Terms of Service

1. Agreement

These Terms of Service (“Terms”) are an agreement between you and the operator of HealthyBite (“we”, “us”, “our”). They cover the HealthyBite website at healthybite.app and the HealthyBite apps (together, the “Service”).

You accept these Terms by ticking the box and tapping “Agree & continue” in the app. If you don’t agree, don’t use the Service. The Community Guidelines are part of these Terms. How we handle personal data is explained in our privacy policies (Section 15).

2. Eligibility

You must be 18 or older to use HealthyBite.

When you start, the app asks for your birth month and year. It keeps only whether you are 18 or older, never the date. If you are under 18, you may not use the Service: the app will block it, and we will delete any account.

Why 18. HealthyBite shows text written by Google’s Gemini AI, such as menus and review summaries. Google’s terms don’t allow Gemini to be used in a service that is meant for, or likely to be used by, people under 18. So there is no route for a parent to consent for a child. A parent or guardian may use HealthyBite on their own device to choose where their family eats.

By using the Service, you confirm that you are 18 or older, that the law allows you to use it, and that what you tell us is accurate.

3. The Service

HealthyBite helps you find restaurants and read their menus against the foods you avoid. It combines map and place data, restaurants’ own websites, ingredient data and AI. It is a discovery tool for general information, not a safety certification.

We don’t run, inspect, endorse or guarantee any restaurant, and we aren’t part of any transaction between you and a restaurant. We may add, change or remove features. Section 5 explains what that means for HealthyBite Plus.

4. Accounts and your public name

You can use HealthyBite as a guest. Some features need an account, such as syncing across devices, posting reviews and HealthyBite Plus.

• Give accurate details when you sign up, and keep your password secret.
• An account is for one person. Don’t open one for someone else or share yours.
• You are responsible for what happens under your account. Tell us promptly if you think someone else is using it.

Your public name. What you post shows a public name. You can choose one, or keep the pseudonym we give you, such as “Diner 3FA2”. Your email address is never shown to other users. A public name must follow the Community Guidelines: no impersonation, no contact details, nothing offensive. We may reset a public name that breaks them.

You can delete your account at any time. See how to delete your account.

5. Free tier and HealthyBite Plus

Free. HealthyBite is free to use, with limits. A free account sees a capped number of restaurant results per search: currently five, a mix of your best matches and the closest places. The rest show as locked placeholders that say how many more places were found, without naming them. The free-tier limit may change.

HealthyBite Plus. Plus is an optional paid subscription. It removes the result cap and adds menu-photo scanning. There are two plans: US$34.99 per year or US$7.99 per month, or the local price the store shows you, which may differ because of currency, taxes and regional pricing. The price shown when you buy is the price you pay.

Who sells it. Plus is sold only through the Apple App Store and Google Play. The store is the seller of record: it takes your payment, and its terms also apply to your purchase. Plus can’t be bought on the web.

Free trial. New subscribers may be offered a 3-day free trial. The store decides who is eligible, usually one trial per person. You aren’t charged during the trial. Unless you cancel at least 24 hours before it ends, the store charges the price of the plan you chose when the trial ends — US$34.99 for a year or US$7.99 for a month, or the local equivalent — and your subscription continues.

Renewal. Your subscription automatically renews at the end of each period, every year or every month depending on your plan, and the store charges your payment method at the then-current price. It continues until you cancel. To stop the next charge, cancel at least 24 hours before the current period ends. There is no minimum commitment beyond the period you have paid for.

How to cancel. Manage or cancel Plus in your store account. On iPhone: Settings → your name → Subscriptions. On Android: Google Play Store → your profile → Payments & subscriptions → Subscriptions. Cancelling stops future renewals. You keep Plus until the end of the period you have paid for.

Deleting the app or your HealthyBite account does not cancel your subscription. Cancel it in the store.

Refunds. Apple and Google handle refunds under their own policies. We can’t issue them, because we don’t take your payment.

Changes to Plus. We won’t reduce Plus features during a period you have already paid for. We may change features or prices for future periods. We’ll give you notice before a price increase, and it will apply only to renewals after that notice. Your store may also ask you to agree to it. If you don’t want to pay the new price, cancel before your next renewal.

Complimentary access. We may give Plus free of charge to specific accounts, for example testers or support cases. It is a revocable permission, not a purchase. It can’t be transferred, has no cash value, and may be withdrawn at any time.

6. Dietary information is not a guarantee

The marks, dietary tags, match counts and “options for you” are automated estimates. They come from the words on a restaurant’s menu as we found it, from ingredient data for similar dishes, and from AI. Here is what the marks mean, and all they mean:

• ✓ No conflict listed: nothing in that menu wording conflicted with what you avoid. It does not mean the dish is free of it.
• ⚠ Check: the menu doesn’t say enough to tell. Check before ordering.
• ✕ Avoid: the wording or ingredient data suggests the dish has something you avoid.

The marks don’t know how the restaurant actually makes a dish: its ingredients and suppliers on the day, substitutions, shared equipment or cross-contact. Menus, prices, hours and dishes change without notice, and our copy may be out of date. We don’t test, inspect or verify any food or kitchen. Always ask the staff.

7. Not medical advice

HealthyBite is not medical, nutritional or allergy advice, and it is not a medical device. It doesn’t diagnose, treat or manage any condition. Talk to a qualified professional about your diet and health. Never ignore professional advice, or delay getting it, because of something in HealthyBite. In an emergency, call your local emergency number.

8. AI-generated content

Some of what you see in HealthyBite is made by AI or automated services:

• Google Gemini reads menus from restaurants’ websites and from photos you scan, and classifies their dishes. It may use Google Search to find a menu.
• Google Gemini writes the summary of each restaurant’s reviews.
• Google Gemini helps find restaurants in areas where map data is thin.
• Spoonacular provides typical ingredients for dishes.

AI can be wrong. It can misread a menu, miss an ingredient, mix up restaurants, or summarize reviews unfairly. AI review summaries are labeled in the app, and dish marks are labeled as estimates. Treat them as a starting point, not as fact. What data we send to AI providers is explained in the Privacy Policy.

9. Your content and license

You keep ownership of what you post: reviews, ratings, photos, dishes and reports (“your content”).

You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, display, adapt (for example, resize or crop) and distribute your content in order to run, show and improve the Service. That includes using a review photo as a restaurant’s picture, and including review text in AI summaries. We may let our service providers do this for us. The license ends when you delete your content or your account, except for content kept without your name under the Privacy Policy, copies already cached or shared, and anything the law requires us to keep.

Nothing in these Terms restricts you from posting an honest review, including a negative one, or penalizes you for it. We don’t take ownership of your reviews.

You must have the right to post what you post. Photos must not show anyone’s face or any other person, or anything private. Everything you post must follow the Community Guidelines.

10. Community guidelines, reporting and blocking

Follow the Community Guidelines. You can report a review, photo, dish or summary with its Report option in the app, or by email. You can block another diner so you no longer see their content.

We may remove content, reset public names, or suspend or close accounts that break the Guidelines or these Terms. Our moderation never depends on whether a review is positive or negative. We aren’t obliged to check content before it appears.

11. Acceptable use

Don’t:

• break the law, or help anyone else to;
• post false, fake, paid or incentivized reviews, or review your own restaurant or a competitor’s;
• harass, threaten or impersonate anyone, or post someone’s personal information;
• scrape, crawl or copy the Service or its data in bulk, or use it to build a competing database;
• use the Service or its content to train AI models;
• overload, probe, reverse-engineer or interfere with the Service, or get around its limits, paywall or security, except as the law expressly allows;
• access accounts or systems that aren’t yours;
• send spam or malware.

12. Copyright

Respect other people’s copyright. If you believe something on HealthyBite infringes yours, follow the process on our Copyright page, which also explains counter-notices. Restaurants can ask us there to remove their menus, photos or images.

Repeat infringers. In appropriate circumstances we will disable or close the accounts of users who repeatedly infringe copyright.

13. Third-party data and services

The Service relies on data and services from others, including OpenStreetMap and Overture Maps place data, Geoapify, Esri maps, Spoonacular, Google Gemini and Google Search, Wikimedia Commons, and restaurants’ own websites. Their content belongs to them and is used under their licenses. See Data sources & licenses.

We don’t control these services and aren’t responsible for their accuracy, availability or practices. Links to other sites take you to places with their own terms.

14. Our intellectual property

The Service, including its software, design, text, logo and the HealthyBite name, belongs to us or our licensors. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial purposes under these Terms.

Open-source parts of the Service are licensed under their own licenses, listed on Data sources & licenses. Nothing in these Terms limits your rights under them.

If you send us ideas or feedback, we may use them without owing you anything.

15. Privacy

How we handle personal data is explained in our Privacy Policy and our Consumer Health Data Privacy Policy.

16. Disclaimer of warranties

17. Limitation of liability

18. Indemnification

If someone makes a claim against us because of your content, your misuse of the Service, or your breaking these Terms, the law or someone else’s rights, you agree to defend us and our owners and operators and to cover the resulting losses, damages and reasonable legal costs. This doesn’t apply to the extent the claim was caused by us, and it applies only as far as the law allows.

19. Assumption of risk

Eating out with a food allergy or a medical dietary need carries risks that HealthyBite can’t remove. You choose where and what to eat, and confirming with the restaurant that food is suitable for you is your responsibility. As far as the law allows, you accept the risks of those choices.

20. Changes to these Terms

We may update these Terms. We’ll post the new version here with a new version number and date, and tell you in the app. If a change is material, we’ll ask you to accept the new Terms in the app before you carry on using the Service. If you don’t accept them, you can stop using HealthyBite and delete your account (and cancel Plus in the store). A change doesn’t apply to a dispute that arose before it. Price changes for Plus follow Section 5.

21. Suspension and termination

You can stop using HealthyBite and delete your account at any time.

We may suspend or end your access, or remove your content, if you break these Terms or the Community Guidelines, if the law requires it, or to protect other people or the Service. Where it is reasonable and lawful, we’ll tell you why and give you a chance to respond. We may also stop offering the Service; if we do, we’ll give reasonable notice where we can.

Sections that by their nature should survive the end of this agreement do, including Sections 9 and 12 to 22.

22. Governing law and disputes

These Terms are governed by the laws of the State of Arkansas and applicable US federal law, without regard to conflict-of-laws rules.

If you have a dispute with us, please contact us first and try in good faith to resolve it informally for at least 30 days. Any dispute not resolved that way will be decided only by the state or federal courts located in Arkansas, and you and we agree to their jurisdiction. These Terms contain no arbitration agreement.

If you are a consumer, nothing in these Terms takes away the mandatory consumer-protection rights of the place where you live, including any right to bring a claim in your local courts.

General. If any part of these Terms can’t be enforced, the rest still applies. If we don’t enforce a part, we haven’t waived it. You may not transfer these Terms to someone else. We may transfer them with the Service, and we’ll tell you if we do. These Terms, with the policies they refer to, are the whole agreement between you and us about the Service.

23. App store terms

If you got the app from Apple’s App Store

1. Agreement. These Terms are between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the HealthyBite app and its content.
2. Scope of license. Your license to use the iOS app is limited to using it on Apple-branded products that you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions. It may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
3. Maintenance and support. We are solely responsible for providing maintenance and support for the app, as set out in these Terms or as the law requires. Apple has no obligation to provide any maintenance or support for the app.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the app to you. To the maximum extent the law allows, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are our responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection, privacy or similar laws.
6. Intellectual property claims. If a third party claims that the app, or your possession and use of it, infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
7. Legal compliance. You confirm that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and contact. Questions, complaints or claims about the app go to the operator of HealthyBite at Healthybiteapp@gmail.com. Our postal address is available on request.
9. Third-party terms. You must comply with any third-party terms that apply when you use the app, such as your mobile data service agreement.
10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

If you got the app from Google Play

These Terms are between you and us, not Google. Google is not responsible for the app or its content. Google Play’s own terms also apply to your download and to any purchase you make through Google Play.

24. Contact

Questions about these Terms: Healthybiteapp@gmail.com. Our postal address is available on request.