TERMS OF USE ​

Last updated: March 10, 2026

Effective Date: March 12, 2026

About these Terms of Use ​

These Terms of Use (“Terms”) is a legal agreement between you and MyFoodTracker (“we” or “us”).

By using mobile applications published by us (the “App”, specifically designed for iOS devices), accessing any of our products or services through the App (collectively, the “Services”), you agree to and accept the Terms, which we may update from time to time. Your use of our Services is also subject to our Privacy Policy which covers how we collect, use, share and store your personal data.

By downloading, installing, using or otherwise accessing the Services, you agree to the Terms. If you do not agree to the Terms, please do not download, install, use or otherwise access the Services. Use of the Services is void where prohibited.

Our App download/purchase page on the Apple App Store may contain certain additional terms, conditions and requirements, which constitute a part of the Terms. Please review the terms and conditions of Apple Inc. applicable to the download, installation and use of the App through the Apple App Store.

Changes and Severability ​

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time by posting the amended Terms within the App or on our designated website. If there is a material change, we may also provide additional notice (including push notifications or in-app messages). Unless we state otherwise, the changes are effective immediately upon posting. Each time you access our Services, the current version of the Terms applies, and you agree that the changes apply to your continued use of the Services.

If you do not agree with any amendment to the Terms, your only remedy is to cease use of our Services.

If any portion of the Terms is deemed to be illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable.

Requirements To Use ​

By installing, accessing or using our Services you confirm that you are at least 16 years of age and have full legal capacity to enter into this agreement. In case you are between 16 and 18 years of age, you hereby confirm that your parent, legal guardian, or other representative under applicable law has reviewed and agrees to the Terms and allows you to access and/or use our Services.

We also reserve the right, in our sole discretion and at any time, to discontinue or modify our Services or any part thereof or remove or edit Content (as defined below), without prior notice either permanently or temporarily, at which point your right to use those Services or any part thereof will be automatically terminated or suspended.

The transmission of information over wireless and wired networks is not inherently secure. We use industry-standard tools to help protect your personal data against unauthorized access or disclosure; however, we do not guarantee that your personal data or private communications will always remain private when using our Services. You accept all responsibility for such security risks and any damage that may result therefrom. It is also your sole responsibility to use all reasonable and recommended measures (such as complex passwords, enabling two-factor authentication) to secure your iOS device from any unauthorized access.

Any download of our App and use of our Services shall be in compliance with all relevant international, U.N., USA, EU or local regulatory restrictions and regulations applicable to iOS users. You represent and warrant that you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that you are not listed in any U.S. Government, EU or relevant sanction list of prohibited or restricted parties, and you comply with all applicable U.N., EU and local sanctions and embargoes.

Purchases in the Services ​

When you purchase the App or in-app products (including subscriptions) from the Apple App Store, the payment for such purchases is processed directly by Apple Inc. on our behalf. When purchasing the App or in-app subscriptions, you agree that the digital content will be available to you immediately, and acknowledge that you will lose your rights to the 14 days cancellation period and refunds available for EU and EEA residents, to the extent permitted by Apple’s App Store policies. Before effecting any purchase from the Apple App Store, please review and accept Apple’s terms and conditions with regard to your rights to cancel orders and obtain related refunds.

Some of our Services may be available on a subscription basis. Subscriptions may be weekly, monthly, tri-monthly, semi-annual, or annual. Payments for such subscriptions will be charged to your Apple ID account upon confirmation of the purchase. Subscriptions will automatically renew for the same price and duration period as the original subscription package chosen by you, unless you turn off auto-renewal at least 24-hours before the end of the current subscription period (in accordance with Apple App Store rules). Your account will be charged for renewal within 24-hours prior to the end of the current subscription period at the cost of the chosen package. You may manage subscriptions and turn off auto-renewal by going to your Apple ID account settings after the purchase. You can cancel the subscription at any time, and the cancellation will take effect after the last day of the current subscription period. Certain of our subscription services may be offered on a free trial basis for a specified period of time. You may cancel a subscription during its free trial period via your Apple ID subscription settings; this must be done 24 hours before the end of the free trial period, otherwise it will be renewed as a paid subscription.

Our Services are comprised of works and intellectual property owned by us and/or our licensors, including, without limitation, artwork, graphics, images, screen shots, text, sound, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”).

Under the Terms, we grant you a non-exclusive, personal, limited, revocable and non-transferable license to use our Services on your iOS device, provided you agree to comply with the Terms. The Content in our Services is for your non-commercial personal use and enjoyment. Any other use, including modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without our prior written permission, is strictly prohibited.

You are not granted any other right, title or interest in our Services or any Content except as expressly provided herein. All other rights are reserved.

Notwithstanding the Terms, open source software incorporated into the App is licensed to you subject to the terms and conditions of the respective software license agreements accompanying such open source software.

IF YOU HAVE BEEN FOUND IN VIOLATION OF THE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND AT ANY TIME, TO LIMIT, SUSPEND, MODIFY OR TERMINATE YOUR ACCESS TO SERVICES OR ANY PORTION THEREOF. IF THIS HAPPENS, WE ARE NOT REQUIRED TO COMPENSATE YOU FOR ANY LOSSES OR DAMAGES. IN ADDITION, YOU MAY BE FOUND TO BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, INCLUDING OUR INTELLECTUAL PROPERTY RIGHTS.

User Generated Content ​

On certain areas of the App, you may be able to submit texts, images, photos, videos, sounds, and other materials and content (“User Generated Content” or “UGC”). Your posting of UGC is subject to the Terms and the following posting rules (“Posting Rules”):

A. You agree that your UGC is:

  • Accurate;
  • Not confidential;
  • Not in violation of applicable law;
  • Not in violation of contractual restrictions or third-party rights, and that you have permission to use content from any other party whose personal information or intellectual property is contained in the UGC;
  • Not abusive, harmful, libelous, profane, obscene or otherwise objectionable;
  • Not for commercial purposes or business solicitations; and
  • Free of viruses, corrupting files, cheat software, worms or other malicious code.

B. Responsibility of Postings You understand and acknowledge that UGC is solely your responsibility, and that we are not responsible for the information, data, text or other materials contained in UGC. Opinions expressed in UGC do not necessarily reflect the opinions of us. UGC is not necessarily reviewed by us prior to posting and we make no warranties, express or implied, as to the UGC or the accuracy and reliability of the UGC.

C. No Monitoring/Violation Notices You acknowledge that we do not necessarily monitor any materials posted or communicated within the App. Notwithstanding the foregoing, you further agree that we and our designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any UGC that is available via the App.

YOU UNDERSTAND AND AGREE THAT WE MAY DELETE ALL UGC AT ANY TIME, AND WITHOUT NOTICE, IF WE DEEM THAT YOU MATERIALLY BREACH THESE POSTING RULES, THE TERMS, APPLICABLE LAW, OR FOR ANY OTHER LEGITIMATE REASON. WE ASSUME NO LIABILITY FOR ANY INFORMATION REMOVED FROM OUR APP AND RESERVE THE RIGHT TO PERMANENTLY RESTRICT YOUR ACCESS TO SERVICES.

After posting your UGC to the App, you continue to retain all ownership rights in such UGC, and you continue to have the right to use your UGC in any way you choose, subject to the Terms and the license described herein (“UGC License”).

A. Scope of License By displaying, publishing, or otherwise posting any UGC on or through the App, you hereby grant to us a non-exclusive, irrevocable, worldwide, royalty-free license to edit, adapt, publish, reproduce, distribute, publicly display and use your UGC and any derivative works we may create from it, in any and all media (whether existing now or in the future), for any legitimate purpose, in perpetuity, without any payment to you.

B. Representations You represent and warrant that: (i) you solely own the UGC displayed, published or posted by you on the App or otherwise have the right to grant the license set forth herein; and (ii) the displaying, publishing or posting of your UGC does not infringe on the rights of any third party, including any copyright, trademark, patent, trade secret or other intellectual property right, or the privacy rights, publicity rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any UGC displayed, published or posted by you to the App. Except for your own UGC, you may not edit, adapt, publish, reproduce, distribute, publicly display or use any UGC appearing on the App.

If you believe that your intellectual property rights have been infringed by UGC on the App, you may contact us by emailing the following information: (a) a description of the intellectual property rights and an explanation of how they have been infringed; (b) a description of where the infringing material is located on the App; (c) your physical address and email address; (d) a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of the material in which you own intellectual property rights is not authorized by the copyright owner, its agent, or the law; and (ii) the information you are providing is accurate, correct, and that you are the owner of the intellectual property right, or authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed; and (e) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right that has allegedly been infringed.

Our App may feature advertisements from third-party companies. Please review our Privacy Policy which explains what information we share with advertisers. We are not responsible for the availability of such third-party websites or resources, and we are not responsible or liable for any content, advertising, or services they provide.

Any content, advertising or services provided by such third parties are governed by the third party’s terms of service and privacy policies. Where applicable, you must review and accept the third party’s terms of service and privacy policies before using their services. Any separate charges or obligations you incur in dealings with these third parties are your sole responsibility. We are not liable for any claim relating to any content, goods or services of third parties.

Indemnification ​

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND LICENSORS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, SUITS, LOSSES, LIABILITIES, DAMAGES, COSTS AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING OUT OF OR RESULTING FROM: (i) YOUR USE OF THE SERVICES; (ii) ANY BREACH BY YOU OF THESE TERMS; OR (iii) ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY USING YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON OR ENTITY.

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. YOU USE THE SERVICES AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE (ON BEHALF OF OURSELVES, OUR AFFILIATES, LICENSORS, AND APPLE INC.) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE; (iii) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (iv) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, LOSS OF DATA, OR OTHER LOSSES ARISING FROM: (i) YOUR USE OF THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR DEVICE; OR (iii) ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT ON THE APP.

Limitations of Liability ​

UNDER NO CIRCUMSTANCES WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Waiver of Our Rights ​

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision shall be effective only if in writing and signed by an authorized representative of us.

Terms, Termination and Survival ​

A. Term ​

These Terms commence on the date you first accept them (by downloading, installing, or using the App) and continue in effect until terminated in accordance with these Terms.

B. Termination by You ​

You may cease using the App and Services at any time. Your cessation of use or request to terminate access to the App shall not entitle you to a refund of any fees paid (except as required by applicable law or Apple App Store policies). You are responsible for any charges incurred to third-party vendors (including Apple) before your cancellation.

C. Termination by Us ​

We may terminate or suspend your access to the App or Services at any time, with or without notice, if: (i) we cease providing the Services to iOS users generally for business or operational reasons; or (ii) you breach any provision of these Terms (including our Privacy Policy or Posting Rules).

D. Survival of Terms ​

All provisions of these Terms relating to privacy, intellectual property rights, warranty disclaimers, limitations of liability, indemnification, governing law, severability, waiver of rights, and dispute resolution shall survive the termination of these Terms.

Disclaimer of Warranty ​

No Guarantees ​

We provide the MyFoodTracker App “as is” and make no guarantees regarding the results of using the App. We are not responsible for any claims, damages, or losses arising from your use of the App.

Medical Advice ​

The App is not a substitute for professional medical advice, diagnosis, or treatment. If you have any medical concerns, consult a qualified healthcare professional.

The health and nutrition data you input or sync with the App (e.g., food intake, calorie tracking, nutritional logs) is used solely to provide you with general wellness insights and self-management tools. Important: Our App is not a medical device. The data and insights we provide are for informational and self-education purposes only and are not intended for diagnosis, treatment, cure, mitigation, or prevention of any disease or condition. We do not provide medical advice. Always consult with a qualified healthcare professional for medical concerns related to diet, nutrition, or health.

Dispute Resolution ​

Most concerns can be resolved quickly by contacting us via email (contact details below).

In the unlikely event that we cannot resolve your concern and you wish to bring legal action against us, any dispute arising out of or relating to these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of the United States of America (or the applicable jurisdiction required by Apple Inc. for App Store developers).

Force Majeure ​

Neither you nor we shall be liable for any failure to perform any obligation under these Terms if such failure is caused by an unforeseen event beyond our reasonable control, including, without limitation, war, terrorism, riots, embargoes, Internet outages, network infrastructure failures, natural disasters, fire, flood, or acts of God.

Miscellaneous Terms ​

Entire Agreement ​

These Terms (including our Privacy Policy) constitute the entire agreement between you and us regarding your use of the MyFoodTracker App and supersede all prior understandings or agreements, whether written or oral.

Assignment ​

We may assign, subcontract, or transfer these Terms to a third party or affiliate at any time, in our sole discretion, for business reasons (including reorganization or change of control). You may not assign or transfer your rights or obligations under these Terms to any third party without our prior written consent. Any attempt to do so without consent is void.

No Beneficiaries ​

These Terms govern only the relationship between you and us and do not create any third-party beneficiary rights, except as expressly provided in Section 18.E (Apple Device Users).

No Partnership ​

These Terms do not create a partnership, joint venture, agency, or employer-employee relationship between you and us. Neither party has the authority to bind the other party to any agreement or obligation.

Notice for Apple Device Users ​

If you download, install, or access the App through an Apple iOS device, you specifically acknowledge and agree that the following additional terms apply (in the event of a conflict between these terms and other provisions of these Terms, these terms shall prevail):

  • These Terms are concluded between you and us only; Apple Inc. (“Apple”) is not a party to these Terms and is not responsible for the App or its content.
  • Apple has no obligation to provide maintenance or support services for the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession/use of the App, including (but not limited to): (a) product liability claims; (b) claims that the App fails to comply with applicable legal or regulatory requirements; and (c) claims arising under consumer protection, privacy, or similar legislation.
  • Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App or your possession/use of the App infringes any third party’s intellectual property rights.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
  • We authorize the use of the App by multiple users through Apple’s Family Sharing functionality, in accordance with Apple’s terms and conditions for Family Sharing.

Contact Us ​

You may contact us at: myfoodtracker.offical@outlook.com