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Terms of Service

Effective Date: 2025-01-17

1. Acceptance of Terms

By downloading, installing, or using the “Fooddiary AI” mobile application (“App”), you agree to be bound by these Terms of Service (the “Terms”). If you do not agree with any part of the Terms, you must not use the App.

2. Legal Entity and Contact Information

These Terms are between you (“you” or “user”) and Vitahealth LTD (“we,” “us,” “our”), with the following address: TBD

If you have any questions, please contact us at: [email protected]

3. Eligibility

You must be at least 16 years old to use this App. By using the App, you represent and warrant that:

  • You are at least 16 years of age.
  • You have the right, authority, and capacity to agree to these Terms.
  • All information you provide is accurate, current, and complete.

4. Use of the Service

  • Account Registration: You may need to create an account by providing personal details such as your email address and password. You are responsible for maintaining the confidentiality of your login credentials.
  • Health and Nutritional Information: Any health or nutritional information provided by the App is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider before making significant changes to your diet or exercise routine.
  • Updates and Changes: We may update or change the App’s features and functionalities at any time. We are not liable for any disruptions or losses that may result from these updates.

5. User Conduct

You agree not to engage in any of the following prohibited activities:

  • Using the App for any unlawful purpose, including activities that violate any applicable laws or regulations.
  • Attempting to interfere with or disrupt the App’s operation or security.
  • Posting or transmitting any content that is fraudulent, defamatory, obscene, or otherwise objectionable.
  • Reverse engineering or decompiling any part of the App, unless permitted by applicable law.

6. Intellectual Property Rights

  • Ownership: The App and its original content, features, and functionality are and will remain the exclusive property of Vitahealth LTD.
  • License to You: Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

7. Subscription and Payments

  1. Subscription Plans: Some features or content may require a paid subscription. By subscribing, you agree to pay all applicable fees.
  2. Billing Cycle: Your subscription fees will be billed at the start of the applicable subscription period.
  3. Refunds: All sales are final, and we do not offer refunds except as required by law or as stated in our refund policy.

9. Disclaimer of Warranties

  • AS IS Basis: The App is provided on an “AS IS” and “AS AVAILABLE” basis. We disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
  • No Guarantee: We make no guarantees that the App will be error-free, secure, or uninterrupted.

10. Limitation of Liability

To the fullest extent permitted by law, Vitahealth LTD and its directors, officers, employees, or agents shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of your access to or use of the App.

11. Indemnification

You agree to defend, indemnify, and hold harmless Vitahealth LTD and its affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the App or violation of these Terms.

12. Governing Law and Dispute Resolution

These Terms and any disputes related to them will be governed by and construed in accordance with the laws of Malta, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Malta, and you consent to the jurisdiction of such courts.

13. Changes to the Terms

We may update these Terms from time to time. If we make significant changes, we will notify you via the App or by other means. Your continued use of the App after any changes have been posted indicates your acceptance of the new Terms.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and Vitahealth LTD regarding the App and supersede any prior agreements or understandings regarding the same.

16. Contact Us

If you have any questions about these Terms, please contact us at: [email protected]