SmartEating Terms of Service

The Service is provided by:

The App is distributed through Apple’s App Store. Apple is not a party to these Terms.

You may use SmartEating only if:

• you are at least 18 years old;
• you can enter into a binding agreement under applicable law; and
• your use is not prohibited by law in your country of residence or use.

SmartEating is not directed to children under 18, and we do not knowingly allow anyone under 18 to create an account or provide health data.

SmartEating is a general wellness and lifestyle product that:

• helps you log meals and other nutrition-related information;
• connects with Apple Health or supported wearables (for example Oura) when you enable those connections;
• generates AI-based suggestions, meal ideas, plans and educational content;
• supports goal setting, progress tracking and reflection; and
• allows you to share selected information with a personal trainer or coach if you explicitly enable that feature.

SmartEating is not a medical device. It is not intended to diagnose, treat, cure, mitigate or prevent any disease or medical condition. See Section 5 for more health and safety information.

SmartEating operates through a waitlist. Registering does not create a subscription or contract for the paid Service, does not oblige us to give you access, and does not oblige you to subscribe. We may prioritise, invite or decline waitlist requests at our discretion, for example due to capacity, geography, platform requirements or abuse concerns.

SmartEating gives general nutrition, activity and wellness information based on the data you provide and on public standards and research. It does not replace professional medical, dietary, psychological or other qualified advice, diagnosis or treatment.

You must not use SmartEating as your sole basis for decisions about:

• any medical or mental-health condition;
• pregnancy or breastfeeding;
• eating disorders or a history of disordered eating;
• significant caloric restriction, fasting or weight loss;
• prescription medication, dosages or interactions;
• clinical nutrition needs (for example diabetes, kidney disease, cardiovascular disease, cancer, celiac disease or severe allergies); or
• training regimens with material physical risk.

Always seek advice from a qualified healthcare professional before starting, changing or stopping any diet, activity, supplement or medical treatment.

If you experience symptoms suggesting an urgent or serious condition — including chest pain, severe shortness of breath, fainting, bleeding, thoughts of self-harm or suicide, or another emergency — contact emergency services or a qualified professional immediately. Do not rely on SmartEating.

You are responsible for how you act on any information from SmartEating. You accept full responsibility for that use.

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

• provide accurate, current and complete information;
• keep your credentials confidential and secure;
• not share your account with others; and
• notify us promptly if you suspect any unauthorised use.

You are responsible for all activity that occurs under your account, unless it results from our own breach of law or these Terms.

“User Content” means content you submit to SmartEating, including profile information, food entries, notes, images, documents, voice and other input. As between you and us, you retain ownership of your User Content. You grant Smart Lifestyle a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, process, adapt and use your User Content only as necessary to operate, provide, secure, improve and develop the Service, and to comply with legal obligations, in accordance with the Privacy Policy. This licence ends when your User Content is deleted from active systems, except for retained records described in the Privacy Policy or otherwise required by law.

SmartEating uses AI models and services (currently including OpenAI and Anthropic) to generate suggestions, meal plans, chat responses, voice interactions and other output. You understand and accept that AI-generated output:

• may be inaccurate, incomplete, out of date or not suitable for you;
• must not be treated as medical, dietetic, psychological, legal or other professional advice; and
• must not be used as the sole basis for important decisions.

You are responsible for reviewing and evaluating any AI-generated content before acting on it. You must not use SmartEating to generate content that is unlawful, harmful, harassing, defamatory or that violates another person’s rights, or in a way that damages SmartEating or its providers.

SmartEating can connect to third-party services, including:

• Apple Health (via Apple’s HealthKit framework);
• wearable and health data providers such as Oura; and
• personal trainers or coaches you choose to link to your account.

Third-party services are provided by third parties under their own terms and privacy policies. Smart Lifestyle is not responsible for their availability, accuracy, security or acts. You are responsible for reviewing and complying with those terms. You can revoke connections in SmartEating and, where applicable, in your device or provider settings.

You agree not to:

• use SmartEating in violation of any applicable law;
• use SmartEating for medical diagnosis or treatment or in a way that a reasonable person would consider unsafe;
• submit false, misleading or another person’s personal or health information without proper authority;
• reverse engineer, decompile or attempt to extract source code, models, prompts, keys or training data, except to the extent applicable law expressly permits;
• resell, sublicense or commercially exploit the Service beyond your personal use, except as agreed with us in writing;
• circumvent security, rate limits or access controls, or interfere with the operation of the Service;
• use the Service to build, train or evaluate competing AI models or products; or
• upload malware or otherwise attempt to harm the Service, other users or third parties.

We may investigate suspected violations and take appropriate action, including limiting or suspending your account.

Some features of SmartEating are available only through a paid subscription. Subscriptions are sold through the App Store and are subject to Apple’s billing terms and the terms displayed in the App at the time of purchase.

Unless the App shows otherwise:

• subscription fees are charged through your Apple account;
• subscriptions renew automatically for successive periods at the price and interval shown in the App unless auto-renewal is turned off at least 24 hours before the end of the current period;
• the payment is charged to your Apple account within 24 hours before the current period ends when auto-renewal is on; and
• you can manage or cancel your subscription in your Apple account settings; deleting the App or your SmartEating account does not automatically cancel an App Store subscription.

Purchases through the App Store are governed by Apple’s standard refund and consumer rules. Consumer-protection rights that cannot be waived under mandatory law in your country of residence continue to apply.

We may change subscription pricing, plans or benefits for future billing periods. If a change materially affects your rights, we will provide notice in the App or by other reasonable means before the change takes effect. Continued use after a change indicates acceptance for future periods.

We may offer free trials or promotional pricing. Unless we clearly say otherwise, a free trial converts to a paid subscription at the end of the trial period at the applicable price, and you may cancel through your Apple account at any time to avoid future charges. Only one trial or promotional discount per user, unless the offer says otherwise.

SmartEating and all related software, models, prompts, designs, text, graphics, sounds, logos, trademarks and other content (other than your User Content and third-party content) are owned by Smart Lifestyle or its licensors and are protected by intellectual-property and other laws. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to install and use the App on Apple devices that you own or control, and to use the Service, for your own personal, non-commercial use only. No other rights are granted. All rights not expressly granted are reserved.

If you send us feedback, ideas or suggestions, you grant Smart Lifestyle a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction, obligation to compensate you or any other obligation.

We may improve, update, discontinue or modify features of the Service at any time, including AI models, third-party integrations, waitlist behaviour, plans and pricing. Where a change materially reduces functionality of a paid feature you have already been granted access to, we will give reasonable advance notice through the App or another appropriate channel.

You may stop using SmartEating at any time. You can delete your account through the App or by contacting support@smarteating.ai, subject to the retention rules in the Privacy Policy.

We may suspend or terminate your access to the Service or your account, in whole or in part, with or without notice, if we reasonably believe that:

• you have violated these Terms or applicable law;
• your use may harm us, other users, third parties or the Service;
• we are required to do so by law or by a competent authority; or
• we discontinue the Service or a material feature.

On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including Sections 5, 12, 16, 17, 18 and 19) will survive.

Except as expressly required by mandatory law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, statutory or otherwise. To the fullest extent permitted by law, Smart Lifestyle disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability and quiet enjoyment.

We do not warrant that the Service will be uninterrupted, error-free, secure, free of harmful components or that any content, output, connected data or recommendation is accurate, complete, current, reliable or suitable for you. Any decisions you make based on the Service are your responsibility.

Nothing in this Section limits any rights you have as a consumer that cannot be waived under applicable mandatory law.

To the fullest extent permitted by law, Smart Lifestyle and its officers, directors, employees, contractors, agents, suppliers and licensors will not be liable for:

• any indirect, incidental, special, consequential, exemplary or punitive damages;
• loss of profits, revenue, business, goodwill, data, health outcomes, savings or opportunity; or
• damages resulting from your reliance on any information, output, plan, recommendation, third-party service, connected data or content from the Service.

To the fullest extent permitted by law, our aggregate liability arising out of or relating to the Service and these Terms in any 12-month period is limited to the greater of:

• the total amount you paid to us (or to Apple as our payment collector) for the Service in the 12 months preceding the event giving rise to the claim; and
• one hundred euros (EUR 100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory law, including liability for personal injury or death caused by our negligence, fraud, fraudulent misrepresentation or gross negligence, and any liability that cannot be waived under mandatory consumer-protection law.

This Section applies to your use of SmartEating on iOS or another Apple platform. In case of conflict with the rest of these Terms, this Section prevails for that use.

• These Terms are between you and Smart Lifestyle only, and not with Apple. Apple is not responsible for SmartEating or its content.
• You are granted a non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by Apple’s applicable App Store terms.
• Smart Lifestyle, not Apple, is responsible for providing any maintenance or support for the App.
• To the maximum extent permitted by applicable law, Apple has no warranty obligation whatsoever with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
• Smart Lifestyle, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your use of it, including product-liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy or similar law.
• In the event of a third-party claim that the App or your use of it infringes that third party’s intellectual-property rights, Smart Lifestyle, not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.
• You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo, or 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.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

These Terms are governed by the laws of Norway, without regard to conflict-of-laws principles. Mandatory consumer-protection rules of the country where you have your habitual residence continue to apply where they provide protection that cannot be derogated from by agreement.

The courts of Norway have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, subject to any mandatory consumer forum available to you under applicable law. Where local law allows, disputes will be handled by the Hedmark District Court (Hedmarken tingrett) as first venue.

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign or transfer these Terms without our consent. We may assign or transfer these Terms in connection with a merger, acquisition, reorganisation or sale of assets, or by operation of law.

For questions about these Terms, please contact support@smarteating.ai.