Trackbie Terms and Conditions

Please read these Terms and Conditions ("Terms") carefully before downloading or using Trackbie.

1. Who These Terms Are Between

These Terms apply to the Trackbie mobile application, together with any related services (collectively, the "Application" or the "Service"), operated by Trackbie ("Service Provider," "we," "us," or "our").

By downloading, accessing, or using the Application, you ("you" or "User") agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not download or use the Application.

2. Definitions

• "Application" means the Trackbie mobile app, including all related features, tools, content, and updates.
• "User Content" means any text, food descriptions, photographs, voice recordings/transcriptions, or other content you upload, submit, or transmit through the Application, including data you provide to the AI coach.
• "Service Provider," "we," "us," "our" means Trackbie, operator of the Application.
• "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the Service Provider.

3. Eligibility and Age Requirement

You must be at least 18 years old to use the Application. By creating an account or using the Service, you represent and warrant that:

• you are at least 18 years of age;
• you are legally capable of entering into a binding agreement in your jurisdiction; and
• your use of the Application does not violate any applicable law in your jurisdiction.

The Application is not directed at, marketed to, or intended for use by anyone under 18. We do not knowingly permit anyone under 18 to register. If we learn that an account belongs to someone under 18, we will terminate the account and delete the associated personal data, consistent with our Privacy Policy. There is no parental-consent pathway for use by minors — the Application is simply not available to anyone under 18.

4. License to Use the Application

Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Application on a device you own or control, for your personal, non-commercial use.

You may not:

• copy, modify, distribute, sell, lease, or sublicense the Application;
• reverse engineer, decompile, or disassemble the Application, except to the extent expressly permitted by applicable law notwithstanding this restriction;
• remove, alter, or obscure any copyright, trademark, or proprietary notice in the Application;
• use the Application for any unlawful purpose or in violation of these Terms.

5. Health, Nutrition, and Safety Disclaimer

• Calorie counts, macronutrient breakdowns, fiber estimates, TDEE calculations, and all other nutritional outputs generated by the Application's AI are automated approximations based on the information you provide (text, voice, or photo) and may be incomplete, inaccurate, or unsuitable for your specific circumstances.
• The Application is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition, and the AI coach's responses are general, data-informed guidance — not personalized clinical advice.
• You should consult a licensed physician, registered dietitian, or other qualified healthcare professional before making changes to your diet, exercise routine, or health regimen, particularly if you are pregnant or nursing, have a pre-existing medical condition (including any history of disordered eating), are taking medication, or are under 18 and using the Application with guardian awareness in a jurisdiction that permits it.
• If you have or suspect a medical emergency, contact emergency services immediately. Do not rely on the Application in an emergency.
• The Service Provider is not liable for any decision made, or action taken, in reliance on information generated by the Application, to the fullest extent permitted by applicable law.

If you notice signs of an unhealthy relationship with food, calorie tracking, or exercise in yourself while using the Application, please stop using tracking features and speak with a healthcare professional or a trusted person in your life.

6. User Content and License Grant

You retain ownership of the User Content you submit. By submitting User Content (including meal photos, food descriptions, voice input, and messages to the AI coach), you represent that you own it or otherwise have the right to submit it, and you grant the Service Provider a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, and analyze that User Content — including by transmitting it to third-party AI providers as described in our Privacy Policy — solely for the purposes of:

• operating, providing, and maintaining the Service;
• generating your nutritional analysis, insights, and coaching responses;
• improving and troubleshooting the Application's features and AI accuracy;
• complying with law or protecting the rights, safety, and property of the Service Provider and other users.

We do not sell your User Content, and we do not use it to train third-party general-purpose AI models unless we have your separate, explicit opt-in consent. This license ends when you delete the relevant content or your account, except to the extent copies are retained for the periods described in our Privacy Policy (e.g., backups, legal compliance, or aggregated/de-identified data that no longer identifies you).

You agree not to upload User Content that is unlawful, infringing, defamatory, abusive, sexually explicit involving minors (which is prohibited absolutely and will be reported to relevant authorities), or that violates the privacy rights of any third party (for example, a photo of another identifiable person without their consent).

7. Prohibited Uses

You agree not to:

• upload unlawful, harmful, threatening, abusive, or infringing content;
• use the Application to harass, defame, or impersonate any person;
• reverse engineer, scrape, or conduct competitive analysis of the Application or its AI systems;
• attempt to circumvent security measures or gain unauthorized access to any part of the Service;
• upload images of identifiable individuals without their lawful consent;
• use automated means (bots, scripts) to access or interact with the Application outside of normal use;
• interfere with or disrupt the integrity or performance of the Service.

We reserve the right to investigate and take appropriate action — including content removal, account suspension, or termination — against anyone who violates this section, and to report unlawful activity (including content involving harm to minors) to law enforcement.

8. Artificial Intelligence Features

The Application uses AI technologies, including third-party AI model providers, to power food logging, nutritional analysis, and the AI coach. By using these features, you acknowledge that:

• your food descriptions, voice input, and photos are processed by AI systems to generate outputs, as described in our Privacy Policy;
• AI-generated outputs are estimates and may contain errors (see Section 5);
• the Service Provider takes reasonable steps to ensure AI use complies with applicable law, but cannot guarantee the accuracy, completeness, or reliability of any AI-generated content.

9. Subscriptions, Billing, and In-App Purchases

If the Application offers paid subscriptions or in-app purchases, these are processed through third-party platforms (the Apple App Store and/or Google Play Store, or a listed third-party payment processor). Payment processing, billing, renewals, and refunds are governed by that platform's own terms and policies, not by the Service Provider directly.

Where subscriptions auto-renew, they will do so unless cancelled in accordance with the relevant app store's cancellation process before the renewal date. Refund requests are handled by the applicable app store in accordance with its own policies, except where applicable consumer protection law grants you a direct right against the Service Provider.

10. Intellectual Property

Except for User Content, all rights, title, and interest in the Application — including its code, design, AI prompts/workflows, trademarks, logos, and branding — belong exclusively to the Service Provider or its licensors. Nothing in these Terms transfers any such rights to you. You may not use the Trackbie name, logo, or branding without prior written permission.

11. Third-Party Services

The Application relies on third-party infrastructure and services, including but not limited to Expo (application framework and update infrastructure) and the AI model providers identified in our Privacy Policy. These third parties have their own terms and privacy policies, which govern their handling of data. The Service Provider does not control, and is not responsible for, the practices or availability of these third-party services.

Some features of the Application require an active internet connection. The Service Provider is not responsible for the Application's performance where connectivity is limited or unavailable, or for any data charges you incur from your network provider, including while roaming. If you are not the bill payer for your device, we assume you have obtained the bill payer's permission to use the Application.

12. Termination

We may suspend or terminate your access to the Application if you materially breach these Terms. Where the breach is capable of remedy, we will provide notice and a reasonable opportunity (generally 14 days) to cure it before termination. We may suspend or terminate your access immediately, without notice, if you violate applicable law, infringe intellectual property or privacy rights, or engage in conduct that risks harm to other users, minors, or the Service Provider.

Upon termination, your license to use the Application ends immediately, and you must delete the Application from your devices. Sections that by their nature should survive termination (including Sections 5, 6, 10, 13–19) will survive.

We may also modify, suspend, or discontinue the Application (in whole or part) at any time. Where reasonably possible, we will provide notice of material discontinuation affecting paid subscribers.

13. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Application is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or that the Service will be uninterrupted, secure, or error-free. Nothing in this section excludes or limits any warranty that cannot lawfully be excluded under the law of your jurisdiction (for example, certain statutory consumer guarantees).

14. Limitation of Liability

To the fullest extent permitted by applicable law:

• The Service Provider shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or business interruption, arising from your use of, or inability to use, the Application — even if advised of the possibility of such damages.
• The Service Provider's total aggregate liability for any claim arising out of or relating to these Terms or the Application shall not exceed the greater of (a) the amount you paid the Service Provider for the Application in the 12 months preceding the claim, or (b) the minimum amount required by applicable law. If the Application (or the relevant feature) is provided free of charge, liability is limited to the minimum amount permitted by applicable law.
• Nothing in these Terms excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot lawfully be excluded or limited in your jurisdiction.
• The Service Provider is not liable for losses arising from your reliance on third-party information, inaccurate AI-generated nutritional estimates (see Section 5), or third-party service outages (Section 11).

15. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the Service Provider and any Affiliates, officers, or agents from claims, liabilities, damages, and reasonable legal expenses arising out of: (a) your breach of these Terms; (b) your intentional misuse of the Application; or (c) User Content you submit in violation of these Terms or applicable law. This indemnity does not apply to claims arising from the Service Provider's own negligence, breach of these Terms, or violation of law, and is limited to the maximum extent permitted where consumer-protection law restricts indemnification obligations.

16. Governing Law and Dispute Resolution

Governing law. These Terms are governed by the laws of India, excluding conflict-of-law rules, except to the extent mandatory consumer-protection law in your country of residence provides otherwise (in which case that mandatory law applies to the extent required).

Dispute resolution. Any dispute arising out of or relating to these Terms will be brought exclusively before the competent courts of India, without prejudice to any mandatory right you may have to bring a claim in your local courts under consumer-protection law.

17. EU Digital Services Act (DSA) — Conditional Provisions

To the extent the Application is considered an "intermediary service" under Regulation (EU) 2022/2065 (the "DSA") because it hosts or displays User Content visible to other users (e.g., leaderboard names, shared content, or future community features), the following apply:

• Point of contact: sachinmehroliya13713@gmail.com.
• Statement of reasons: if we restrict, remove, or suspend access to content or an account, we will provide the affected user a clear statement of the reasons, legal/contractual basis, and available redress options, consistent with Article 17 DSA.
• Notice-and-action: users may report allegedly illegal content to sachinmehroliya13713@gmail.com; we will process such notices diligently and, where circumstances require, with human review, consistent with Article 16 DSA.
• Out-of-court dispute settlement: content-moderation disputes may be referred to a certified out-of-court dispute settlement body under Article 21 DSA; this does not affect your right to pursue judicial remedies.

These provisions apply only to the extent the Application actually functions as a DSA-covered intermediary service; they do not expand or limit your rights under applicable consumer or data-protection law.

18. General Provisions

• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full effect.
• No waiver. Failure to enforce any right under these Terms is not a waiver of that right.
• Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Service Provider regarding the Application, superseding any prior agreements.
• Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, subject to the notice requirements in our Privacy Policy.
• Updates to the Application. We may release updates to the Application. Continued use of the Application after an update is offered may require you to install it; we do not guarantee ongoing support for outdated versions.
• Changes to these Terms. We may update these Terms from time to time. Material changes will be announced through reasonable notice (e.g., in-app notice or posting the updated Terms with a new effective date). Continued use after the effective date of an update constitutes acceptance. Previous versions of these Terms are available on request at sachinmehroliya13713@gmail.com.

19. Contact Us

If you have questions about these Terms, contact: