Welcome to RealFoods! These Terms of Service (“Terms”) govern your use of the RealFoods mobile application (the “App”) provided by Lauer j.d.o.o., the developer. By downloading, accessing, or using the App, you agree to be bound by these Terms and my Privacy Policy. If you do not agree to these Terms, do not use the App.
Please note that the name “RealFoods” is used for this application and is not affiliated with other companies or services that may use similar names.
1. Description of Service
The App allows users to search for food products, scan barcodes, and view information about these products, including name, brand, images, nutritional information, and ingredients. This information is sourced primarily from the USDA FoodData Central and Open Food Facts databases. The App may also provide features such as estimated weight gain potential and flags for potentially harmful ingredients based on the available data. The App stores information about user searches and scanned items to personalize the user experience.
2. Data Sources and Accuracy
- The product information displayed in the App is retrieved from third-party databases, namely the USDA FoodData Central and Open Food Facts. Open Food Facts data is collaborative and may be edited by contributors.
- I do not independently verify, guarantee the accuracy, completeness, timeliness, or reliability of any information provided through the App, including but not limited to product names, brands, images, nutritional data, ingredient lists, weight gain potential estimates, or ingredient flags. Information is provided “as is” without warranties of any kind.
- Open Food Facts has its own Terms of Use which you should review.
3. Health and Nutrition Disclaimers
- Not Medical Advice: The App and its content (including nutritional information, weight gain potential estimates, and ingredient flags) are provided for general informational purposes only. They are not intended as, and should not be considered, medical advice, diagnosis, or treatment. The App is not a substitute for consultation with qualified health professionals, such as doctors or registered dieticians. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or dietary changes.
- No Guarantee of Health Outcomes: Use of the App does not guarantee any specific health outcomes, such as weight management or avoidance of adverse reactions.
- Estimates and Flags: Features like “weight gain potential” and “potentially harmful ingredients” flags are estimates based on available data and algorithms. They are indicative and general in nature and should not be taken as definitive assessments. Interpretation and use of this information are solely at your discretion.
4. User Responsibility and Assumption of Risk
- You expressly agree to use the App at your own sole risk.
- You are solely responsible for any decisions you make based on information obtained through the App. I am not responsible for any outcome resulting from your use of the App or reliance on its content.
5. User Data and Privacy
- I collect and store information about your searches and scanned items to personalize your experience within the App.
- My data collection and use practices are detailed in the Privacy Policy, which is incorporated by reference into these Terms. By using the App, you consent to the data practices described in the Privacy Policy.
- The Privacy Policy explains how I comply with applicable data protection laws, including the GDPR for users in the European Union, PIPEDA in Canada, and relevant state laws in the USA. It also details your rights regarding your personal information. Please review the Privacy Policy carefully.
6. Intellectual Property
All rights, title, and interest in and to the App, including its name, logo, design, text, graphics, and underlying software code, are my exclusive property or that of my licensors. You agree not to copy, modify, distribute, sell, or lease any part of the App or its intellectual property without my express written permission.
7. User Conduct
You agree not to use the App:
- In any way that violates applicable laws or regulations.
- To infringe upon the rights of others.
- To transmit viruses or malicious code.
- To attempt to gain unauthorized access to my systems or data.
- To scrape, reverse engineer, or otherwise misuse the App or its data.
- To upload, post, or transmit any unlawful, libelous, pornographic, harassing, or otherwise objectionable material.
I reserve the right, but not the obligation, to monitor user activity and remove content or suspend access for violations of these Terms.
8. Limitation of Liability
- To the maximum extent permitted by applicable law, I 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, resulting from:
- Your access to or use of or inability to access or use the App;
- Any conduct or content of any third party on the App, including inaccurate data from third-party sources;
- Any content obtained from the App, including any reliance placed on such content (e.g., nutritional information, health-related estimates or flags);
- Unauthorized access, use, or alteration of your transmissions or data.
- In no event shall my aggregate liability exceed the greater of one hundred U.S. dollars (USD $100.00) or the amount you paid me, if any, in the past six months for the services giving rise to the claim.
- Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. The service is provided “as is” and “as available” without warranties.
9. Indemnification
You agree to defend, indemnify, and hold me harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.
10. Termination
I may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the App will immediately cease.
11. Disclosure of Third-Party Analytics
I may collect analytics data and share it with a third party, specifically Mixpanel, as described in the Privacy Policy.
12. Changes to Terms
I reserve the right, at my sole discretion, to modify or replace these Terms at any time. If a revision is material, I will provide reasonable notice prior to any new terms taking effect, potentially by updating the “Last Updated” date. What constitutes a material change will be determined at my sole discretion. By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms. It is your responsibility to review these Terms periodically.
13. Contact
If you have any questions about these Terms, please contact me at: info@realfoods.online.