Terms of Service

Agreement to Terms

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

Description of Service

KetoLens is a mobile application that uses artificial intelligence to help users track their ketogenic diet by:

• Analyzing photos of meals to identify foods and estimate nutritional content.
• Tracking daily carbohydrate intake.
• Providing a "Ketosis Battery" visualization of ketosis likelihood.
• Allowing manual entry of ketone measurements.
• Detecting potential hidden carbohydrates in foods.

Health Disclaimer

• The App provides estimates of nutritional content based on AI analysis. These estimates may be inaccurate.
• The "Ketosis Battery" feature shows a likelihood of ketosis, not a medical measurement of ketosis state.
• Hidden carbohydrate warnings are suggestions based on pattern matching, not definitive analysis.
• Macro and calorie information is displayed as ranges because exact values cannot be determined from photos alone.

You should:

• Consult a healthcare provider before starting any diet, including a ketogenic diet.
• Not rely solely on this App for dietary or health decisions.
• Use actual ketone measuring devices if you need accurate ketosis measurements.
• Seek medical attention for any health concerns.

We are not responsible for:

• Health outcomes related to dietary choices you make.
• Inaccuracies in AI-generated nutritional estimates.
• Decisions made based on App data without consulting healthcare professionals.

Account Registration

To use certain features of the App, you may need to create an account. You agree to:

• Provide accurate and complete registration information.
• Maintain the security of your account credentials.
• Promptly update your information if it changes.
• Accept responsibility for all activities under your account.
• Notify us immediately of any unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms.

Acceptable Use

You agree NOT to:

• Use the App for any illegal purpose.
• Upload content that infringes intellectual property rights.
• Upload inappropriate, offensive, or harmful content.
• Attempt to gain unauthorized access to our systems.
• Interfere with or disrupt the App or servers.
• Use automated systems or bots to access the App.
• Reverse engineer, decompile, or disassemble the App.
• Remove or alter any proprietary notices or labels.
• Use the App to collect information about other users.
• Impersonate any person or entity.

User Content

Your Content

You retain ownership of photos and data you upload to the App ("User Content"). By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to:

• Process your photos for AI analysis.
• Store your data to provide the service.
• Use anonymized, aggregated data to improve our services.

Content Removal

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without prior notice.

Intellectual Property

Our Property

The App, including its design, features, code, and content (excluding User Content), is owned by KetoLens and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

Feedback

If you provide feedback, suggestions, or ideas about the App, you grant us the right to use such feedback without compensation or attribution to you.

Subscription and Payments

Free Tier

The App offers a free tier with limited features (e.g., up to 3 meal analyses per day).

Premium Features

Premium features may be offered through in-app purchases or subscriptions. By purchasing:

• You agree to pay all applicable fees.
• Subscriptions auto-renew unless cancelled before the renewal date.
• Refunds are subject to the policies of your app store (Apple App Store or Google Play).

Price Changes

We may change subscription prices with reasonable notice. Price changes will apply to subsequent billing periods.

Third-Party Services

The App uses third-party services including:

• Amazon Web Services (AWS) for cloud infrastructure, storage, and authentication (Cognito).
• AWS Bedrock with Claude AI (Anthropic) for AI food analysis.
• Google Gemini API for AI food analysis (used as an alternate vision provider).
• Google Firebase Cloud Messaging for push notifications.
• Fastmail for email delivery.
• Google Sign-In and Apple Sign-In for authentication (optional).

Your use of these services through the App is subject to their respective terms of service and privacy policies.

Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY.
• FITNESS FOR A PARTICULAR PURPOSE.
• NON-INFRINGEMENT.
• ACCURACY OR COMPLETENESS OF CONTENT.
• RESULTS FROM USE OF THE APP.

WE DO NOT WARRANT THAT:

• The App will be uninterrupted or error-free.
• Defects will be corrected.
• The App or servers are free of viruses or harmful components.
• AI-generated nutritional information is accurate.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
• WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES.
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS (OR $50 IF YOU HAVE NOT MADE ANY PAYMENTS).

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless KetoLens, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the App.
• Your violation of these Terms.
• Your violation of any rights of third parties.
• Your User Content.

Termination

By You

You may stop using the App at any time and delete your account through the App settings.

By Us

We may suspend or terminate your access to the App at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms.
• Conduct that we believe is harmful to other users or us.
• Extended periods of inactivity.
• Requests by law enforcement.

Effect of Termination

Upon termination:

• Your right to use the App ceases immediately.
• We may delete your account and User Content.
• Provisions that should survive termination (e.g., Disclaimers, Limitation of Liability) will remain in effect.

Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms in the App.
• Updating the "Last Updated" date.
• Sending you a notification.

Your continued use of the App after changes are posted constitutes acceptance of the new Terms. If you do not agree to the changes, stop using the App.

Dispute Resolution

Governing Law

These Terms are governed by the laws of New Zealand, without regard to conflict of law principles.

Arbitration

Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration, except for claims that may be brought in small claims court. You waive the right to participate in class actions or class arbitrations.

Exceptions

Arbitration does not apply to claims for injunctive relief or claims relating to intellectual property rights.

General Provisions

Entire Agreement

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

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms without our consent. We may assign our rights and obligations without restriction.

Contact

For questions about these Terms, contact us at:

Email: support@ketolens.app

Postal address:
KetoLens
Suite 1029, Unit A Level G
26 Hobson Street
Auckland City 1010
New Zealand

These Terms of Service are provided for informational purposes and should be reviewed by legal counsel before use.