Terms of Service

1. Acceptance of Terms

By downloading, accessing, or using AllergySpot (the "App" or "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

If you are using the Service on behalf of a minor child, you represent that you are the parent or legal guardian and have the authority to agree to these Terms on their behalf.

2. Description of Service

AllergySpot is a mobile application that helps parents and caregivers:

• Track meals and food intake with photos and descriptions
• Log allergic reactions and symptoms
• Identify potential patterns between foods and delayed reactions
• Generate reports for healthcare providers
• Store all data locally on their device for privacy

The Service uses artificial intelligence to analyze food content and help identify patterns, but all health data remains on your device unless you explicitly choose to share it.

3. Medical Disclaimer

You acknowledge that:

• AllergySpot is not a medical device
• We are not healthcare providers
• The AI analysis is not a substitute for allergy testing
• You should work with healthcare providers for diagnosis and treatment

4. Eligibility and Account

Age Requirements:

• You must be at least 18 years old to use the Service
• The Service is designed for parents/caregivers to track children's reactions
• Children should not use the Service directly

Anonymous Usage:

You can use AllergySpot without creating an account. The app will generate an anonymous device identifier that allows you to access all features while maintaining your privacy. Anonymous users have the same daily usage limits as trial accounts.

Optional Account Creation:

Creating an account is optional and provides additional benefits:

• Higher daily usage limits for AI analysis
• Ability to sync data across devices (coming soon)
• Access to premium features with subscription

Account Responsibilities:

If you choose to create an account:

• You are responsible for maintaining the confidentiality of your account
• You are responsible for all activities that occur under your account
• You must provide accurate and complete information
• You must notify us immediately of any unauthorized use

5. Subscription and Payment

Free Usage:

AllergySpot can be used for free with daily usage limits. Anonymous users and trial accounts have access to core features with a limit of 10 AI analyses per day. No credit card is required.

Optional Subscription Plans:

For users who need higher limits or premium features:

• Monthly Plan: $7.99 per month - 50 AI analyses per day
• Annual Plan: $63.99 per year (save 33%) - 50 AI analyses per day
• Priority support and future premium features

Payment Terms:

• Payments are processed through the App Store or Google Play Store
• Subscriptions automatically renew unless cancelled
• Prices may vary by region and are subject to change
• You can cancel anytime through your device's app store settings

Refund Policy:

Refunds are handled according to the policies of the App Store or Google Play Store where you purchased your subscription. We cannot directly process refunds for in-app purchases.

6. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Share your account with others or allow others to access your account
• Attempt to reverse engineer, decompile, or hack the Service
• Use the Service to track adults without their consent
• Upload inappropriate, offensive, or harmful content
• Use automated systems or software to extract data from the Service
• Interfere with or disrupt the Service or servers
• Circumvent any security or authentication measures

7. Intellectual Property

Our Property:

The Service, including its design, features, and content, is owned by 51 New York and is protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute the Service or its content
• Use our trademarks without permission
• Remove any copyright or proprietary notices

License to Use:

We grant you a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes in accordance with these Terms.

8. Your Content

Ownership:

You retain all rights to the content you create in the App, including photos, descriptions, and notes. Your health data remains yours and stays on your device.

Limited License for AI Processing:

When you choose to use AI analysis features, you grant us a limited license to:

• Process your photos and descriptions through AI services
• Return analysis results to you
• Use anonymized patterns to improve our AI prompts (no personal data)

9. Privacy

Your privacy is fundamental to our Service. Our use of your information is governed by our Privacy Policy, which is incorporated into these Terms. By using AllergySpot, you agree to our Privacy Policy.

10. Disclaimers and Limitations

Service Provided "AS IS":

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

No Guarantee of Accuracy:

We do not guarantee that:

• The Service will be error-free or uninterrupted
• AI analysis will be 100% accurate
• Pattern detection will identify all food triggers
• The Service will meet your specific requirements

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALLERGYSPOT AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless AllergySpot, 51 New York, and their affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

12. Termination

Your Right to Terminate:

You may stop using the Service at any time. You can delete your account through the app settings or by contacting us at support@allergyspot.app.

Our Right to Terminate:

We may terminate or suspend your account immediately, without prior notice or liability, if you breach these Terms or for any other reason at our sole discretion.

Effect of Termination:

• Your right to use the Service will cease immediately
• You remain responsible for any charges incurred before termination
• Your local data remains on your device unless you delete the app
• Provisions that should survive termination will remain in effect

13. Changes to Terms

We may modify these Terms at any time. If we make material changes:

• We'll update the "Effective Date" at the top
• We'll notify you via email or in-app notification
• You'll need to accept the new Terms to continue using the Service

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

14. General Provisions

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Dispute Resolution:

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that you may assert claims in small claims court if your claims qualify.

Severability:

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.

Entire Agreement:

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

15. Contact Information

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