Last Updated: January 2025
Effective Date: January 2025
Website: www.dailybitesai.com

1. Acceptance of Terms

By downloading, installing, accessing, or using the Daily Bites AI mobile application ("App"), website, or related services ("Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Daily Bites AI ("we," "us," or "our"). If you do not agree to these Terms, do not download, install, or use the Service. These Terms apply to all users of the Service across all platforms including iOS, Android, and web.

2. Eligibility and Account Requirements

2.1 Age Requirements

You must be at least 13 years old to use this Service. Users under 18 require parental or guardian consent, and parents/guardians are responsible for minors' use of the Service.

2.2 Account Creation and Security

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts with false information.

3. Description of Service

3.1 Core Features

Daily Bites AI provides nutrition tracking and meal logging, AI-powered food recognition and analysis, personalized meal recommendations, health and fitness tracking integration, progress monitoring and insights, and premium features through subscription.

3.2 Medical Disclaimer

IMPORTANT: This App is for informational and educational purposes only and is not intended to diagnose, treat, cure, or prevent any disease or medical condition, replace professional medical advice, diagnosis, or treatment, or provide medical or healthcare services. Always consult with qualified healthcare professionals before making medical decisions or changes to your diet, exercise, or health regimen.

4. Privacy and Data Protection

4.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy, available at www.dailybitesai.com/privacy-policy, explains what information we collect and how we use it, how we protect your personal and health data, your rights and choices regarding your information, and our compliance with applicable privacy laws.

4.2 Health Data Protection

Health and fitness data receives the highest level of security protection. Health data is never used for advertising, marketing, or data mining purposes. You control health data sharing through device settings and app preferences, and we comply with applicable health data protection regulations.

5. Subscription and Payment Terms

5.1 Premium Subscription

Some features require a paid subscription ("Premium"). Subscription fees are charged through your App Store (iOS) or Google Play (Android) account, and prices are displayed in your local currency and may include applicable taxes.

5.2 Auto-Renewal and Cancellation

Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends. You can manage or cancel subscriptions through your App Store or Google Play account settings, and cancellation takes effect at the end of the current billing period.

5.3 Refunds

Refund requests are handled according to App Store and Google Play Store policies. We do not provide direct refunds for subscriptions purchased through app stores. Contact the respective app store for refund requests.

5.4 Price Changes

We may change subscription prices with advance notice. Price changes affect new subscriptions and renewals after the notice period, and you may cancel your subscription if you disagree with price changes.

6. User Conduct and Prohibited Activities

6.1 Acceptable Use

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

6.2 Prohibited Activities

You may not use the Service for any illegal or unauthorized purpose, violate any applicable laws or regulations, infringe upon intellectual property rights, distribute harmful, offensive, or inappropriate content, attempt to gain unauthorized access to our systems or other users' accounts, interfere with or disrupt the Service or servers, share false, misleading, or dangerous health information, use automated systems to access the Service without permission, or reverse engineer, decompile, or disassemble the App.

6.3 User-Generated Content

You retain ownership of content you create using the Service. You grant us a license to use your content for service provision and improvement. You are responsible for the accuracy and legality of your content, and we may remove content that violates these Terms.

7. Intellectual Property Rights

7.1 Our Rights

The Service, including all content, features, and functionality, is owned by Daily Bites AI. Our intellectual property is protected by copyright, trademark, and other laws, and you may not copy, modify, distribute, or create derivative works without permission.

7.2 Trademarks

"Daily Bites AI" and related marks are our trademarks. You may not use our trademarks without written permission, and third-party trademarks are the property of their respective owners.

7.3 User License

We grant you a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes in accordance with these Terms.

8. Platform-Specific Terms

8.1 iOS App Store Terms

These Terms are between you and Daily Bites AI, not Apple Inc. Apple is not responsible for the App or any claims, losses, or damages related to it. Apple has no obligation to provide maintenance or support for the App. In case of App failure to conform to warranties, you may notify Apple for a refund. Apple is a third-party beneficiary of these Terms regarding iOS users.

8.2 Google Play Store Terms

These Terms are between you and Daily Bites AI, not Google Inc. Google is not responsible for the App or any claims, losses, or damages related to it. Google has no obligation to provide maintenance or support for the App, and Google is not liable for any damages arising from your use of the App.

8.3 Web Platform

Web access is provided as-is and may have different features than mobile apps. We may restrict or modify web access at any time, and browser compatibility is not guaranteed for all features.

9. Service Availability and Modifications

9.1 Service Availability

We strive to provide continuous service but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues, and we are not liable for any downtime or service interruptions.

9.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service. We may add, remove, or change features with or without notice, and significant changes will be communicated through the App or email.

9.3 Updates and Upgrades

We may release updates to improve functionality, security, or compliance. Some updates may be required for continued use of the Service, and you are responsible for installing available updates.

10. Account Termination

10.1 Termination by You

You may delete your account at any time through app settings. You may contact help@dailybitesai.com for assistance with account deletion. Account deletion will result in loss of all data and cannot be undone.

10.2 Termination by Us

We may suspend or terminate your account if you violate these Terms or our policies, engage in fraudulent or illegal activities, pose a security risk to the Service or other users, or fail to pay applicable fees.

10.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your account data in accordance with our data retention policies, and provisions that should survive termination will remain in effect.

11. Disclaimers and Warranties

11.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR COMPLETENESS OF INFORMATION, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

11.2 Health Information Disclaimer

Nutritional information is for reference purposes only and may not be completely accurate. AI recommendations are suggestions and should not replace professional advice. We do not guarantee the accuracy of food database information, and individual results may vary and are not guaranteed.

11.3 Third-Party Content

We are not responsible for third-party content, links, or services. Third-party integrations are provided as-is without warranties, and we do not endorse third-party products or services.

12. Limitation of Liability

12.1 Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAILY BITES AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR DAMAGES RESULTING FROM RELIANCE ON NUTRITIONAL INFORMATION OR AI RECOMMENDATIONS.

12.2 Maximum Liability

Our total liability for all claims shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

12.3 Jurisdictional Variations

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Daily Bites AI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these Terms, your violation of any rights of another party, or your user-generated content.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

14.2 Dispute Resolution

We encourage resolving disputes through direct communication first. Contact help@dailybitesai.com for dispute resolution assistance. Disputes may be resolved through binding arbitration or courts of competent jurisdiction.

14.3 Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under applicable consumer protection laws.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Daily Bites AI regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

16. Changes to Terms

16.1 Modification Rights

We reserve the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms in the App or on our website.

16.2 Notice of Changes

Material changes will be communicated through the App, email, or website notice. We will provide at least 30 days' notice for significant changes, and continued use of the Service after changes constitutes acceptance.

16.3 Rejection of Changes

If you do not agree to modified Terms, you must stop using the Service and may delete your account.

17. Contact Information

For questions, concerns, or notices regarding these Terms:

Email: help@dailybitesai.com
Legal Notices: legal@dailybitesai.com
Website: www.dailybitesai.com
Privacy Questions: privacy@dailybitesai.com

By using Daily Bites AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: January 2025