive, Wilmington, DE, 19808, USA.

We make no representations that the Service is appropriate or available for use in all jurisdictions. You are responsible for ensuring that your access to and use of the Service is permitted under the laws of the jurisdiction(s) from which you access the Service. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws (as applicable).

Without limiting the foregoing, the Service is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject the Company to any registration requirement within such jurisdiction or country.

As part of the Service, we provide an App and a software platform (collectively, the "Platform") that helps you capture and upload images of food and beverage labels and related packaging information (such as ingredient lists and nutrition facts), uses artificial intelligence and other tools to extract and interpret that information, and generates informational outputs such as food summaries, translations, and flags based on the dietary preferences and restrictions you select. The Platform also allows you to store and manage user profiles, preferences, and dietary restriction data, and to generate and share printable and digital dietary profile summaries. The Service is intended for informational and educational purposes only and you are responsible for verifying all outputs against product packaging, labels, and manufacturer information before making consumption or sharing decisions.

When you scan a food or beverage using the Service, the Service may present an informational result or flag intended to help you interpret the label or packaging based on the dietary preferences, allergens, and restrictions you selected.

For example, scan results may include one of the following:

(a) "Allergen Identified" / "Contains Allergen" / "Contains [Peanuts]" / etc. — which indicates that the App or the Service identified ingredients or other label or packaging information in the scanned image that likely matches item(s) you have requested to flag;

(b) "Unclear" / "Warning" / "May Contain [Peanuts]" / "May Contain Allergen" — which indicates that the App or Service could not determine with sufficient confidence whether the scanned portion of the food or beverage package or item likely reports or contains the presence of item(s) you have requested to monitor or flag, including due to missing, unclear, incomplete, blurry, too small, or conflicting information; or

(c) "No Allergens Identified" / "No Allergens Found" — which indicates that, based on the information available in the scanned portion of the package or food item, the Service did not reasonably identify item(s) you have requested to monitor or flag.

You acknowledge and agree that all such results are Outputs provided for informational purposes only, may be inaccurate or incomplete, and do not guarantee that a food or beverage is safe, allergen-free, or appropriate for you or your child, and you remain responsible for reviewing packaging and labels and exercising appropriate caution before any consumption decision.

The Service may also enable you to share information with third parties you choose, including family members, legal guardians, caregivers, and/or dietitians or other dietary professionals (collectively, "Dietary Professionals"), and to receive information from them through the Service.

After downloading and installing the App, you will be prompted to register and create a personal account. As part of registration and onboarding, you will be asked to complete a personal profile and related settings, which may include (as applicable) your age and other basic profile details, emergency and/or other contact persons, identification of a supervising adult (where applicable), identification of any Dietary Professional with whom you wish to share information through the Service, and the option to upload a personal profile picture and convert it into an avatar for use within the Service or for including in a downloadable and sharable allergy poster.

You will also be asked to select relevant dietary preferences, food allergens, and food allergies you wish the Service to consider, including by selecting from a list made available in the Service and, where available, by using voice input to describe allergens or dietary restrictions you want the Service to consider, and to create a personal food allergy card or similar summary intended for presentation to third parties, including in other languages and in other countries, if and when necessary.

You are responsible for ensuring that all information you provide is accurate, complete, and kept up to date, and for reviewing Outputs against product packaging, labels, and manufacturer information.

If certain features of the Service are offered on a paid basis, you will be asked to select a subscription package (or other pricing option) and provide required billing, payment, and contact information in order to activate such paid features.

All purchases are subject to the applicable billing terms described in these Terms and any additional disclosures presented at checkout.

For children and minors: if you create or manage an account or profile for a child or minor, a parent or legal guardian (or another responsible adult authorized by the parent or legal guardian) must participate in, consent to, and supervise onboarding, profile creation, and any sharing of information with third parties, and is responsible for the accuracy of information submitted about the child or minor and for the child's or minor's use of the Service.

The Service is intended solely as a lifestyle and nutrition management tool designed to help users access, organize, translate, and understand food and beverage labeling information (including ingredients and nutrition facts) and to help users apply user-selected dietary preferences and restrictions for informational and educational purposes (for example, to support general wellness and personal dietary organization), including when such labeling is absent. This Service functions as a digital aid for data display and format conversion, intended for general informational purposes only.

The Service and Outputs are not intended to be used for, and must not be used for, the diagnosis, cure, mitigation, treatment, or prevention of any disease or health condition, nor to replace the judgment of a qualified health care professional.

THE SERVICE AND ALL MATERIALS AND OUTPUTS PROVIDED THROUGH THE SERVICE, INCLUDING ANY FOOD SUITABILITY ASSESSMENTS, SUMMARIES, RECOMMENDATIONS, FLAGS, ALERTS, OR OTHER INFORMATION GENERATED BY THE PLATFORM OR ITS ARTIFICIAL INTELLIGENCE FEATURES (COLLECTIVELY, "OUTPUTS"), ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.

THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

THE COMPANY IS NOT A MEDICAL PROVIDER OR HEALTH CARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL SERVICES, DIAGNOSIS, OR TREATMENT.

THE SERVICE IS NOT A "MEDICAL DEVICE" AS DEFINED IN THE FEDERAL FOOD, DRUG AND COSMETIC ACT ("FD&C ACT") AND IS NOT DESIGNED OR INTENDED TO BE REGULATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA) OR ANY SIMILAR REGULATOR.

ALWAYS SEEK THE ADVICE OF A QUALIFIED PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING HEALTH CONDITIONS, ALLERGIES, OR DIETARY RESTRICTIONS, INCLUDING QUESTIONS REGARDING WHETHER A FOOD OR BEVERAGE IS SAFE FOR YOU OR YOUR CHILD.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION OR OUTPUTS FROM THE SERVICE.

IF YOU THINK YOU OR YOUR CHILD MAY HAVE A MEDICAL EMERGENCY, CALL 911 (IN THE UNITED STATES) OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

The Service references ingredient, nutrition, allergen, dietary, and other informational content from third-party sources. We do not recommend or endorse any specific foods, beverages, brands, products, tests, or services.

Reliance on the Service, including any Outputs, is solely at your own risk.

Food products, ingredients, and manufacturing practices change frequently, labels may be inaccurate or incomplete, and cross-contamination may occur.

The Service does not test, detect, or measure allergens, ingredients, or contaminants, and cannot confirm the absence of allergens or other substances.

You are solely responsible for verifying product information (including labels and manufacturer statements) and for determining whether any food or beverage is appropriate for you or your child, including based on allergies, intolerances, religious or ethical dietary rules, and medical conditions.

The Service includes features that use artificial intelligence, machine learning, computer vision, optical character recognition, voice character recognition, translation, and other automated tools to extract, identify, classify, translate, and interpret information from user-provided content (including photos of food and beverage packaging, labels, and ingredient and nutrition panels) and to generate Outputs.

You acknowledge that such tools are probabilistic by nature, may not function correctly in all circumstances, and may produce inaccurate, incomplete, misleading, offensive, or otherwise erroneous Outputs, including due to image quality, lighting, packaging changes, font or language issues, incomplete label information, third-party data limitations, or model limitations or errors (including errors in identifying ingredients or allergens, interpreting label languages or values, or identifying products from images).

You agree not to rely on the Service or any Outputs as a substitute for reviewing the product packaging and label information yourself, and you agree to verify all Outputs (including any ingredient identifications, translations, nutrition values, allergen flags, dietary restriction determinations, and suitability assessments) prior to use, sharing, or consumption decisions. Reliance on the App's output for safety-critical decisions, especially in life-threatening situations such as whether or not to avoid a specific food or beverage, is strictly prohibited.

You are responsible for ensuring that any photos or other content you submit are accurate and do not include information you do not have the right to provide. Where the Service presents you with options to confirm, correct, or provide additional context (for example, confirming identified ingredients or indicating uncertain results), you agree to use such options to improve accuracy.

THE COMPANY DOES NOT GUARANTEE THAT THE SERVICE OR ANY OUTPUTS WILL BE ACCURATE, COMPLETE, FREE OF ERRORS, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

The Service allows you to share information, profiles, and Outputs with third-party dietary and nutrition professionals, such as registered dietitians and nutritionists (collectively, "Dietary Professionals"). Dietary Professionals are independent third parties and are not employees, contractors, agents, or representatives of the Company. The Company does not recommend, endorse, vet, supervise, or control any Dietary Professional, and does not provide referrals, matching, scheduling, or clinical services. Any guidance or recommendations you may receive from a Dietary Professional are provided solely by that third party, and not by the Company.

The Company is not a healthcare provider and does not provide medical advice, diagnosis, or treatment. Dietary Professionals are independent of the Company and may use the Service to communicate with you. Any information or advice received from a Dietary Professional comes from the Dietary Professional, and not from the Company. Dietary Professionals, and not the Company, are responsible for the quality and appropriateness of any dietary and nutrition guidance they provide to you.

While the Service enables you to share information with Dietary Professionals, the Company does not provide referrals, matching, scheduling, or clinical services, and does not facilitate or create any doctor-patient relationship. Any relationship between you and a Dietary Professional is solely between you and that third party. You are responsible for deciding whether to follow any guidance you receive from a Dietary Professional and for verifying any information before acting on it.

When using the Service to capture and upload photos of food or beverage packaging, labels, ingredient lists, nutrition facts panels, barcodes, or similar information (including for AI-based identification, extraction, translation, or interpretation), you should do your best to provide accurate, precise, high-resolution, clear and in-focus images. The accuracy of any Outputs may depend, among other things, on the quality and detail of the information you provide, the completeness and accuracy of product labeling, and the ability of the Service's automated tools to process such information. If you are not able to take clear photos on your own, please have another trusted person take photos on your behalf. The Company does not guarantee that the Service or any Outputs will be accurate or error-free, and you are responsible for verifying Outputs against the product packaging and manufacturer information before relying on them.

You have the right, at any time, to delete images, scans, and related Outputs and information associated with your account, and to delete your personal information in general, in each case as described in our Privacy Policy. However, be advised that if you continue using the Service after deleting information, you may be required to provide certain information again in order to enable the Service.

The Service involves the use of electronic technologies to enable the collection, processing, storage, and transmission of information, including potentially sensitive dietary and health-related information, between you, the Platform, and any third parties you choose to share information with.

By using the Service, you acknowledge the potential risks associated with electronic and/or online services, including, for example, technical failures beyond the control of the Company; unauthorized access; data loss; and that information available through the Service may be incomplete, outdated, or inaccurate.

Although we use commercially reasonable security measures designed to protect your information, no system can be guaranteed to be 100% secure. The transmission of information via the internet is not completely secure and we cannot guarantee the security of information transmitted to, or through, our Service.

Therefore, any transmission is at your own risk. We are not responsible for circumvention of any privacy settings or security measures employed by the Service by third parties.

When you create an account with us, you represent that (a) you are at least 18 years old (or the age of majority where you live) or (b) you are the parent/legal guardian of the user (including a minor) or otherwise authorized to create and manage an account on the user's behalf, and in each case that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

The Service is currently made available only on Apple's iOS operating system through the Apple App Store. If and when we make the Service available on other operating systems (including Android), the iOS version and the Android version may be offered as separate versions of the Service and may have different technical features, payment flows, and terms.

If you initially register for or use the Service on iOS and later access the Service on Android (or if you initially register for or use the Service on Android and later access the Service on iOS), you may be required to log in again, re-establish your account for that operating system, and affirmatively accept the then-current Terms of Service and Privacy Policy applicable to that version of the App or Service as a condition of access and continued use.

To the maximum extent permitted by applicable law, data associated with one operating system version of the Service will not be transferred, ported, or made available on the other operating system version, including without limitation scans, images, Outputs, profiles, dietary preferences and restrictions, history, saved items, subscription status, in-app purchase history, payment history, communications, messages, and other account-related data, except to the extent we expressly offer an export, transfer, synchronization, or portability feature in the Service (and then only in accordance with the applicable feature disclosures and your settings). For clarity, purchases or subscriptions made through Apple in-app purchase are not transferable to other platforms, and purchases made through other platform billing systems (if any) are not transferable to Apple in-app purchase.

The Service may allow a parent or legal guardian to invite and authorize other family members, caregivers, and/or Dietary Professionals to access a user's profile(s) and food suitability assessments.

You are responsible for ensuring that any person you authorize has appropriate permissions to access the relevant information and will comply with these Terms. You acknowledge that once you share information with an authorized third party, the Company is not responsible for that third party's storage, use, or further disclosure of such information.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You hereby accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username or any name that is offensive, vulgar or obscene.

We reserve the right to refuse to provide the Service, or any part thereof, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

By creating an Account on our Service, you agree to receive Service-related communications, such as account notices, administrative messages, security alerts, and updates.

Where permitted by applicable law, you may also receive newsletters, marketing, or promotional materials. However, you may opt out of marketing or promotional communications by following the unsubscribe link (if provided) or by emailing us at support@SnackSmart.ai.

By providing Company your email address, phone number, or other contact information, you consent to us using such contact information to send you Service-related notices, including by email, in-app notifications, calls, or text messages (as applicable).

Company is not responsible or liable for any loss, injury, or claim of any kind resulting from your failure to receive or read these communications or from your failure to comply with any recommendations contained in these communications.

Subject to the provisions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only, to the extent permitted by the features of the Service.

If you are using the Service on behalf of a child (as a parent or legal guardian) or as an authorized caregiver or family member, you may use the Service only for such personal, noncommercial purposes.

Organizations, companies, and/or businesses may not become members and must not use the Service, without a separate express prior written consent from or agreement with Company.

Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time, for any reason, or no reason.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for User Content that you post on or through Service, including its legality, reliability, and appropriateness.

WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED OR SHARED BY YOU. THE USER CONTENT YOU CREATE OR SHARE REMAINS YOURS.

However, you understand that if portions of the Service allow other users, authorized family members/guardians, caregivers, or Dietary Professionals to view, edit, share, and/or otherwise interact with your User Content, by providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your Account settings and these Terms. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of User Content.

By posting or sharing User Content on or through Service, you represent and warrant that: (i) User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting or sharing of your User Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing the rights of any third-party.

You retain any and all of your rights to any User Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third-party posts on or through Service. However, by posting or sharing User Content, or using the Service, you grant us the right and a royalty-free, fully paid-up, sublicensable (through multiple tiers), transferable, perpetual, irrevocable, non-exclusive, worldwide license, without additional consideration to you or any third party, to use, host, store, reproduce, process, analyze (including using automated tools such as OCR, translation, and AI models), modify, perform, display (publicly or otherwise), adapt, create derivative works from, and distribute such User Content, in whole or in part, on and through the Service, in each case to operate, provide, maintain, develop, and improve the Service. You agree that this license includes the right for us to make your User Content available to other users and to authorized third parties you choose to share with through the Service (such as family members/guardians/caregivers and Dietary Professionals), who may also use your User Content subject to these Terms. The Company has the right but not the obligation to monitor and edit all User Content provided by users.

In parallel, the Platform, and other Company content found on or through this Service are the property of Company or used with permission granted to the Company ("Company Content"). You may not distribute, modify, transmit, reuse, download, repost, copy, or use Company Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Prohibited Uses (Food Safety / Misuse)

In addition to the other prohibited uses stated in these Terms, you agree not to: (a) use the Service or Outputs as the sole basis to determine whether a food or beverage is safe for someone with an allergy or medical condition; (b) input information you do not have the right to provide (including a child's information without the consent of a parent or legal guardian); (c) use the Service in any way that violates COPPA, HIPAA (if and when applicable), or other privacy or health information laws; (d) use the Service for clinical decision-making, diagnosis, or treatment; or (e) use the Service as part of any regulated clinical workflow, to satisfy any legal or regulatory obligation applicable to a health care provider, or in a manner that would cause the Service to be deemed a regulated medical device.

You may use the Service only for lawful purposes and in accordance with Terms.

You further agree not to use Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material.
• To misrepresent yourself or attempt to misrepresent yourself as the Company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or limits anyone's use or enjoyment of Service, or which, may harm or offend Company or users of Service or expose them to liability.
• Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real time activities through Service.
• Use any bot, robot, scraper or other automatic device, process, or means to access Service for any purpose, including monitoring, scraping or copying any of the material on Service.
• Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of Service.
• Introduce any viruses or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
• Attack the Service, including through a denial-of-service attack, a distributed denial-of-service attack or any other attack.
• Take any action that may damage the Company's reputation.
• Otherwise attempt to interfere with the proper operation of the Service.

Some parts of the Service may be billed on a per-scan and/or subscription basis ("Subscription(s)"). In those cases, you will be billed in advance on a recurring and periodic basis or on a pay-per-use basis, as applicable ("Billing Terms").

If you purchase a Subscription through the Apple App Store's in-app purchase or subscription functionality ("Apple IAP"), you acknowledge that: (a) payment will be charged to your Apple ID account at the confirmation of purchase; (b) subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the then-current period; (c) your account will be charged for renewal within 24-hours prior to the end of the then-current period; and (d) you can manage and cancel your Subscription (including turning off auto-renew) in your Apple ID account settings in the App Store. These Terms do not alter any Apple App Store payment terms that apply to you.

Billing Terms depend on the type of subscription plan you select when purchasing a Subscription. Unless otherwise agreed in advance, at the end of each Subscription, it will automatically renew under the same conditions unless you or the Company cancel it.

You may cancel your Subscription renewal through your Apple ID account management settings (for Apple IAP purchases) or through your online account management page or by contacting our customer support team (for any non-Apple purchases, if applicable). Cancellation stops future charges but does not retroactively refund subscription fees already paid except as required by applicable law or as otherwise provided by Apple's policies for Apple IAP purchases.

A valid payment method is required to process the payment for your Subscription. If you purchase through Apple IAP, Apple processes the payment using the payment method associated with your Apple ID. If you purchase through another method we make available (if any), you shall provide us with accurate and complete billing information including full name, billing address, state, zip code, telephone number, and valid payment method information.

By submitting payment information for any non-Apple purchase method we make available (if any), you authorize the Company to charge applicable fees to the selected payment method. For Apple IAP purchases, Apple, not the Company, charges your Apple ID payment method and controls the billing flow.

The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time or a limited number of scans ("Free Trial"). If you sign up for a Free Trial through Apple IAP, Apple may require you to enter your billing information and will not charge you until the Free Trial has expired, unless you cancel before the end of the Free Trial. On the last day of the Free Trial period, unless you cancel, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected, in accordance with Apple's then-current in-app purchase terms. At any time and without notice, the Company reserves the right to (i) modify the Terms or extent of the Free Trial offer, or (ii) cancel such Free Trial offer, subject to any constraints imposed by Apple's policies and applicable law.

The Company, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee changes will become effective at the end of the then-current Billing Term. Where required, the Company will provide you with reasonable notice of any change in Subscription fees to provide you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after any Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. Except when required by law, fees are non-refundable. For Apple IAP purchases, refund requests (if any) are handled by Apple in accordance with Apple's policies, and the Company does not control whether Apple grants a refund.

App Store Terms (Apple)

If you access the Service via the App downloaded from Apple's App Store, you acknowledge and agree that: (a) these Terms are between you and the Company only, and not with Apple; (b) Apple has no responsibility for the App or its content; (c) your use of the App must comply with Apple's applicable terms (including the Apple Media Services Terms and the Usage Rules); (d) the Company, not Apple, is solely responsible for providing any maintenance and support services with respect to the App to the extent required under applicable law, and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and to the extent the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the App (if any) to you, and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App; (f) Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including product liability, consumer protection, or regulatory claims; (g) 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, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim; (h) you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (i) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as a third-party beneficiary.

Play Store Terms (Google)

If you access the Service via the App downloaded from Google's Play Store, you acknowledge and agree that: (a) these Terms are between you and the Company only, and not with Google; (b) Google has no responsibility for the App or its content; (c) your use of the App must comply with Google's applicable terms (including the Google Media Services Terms and the Usage Rules); (d) the Company, not Google, is solely responsible for providing any maintenance and support services with respect to the App and Service to the extent required under applicable law, and Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App or Service; (e) to the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App or Service, and to the extent the App or Service fails to conform to any applicable warranty, you may notify Google and Google will refund the purchase price for the App (if any) to you, and, to the maximum extent permitted by applicable law, Google will have no other warranty obligation with respect to the App; (f) Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including product liability, consumer protection, or regulatory claims; (g) 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, the Company, not Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim; (h) you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (i) Google and Google's subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as a third-party beneficiary.

Third-Party SDKs; Mobile App Disclosures

Our use of Third-Party SDKs may result in the collection, transmission, and processing of certain information from your device or your use of the Service (for example, device identifiers, app instance identifiers, IP address, approximate location derived from IP address, app performance and crash logs, and usage events), subject to your device settings, permissions, and choices, and as described in our Privacy Policy and in-app disclosures. Some Third-Party SDKs may be provided by third parties that process information independently under their own privacy policies. Where required by applicable law, we will provide appropriate disclosures and choices (including opt-out mechanisms where applicable) regarding such Third-Party SDKs and related processing.

We may use third-party service providers, software development kits, and analytics providers (collectively, "Third-Party SDKs") to help operate, provide, maintain, secure, support, and analyze the use of our Service, and for related purposes described in our Privacy Policy. A list of Third-Party SDKs used in connection with the Service (including the name of each provider and, where available, links to the provider's privacy policy) will be made available in the Service, our Privacy Policy, or another location we identify from time to time, and that list may be updated as our Third-Party SDK usage changes.

The Service may be used by adults and by minors, including young children, only with the involvement, consent, and supervision of a parent or legal guardian (or another responsible adult authorized by the parent or legal guardian).

If you are a parent or legal guardian and you permit a minor to use the Service (including via a child profile, family account, or shared device), you agree that you are responsible for the minor's activity on the Service and for ensuring the accuracy of information submitted about the minor.

If you are under the age of 18 (or the age of majority where you live), you may use the Service only with the consent and supervision of your parent or legal guardian.

Children's Privacy (COPPA Notice)

The Service may be directed to and used by children under 13, and we take steps intended to comply with the U.S. Children's Online Privacy Protection Act ("COPPA"). If we collect personal information from a child under 13, we will do so only with verifiable parental consent and with parental involvement, control, and supervision (or as otherwise permitted by COPPA), and we will provide parents with required notices and choices regarding such collection, use, and disclosure. Parents and legal guardians are responsible for supervising their child's use of the Service, including reviewing Outputs and any information the child submits or receives through the Service.

Parents and legal guardians may review, delete, and/or refuse further collection of their child's information as described in our Privacy Policy or by contacting us at support@SnackSmart.ai.

Except for your User Content, the Service, the Platform, the App, and all materials therein or transferred thereby, including software, images, text, graphics, illustrations, logos, trademarks, service marks, photographs, audio, videos, music, and User Content belonging to other Users (collectively, "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Agreements shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, reverse engineer, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is prohibited.

For the purposes hereof, the term "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

We respect the Intellectual Property Rights of others; it is our policy to respond to any claim that any content posted on the Service (whether User Content or Company Content) infringes upon the copyright or other Intellectual Property Rights ("Infringement") of any person or entity.

If you are the owner of any copyrighted work, or you are authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to ip@Snacksafe.com. Please include in your claim a detailed description of the alleged Infringement. Please note that you may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any content found on your copyright and/or transmitted through the Service.

If, however, you believe that our Service, or any part thereof includes an error, you are invited to provide us at support@SnackSmart.ai with information and feedback concerning any such errors, problems, complaints, and other matters related to our Service and we will make an effort to address your message as soon as practicably possible.

Our Service may contain links to third party content, websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party materials, websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

ACCORDINGLY, YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY MATERIALS, WEBSITES OR SERVICES.

YOU SHOULD THEREFORE READ THE TERMS AND PRIVACY POLICIES OF ANY THIRD-PARTY MATERIALS, WEBSITES OR SERVICES THAT YOU VISIT TO UNDERSTAND THE TERMS RELATED THERETO.

To the extent applicable, you acknowledge that: (a) you are interacting with an AI-enabled system when you use AI features of the Service; (b) certain Outputs may be generated automatically by AI; and (c) the Service may summarize, translate, or otherwise transform information you provide or that is derived from images, voice or third-party sources. The Company does not use the Service to engage in prohibited AI practices and does not intend the Service to be used for high-risk uses under the EU AI Act.

You agree to use the Service only for lawful purposes and in accordance with these Terms.

If you are located in the European Economic Area, the United Kingdom, or Switzerland, you may have additional rights regarding certain automated processing under applicable law, as described in the Privacy Policy.

Certain U.S. state laws may require additional notices and/or provide residents specific rights when automated tools, including AI, are used to generate information or assist with decisions. To the extent applicable, you acknowledge that the Service uses AI and other automated tools to generate certain Outputs and that such Outputs may be inaccurate or incomplete. The Service is intended to provide informational support and does not make medical determinations or provide medical advice.

Additional information about our use of automated tools and your choices, where required by applicable law, is provided in the Service and/or our Privacy Policy.

Certain information you submit or that is generated through the Service may relate to health, allergies, dietary restrictions, or other sensitive matters. The Company is not a "covered entity" under the U.S. Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended ("HIPAA"). However, if, when and to the extent the Company acts as a "business associate" (as defined by HIPAA) to a HIPAA-regulated covered entity (for example, where the Service is made available through, or on behalf of, a health care provider, health plan, or health care clearinghouse), the Company will implement and maintain HIPAA-compliant administrative, physical, and technical safeguards for Protected Health Information ("PHI") and will enter into a business associate agreement ("BAA") with the applicable covered entity or business associate, as required by HIPAA.

Otherwise, you acknowledge that HIPAA does not apply to all information you choose to provide to the Company (including information you provide directly through a consumer account not sponsored by a covered entity), and such information will be handled in accordance with our Privacy Policy and applicable law.

The Service (or certain features, functionalities, tools, or content within the Service, including any artificial intelligence-enabled features (such as tools that identify or extract food ingredients and nutritional information from packaging images, labels, or other content, tools that translate or interpret ingredient lists and nutrition values, and tools that generate food suitability assessments) and any related Outputs) may be offered from time to time in "beta," "pilot," "preview," "early access," "experimental," or similar status ("Beta Features").

Beta Features are provided for evaluation and testing purposes and are particularly susceptible to contain bugs, errors, or other issues, may not function as intended, and may be modified, suspended, or discontinued at any time without notice. Without limiting any other disclaimers in these Terms, Beta Features and any related Outputs are provided on an "as-is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, or uninterrupted availability.

You acknowledge and agree that you use Beta Features at your own risk, and you will not rely on Beta Features or any related Outputs as the sole basis for decisions regarding food safety, allergens, or dietary restrictions. To the maximum extent permitted by applicable law, the Company will have no liability arising out of or relating to Beta Features, including any harm or damages resulting from your use of, inability to use, or reliance on Beta Features or related Outputs.

THE SERVICE IS PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND ANY SERVICE OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. ACCORDINGLY, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Company and its affiliated entities, and their respective successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any User Content transmitted or received by you; (ii) your violation of any provision of these Terms, including your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any content that is submitted via your User Account, including misleading, false, or inaccurate information; (vi) your negligence or willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password, or other appropriate security code.

EXCEPT AS PROHIBITED BY LAW, AND TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND/OR APPEAL, IF ANY), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENTS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR ANY OUTPUTS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY, ALLERGIC REACTION, OR PERSONAL, PHYSICAL OR PROPERTY DAMAGE, ARISING FROM THESE TERMS OR YOUR RELIANCE ON THE SERVICE OR OUTPUTS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

EXCEPT AS PROHIBITED BY LAW AND TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY (OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100)). UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

Company will not be deemed in breach of these Terms due to any event or occurrence beyond Company's control, including, without limitation, acts of God, storms, diseases, pandemics, lockouts, quarantines, shortage of labor, terrorism, war, invasion, failures of any public networks or transportation networks, electrical shortages, equipment shortage, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

No action arising under or in connection with these Terms, regardless of the form, may be brought by you more than three (3) months after the cause of action arose; actions brought thereafter are forever barred.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions, and the state and federal courts located in the State of Delaware shall have exclusive jurisdiction over any dispute concerning these Terms, their interpretation, validity, performance, or termination, and you agree to submit yourself to such exclusive jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Notwithstanding the foregoing, if you are a consumer, nothing in these Terms is intended to, and will not, waive rights or protections that cannot be waived under applicable law, and the foregoing governing law and venue provisions will apply only to the extent permitted by such law.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDINGS OF ANY KIND.

We reserve the right to withdraw or amend our Service, and any service or material we provide through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to Users, including registered Users for any reason, including back-up, maintenance, upgrades or any other reason.

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree to the new terms, you are no longer authorized to use Service.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

No waiver by Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Company's prior written consent.

Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

If you need to contact us for any reason, please send your request, comments, or questions by email tosupport@SnackSmart.ai.