Terms of Service | Fitzters

Effective Date: December 29, 2024

These Terms of Service ("Terms") govern your use of the Fitzters application ("Service" or "Platform") operated by EverSeed Ventures. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Nature of the Service & Professional Disclaimer

Fitzters provides AI-generated nutritional estimates intended for general informational and personal tracking purposes only. You acknowledge and agree that:

• Fitzters is NOT medical advice, nutrition therapy, or professional dietary consultation
• Fitzters is NOT a substitute for professional healthcare services
• AI-generated nutritional data is an estimate only and may be inaccurate, incomplete, or incorrect
• The AI may misidentify foods, portions, ingredients, or nutritional content
• Calorie and macro calculations should be considered approximate, not exact
• The Service does not provide recommendations—it provides general suggestions for tracking purposes only
• All health-related decisions you make as a result of using the Service are at your sole discretion and risk
• You should consult with registered dietitians, nutritionists, doctors, or other qualified healthcare providers before making any health, dietary, or fitness decisions
• EverSeed Ventures is not responsible for any health outcomes, injuries, or adverse effects resulting from your use of the Service

2. User Responsibilities & Acceptable Use

You agree to:

• Use the Service only for lawful, personal, non-commercial purposes
• Only upload photos of your own food and your own progress photos
• Not upload photos of other people without their explicit consent
• Not submit sensitive information such as financial data, banking information, social security numbers, passport details, medical records, or prescription information
• Maintain the confidentiality and security of your account credentials
• Provide accurate information when creating your account
• Comply with all applicable laws and regulations

You agree NOT to:

• Use the Service in illegal, harmful, fraudulent, or abusive ways
• Upload harmful, abusive, defamatory, obscene, or illegal content
• Upload photos of other people (including minors) without their consent
• Attempt to reverse engineer, decompile, or hack the Service
• Use automated systems (bots, scrapers) to access the Service
• Interfere with or disrupt the Service or servers
• Impersonate others or misrepresent your affiliation
• Violate any third-party rights, including intellectual property or privacy rights

You acknowledge that:

• You participate in any diet or fitness plan at your own risk
• You are solely responsible for your health and wellness decisions
• Photos and data you upload may be processed by third-party AI services
• You have the right to upload the content you submit

3. Third-Party AI Processing

The Service uses third-party AI providers (including but not limited to OpenAI, Google, Anthropic) to analyze your photos and voice inputs. By using the Service, you explicitly consent to:

• Your photos, voice recordings, and text being transmitted to and processed by third-party AI services
• These third parties retaining your data according to their own policies
• The possibility that AI analysis may be inaccurate or incorrect
• The risks associated with cloud-based AI processing

You should review the privacy policies and terms of service of these third-party providers. We are not responsible for their practices or policies.

4. Subscriptions and Billing

A. Subscription Plans

Fitzters offers "Pro" subscriptions to unlock premium features. Prices are subject to change and may vary by region, currency, or promotional offers. Current pricing is displayed in the app before purchase.

B. Billing & Auto-Renewal

Payment will be charged to your Apple ID or Google Play account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off 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.

C. Cancellation

You can manage or cancel your subscription in your device's Account Settings (Apple App Store or Google Play Store) at any time. Cancellation takes effect at the end of the current billing period. You will retain access to Pro features until the end of your paid period.

D. Refunds

All purchases are final. Refunds are handled exclusively by Apple or Google according to their respective refund policies. We do not process refunds directly. Contact Apple or Google support for refund requests.

E. Free Trial

If a free trial is offered, you will be charged the subscription fee after the trial period ends unless you cancel before the trial expires. Trial eligibility may be limited to new users only.

5. License & Intellectual Property

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes. All content, trademarks, logos, designs, software, and intellectual property belong to EverSeed Ventures or its licensors.

You may not:

• Copy, modify, distribute, or create derivative works from the Service
• Use our trademarks, logos, or branding without permission
• Remove or alter any copyright, trademark, or proprietary notices

6. User Content & License Grant

You retain ownership of the content you upload (photos, voice recordings, text). However, by uploading content, you grant EverSeed Ventures a worldwide, non-exclusive, royalty-free license to use, store, process, and display your content solely for the purpose of providing and improving the Service.

We will not sell your personal content or use it for purposes unrelated to the Service without your consent.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• EverSeed Ventures is not liable for any health issues, injuries, medical conditions, nutritional inaccuracies, weight gain or loss, or any adverse health outcomes while using or as a result of using the Service
• The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied
• We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses
• We do not warrant the accuracy, completeness, or reliability of any AI-generated content
• We are not responsible for any loss of data, progress tracking, or content
• We are not liable for third-party actions, including AI service providers

MAXIMUM LIABILITY: Our maximum aggregate liability to you for any and all claims arising from or related to the Service shall not exceed $50.00 CAD or the total fees you paid to us in the last 12 months—whichever is less.

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

8. Indemnification

You agree to indemnify, defend, and hold harmless EverSeed Ventures, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload to the Service
• Any health decisions you make based on the Service

9. Termination

We may suspend or terminate your account at any time, with or without notice, for violations of these Terms, fraudulent activity, or any other reason at our sole discretion. You may stop using the Service and delete your account at any time.

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and data
• You remain liable for any outstanding fees
• Sections of these Terms that by their nature should survive termination will continue to apply

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Dispute Resolution: Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in Calgary, Alberta, in accordance with the Arbitration Act (Alberta). You waive any right to a jury trial or to participate in a class action lawsuit.

Notwithstanding the above, either party may seek injunctive or equitable relief in court to protect intellectual property rights.

11. Modifications to Terms

We reserve the right to revise, modify, or update these Terms at any time. We will notify you of material changes by posting the updated Terms in the app and updating the "Effective Date" above. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

12. Severability

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

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EverSeed Ventures regarding the Service and supersede all prior agreements and understandings.

14. Contact Information

For questions, concerns, or notices regarding these Terms, please contact:

EverSeed Ventures
Email: team@fitzters.com
Calgary, Alberta, Canada