Terms and Conditions

Welcome to Bitesight. These Terms and Conditions ("Terms") govern your use of the Bitesight mobile application and any related services (collectively, the "Service") provided by BITESIGHT LTD ("we," "us," or "our"). Our registered office is at 5, Brayford Square, London, E1 0SG, UNITED KINGDOM, and our company number is 16604605.

By creating an account or using our Service, 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. The Service

Bitesight is a smart nutrition tracking application that uses artificial intelligence to provide nutritional estimates from food images and helps you log your meals and track your health goals. The Service includes a free tier with usage limitations and a paid "Premium" subscription with enhanced features and higher usage limits.

2. Medical Disclaimer and AI Limitations

BITESIGHT IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE. The nutritional information provided by our AI analysis feature, including calorie counts, macronutrient data, and any health recommendations, are estimates only and may be inaccurate. Our AI technology, while advanced, is not infallible and may misidentify foods, portions, or nutritional values. This information is intended for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition or before making any significant changes to your diet or exercise routine. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on the Service. BITESIGHT LTD expressly disclaims all warranties, whether express or implied, including the accuracy, completeness, or reliability of any nutritional data or AI analysis results.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT BITESIGHT LTD IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS, ADVERSE REACTIONS, OR CONSEQUENCES THAT MAY RESULT FROM INFORMATION YOU OBTAIN THROUGH THE SERVICE.

3. User Accounts

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain the security of your account and password
• Be responsible for all activities that occur under your account
• Be at least 16 years of age to create an account

4. Subscriptions and Payments

a. Premium Subscription

We offer a Premium subscription that provides access to enhanced features, such as higher limits on AI food analyses and additional functionality.

b. Billing

Subscriptions are billed on a monthly or annual basis. All payments are processed by our secure payment processor. By purchasing a subscription, you agree to their terms of service. We do not store your full payment card information.

c. Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel it. You authorize us to charge your payment method for the renewal term.

d. Cancellation

You may cancel your Premium subscription at any time through the app's settings or your mobile device's subscription management platform. Your cancellation will take effect at the end of the current billing period, and you will retain access to Premium features until that date. We do not provide refunds for partial subscription periods.

5. User Content

You retain ownership of all the information, images, and data you upload or log in the Service ("User Content"). However, by using the Service, you grant BITESIGHT LTD a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and process your User Content solely for the purpose of providing, maintaining, and improving the Service.

You are solely responsible for your User Content and agree not to upload any content that is illegal, offensive, or infringes on the rights of others. We reserve the right to remove any User Content that violates these Terms.

6. Acceptable Use

You agree not to misuse the Service. This includes, but is not limited to:

• Using the Service for any illegal purpose or in violation of any local, national, or international law
• Attempting to reverse engineer, decompile, or otherwise access the source code of the application
• Interfering with the operation of the Service or any user's enjoyment of it, including by uploading or otherwise disseminating viruses or malicious code
• Attempting to circumvent any usage limits or rate-limiting measures we have in place

7. Intellectual Property Rights

7.1 Our Rights

The Service and its entire contents, features, functionality, software, source code, algorithms, user interface, and design are owned by BITESIGHT LTD and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United Kingdom and international treaties. All rights not expressly granted to you are reserved by BITESIGHT LTD.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use only. Nothing in these Terms gives you a right to use the BITESIGHT name, trademarks, logos, domain names, or other distinctive brand features.

7.3 Your Content License to Us

While you retain ownership of your User Content, by submitting content to the Service, you grant BITESIGHT LTD a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, publicly display, and create derivative works from your content for the purpose of operating, promoting, and improving the Service, including training our AI models.

7.4 Feedback

Any feedback, suggestions, improvements, or ideas you provide regarding the Service become our exclusive property and may be used without any obligation to compensate you. You hereby assign all rights in such feedback to BITESIGHT LTD.

8. Disclaimers and Limitation of Liability

8.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BITESIGHT LTD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AND UNINTERRUPTED OPERATION.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BITESIGHT LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, goodwill, or use
• Personal injury, property damage, or death
• Any health-related issues, adverse reactions, or medical conditions
• Reliance on nutritional information or AI analysis results
• Unauthorized access to your account or data breaches
• Service interruptions, errors, or inaccuracies
• Cost of procurement of substitute goods or services

8.3 Liability Cap

NOTWITHSTANDING ANYTHING TO THE CONTRARY, BITESIGHT LTD'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO BITESIGHT LTD FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED POUNDS (£100).

8.4 Essential Purpose

You acknowledge that these limitations are reasonable and reflect the allocation of risk between the parties. The limitations will apply even if BITESIGHT LTD has been advised of the possibility of such damages and even if any limited remedy fails of its essential purpose.

9. Indemnification

You agree to defend, indemnify, and hold harmless BITESIGHT LTD, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees and costs) arising from or relating to:

• Your use of the Service or any violation of these Terms
• Your User Content or any content you submit to the Service
• Your violation of any third-party rights, including intellectual property rights
• Any health issues, injuries, or damages resulting from your reliance on the Service
• Your violation of any applicable laws or regulations
• Any fraudulent, negligent, or intentional acts or omissions by you

This indemnification obligation will survive termination of these Terms and your use of the Service. BITESIGHT LTD reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in the app. Upon termination, your right to use the Service will cease immediately.

10.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms or any applicable law
• Fraudulent, abusive, or harmful behavior
• Non-payment of subscription fees
• Violation of our Acceptable Use policy
• At our sole discretion for any or no reason

10.3 Effect of Termination

Upon termination: (a) your right to use the Service will cease immediately; (b) we may delete your account and all associated data; (c) all provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability; and (d) no refunds will be provided except as required by applicable law.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any disputes arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

11.2 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be subject to mandatory mediation, and if unsuccessful, binding arbitration under the London Court of International Arbitration (LCIA) Rules. The arbitration shall be conducted by a single arbitrator in London, England, in English.

11.3 Court Jurisdiction

If arbitration is not successful or not applicable, any legal action or proceeding shall be brought exclusively in the courts of England and Wales, and you irrevocably consent to the personal jurisdiction and venue of such courts. BITESIGHT LTD may seek injunctive relief in any court of competent jurisdiction.

11.4 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and BITESIGHT LTD individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Force Majeure

BITESIGHT LTD shall not be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, power outages, telecommunications or internet failures, or any other cause beyond our reasonable control. If such event continues for more than ninety (90) days, either party may terminate these Terms upon written notice.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the intent and economic effect of the invalid provision.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and BITESIGHT LTD regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral, concerning the subject matter hereof. No modification or amendment to these Terms shall be effective unless in writing and signed by an authorized representative of BITESIGHT LTD.

15. No Waiver

No failure or delay by BITESIGHT LTD in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies provided by law.

16. Assignment

BITESIGHT LTD may assign, transfer, or delegate these Terms and our rights and obligations hereunder, in whole or in part, without your consent. You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder, in whole or in part, without our prior written consent. Any attempted assignment by you in violation of this section shall be null and void.

17. Changes to These Terms

We may revise these Terms from time to time. The most current version will always be available within the app. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.