Welcome to OhSnap Calorie Tracker ("OhSnap," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the OhSnap Calorie Tracker mobile application and any related services, features, content, or functionality (collectively, the "Services").
By downloading, installing, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes.
You must be at least 13 years of age to use the Services. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Services with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you meet these eligibility requirements.
To access certain features of the Services, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your account information.
All the guidance we provide is for general informational purposes only and is never, ever medical advice. Always talk to your doctor with any questions you may have regarding your health.
You should seek the advice of a physician or other qualified medical professional with any questions you may have regarding your health before beginning any dietary programs, exercise regimen, or any other fitness or wellness activities that may be referenced in our Services.
If you are being treated for a health condition or illness, taking prescription medication, or following a therapeutic diet to treat a disease, you should consult with your physician before using the Services. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE OR ATTENTION BECAUSE OF ANY CONTENT PRESENTED IN THE SERVICES.
Exercise and wellness activities carry certain inherent and significant risks of bodily injury, death, or property damage, and you voluntarily assume all known and unknown risks associated with these activities.
The Services (including but not limited to all content, features, tools, and recommendations) are provided for general informational purposes only. OhSnap Calorie Tracker is not a medical professional or a medical organization and does not provide medical services or render medical advice.
The Services are not intended for use in the diagnosis of diseases or other medical conditions, or in the cure, mitigation, treatment, or prevention of any disease or medical condition. Nothing contained in the Services should be construed as such advice or diagnosis.
The information provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment and should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness.
Use of the Services, or any communication with us, does not create any doctor-patient relationship between you and OhSnap Calorie Tracker or any of its affiliates, employees, contractors, or representatives.
We make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any content available through the Services, and we make no commitment to update such content.
Nutritional data, calorie counts, macronutrient breakdowns, and other food-related information provided through the Services are estimates and may vary based on factors including but not limited to preparation methods, portion sizes, ingredient variations, and data sources. You should not rely solely on such estimates for dietary or health decisions.
In addition, User-Generated Content — including advice, statements, or other information such as food and nutrition entries, dietary guidance, exercise or training guidance, athletic activities, and database entries — is not produced by OhSnap Calorie Tracker and should not be relied upon. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such content originated.
OhSnap Calorie Tracker uses a combination of custom-built and third-party artificial intelligence ("AI") tools to enhance the Services, including but not limited to food recognition and calorie estimation from photographs.
We leverage a HIPAA-compliant third-party AI provider that:
The Services may also contain links to, or integrations with, third-party websites, applications, or services that are not owned or controlled by OhSnap Calorie Tracker. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of such third-party services is at your own risk and subject to the terms and conditions of those third parties.
The Services may allow you to submit content, including but not limited to food logs, food pictures, and other materials ("User Content"). You retain ownership of your User Content, but by submitting it through the Services, you grant OhSnap Calorie Tracker a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use your User Content solely in connection with operating and improving the Services.
You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate any third party's intellectual property rights, privacy rights, or any applicable law.
We reserve the right, but have no obligation, to review, monitor, or remove User Content at our sole discretion and for any reason, including content that we believe violates these Terms or is otherwise objectionable.
You agree not to use the Services to:
The Services and all content, features, and functionality thereof — including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement — are owned by OhSnap Calorie Tracker, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The OhSnap Calorie Tracker name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of OhSnap Calorie Tracker or its affiliates. You may not use such marks without our prior written permission.
Certain features of the Services may be offered on a subscription basis. If you purchase a subscription, you agree to pay the applicable fees as described in the app at the time of purchase.
Subscriptions automatically renew unless you cancel before the end of the current billing period. You may manage your subscription and turn off auto-renewal through your Apple App Store account settings. Cancellation takes effect at the end of the current paid period.
All purchases are subject to Apple's App Store terms and conditions regarding in-app purchases, refunds, and billing. We do not provide refunds except as required by applicable law or the App Store's refund policies.
We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice, at our sole discretion. You may terminate your account at any time by discontinuing use of the Services and deleting your account through the app settings.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
OhSnap Calorie Tracker, its affiliates, licensors, and service providers make no warranty or representation that: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the Services will be accurate or reliable; (c) the quality of any information, content, or other material obtained through the Services will meet your expectations; or (d) any errors in the Services will be corrected.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OHSNAP CALORIE TRACKER, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
In no event shall OhSnap Calorie Tracker's total aggregate liability to you for all claims arising out of or relating to the use of the Services exceed the amount you have paid to OhSnap Calorie Tracker in the twelve (12) months preceding the event giving rise to such liability, or fifty dollars ($50.00), whichever is greater.
You agree to defend, indemnify, and hold harmless OhSnap Calorie Tracker, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your User Content; or (d) your violation of any third-party rights.
These Terms shall be governed by and construed in accordance with the laws of the State of [YOUR STATE], without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [YOUR CITY, STATE], and the arbitrator's decision shall be final and binding.
You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect, by posting the updated Terms within the app or by sending you a notification. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms of Service, please contact us at:
OhSnap Calorie Tracker
Email: support@ohsnapcalorietracker.com