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Terms of Service for Eatly

Last Updated: January 10, 2026
Effective Date: January 10, 2026

1. Acceptance of Terms

Welcome to Eatly! These Terms of Service ("Terms") constitute a legally binding agreement between you and Nab Cat ("we," "our," or "us") regarding your use of the Eatly mobile application and related services (collectively, the "Service").

By creating an account, downloading, accessing, or using Eatly, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

1.1 Eligibility

  • You must be at least 13 years old to use Eatly
  • If you are under 18, you must have permission from a parent or legal guardian
  • By using Eatly, you represent that you meet these eligibility requirements

1.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or in-app notification at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

2. Description of Service

Eatly is an AI-powered nutrition and calorie tracking application that helps you:

  • Track nutrition: Log meals with chatting nabcat, using photos, voice input, or manual entry
  • AI food recognition: Identify foods and calculate nutritional information using AI
  • Health integration: Sync with Apple Health or Google Health Connect
  • Progress monitoring: Track weight, calories, macros, exercise, and sleep
  • AI coaching: Receive personalized nutrition advice and insights
  • Goal setting: Set and track health and fitness goals

2.1 Service Availability

  • The Service is provided on an "as is" and "as available" basis
  • We do not guarantee uninterrupted or error-free service
  • We may modify, suspend, or discontinue any feature at any time with or without notice
  • We may perform maintenance that temporarily limits access to the Service

3. Account Registration and Security

3.1 Account Creation

  • You must provide accurate, current, and complete information during registration
  • You may create an account using email, Google sign-in, or Apple sign-in
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account

3.2 Account Security

  • Do not share your account credentials with others
  • Notify us immediately if you suspect unauthorized access to your account
  • We are not liable for losses caused by unauthorized use of your account

3.3 Account Termination

  • You may delete your account at any time through the app settings
  • We may suspend or terminate your account if you violate these Terms
  • Upon termination, your access to the Service will cease, and your data will be deleted in accordance with our Privacy Policy

4. Subscriptions and Payments

4.1 Subscription Plans

Eatly is a premium service with a hard paywall:

  • Pro tier: Advanced AI features, unlimited insights, and premium functionality required to use the service

4.2 Billing and Payments

  • Subscriptions are processed through Apple App Store or Google Play Store
  • Payment methods and billing are managed by Apple or Google, not by us directly
  • Prices are displayed in your local currency and may include applicable taxes
  • We reserve the right to change subscription prices with 30 days notice

4.3 Subscription Renewals

  • Subscriptions automatically renew unless you cancel before the renewal date
  • You will be charged for the renewal at the then-current subscription price
  • You can manage or cancel your subscription through your App Store or Google Play account settings

4.4 Refunds

  • Refund requests are handled by Apple App Store or Google Play Store per their policies
  • We do not directly process refunds for subscriptions
  • Contact Apple or Google customer support for refund assistance

4.5 Free Trials

  • We may offer free trial periods for premium features
  • You must cancel before the trial ends to avoid being charged
  • Trials are available only once per user and cannot be combined with other offers

5. User Content and Conduct

5.1 Your Content

You retain ownership of all content you submit to Eatly, including:

  • In-app: Settings >> Privacy & Data Rights
  • Photos and voice recordings
  • Chat messages with the AI assistant
  • Profile information and health data

5.2 License to Your Content

By submitting content to Eatly, you grant us a limited, non-exclusive, royalty-free license to:

  • Store and process your content to provide the Service
  • Use AI to analyze your food photos and generate nutritional information
  • Display your data back to you within the app
  • Create anonymized, aggregated analytics to improve the Service

This license terminates when you delete your content or account.

5.3 Prohibited Conduct

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of others
  • Upload harmful, offensive, or inappropriate content
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Use the Service for commercial purposes without our permission
  • Use automated tools (bots, scrapers) to access the Service
  • Reverse engineer, decompile, or disassemble the app
  • Remove or alter any copyright, trademark, or proprietary notices

5.4 User Responsibilities

  • You are responsible for the accuracy of information you provide
  • We are not liable for errors in nutritional calculations based on incorrect user input
  • You should verify AI-generated nutritional information when accuracy is critical
  • The Service is not a substitute for professional medical, nutritional, or fitness advice

6. AI-Generated Content and Disclaimers

6.1 AI Accuracy

  • Eatly uses AI to analyze food photos and provide nutritional estimates
  • AI-generated nutritional information is approximate and may not be 100% accurate
  • Nutritional values are estimates based on typical serving sizes and may vary
  • We do not guarantee the accuracy of AI food recognition or calorie calculations

6.2 Health and Medical Disclaimers

IMPORTANT: Eatly is a nutrition tracking tool, not a medical device or professional health service.

  • Not medical advice: The Service does not provide medical advice, diagnosis, or treatment
  • Consult professionals: Always consult a qualified healthcare provider before starting any diet, exercise program, or making health-related decisions
  • Individual needs: Nutritional needs vary by individual; our recommendations are general guidance
  • Health conditions: If you have medical conditions, allergies, or dietary restrictions, consult your doctor before using calorie targets or nutrition advice from the app
  • Emergency situations: Do not use Eatly for medical emergencies; call emergency services if needed

6.3 No Warranties

We provide the Service "as is" without warranties of any kind, including:

  • Accuracy or reliability of nutritional information
  • Uninterrupted or error-free operation
  • Fitness for a particular purpose
  • Achievement of specific health outcomes

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content, features, and functionality of Eatly are owned by Nab Cat and protected by:

  • Copyright, trademark, and other intellectual property laws
  • International copyright treaties and conventions

This includes:

  • The Eatly app, website, and software code
  • Graphics, logos, designs, and user interface
  • AI models and algorithms (excluding third-party AI services)
  • Text, content, and documentation

7.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and use the Eatly app on your personal devices
  • Access and use the Service for personal, non-commercial purposes

This license terminates if you violate these Terms.

7.3 Restrictions

You may not:

  • Copy, modify, or create derivative works of the app
  • Distribute, sell, or sublicense the app
  • Use the Eatly name, logo, or trademarks without permission
  • Extract or reuse any portion of our content or code

8. Third-Party Services and Links

8.1 Third-Party Integrations

Eatly integrates with third-party services:

  • OpenAI: For AI-powered food recognition and chat assistance
  • Apple Health / Google Health Connect: For health data synchronization
  • Supabase: For cloud storage and authentication
  • RevenueCat: For subscription management
  • PostHog: For analytics

8.2 Third-Party Terms

  • Your use of third-party services is governed by their respective terms and privacy policies
  • We are not responsible for the practices, content, or services of third parties
  • We do not endorse or assume liability for third-party services

8.3 Third-Party Links

  • The app may contain links to external websites or resources
  • We are not responsible for the availability, content, or practices of external sites
  • Clicking external links is at your own risk

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy points:

  • We do not sell your personal information
  • Photos and voice recordings are deleted within 24 hours
  • You can delete your account and data at any time
  • We use encryption and security measures to protect your data

Please review our Privacy Policy for complete information about how we handle your data.

10. Limitation of Liability

10.1 No Liability for Damages

To the maximum extent permitted by law, Eatly and its affiliates, officers, directors, employees, and agents shall not be liable for:

  • Indirect damages: Loss of profits, revenue, data, or business opportunities
  • Consequential damages: Arising from your use or inability to use the Service
  • Health outcomes: Any health conditions, injuries, or outcomes related to use of the Service
  • AI errors: Inaccurate nutritional information or food recognition errors
  • Third-party services: Issues caused by third-party integrations or services
  • Data loss: Loss of data due to technical failures, despite our backup systems

10.2 Maximum Liability Cap

Our total liability to you for all claims arising from your use of Eatly shall not exceed the amount you paid us in the 12 months preceding the claim, or $100 USD, whichever is greater.

10.3 Exceptions

Some jurisdictions do not allow limitation of liability for personal injury or certain types of damages. In such cases, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Nab Cat and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your content submitted to the Service
  • Your negligence or willful misconduct

12. Dispute Resolution

12.1 Informal Resolution

Before filing a legal claim, you agree to contact us at support@nabcat.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes amicably.

12.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction where Nab Cat is registered, without regard to conflict of law principles.

12.3 Arbitration (where applicable)

Any disputes that cannot be resolved informally may be subject to binding arbitration in accordance with applicable arbitration rules, rather than court litigation. Each party bears its own costs unless otherwise awarded by the arbitrator.

12.4 Class Action Waiver

You agree that disputes will be resolved individually, not as part of a class action, consolidated action, or representative action.

12.5 Exceptions

Either party may seek injunctive or equitable relief in court to prevent infringement of intellectual property rights or violation of confidentiality obligations.

13. Geographic Restrictions

The Service is operated from servers that may be located in various countries. We make no representation that the Service is appropriate or available for use in all locations. If you access the Service from outside our primary service area, you do so at your own risk and are responsible for compliance with local laws.

14. Export Control

You agree not to export, re-export, or transfer the app or any technical data in violation of applicable export control laws and regulations.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Entire Agreement

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

17. No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

19. Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service disruptions.

20. Survival

Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and indemnification) will survive termination of these Terms.

21. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us:

Email: support@nabcat.com
Legal inquiries: legal@nabcat.com
App name: Eatly: AI Calorie Tracker
Developer: Nab Cat

Response time: We aim to respond to all inquiries within 5 business days.

22. Acknowledgment

By using Eatly, you acknowledge that:

  • You have read and understood these Terms of Service
  • You agree to be bound by these Terms
  • You have read and agree to our Privacy Policy
  • You understand that Eatly is a nutrition tracking tool, not medical advice
  • You will use the Service responsibly and in accordance with these Terms

Last Updated: January 10, 2026
Effective Date: January 10, 2026

Thank you for choosing Eatly to support your health and wellness journey!