1. Acceptance of Terms

By creating an account, accessing, or using the Services, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must not use the Services.

The Foodara LLC Medical Disclaimer and the Foodara LLC Privacy Policy are hereby incorporated into and made a part of these Terms. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by the Medical Disclaimer and the Privacy Policy, in addition to these Terms.

2. Services Description

Foodara uses Artificial Intelligence (AI) to analyze user-provided health data, including health conditions, age, height, weight, and dietary restrictions, to suggest customized diet approaches and generate recipes. The Services also allow users to scan food items for ingredient information.

The Services allow you to save recipes to your private account from sources you did not create, including by entering a web address, sharing a link or post from a social media application, uploading a screenshot or photograph, or entering a recipe manually. Recipes saved from third-party sources are stored privately within your individual account. They are not published, distributed, made visible to other Foodara users, or included in any community or shared feature of the Services. Your rights and obligations regarding this material are set out in Section 7.

The Services may include links to or integrations with third-party grocery and delivery services. Foodara is not responsible for the products, services, availability, pricing, or actions of these third parties. Any issue or dispute regarding an order placed with a third-party provider must be resolved directly with that provider.

3. Medical Disclaimer (Critical)

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.

3.1. No Substitute for Professional Care: The AI-generated content, diet suggestions, recipes, ingredient analyses, and other output of the Services are for informational and educational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment.

3.2. Consultation Required: You must consult with a qualified healthcare professional or registered dietitian regarding any health condition and before starting any new diet or exercise regimen.

3.3. Reliance on Information: Reliance on any information provided by the Services is solely at your own risk. Do not disregard professional medical advice or delay seeking it because of something you have read in the App.

3.4. Application to All Content: This Section applies in full to every category of content the Services present to you, including recipes generated by our AI, recipes drawn from our library, ingredient scan results, and any recipe or other material you save from a third-party source, together with any adaptation, substitution, or analysis the Services generate from that material.

4. User Account and Data

4.1. Account Creation: You must provide accurate, current, and complete information as required during registration, and you are responsible for keeping it accurate.

4.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at myfoodara@gmail.com if you believe your account has been accessed without authorization.

4.3. Sensitive Data: You acknowledge that you are voluntarily providing sensitive personal information, including specific health conditions, which will be used by our AI to tailor diet and recipe suggestions. This is governed by our Privacy Policy.

4.4. Ownership of Content: You retain ownership of the data you provide. We grant you a license to use the AI-generated recipes and diet suggestions for your personal, non-commercial use. Foodara retains ownership of the underlying AI models and software. Material you save from third-party sources is governed by Section 7; ownership of that material remains with its original rights holder, and neither you nor Foodara acquires ownership of it through use of the Services.

5. User Responsibilities

You agree not to use the Services for any unlawful purpose, or to upload or transmit any content that is harmful, threatening, abusive, or otherwise objectionable.

You further agree not to use the Services to save, store, or reproduce material that you do not have the right to save, and not to use the Services to redistribute material obtained from third-party sources. Your obligations regarding third-party material are set out in Section 7.

The Services are not intended for use by individuals under the age of 13. By using the Services, you represent that you are at least 13 years old, or the minimum age required in your jurisdiction, whichever is greater.

6. Intellectual Property

The App, its features, and its functionality are and will remain the exclusive property of Foodara LLC and its licensors. This does not include data you provide, Imported Content as defined in Section 7, or any other third-party material, all of which remain the property of their respective owners. Foodara claims no ownership of Imported Content.

The Foodara name and logo are trademarks of Foodara LLC.

7. User-Imported Content

7.1. Scope: This Section applies to any recipe, ingredient list, preparation instructions, image, caption, link, or other material that you save to your account from a source you did not create, by any method the Services make available ("Imported Content").

7.2. Your Representations: By saving Imported Content, you represent and warrant that: (a) you have the right to save a personal copy of that material; (b) your use of it is limited to your own personal, non-commercial reference; and (c) saving it does not violate any applicable law, any agreement to which you are a party, or the terms of service of the website, application, or platform from which it originated.

7.3. Private to You: Imported Content is stored privately within your individual account. Foodara does not publish Imported Content, does not make it visible to other users, does not include it in the Foodara community features or in any shared or public area of the Services, and does not license, sell, or distribute it to third parties. You may not use the Services to redistribute Imported Content to any other person.

7.4. Limited License to Foodara: You grant Foodara LLC a limited, non-exclusive, worldwide, royalty-free license to store, reproduce, reformat, process, analyze, and display Imported Content solely for the purpose of providing the Services to you, including converting it into structured recipe data, adapting it to your dietary profile, identifying ingredients, and generating grocery lists. This license exists only to operate your account, is not transferable except to a service provider acting on our behalf, and terminates when you delete the content or your account.

7.5. Attribution: Where a source name or web address is available, Foodara preserves and displays it alongside the saved recipe. You agree not to remove, obscure, or alter that attribution.

7.6. No Review, Verification, or Endorsement: Foodara does not review, verify, or endorse Imported Content, including its accuracy, completeness, safety, nutritional content, or suitability for your health conditions or dietary restrictions. Section 3 (Medical Disclaimer) applies in full.

7.7. Our Role: With respect to Imported Content, Foodara LLC stores material at the direction of an individual user. Foodara does not select, edit, curate, promote, or publish Imported Content and does not act as a publisher of that material.

7.8. Removal and Suspension: Foodara may remove Imported Content, disable the import feature, or suspend or terminate an account at any time, with or without notice, if we receive a valid notice of claimed infringement, if we believe in good faith that content violates these Terms or applicable law, or if we are otherwise required to do so.

7.9. No Guarantee of Retention: Foodara does not guarantee that Imported Content will remain available in your account indefinitely. You are encouraged to retain your own copies of any material that matters to you.

8. Copyright Complaints and DMCA Policy

Foodara LLC respects the intellectual property rights of others and expects users of the Services to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512.

8.1. Designated Agent. Notices of claimed infringement should be sent to our designated agent:

Legal Department
Foodara LLC
30 N Gould St Ste R
Sheridan, WY 82801
Phone: (714) 468-5804
Email: myfoodara@gmail.com
Foodara LLC is registered with the U.S. Copyright Office under Registration Number DMCA-1079220.

For the full DMCA policy, including notice and counter-notification requirements, see our DMCA Policy.

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages. Foodara LLC will, in appropriate circumstances, suspend or terminate the accounts of users who are repeat infringers.

9. Subscriptions, Billing, and Cancellation

9.1. Free and Paid Tiers: The Services are offered in a free tier and one or more paid subscription tiers. The features included in each tier, and the price and billing period of each paid tier, are displayed within the App and on our website at the time of purchase.

9.2. Free Trial: Where a free trial is offered, the trial converts automatically into a paid subscription at the end of the trial period unless you cancel before the trial ends. If you cancel during the trial, you will not be charged.

9.3. Automatic Renewal: Paid subscriptions renew automatically at the end of each billing period at the then-current price, unless cancelled before the renewal date. By subscribing, you authorize us, or the applicable app store, to charge the payment method on file on a recurring basis.

9.4. Purchases Through an App Store: If you purchase a subscription through a third-party app store, that purchase is processed by the app store and is governed by its terms in addition to these Terms. Billing, cancellation, and refunds for those purchases are managed through your app store account, not by Foodara directly.

9.5. Cancellation: You may cancel at any time. Cancellation takes effect at the end of the current billing period, and you retain access to paid features until then. Except where required by law or by the terms of the applicable app store, payments already made are non-refundable and partial periods are not refunded.

9.6. Price and Feature Changes: We may change subscription prices or the features included in a tier. We will give notice of any price increase before it takes effect, and the change will apply to the next billing period. If you do not agree, you may cancel before the change takes effect.

9.7. Effect of Cancellation: If your paid subscription ends, your account reverts to the free tier and remains subject to the limits of that tier. Content already saved to your account is not deleted by cancellation, but access to some features may be restricted.

10. Indemnification and Limitation of Liability

You agree to indemnify, defend, and hold harmless Foodara LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, your saving or use of Imported Content, or your violation of any rights of another.

To the maximum extent permitted by applicable law, Foodara LLC, its affiliates, and their respective directors, employees, and agents 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, resulting from: (i) your access to or use of, or inability to access or use, the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content.

In no event shall Foodara LLC's total liability exceed the amount you paid, if any, for accessing or using the Services during the twelve (12) months preceding the claim.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Orange County, California.

12. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, selected in accordance with the AAA Rules, and shall take place in the State of California, unless the parties mutually agree to another location. Judgment on the arbitration award may be entered in any court having jurisdiction. You and Foodara LLC agree to waive any right to a jury trial or to participate in a class action or class arbitration.

13. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No failure or delay by Foodara in exercising any right under these Terms constitutes a waiver of that right.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide at least 30 days' notice before any new terms take effect, via the email address associated with your account.

15. Contact Information

If you have any questions about these Terms, please contact us at:
Email: myfoodara@gmail.com