TERMS OF USE

Welcome to Forkd!

Please read these Terms of Use ("Terms") and our Privacy Notice (the "Privacy Notice") carefully before using the services offered by Vivista SAS, a legal entity incorporated under the laws of France (also "Forkd", "we", "us"). These Terms constitute a legally binding agreement between Forkd and user (also "you", "your"), which regulates your use of the services accessible via Forkd mobile application (the "App") and Forkd website available at https://forkdapp.store/ (the "Site"). To make these Terms easier to read, our services and App are collectively called the "Services."

By using our Services you agree to be bound by these Terms and Privacy Notice. If you do not agree to these Terms, do not use our Services.

Please also note that we will use commercially reasonable efforts to ensure that the Services are free from defects, viruses and other malicious content. We do not promise that the Services are compatible with any third-party software or equipment.

1. Description of Services

1. General. The Forkd Services comprise an AI-powered food tracking app. We aim to provide our users with nutritional insights by analyzing photos of their meals. Some of the Services might not be available at the time and we reserve the right to change, update, or discontinue them on our App at any time. To use the Services, you have to create a personal account with us by using your email or via Apple, Google, or another authorization option available from time to time ("Account"). We will use your email address to create the Account for you and send you the email to confirm the Account details. Your Account will enable access to the Services. Forkd reserves the right to change the functionality of the Services and introduce prices and fees applicable to the Services at any time for any reason in its sole discretion and without prior notice.
2. Analyzing your food. After onboarding, you may choose a photo of food from the gallery of your device ("Meal Photo") or the preset options provided by the App. Forkd artificial intelligence algorithms scan the chosen photo and will provide you with the nutrition score of the dish, which may include detected items, estimated macros, nutrition tips, and/or other information Forkd AI algorithm has identified about your dish ("Nutrition Score").
3. Your profile. Within the App's profile page, you may review meals history, and track your streak for consistent food logging. Additionally, the profile page provides you with the flexibility to edit various aspects, including food habits, eating plans, and other personalized information, ensuring that your engagement with the App remains tailored to your changing needs and preferences.
4. Share & Download. You may share your Meal Photo, Nutrition Score, streak, and other information via social media, e-mail, or otherwise via the functionality of the Services and/or download it directly to your device. You understand and agree that if you choose to share any content from the App, it will be subject to the terms and conditions of the relevant social media platform or other third-party service.

2. Eligibility

You must be at least 16 years old to use Forkd. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have obtained parental or guardian consent. We do not knowingly collect information from children under 16.

3. Subscriptions & Payments

1. Forkd offers both free and premium subscription plans. Premium features are available through a paid subscription.
2. Billing. Subscriptions are billed on a recurring basis (monthly or annually) through the Apple App Store or Google Play Store.
3. Cancellation. You may cancel your subscription at any time through your App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period.
4. Refunds. Refunds are handled in accordance with the policies of Apple App Store or Google Play Store.
5. Free trial. If a free trial is offered, it will automatically convert to a paid subscription unless cancelled before the trial period ends.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations;
• Transmit any harmful, offensive, or unlawful content;
• Attempt to gain unauthorized access to our systems or other users' accounts;
• Reverse engineer, decompile, or disassemble any part of the Service;
• Use the Service for any commercial purpose without our prior written consent;
• Scrape, crawl, or extract data from the Service in an automated manner;
• Impersonate any person or entity.

5. Health Disclaimer

Forkd is a nutritional tracking tool and is not a medical device or service. The information provided through the Service is for general informational purposes only and is not intended as medical advice, diagnosis, or treatment.

Always consult a qualified healthcare professional before making significant changes to your diet, exercise routine, or health practices. We are not responsible for any health outcomes resulting from use of the Service.

Calorie and nutritional estimates provided by our AI are approximations and may not be 100% accurate. Do not rely solely on these estimates for medical or dietary decisions.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Vivista SAS and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You retain ownership of any content you submit to the Service (such as food photos and logs). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and analyze that content solely for the purpose of providing the Service to you.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIVISTA SAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

9. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Paris, France.

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes via in-app notification or email. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

11. Contact Us

If you have any questions about these Terms, please contact us: