Terms of Service (End User License Agreement)

Effective Date: July 1, 2026

Welcome to Metabola. By downloading, accessing, or using the Metabola application developed by Metabola LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the app.

1. Medical and AI Disclaimer (Important)

Metabola is NOT a medical device, nor does it provide medical advice. The app utilizes artificial intelligence to provide estimated calorie and macronutrient data based on photos.

• No Medical Advice: The information provided by Metabola is for general informational and tracking purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider or registered dietitian regarding any changes to your diet, weight management, or treatment of a medical condition.
• AI Inaccuracies: The AI models powering Metabola are not perfect. They can, and occasionally will, make mistakes, misidentify foods, or provide inaccurate nutritional estimates. You agree that you use these estimates at your own risk and discretion.
• Not for Everyone: Calorie and weight tracking is not appropriate for everyone. Metabola is not intended for use by individuals with a history of disordered eating. If tracking food causes you distress, stop using the app and consult a qualified professional.

2. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use Metabola. If you are under 18, you may use the app only with the consent of a parent or legal guardian.

3. User Conduct and Content

By using Metabola, you agree to the following:

• You will only upload images that you have the right to use.
• You will not upload any content that is illegal, offensive, explicit, or intended to exploit or harm others.
• You will not attempt to reverse engineer, scrape, or abuse the API systems that power the app.
• We reserve the right to suspend or terminate accounts that violate these terms.

4. Intellectual Property

All rights, title, and interest in and to the Metabola app (excluding your personal User Content) are owned by Metabola LLC. You retain all ownership rights to the photos and data you upload, though you grant us the necessary licenses to process them via our third-party APIs (Supabase, Google, OpenAI) to provide the app's functionality.

5. Apple App Store Terms

This agreement is between you and Metabola LLC, not Apple Inc. Apple is not responsible for the Metabola app or its content. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability claims or consumer protection claims.

6. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. METABOLA LLC DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT NUTRITIONAL ESTIMATES WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability

To the maximum extent permitted by law, Metabola LLC 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 (a) your access to or use of or inability to access or use the app; or (b) any conduct or content of any third party on the app.

To the maximum extent permitted by law, the total liability of Metabola LLC for all claims arising out of or relating to these Terms or the app shall not exceed the greater of fifty U.S. dollars ($50) or the amounts you paid to Metabola LLC in the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Metabola LLC and its owners, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use or misuse of the app, your User Content, or your violation of these Terms or any applicable law.

9. Dispute Resolution, Arbitration, and Class Action Waiver

Please read this section carefully — it affects your legal rights. Any dispute arising out of or relating to these Terms or the app shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. Arbitration may be conducted remotely or in the county where you reside.

YOU AND METABOLA LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY.

Opt-out: You may opt out of this arbitration provision by emailing support@metabola.io within thirty (30) days of first accepting these Terms, stating your name and that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

10. Governing Law and Venue

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law principles. Subject to Section 9, any dispute that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Florida, and you consent to the jurisdiction of those courts.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes within the app. Continued use of the app after such modifications constitutes your acceptance of the new Terms.

12. General

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Metabola LLC regarding the app. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

13. Contact Information

For any questions, support requests, or concerns regarding these Terms, please contact: support@metabola.io