Terms & Conditions


Acceptance of Terms

These terms and conditions applies to the EatBetter app (hereby referred to as "Application") for mobile devices that was created by AI SPARKS LABS, LLC (hereby referred to as "Service Provider") as a Freemium service.


Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application. Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.


Age Requirements

You must be at least 13 years old to use our Application. Users under 18 must have parental consent and supervision while using EatBetter.

Parents or guardians who allow minors to use our service accept full responsibility for the minor's compliance with these terms.


Health Requirements and Medical Disclaimer

EatBetter is designed for individuals in good health. Before using our Application, we strongly recommend consulting with a healthcare professional. By using EatBetter, you confirm that:

The Service Provider is not a healthcare provider, and our content should never replace professional medical advice.


Disclaimer

The Application is intended for educational purposes only and should not be used as a substitute for professional medical advice, diagnosis, or treatment. The Service Provider does not intend for any content within the Application to replace consultation with qualified healthcare providers.

Users are advised to consult with a healthcare provider before making significant changes to their diet or lifestyle. The content in the Application is not intended to be relied upon for medical diagnosis or treatment.

For a complete disclaimer regarding the use of the Application, please visit our Disclaimer page.


Service Modifications and Charges

The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.


Subscription Management

Premium subscriptions automatically renew until cancelled. To cancel a subscription purchased directly through us, email hello@eatbetter.app before your current period ends.

For subscriptions purchased through Apple App Store or Google Play, you must manage cancellation through those platforms directly.

Cancellation prevents future charges but does not refund your current subscription period. You'll maintain access until your paid period expires.


Refund Requests

We sell digital content and services through the Apple App Store and Google Play Store. As such, all payments and potential refunds are handled by Apple or Google.
According to their refund policies, you may request a refund via their official support pages:
- Apple Support – Billing
- Google Play Help – Request a Refund
We do not process refunds directly and cannot guarantee whether Apple or Google will approve refund requests.

In compliance with EU and Turkish consumer laws, by purchasing a digital product that is delivered immediately, you agree to waive your right of withdrawal.
By completing a purchase in our app, you explicitly consent to the immediate delivery of the digital content and acknowledge that this waives your statutory right of withdrawal.


🇹🇷 Note for users in Turkey:
Uygulamada sunulan dijital içerikler Apple veya Google Play aracılığıyla sağlanmakta olup, iade işlemleri yalnızca bu platformlar tarafından yürütülmektedir.
Satın alma işlemiyle birlikte dijital içeriğe anında erişim sağladığınız için, yasal cayma hakkınız ortadan kalkabilir.
İade talepleriniz için ilgili destek sayfalarını kullanabilirsiniz:
- Apple Destek
- Google Play Destek


Data Privacy and Security

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone's security features, and may result in the Application not functioning correctly or at all.


User Content

When you share content with us (such as photos, testimonials, or feedback), you retain ownership of your material. However, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute this content across our services and promotional materials.

You confirm that any content you share does not violate anyone else's rights and that you have all necessary permissions to grant us this license.


Limitation of Liability

To the extent permitted by law, the Service Provider cannot be held responsible for any indirect, special, or consequential damages resulting from your use of the Application, including but not limited to health issues, data loss, or financial losses.

Our maximum financial responsibility is limited to the amount you've paid for the Application.


Connectivity and Third-Party Charges

Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.


If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.


Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.


In terms of the Service Provider's responsibility for your use of the application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties to provide information to them so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.


Application Updates and Termination

The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.


Dispute Resolution

Any disputes arising from or relating to these Terms shall first be attempted to be resolved through good-faith negotiations. If such negotiations fail, all disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in the State of Delaware. The arbitration shall take place online or in Dover, Delaware, at the Service Provider's discretion.

You agree to waive any right to participate in class actions or class arbitrations. Any claim arising out of these Terms must be filed within one (1) year after such claim arose.


Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Your use of the Application may also be subject to other local, state, national, or international laws.


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 so that the Terms will otherwise remain in full force and effect and enforceable.


Changes to These Terms and Conditions

The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.


These terms and conditions are effective as of 2024-07-20


Contact Us

If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at hello@eatbetter.app.