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Nibble AI - Terms of Service

Last Updated: December 19, 2024

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1. Agreement to Terms

By downloading, installing, or using Nibble AI ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Optiwise ("Company," "we," "us," or "our") regarding your use of the Nibble AI mobile application.

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2. Description of Service

Nibble AI is an AI-powered nutrition tracking application that allows users to:

  • Photograph meals for automatic nutritional analysis

  • Track calories, macronutrients, and micronutrients

  • Scan barcodes for packaged food information

  • Receive AI-generated insights and recommendations

  • Set and monitor nutrition goals

  • Sync data with Apple Health

  • Earn achievements and participate in challenges

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3. Eligibility

You must be at least 13 years of age to use the App. If you are under 18, you represent that you have your parent or guardian's permission to use the App. By using the App, you represent and warrant that you meet these eligibility requirements.

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4. Account Registration

4.1 Account Creation To use the App, you must create an account using Sign in with Apple. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account.

4.2 Account Accuracy You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.3 Account Security You must notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

 

5. Subscription Terms

5.1 Nibble More Subscription The App offers a premium subscription service called "Nibble More" that provides access to enhanced features including:

  • AI-powered meal photo analysis

  • Personalized AI coaching insights

  • Extended nutrition data (micronutrients)

  • Progress charts and analytics

  • Full meal history access

  • Premium widgets

5.2 Subscription Plans We offer the following auto-renewable subscription options:

  • Monthly: $9.99 USD per month

  • Quarterly: $24.99 USD per 3 months

  • Yearly: $79.99 USD per year

Prices may vary by region and are subject to change. Current pricing is always displayed in the App before purchase.

5.3 Free Trial New subscribers may be eligible for a 14-day free trial. If you do not cancel before the trial ends, you will be automatically charged for the selected subscription plan. Trial eligibility is determined at Apple's discretion and is typically available only once per Apple ID.

5.4 Billing and Renewal

  • Subscriptions are billed through your Apple ID account

  • Payment is charged upon confirmation of purchase (or at the end of the free trial)

  • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period

  • Your account will be charged for renewal within 24 hours prior to the end of the current period

  • Renewal prices are the same as the initial subscription price unless we notify you of a price change

5.5 Cancellation You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of your paid period. No refunds are provided for partial subscription periods.

5.6 Managing Your Subscription To manage or cancel your subscription:

  1. Open the Settings app on your device

  2. Tap your name at the top

  3. Tap "Subscriptions"

  4. Select "Nibble AI"

  5. Choose your desired option

 

6. Free Features

Users without a subscription may access limited features including:

  • Manual food search and logging

  • Barcode scanning

  • Streak tracking

  • Achievements

  • 14 days of meal history

 

7. Health and Medical Disclaimer

7.1 Not Medical Advice THE APP IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The nutritional information, calorie counts, macro and micronutrient data, insights, and recommendations provided by the App are for informational and educational purposes only.

7.2 Consult Healthcare Providers Always consult with a qualified healthcare provider, registered dietitian, or physician before:

  • Starting any diet or nutrition program

  • Making significant changes to your eating habits

  • If you have any medical conditions, eating disorders, or health concerns

  • If you are pregnant, nursing, or planning to become pregnant

7.3 Accuracy Limitations While we strive for accuracy, nutritional estimates provided by our AI technology are approximations and may not reflect the exact nutritional content of your meals. Factors such as portion sizes, preparation methods, and ingredient variations can affect actual nutritional values.

7.4 Not a Substitute for Professional Care The App is not a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking it because of something you have read or received through the App.

 

8. AI Technology Disclaimer

8.1 AI Limitations The App uses artificial intelligence to analyze meal photos and provide nutritional estimates. AI technology has inherent limitations and may:

  • Misidentify foods or ingredients

  • Provide inaccurate portion size estimates

  • Miss hidden ingredients or preparation methods

  • Generate incorrect nutritional calculations

8.2 User Responsibility You are responsible for reviewing and verifying all AI-generated nutritional information. The App provides editing capabilities for you to correct any inaccuracies before saving meal data.

8.3 No Guarantee of Accuracy We do not guarantee the accuracy, completeness, or reliability of any AI-generated content, including nutritional analyses, insights, or recommendations.

 

9. User Content

9.1 Your Content You retain ownership of any content you submit through the App, including meal photos and personal data.

9.2 License Grant By submitting content to the App, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store your content solely for the purpose of providing and improving our services.

9.3 Photo Processing Meal photos are processed by our AI systems for nutritional analysis. Photos are not stored on our servers after analysis is complete unless required to provide the service (such as meal thumbnails in your history).

9.4 Content Standards You agree not to submit content that:

  • Is illegal, harmful, or offensive

  • Infringes on any third party's rights

  • Contains malware or harmful code

  • Violates any applicable laws or regulations

 

10. Intellectual Property

10.1 Our Property The App, including its design, features, content, and underlying technology, is owned by Optiwise and is protected by copyright, trademark, and other intellectual property laws.

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

10.3 Restrictions You may not:

  • Copy, modify, or distribute the App

  • Reverse engineer or attempt to extract the source code

  • Use the App for any commercial purpose without our written consent

  • Remove any copyright or proprietary notices

 

11. Prohibited Uses

You agree not to use the App to:

  • Violate any laws or regulations

  • Infringe on the rights of others

  • Transmit harmful or malicious content

  • Attempt to gain unauthorized access to our systems

  • Interfere with or disrupt the App's functionality

  • Use automated means to access the App without permission

  • Collect or harvest user data without authorization

 

12. Third-Party Services

12.1 Apple Health The App may integrate with Apple Health to sync nutritional data. Your use of Apple Health is governed by Apple's terms and privacy policies.

12.2 Third-Party Data The App may use third-party databases (such as USDA FoodData Central and Open Food Facts) for nutritional information. We are not responsible for the accuracy of third-party data.

 

13. Termination

13.1 By You You may terminate your account at any time by deleting your account through the App settings or by contacting us.

13.2 By Us We may suspend or terminate your access to the App at any time, with or without cause, with or without notice. Reasons for termination may include violation of these Terms or any applicable laws.

13.3 Effect of Termination Upon termination, your right to use the App ceases immediately. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.

 

14. Disclaimers

14.1 "As Is" Basis THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14.2 No Warranty We do not warrant that:

  • The App will be uninterrupted, error-free, or secure

  • Any defects will be corrected

  • The App or servers are free of viruses or harmful components

  • The results obtained from the App will be accurate or reliable

 

15. Limitation of Liability

15.1 Exclusion of Damages TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPTIWISE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.

15.2 Liability Cap OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

15.3 Essential Purpose Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

 

16. Indemnification

You agree to indemnify, defend, and hold harmless Optiwise and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

  • Your use of the App

  • Your violation of these Terms

  • Your violation of any rights of a third party

  • Your violation of any applicable laws

17. Governing Law and Dispute Resolution

17.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

17.2 Dispute Resolution Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in California, and the arbitrator's decision shall be final and binding.

17.3 Class Action Waiver You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

  • Posting the updated Terms in the App

  • Updating the "Last Updated" date

  • Sending a notification through the App (for significant changes)

Your continued use of the App after changes become effective constitutes your acceptance of the revised Terms.

19. General Provisions

19.1 Entire Agreement These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

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

19.3 Waiver Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

19.4 Assignment You may not assign or transfer these Terms or your rights under them without our written consent. We may assign our rights and obligations without restriction.

20. Contact Information

If you have any questions about these Terms, please contact us at:

Optiwise Email: support@optiwise.us Website: https://www.optiwise.us

Apple-Required Subscription Information

Nibble More Subscription

  • Title: Nibble More

  • Subscription Lengths: Monthly (1 month), Quarterly (3 months), Yearly (12 months)

  • Prices: Monthly $9.99/month, Quarterly $24.99/3 months, Yearly $79.99/year

  • Free Trial: 14-day free trial for eligible new subscribers

  • Payment: Charged to your Apple ID account

  • Renewal: Auto-renews unless canceled 24+ hours before period ends

  • Management: Manage subscriptions in iOS Settings > [Your Name] > Subscriptions

Links:

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