Terms of Service

Last updated: December 19, 2024

Important Medical Disclaimer

DAIET IS NOT A MEDICAL DEVICE, MEDICAL SERVICE, OR HEALTHCARE PROVIDER. The information, recommendations, and insights provided by Daiet are for general informational and educational purposes only. They are not intended to diagnose, treat, cure, or prevent any disease or health condition. Always seek the advice of a qualified healthcare professional before making any changes to your diet, exercise routine, medication, or health regimen. Never disregard professional medical advice or delay seeking it because of information provided by this application.

1. Acceptance of Terms

By accessing or using Daiet ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Daiet ("we," "us," or "our"). We reserve the right to modify these Terms at any time. Your continued use of the Service following any changes indicates your acceptance of the modified Terms.

2. Description of Service

Daiet is a health and wellness tracking application that allows users to:

  • Log dietary intake through camera capture, photo library, or manual entry
  • Track exercise, sleep, and other lifestyle habits
  • Set and monitor health and wellness goals
  • Receive AI-generated insights and recommendations based on logged data

The Service uses artificial intelligence to analyze your data and provide personalized suggestions. These features are tools to support your personal wellness journey and are not substitutes for professional medical care.

3. Medical and Health Disclaimer

3.1 Not Medical Advice

THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE. All content, including but not limited to text, graphics, images, AI-generated recommendations, nutritional information, and other material contained in the Service is for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

3.2 No Doctor-Patient Relationship

Use of the Service does not create a doctor-patient, therapist-patient, or any other healthcare provider relationship between you and Daiet. We are not a healthcare provider, and the Service is not a medical device regulated by any health authority.

3.3 Consult Healthcare Professionals

You should always consult with a qualified healthcare professional before:

  • Starting any new diet, exercise program, or wellness regimen
  • Making changes to any existing medical treatment
  • Using the Service if you have any medical conditions, including but not limited to eating disorders, diabetes, cardiovascular conditions, or mental health conditions
  • Acting on any information or recommendations provided by the Service

3.4 Health Conditions and Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. Do not rely on the Service for emergency medical situations. The Service is not designed to address acute medical conditions or emergencies.

3.5 Accuracy of Information

While we strive to provide accurate nutritional and health information, the AI-powered analysis may contain errors. Nutritional data derived from food images may not be precise. You acknowledge that:

  • AI-generated nutritional estimates are approximations and may vary from actual values
  • The Service may not account for all ingredients, preparation methods, or portion sizes
  • Recommendations are based on general wellness principles and may not be appropriate for your specific situation
  • You are responsible for verifying any critical nutritional or health information

4. Eligibility and Account Registration

You must be at least 13 years old (or 16 in certain jurisdictions) to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. User Responsibilities

By using the Service, you agree to:

  • Provide accurate and complete information when using the Service
  • Use the Service only for lawful purposes and in accordance with these Terms
  • Not use the Service as a substitute for professional medical care
  • Consult healthcare professionals before making health-related decisions
  • Not upload content that infringes on any third party's rights
  • Not attempt to reverse engineer, decompile, or hack the Service
  • Not use the Service to harm yourself or others
  • Take personal responsibility for your health decisions

6. Intellectual Property

The Service, including all content, features, and functionality (including but not limited to software, text, graphics, logos, and AI algorithms), is owned by Daiet and is protected by international copyright, trademark, and other intellectual property laws.

You retain ownership of content you upload to the Service. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and analyze such content to provide and improve the Service.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Service will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy, reliability, or completeness of any information provided
  • Warranties that the Service will meet your specific health or wellness goals
  • Warranties regarding the results of using the Service

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAIET, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Personal injury or health issues resulting from your use of or inability to use the Service
  • Any health decisions made based on information provided by the Service
  • Unauthorized access to or alteration of your data
  • Any third-party conduct or content on the Service
  • Any errors, inaccuracies, or omissions in the nutritional or health information provided

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. In any case, our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Daiet, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service, your health decisions or actions based on the Service, or your violation of any rights of a third party.

10. Third-Party Services

The Service may integrate with or contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those services.

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us or using the account deletion feature in the app. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Arbitration Agreement: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by [Arbitration Organization] in accordance with its rules. The arbitration shall be conducted in [Location], and the language shall be English. The arbitrator's decision shall be final and binding.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the fullest extent permitted by law, (a) no arbitration or proceeding shall be joined with any other, (b) there is no right or authority for any dispute to be arbitrated on a class-action basis, and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

13. International Users

The Service is operated from [Your Country]. If you access the Service from outside this jurisdiction, you do so at your own risk and are responsible for compliance with local laws. We make no representations that the Service is appropriate or available for use in any particular location.

14. Regulatory Compliance

Daiet is a general wellness application and is not intended to be a medical device as defined by the U.S. Food and Drug Administration (FDA), European Medicines Agency (EMA), or other regulatory authorities. The Service:

  • Does not claim to diagnose, treat, cure, or prevent any disease
  • Does not claim to be compliant with medical device regulations (such as FDA 510(k), CE marking, or equivalent)
  • Is not intended to be used for clinical decision-making
  • Is not a substitute for professional medical devices or services

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Daiet regarding the Service and supersede all prior agreements and understandings, whether written or oral.

17. Contact Information

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

Email: legal@daiet.app
Address: [Your Business Address]

Acknowledgment: By using Daiet, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You further acknowledge that you understand the Service is not a medical device, does not provide medical advice, and that you will consult with qualified healthcare professionals before making any health-related decisions.