Terms of Use – Foodia

Please read these Terms of Use ("Terms") carefully before using the Foodia mobile application (the "App"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

Foodia is operated by an independent developer based in Madrid, Spain ("we", "us", or "our"). Contact: foodiahealthy@gmail.com

1. Acceptance of Terms

By accessing or using Foodia, you confirm that you are at least 13 years old (or 16 in the European Union), that you have read and understood these Terms, and that you agree to be bound by them. If you are using the App on behalf of a minor, you accept these Terms on their behalf.

2. Description of the App

Foodia is a personal nutrition and fitness tracking application that allows users to:

Log food intake manually, via AI photo analysis, or barcode scanning.
Track exercise activity and water intake.
View nutritional history, progress charts, and personalized insights.
Interact with an AI-powered nutrition assistant.
Export personal data as PDF reports.

The App is available in a free version (with advertisements) and a paid subscription tier (Foodia Pro).

3. User Account

Foodia does not require account registration. All personal data (food diary, exercise logs, profile details) is stored locally on your device. You are solely responsible for maintaining the security of your device and the data stored on it. We do not have access to your locally stored data and cannot recover it if it is lost, deleted, or your device is replaced.

4. Foodia Pro Subscription

4.1 Subscription Plans

Foodia Pro is available as a monthly or annual subscription, processed through Apple App Store (StoreKit). By subscribing, you agree to Apple's payment terms in addition to these Terms.

4.2 Free Trial

If a free trial is offered, it will be clearly indicated at the time of subscription. At the end of the trial period, you will be automatically charged unless you cancel before the trial expires.

4.3 Cancellation and Refunds

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 continue to have access to Foodia Pro features until then. Refunds are handled by Apple in accordance with their refund policy. We do not issue refunds directly.

4.4 Price Changes

We reserve the right to change subscription prices. We will notify you in advance of any price change. Continued use of Foodia Pro after the price change constitutes acceptance of the new price.

5. AI Features and Accuracy Disclaimer

Foodia uses artificial intelligence (powered by Google Gemini) to analyze food photos, interpret text descriptions, and respond to nutritional questions. AI-generated nutritional estimates are approximations only and may not be accurate. The AI assistant does not provide medical, dietary, or clinical advice. Results should not be used as a substitute for professional medical or nutritional guidance. Always consult a qualified healthcare professional before making significant changes to your diet or exercise routine.

6. Acceptable Use

You agree to use Foodia only for lawful, personal, non-commercial purposes. You must not:

Attempt to reverse engineer, decompile, or modify any part of the App.
Use the App to transmit harmful, offensive, or illegal content.
Attempt to gain unauthorized access to any systems or networks connected to the App.
Use automated tools to scrape, copy, or extract content from the App.
Resell, sublicense, or redistribute the App or its content.

7. Intellectual Property

All content, design, logos, trademarks, software, and other materials in the App are owned by or licensed to Foodia and are protected by applicable intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes. "Foodia" and the Foodia logo are trademarks of the developer. You may not use them without prior written permission.

8. Advertisements

The free version of Foodia displays advertisements served by Google AdMob and AppLovin MAX. By using the free version, you acknowledge that ads may be personalized based on your device identifiers and usage data. You can opt out of personalized advertising through your device settings (iOS: Settings > Privacy > Tracking). Upgrading to Foodia Pro removes all advertisements.

9. Third-Party Services

The App integrates with third-party services including Google Gemini (AI), Google AdMob (advertising), and AppLovin MAX (advertising). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of these third-party services.

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT NUTRITIONAL DATA OR AI ANALYSES WILL BE ACCURATE OR COMPLETE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP. Our total liability to you for any claim shall not exceed the amount you paid for Foodia Pro in the 12 months preceding the claim, or EUR 50, whichever is greater. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

12. Data and Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

13. Termination

We reserve the right to suspend or terminate your access to the App at any time if you violate these Terms. You may stop using the App at any time. Since no account registration is required, simply uninstalling the App will remove all locally stored data from your device.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you within the App or through the App Store. Continued use of the App after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of Spain, without regard to conflict of law principles. For users located in the European Union, mandatory consumer protection laws of your country of residence also apply. Any disputes shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain, unless applicable consumer protection law grants you the right to bring proceedings in your country of residence.

16. Apple-Specific Terms

Foodia is distributed through the Apple App Store. You acknowledge that:

These Terms are between you and Foodia only, not with Apple Inc.
Apple has no obligation to provide maintenance or support for the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any).
Apple is not responsible for addressing any claims relating to the App or your use of it.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. Contact

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

Email: foodiahealthy@gmail.com
Location: Madrid, Spain