1Agreement to Terms
1.1These Terms of Service ("Terms") form a legally binding agreement between you and EatKite ("EatKite", "we", "us" or "our").
1.2By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Service.
1.3These Terms apply to all visitors, users, reviewers and anyone else who accesses or uses the Service.
2Description of the Service
2.1"Service" means the EatKite mobile application, website, OAuth login pages and any related features or content we provide.
2.2The Service provides:
- Calorie and nutrition tracking
- Food logging and meal planning
- AI-powered food recognition from photos
- Personalised dietary insights and recommendations
- Progress tracking toward health goals
2.3We may modify, suspend or discontinue any part of the Service at any time. Where a change materially affects paid features, we will give you reasonable advance notice where practicable.
3Eligibility and Account Registration
3.1You must be at least 13 years old to create an account. If you are under 18 (or the age of majority where you live), you may use the Service only with the consent and supervision of a parent or legal guardian.
3.2Some features require an account. When you create one, you agree to:
- Provide accurate, current and complete information
- Keep your information up to date
- Keep your password and login credentials secure
- Accept responsibility for all activity under your account
- Notify us immediately at [email protected] of any unauthorised use
3.3We may refuse service or suspend or close accounts in accordance with Section 16 (Termination).
4Acceptable Use
4.1You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service in any way that violates applicable laws or regulations
- Upload or transmit harmful, offensive, unlawful or inappropriate content
- Impersonate, or attempt to impersonate, any person or entity
- Engage in conduct that restricts or prevents others from using the Service
- Use bots, scrapers, spiders or other automated means to access the Service
- Introduce viruses, malware or other malicious code
- Attempt to gain unauthorised access to any part of the Service, its servers or related systems
- Collect or harvest information about other users without their consent
- Use the Service for commercial purposes without our prior written permission
5User Content
5.1"User Content" means any content you submit to the Service, including food photos, meal logs and comments.
5.2You retain ownership of your User Content. By submitting it, you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify and process it solely to operate, provide and improve the Service.
5.3You confirm that you have the right to submit your User Content and that it does not infringe any third party's rights.
5.4We may remove any User Content that violates these Terms or that we reasonably consider objectionable.
6Health and Medical Disclaimer
6.1EatKite is not a substitute for professional medical advice, diagnosis or treatment. The Service provides general information about nutrition and calorie tracking only.
6.2Nutrition estimates, AI outputs, search results and food recognition may be incomplete or inaccurate. We make no warranty about the accuracy or completeness of any nutritional information provided.
6.3You should:
- Consult a qualified healthcare professional before making significant dietary changes
- Not rely solely on EatKite for medical or health advice
- Seek prompt medical attention if you have a health concern
- Understand that nutritional needs vary from person to person
6.4Do not use the Service for emergency care, diagnosis, treatment or clinical decision-making. In a medical emergency, contact your local emergency services immediately.
7Subscriptions, Payments and Refunds
7.1Paid features. Some features require a paid subscription. By subscribing, you authorise us (or our payment provider or app store) to charge your chosen payment method.
7.2Automatic renewal. Subscriptions renew automatically at the end of each billing period unless cancelled.
7.3Free trials. A free trial converts automatically to a paid subscription unless you cancel before the trial ends.
7.4Cancellation. You may cancel at any time through your account settings, through the app store you subscribed with, or by emailing [email protected] from your registered email address. To avoid the next charge, you must cancel at least 24 hours before the scheduled renewal date. Cancellation takes effect at the end of the current billing period.
7.5Refunds. Payments are non-refundable once a charge has been processed, except where required by applicable law. Purchases made through the Apple App Store or Google Play are also subject to that store's refund policy, and refund requests for them must be made to the store.
8Price Changes
8.1We may change our prices. Any change will be shown in the app or on our website, and we will notify existing subscribers before the new price applies to their next renewal.
8.2If a price is reduced, you are not entitled to a refund of the difference for any period already paid.
9Communications
9.1We may send you transactional emails related to your account and the Service, such as changes to these Terms, subscription or licence expiry notices, receipts and other messages about your purchases. These are part of the Service and are not marketing messages.
10Intellectual Property
10.1The Service and its original content (excluding User Content), features and functionality are owned by EatKite and protected by copyright, trademark and other intellectual property laws.
10.2You must not:
- Copy, modify or distribute our content without our permission
- Use our trademarks, logos or brand features without our prior written consent
- Reverse engineer, decompile or attempt to extract the source code of the Service
- Create derivative works based on the Service
11Privacy
11.1Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use and protect your information, including health and nutrition data. By using the Service, you acknowledge that you have read the Privacy Policy.
12Third-Party Services
12.1The Service may contain links to, or integrations with, third-party websites or services that we do not own or control. We are not responsible for their content, privacy policies or practices. Your use of them is at your own risk and subject to their terms.
13Disclaimer of Warranties
13.1THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OR RELIABILITY OF INFORMATION.
13.2WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
14Limitation of Liability
14.1You waive and shall not assert any claims or allegations of any nature whatsoever against eatkite.com, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Released Parties") arising out of or in any way relating to your use of the site or its content.
14.2This includes, without limitation, any claims relating to the alleged infringement of proprietary rights, alleged inaccuracy of content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim arising from your use or other exploitation of the site. EatKite will not be responsible for any damages or claims in any case, use at your own risk.
15Indemnification
15.1You agree to defend, indemnify and hold harmless EatKite, its affiliates, and their respective officers, directors, employees and agents from any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising from:
- Your use of the Service
- Your breach of these Terms
- Your violation of any third-party rights
- Your User Content
16Termination
16.1We may suspend or terminate your account, at our discretion and without prior notice, if you breach these Terms, if your conduct harms other users or the Service, or if required by law.
16.2You may delete your account at any time through your account settings.
16.3On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including Sections 5, 6, 10, 13, 14, 15 and 17) will survive.
17Changes to These Terms
17.1We may update these Terms over time. If we make material changes, we will:
- Post the updated Terms on this page
- Update the "Last Updated" date at the top
- Notify registered users by email
17.2Your continued use of the Service after the updated Terms take effect means you accept them.
18Severability
18.1If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.
19Entire Agreement
19.1These Terms, together with our Privacy Policy and any subscription terms shown at the point of purchase, form the entire agreement between you and EatKite regarding the Service.
20Acknowledgement
By using EatKite, you acknowledge that you have read, understood and agree to be bound by these Terms of Service.