Terms of Service

Last Updated: November 1, 2026

These Terms of Service (“Terms”) govern your access to and use of the FitDine mobile application, the website at fitdine.app, and related services (the “Services”) provided by FitDine Inc., a corporation organized under the laws of the State of Wyoming, USA, with its principal place of business in Wyoming (“Company,” “we,” “us”). By creating an account, downloading, accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

PLEASE READ SECTIONS 3 (MEDICAL DISCLAIMER), 4 (ASSUMPTION OF RISK), 14 (LIMITATION OF LIABILITY) AND 16 (BINDING ARBITRATION AND CLASS ACTION WAIVER) CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS.

1. Eligibility

The Services are available to users worldwide who are at least eighteen (18) years old and legally capable of entering into a binding contract. We may limit or block availability in certain countries or regions, including where required by sanctions or export laws, and you are responsible for complying with the local laws that apply to your use. By using the Services, you represent that you meet these requirements and that your use does not violate any applicable law. We may suspend or terminate any account we reasonably believe belongs to a person under 18.

2. The Services

FitDine provides nutrition-tracking and meal-planning tools. These include features that analyze menus and food images and generate suggestions based on information you provide, using automated and artificial-intelligence-based technologies (“AI Features”). When you use AI Features, the photos and other inputs you submit are sent to third-party AI providers as described in our Privacy Policy, and we ask for your permission in the app before your first scan is sent. The Company is a technology provider. It is not a medical provider, physician, dietitian, nutritionist or licensed healthcare professional.

3. MEDICAL DISCLAIMER

THE SERVICES, AND ALL CONTENT, RECOMMENDATIONS, CALCULATIONS AND OUTPUTS PROVIDED THROUGH THEM (INCLUDING AI-GENERATED CONTENT), ARE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THEY ARE NOT MEDICAL ADVICE AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

NOTHING IN THE SERVICES IS INTENDED TO DIAGNOSE, TREAT, CURE, MANAGE OR PREVENT ANY DISEASE OR HEALTH CONDITION. NO PHYSICIAN–PATIENT, DIETITIAN–CLIENT OR OTHER PROFESSIONAL RELATIONSHIP IS CREATED BY YOUR USE OF THE SERVICES.

YOU MUST CONSULT A QUALIFIED PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL BEFORE BEGINNING OR CHANGING ANY DIET, NUTRITION, EXERCISE OR WEIGHT-MANAGEMENT PROGRAM, PARTICULARLY IF YOU HAVE A MEDICAL CONDITION, FOOD ALLERGY OR INTOLERANCE, ARE PREGNANT OR NURSING, HAVE OR HAVE HAD AN EATING DISORDER, OR TAKE PRESCRIPTION MEDICATION.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF ANYTHING YOU RECEIVE THROUGH THE SERVICES. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER (E.G., 911 IN THE U.S. OR 112 IN THE EU) IMMEDIATELY. IF YOU EXPERIENCE DIZZINESS, PAIN, ALLERGIC SYMPTOMS OR OTHER ADVERSE REACTIONS, STOP AND SEEK MEDICAL ATTENTION.

4. Assumption of Risk

Changes to diet, nutrition and physical activity involve inherent risks, including illness, injury, allergic reaction and, in rare cases, death. You voluntarily assume all risks arising from your use of the Services and your reliance on or implementation of any diet, meal, recommendation or other content obtained through them. You are solely responsible for determining whether any food, plan or activity is suitable for you. To the maximum extent permitted by law, you release the Company and its affiliates, officers, directors, employees, contractors and licensors from all claims arising from such risks.

5. No Guarantees of Results

We do not guarantee any health, fitness, weight-loss, weight-gain, muscle-building or other result. Results vary by individual and depend on factors outside our control, including genetics, medical history, metabolism, diet, adherence and effort. Any examples, estimates, projections or testimonials are illustrative only and are not promises of any outcome.

6. Accuracy of Content; Allergies; AI Features

Nutritional values, calorie and macronutrient estimates, menu analysis and similar content are estimates. They may rely on third-party data or automated processing and may be incomplete, outdated or inaccurate. AI Features may produce errors, including content that appears credible but is wrong. Do not rely on the Services to determine whether any food is safe for an allergy, intolerance or medical condition. Always verify ingredients and preparation directly with the restaurant or food provider. You are responsible for evaluating all content before acting on it.

7. Accounts

You must provide accurate information, keep your credentials confidential, and notify us promptly of any unauthorized access. You are responsible for all activity under your account. You may not share your account, impersonate another person or provide false information.

8. Subscriptions and Payments

Certain features require a paid subscription. Pricing, billing period and trial terms will be disclosed before purchase. Unless stated otherwise at purchase, subscriptions renew automatically until canceled. Your payment method will be charged at the start of each renewal period at the then-current price unless you cancel before the renewal date, and cancellation takes effect at the end of the current billing period.

- In-app purchases made through the Apple App Store or Google Play are processed by Apple or Google and governed by their respective terms. Billing, cancellation and refund requests for those purchases must be made through Apple or Google.

- Web purchases are processed by Stripe and are subject to Stripe’s terms. You may cancel through your account settings or by emailing support@fitdine.app.

We do not process or store full payment card numbers. Except where required by law or platform rules, fees are non-refundable. We may change prices prospectively with notice. Prices may be shown inclusive or exclusive of applicable taxes (such as VAT or sales tax) as required by law, and you are responsible for any taxes due. Nothing in this Section limits any cancellation, withdrawal or refund right you have under mandatory consumer law.

9. License and Restrictions

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services for your personal, non-commercial use. You may not: (a) copy, modify, distribute, sell or lease any part of the Services; (b) reverse engineer or attempt to extract source code, except where law prohibits this restriction; (c) scrape, crawl or use automated means to access the Services; (d) circumvent security or access controls or interfere with the Services; (e) use the Services or their outputs to build or train a competing product or model; (f) attempt to manipulate or extract the prompts, models or systems underlying our AI Features; or (g) use the Services unlawfully, fraudulently or to harm others.

10. Intellectual Property

The Services, including all software, algorithms, designs, text, graphics, databases, trademarks and logos, are owned by or licensed to the Company and protected by intellectual property laws. Except for the limited license in Section 9, no rights are granted to you. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without obligation to you.

11. Your Data and Content

“User Content” means the information you submit through the Services, such as your profile details, optional profile photo, meal logs, notes and images submitted for analysis. User Content is generally private to your account; however, the Services may include features that allow you to share certain User Content (such as your progress, meals, or photos) directly to third-party social media platforms or other external services. If you choose to share your User Content externally, you do so at your own risk, and such sharing will be governed by the terms and privacy policies of those third-party platforms. Otherwise, the Services do not currently offer public in-app profiles or public comments. You retain ownership of your User Content. You grant the Company a limited, worldwide, non-exclusive, royalty-free license to host, store, process and use User Content (including by transmitting it to our service providers) solely to operate, provide, secure, maintain and improve the Services, as described in our Privacy Policy. We may also use aggregated or de-identified data derived from User Content for lawful business purposes. You represent that you have the right to submit your User Content and that it does not violate any law or third-party right. You may upload only a photo of yourself as your profile photo. If we introduce public or shared features, we will update these Terms.

12. Suspension and Termination

We may suspend or terminate your account or access, with or without notice, if we reasonably believe you have breached these Terms, created legal or security risk, or misused the Services, or if we discontinue the Services. You may stop using the Services and delete your account at any time through your account settings or by emailing support@fitdine.app. Deleting the app does not cancel a subscription. Upon termination, your license ends. Sections that by their nature should survive (including 3–6, 10, 11 and 13–17) will survive.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR SUITABLE FOR YOUR HEALTH, DIETARY OR FITNESS NEEDS. Some states and countries do not allow certain disclaimers, so some of the above may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, OR FOR ANY ILLNESS, INJURY OR HEALTH CONSEQUENCE RESULTING FROM YOUR USE OF OR RELIANCE ON THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

15. Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees and agents from any claims, damages, losses and reasonable expenses (including attorneys’ fees) arising out of your User Content, your violation of these Terms or applicable law, or your violation of any third party’s rights.

16. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT BEFORE A JUDGE OR JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

(a) Scope. Except as stated in (g), you and the Company agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (“Dispute”) will be resolved exclusively by binding arbitration rather than in court.

(b) Informal Resolution. Before starting arbitration, the claimant must send a written notice describing the Dispute and the relief sought (to support@fitdine.app for us; to the email address associated with your account for you). The parties will negotiate in good faith for at least thirty (30) days.

(c) Rules and Administration. If the Dispute is not resolved, either party may commence arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at adr.org). The Federal Arbitration Act governs this Section. The arbitrator may award any individual relief available under applicable law and must follow these Terms.

(d) Fees and Location. AAA fees will be allocated under the AAA Consumer Arbitration Rules. Hearings, if any, will be conducted by video, telephone or written submissions unless the arbitrator orders an in-person hearing, in which case it will take place in the county where you reside or another mutually agreed location.

(e) CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION, AND AGREE THAT DISPUTES WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON. EACH PARTY ALSO WAIVES ANY RIGHT TO A JURY TRIAL. If the class waiver is found unenforceable as to a claim, that claim (and only that claim) must be litigated in court, and the remainder of this Section will continue to apply.

(f) Opt-Out. You may opt out of this arbitration agreement by emailing support@fitdine.app within thirty (30) days of first accepting these Terms, stating your name, account email and intent to opt out. Opting out does not affect any other part of these Terms.

(g) Exceptions. This Section does not apply to: (i) individual claims that qualify for small-claims court, so long as they remain there; (ii) claims by either party for injunctive or equitable relief to protect intellectual property or confidential information; or (iii) any claim that applicable law prohibits from being arbitrated. Any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in the State of Wyoming, and the parties consent to personal jurisdiction and venue there.

(h) Consumers Outside the United States. If you are a consumer residing outside the United States and the mandatory consumer-protection laws of your country of residence do not permit disputes to be resolved by binding arbitration or class action waivers, this Section applies only to the extent permitted by those laws. In that case, you keep any right to bring claims in the courts of your country of residence and to use any statutory dispute-resolution mechanisms available to you.

17. Governing Law

These Terms and any Dispute are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 16. This choice of law does not deprive you of any non-waivable rights or protections under the laws of your state or country of residence.

18. Apple App Store Terms

If you download the app from the Apple App Store: (a) these Terms are between you and the Company, not Apple; (b) Apple has no obligation to provide maintenance or support for the app; (c) in the event of a failure of the app to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any), and Apple has no other warranty obligation; (d) the Company, not Apple, is responsible for addressing any claims relating to the app, including product liability, legal or regulatory compliance and intellectual property infringement claims; (e) you represent that you are not located in a country subject to a U.S. embargo and are not on any U.S. restricted-party list; and (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You must also comply with applicable third-party terms of agreement (for example, your wireless carrier’s terms). Similar platform terms may apply if you download from Google Play.

19. Changes to the Services and Terms

We may modify or discontinue any part of the Services at any time. We may update these Terms from time to time. For material changes, we will give at least thirty (30) days’ notice through the Services or by email before they take effect. Continued use after the effective date constitutes acceptance of the updated Terms.

20. General

These Terms and the Privacy Policy are the entire agreement between you and the Company regarding the Services. If any provision is unenforceable, it will be limited or severed to the minimum extent necessary, and the rest remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely, including in a merger, acquisition or sale of assets. We are not liable for failures caused by events beyond our reasonable control. Notices to you may be sent to your account email or through the Services.

21. Contact

FitDine Inc. | support@fitdine.app