Terms of Service

Last Updated: January 2025

Welcome to Fruit Identifier. These Terms of Service ("Terms") govern your use of our mobile application. By downloading, installing, or using Fruit Identifier, you agree to be bound by these Terms. If you do not agree, please do not use our app.

1. Acceptance of Terms

By accessing and using Fruit Identifier, you accept and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all users of the app, including free and premium subscribers.

2. Description of Service

Fruit Identifier is an AI-powered mobile application that:

3. Free and Premium Services

3.1 Free Tier

Free users receive:

3.2 Premium Subscriptions

Premium subscribers receive unlimited scans and access to:

3.3 Subscription Plans

4. Subscription Terms

4.1 Payment

Subscriptions are processed through Apple's In-App Purchase system. Payment is charged to your iTunes Account at confirmation of purchase.

4.2 Auto-Renewal

Monthly and yearly subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

4.3 Managing Subscriptions

You can manage your subscriptions and turn off auto-renewal in your iTunes Account Settings after purchase. No cancellation of the current subscription is allowed during the active subscription period.

4.4 Free Trial

If we offer a free trial, you must cancel before the trial period ends to avoid being charged. The subscription automatically begins after the trial period unless canceled.

4.5 Refunds

Refunds are handled by Apple according to their refund policy. We do not have access to refund subscription payments directly. To request a refund, contact Apple Support.

5. User Obligations

You agree to:

6. Intellectual Property

6.1 Our Content

All content in Fruit Identifier, including but not limited to text, graphics, logos, images, software, and nutritional data, is owned by us or our licensors and protected by intellectual property laws.

6.2 Your Content

You retain ownership of photos you upload. By using our service, you grant us a limited license to process your photos through AI for fruit identification purposes only. We do not permanently store or use your photos for any other purpose.

6.3 Third-Party Content

Nutritional data is sourced from USDA FoodData Central. AI processing is powered by OpenAI. We do not claim ownership of third-party content.

7. Disclaimer of Warranties

Fruit Identifier is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

8. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for:

Our total liability shall not exceed the amount you paid for the subscription (if any) in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses (including legal fees) arising from:

10. Third-Party Services

Our app integrates with third-party services:

We are not responsible for third-party services or their terms.

11. Data and Privacy

Your use of Fruit Identifier is also governed by our Privacy Policy. By using the app, you consent to our data practices as described in the Privacy Policy.

12. Changes to Service

We reserve the right to:

We will notify users of material changes through the app or email.

13. Termination

13.1 By You

You may stop using the app and delete it at any time. Cancel subscriptions through iTunes Account Settings.

13.2 By Us

We may suspend or terminate your access if you:

13.3 Effect of Termination

Upon termination:

14. Age Requirements

You must be at least 13 years old to use Fruit Identifier. If you are under 18, you must have parental consent. By using the app, you represent that you meet these requirements.

15. Geographic Restrictions

Fruit Identifier is available worldwide. However, some features may not be available in all regions due to legal or technical limitations.

16. Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles. Any disputes shall be resolved in the courts of [Your Jurisdiction].

17. Dispute Resolution

17.1 Informal Resolution

Before filing a claim, you agree to contact us at support@thefruitai.app to attempt informal resolution.

17.2 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration rather than in court, except for small claims court.

17.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the app.

20. Changes to Terms

We may update these Terms from time to time. Material changes will be notified through:

Continued use after changes constitutes acceptance of the updated Terms.

21. Contact Information

For questions, concerns, or support:

22. Apple-Specific Terms

If you download the app from the Apple App Store:

23. Acknowledgment

By using Fruit Identifier, you acknowledge that:

Thank you for using Fruit Identifier! 🍎

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