Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and PhotoMeal, Inc. (“PhotoMeal”, “we”, “our”, or “us”) and govern your access to and use of the PhotoMeal mobile application, the website at photomeal.app, and all related features, content, and services (collectively, the “Service”).

Please read these Terms carefully. Section 14 contains a binding arbitration clause and class-action waiver that affect your legal rights. By creating an account, downloading the App, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old (or the higher minimum age required in your country) to use the Service. By using the Service you represent that you meet this requirement, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under the laws of any applicable jurisdiction. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Your account

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@photomeal.com if you suspect unauthorized use. We may refuse, suspend, or terminate accounts that contain inaccurate information or that we reasonably believe are being used in violation of these Terms.

3. License to use the App

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on a device you own or control, and to access the Site, in each case for your own personal, non-commercial use. All rights not expressly granted are reserved by PhotoMeal.

4. Acceptable use

You agree that you will not, and will not attempt to:

• copy, modify, translate, reverse-engineer, decompile, or create derivative works of the Service or any part of it, except as expressly permitted by applicable law;
• use the Service for any unlawful, fraudulent, deceptive, harassing, defamatory, or harmful purpose;
• upload content that infringes intellectual-property rights, violates privacy or publicity rights, or that depicts a minor in a sexual or exploitative manner;
• probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
• automate access to the Service, scrape data, or use the Service to train a competing machine-learning model;
• interfere with or disrupt the integrity or performance of the Service, including by introducing malware or sending excessive requests;
• resell, sublicense, rent, lease, or otherwise commercially exploit the Service without our prior written consent.

5. Subscriptions, billing, and trials

PhotoMeal offers a free tier with limited features and one or more paid subscription plans (“PhotoMeal Pro”). Pricing and features for each plan are shown in the App at the time of purchase.

• Billing. Subscriptions are billed through your Apple App Store or Google Play account. By starting a subscription you authorize the applicable store to charge the payment method on file at the then-current price, plus any applicable taxes.
• Auto-renewal. Subscriptions automatically renew for successive periods of the same length unless you cancel at least 24 hours before the end of the current period. You can manage or cancel a subscription in your App Store or Play Store account settings.
• Free trials. Where offered, a free trial converts automatically into a paid subscription at the end of the trial period unless cancelled before then. Only one free trial per user is permitted.
• Refunds. Refund requests are handled by the store that processed the transaction (Apple or Google) in accordance with their policies. Where required by applicable law (such as the EU right of withdrawal), additional rights apply; contact us and we will assist.
• Price changes. We may change subscription prices. We will notify you in advance and, where required by law, obtain your consent before the new price applies to your subscription.

6. Your content

“User Content” means anything you upload, submit, or generate through the Service, including meal photos, notes, ratings, and feedback. You retain all ownership rights you have in your User Content.

You grant PhotoMeal a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, create derivative works from, and display your User Content solely as needed to operate, provide, secure, and improve the Service for you. If you opt in to our recognition-improvement program, you additionally grant us the right to use de-identified copies of your meal photos to train and evaluate our models. You can opt out at any time; opt-out applies prospectively.

You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not violate these Terms or any third-party rights. You are solely responsible for your User Content.

7. Feedback

If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without obligation or compensation to you.

8. Intellectual property

The Service, including all software, text, images, audio, video, designs, trademarks, logos, and the “PhotoMeal” name, is owned by PhotoMeal or its licensors and is protected by copyright, trademark, and other laws. Except for the limited license granted in Section 3, these Terms do not transfer any right, title, or interest in the Service to you.

9. Copyright complaints (DMCA)

We respect intellectual-property rights and respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act. Send notices to our designated agent at dmca@photomeal.com with the information required by 17 U.S.C. § 512(c)(3). We may terminate the accounts of repeat infringers in appropriate circumstances.

10. Health and nutrition disclaimer

PhotoMeal is a consumer wellness tool that uses computer vision and statistical models to estimate the contents and nutrition of a meal from a photo. Estimates are based on visual cues and reference databases and may be inaccurate or incomplete. The Service is provided for informational and educational purposes only and does not provide medical advice, diagnosis, or treatment, and is not a substitute for the advice of a qualified healthcare professional. Always consult a physician, registered dietitian, or other qualified provider before changing your diet, especially if you are pregnant, nursing, managing a medical condition, taking medication, or have a history of disordered eating. Never disregard professional medical advice because of something you saw in PhotoMeal. If you think you may have a medical emergency, call your doctor or local emergency services immediately.

11. Disclaimer of warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. PhotoMeal expressly disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any nutrition estimate, recommendation, or other output will be accurate or reliable.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions some of the above exclusions may not apply to you.

12. Limitation of liability

To the maximum extent permitted by law, in no event will PhotoMeal, its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service, even if advised of the possibility of such damages.

In no event will PhotoMeal’s aggregate liability arising out of or relating to these Terms or the Service exceed the greater of (a) the amount you paid PhotoMeal in the twelve months preceding the event giving rise to the claim or (b) one hundred U.S. dollars (US$100).

The above limitations form an essential basis of the bargain between you and PhotoMeal. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless PhotoMeal and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to (a) your User Content, (b) your use or misuse of the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

14. Governing law, arbitration, and class-action waiver

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally within 60 days will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration will be held in San Francisco, California, or remotely at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and PhotoMeal each agree that any proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court decides this waiver is unenforceable, then the entire arbitration provision in this Section 14 will be null and void.

Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@photomeal.com within 30 days of first accepting these Terms. Notwithstanding the foregoing, either party may bring an individual action in small-claims court or seek injunctive relief in court for infringement of intellectual property rights.

If you live in the European Economic Area, the United Kingdom, or another jurisdiction where the arbitration clause above is not enforceable, the mandatory consumer-protection laws of your country of residence apply, and disputes may be brought in the courts of your country of residence.

15. Suspension and termination

You may stop using the Service at any time and may delete your account from Settings → Account → Delete account. We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms or if required by law. Sections that by their nature should survive (including Sections 6, 7, 8, 11–14, and 17) will survive termination.

16. Changes to the Service or these Terms

We may add, change, or remove features of the Service at any time. We may also update these Terms from time to time. If we make material changes, we will notify you in the App, by email, or by a prominent notice on the Site at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms presented at purchase, constitute the entire agreement between you and PhotoMeal regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
• Apple-specific terms. If you obtained the App from the Apple App Store, you acknowledge that these Terms are between you and PhotoMeal only, not Apple, and that Apple is a third-party beneficiary entitled to enforce them. Apple has no obligation to provide support or maintenance for the App.
• Export control. You agree to comply with all applicable export-control and sanctions laws and not to use the Service in any embargoed country or in violation of any such law.

18. Contact

Questions about these Terms? Write to us at:

For general support, email support@photomeal.com.