Terms of Use

1. Introduction and Acceptance

These Terms of Use ("Terms") govern your access to and use of the FodPal mobile application and related services (collectively, the "Services"), provided by FodPal ("we," "our," or "us").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not use the Services.

Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the app
• Displaying an in-app notification

Changes become effective after posting. Your continued use of the Services after changes become effective indicates your acceptance of the modified Terms.

2. Eligibility and Account Requirements

Age Requirements

IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT USE THE SERVICES.

If you are under 18 years of age, you represent that you have permission from your parent or legal guardian to use the Services.

Account Registration

To use the Services, you must:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

3. The Services

FodPal provides a mobile platform for tracking, analyzing, and managing food intake in relation to FODMAP (Fermentable Oligosaccharides, Disaccharides, Monosaccharides, and Polyols) sensitivity. Our Services include:

• Food tracking and logging
• AI-powered FODMAP analysis
• Photo recognition of food items
• Personalized dietary recommendations
• Symptom tracking
• Progress analytics and reports

4. User Responsibilities and Conduct

When using the Services, you agree to:

• Provide Accurate Information: Submit truthful and accurate data
• Use Services Appropriately: Use the Services only for their intended purpose
• Respect Others: Do not harass, abuse, or harm other users
• Protect Your Account: Keep your login credentials secure
• Comply with Laws: Follow all applicable laws and regulations

Prohibited Activities

You may NOT:

• Reverse engineer, decompile, or disassemble the Services
• Use automated systems (bots, scrapers) to access the Services
• Attempt to gain unauthorized access to our systems
• Upload viruses, malware, or harmful code
• Impersonate others or misrepresent your identity
• Use the Services for illegal purposes
• Share your account with others
• Collect or harvest user information
• Interfere with or disrupt the Services

5. User Content and Data

Your Content

You retain ownership of all content you submit to the Services ("User Content"), including:

• Food logs and diary entries
• Photos and images
• Health tracking data
• Notes and comments

License to FodPal

By submitting User Content, you grant FodPal a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your content
• Use AI and machine learning to analyze your content
• Provide you with personalized recommendations
• Improve and develop the Services
• Create anonymized and aggregated data for research and analytics

Content Standards

Your User Content must not:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Contain false or misleading information
• Be offensive, threatening, or harmful
• Contain private information of others

6. Intellectual Property Rights

Our Rights

All rights, title, and interest in the Services, including all content, features, and functionality, are owned by FodPal and protected by copyright, trademark, and other intellectual property laws.

The FodPal name, logo, and all related names, logos, and slogans are trademarks of FodPal. You may not use these marks without our prior written permission.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes, subject to these Terms.

7. Third-Party Services and Links

The Services may integrate with or contain links to third-party services, including:

• AI processing
• Analytics services
• Payment processors

We are not responsible for third-party services, their content, or their privacy practices. Your use of third-party services is subject to their own terms and policies.

8. Payment and Subscriptions

Pricing

Certain features of the Services may require payment. All fees are in US Dollars (USD) unless otherwise stated.

Subscriptions

If you purchase a subscription:

• Your subscription will automatically renew unless canceled
• You will be charged at the beginning of each billing period
• You can cancel anytime through your account settings
• Cancellations take effect at the end of the current billing period
• No refunds for partial periods

Payment Methods

We use third-party payment processors. By providing payment information, you represent that you are authorized to use that payment method.

9. Termination

Our Right to Terminate

We may suspend or terminate your access to the Services at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Harm to other users or the Services
• Any other reason at our sole discretion

Effects of Termination

Upon termination:

• Your right to use the Services immediately ceases
• We may delete your account and User Content
• You remain liable for any outstanding fees
• Sections of these Terms that should survive will continue to apply

10. Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We specifically disclaim all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or completeness of content
• Uninterrupted or error-free operation

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FodPal SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for all claims arising from your use of the Services shall not exceed the greater of: (a) the amount you paid to us in the 12 months before the claim arose, or (b) $100 USD.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some limitations may not apply to you.

12. Indemnification

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

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another person or entity

13. Dispute Resolution and Arbitration

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@focuseed.com. We will attempt to resolve the dispute informally within 60 days.

Binding Arbitration

If we cannot resolve the dispute informally, any dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

Arbitration Procedures

• Arbitration will be conducted by the American Arbitration Association (AAA)
• Arbitration will take place in San Francisco, California, USA
• The arbitrator's decision will be final and binding
• You may opt out of arbitration within 30 days of accepting these Terms

14. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of California, United States, without regard to its conflict of law provisions.

Any legal action related to these Terms must be filed in the state or federal courts located in San Francisco, California.

15. Notice for iOS Users

If you access the Services through an iOS device:

• These Terms are between you and FodPal, not Apple Inc.
• Apple is not responsible for the Services or any claims related to them
• Apple has no obligation to provide support for the Services
• Apple is a third-party beneficiary of these Terms and may enforce them

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FodPal regarding the Services.

Severability

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

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our consent. We may assign these Terms without restriction.

No Agency

No agency, partnership, joint venture, or employment relationship is created between you and FodPal as a result of these Terms or your use of the Services.

17. Contact Information