Terms of Use

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you") and PickEat ("PickEat," "we," "us," "our") governing your access to and use of the PickEat mobile application, website at pickeat.io, and all related services (collectively, the "Service").

By downloading, installing, registering for, or otherwise accessing the Service, you affirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must immediately cease using the Service.

PickEat reserves the right to modify these Terms at any time. Material changes will be communicated via in-app notification at least fourteen (14) days before taking effect. Continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms.

PickEat is a food product scanning and analysis application that allows users to:

• Scan product barcodes or photographs to retrieve product information from third-party databases (including Open Food Facts)
• Receive automated compatibility analysis based on self-declared dietary preferences
• Ask AI-generated questions about food products and ingredients
• Maintain a personal scan history and product favorites

The Service relies on third-party data sources and artificial intelligence systems. The accuracy, completeness, and currency of product information cannot be guaranteed.

PickEat incorporates artificial intelligence features powered by OpenAI's API ("AI Features"). By using AI Features, you acknowledge and agree to the following:

3.1 Nature of AI output

AI-generated content is produced by automated statistical models and may contain errors, omissions, hallucinations, outdated information, or inaccuracies. PickEat does not warrant the accuracy, reliability, completeness, or suitability of any AI-generated output for any particular purpose.

3.2 Not medical, nutritional, or dietary advice

No content generated by PickEat's AI — including compatibility verdicts, ingredient analyses, product recommendations, and responses to user questions — constitutes medical advice, nutritional guidance, allergy management advice, or any other professional advice regulated by applicable law. Such content must not be interpreted as replacing or supplementing advice from a licensed physician, registered dietitian, allergist, or other qualified healthcare provider.

3.3 Allergies and severe dietary restrictions

PickEat's analysis is based on publicly available product data and may be incomplete, incorrect, or outdated. Ingredient lists change without notice. Cross-contamination risks are not systematically assessed. Users with severe or life-threatening allergies (including anaphylaxis risk) must not rely on PickEat as a primary safety mechanism and must always read official product packaging.

3.4 Express disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICKEAT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO AI-GENERATED CONTENT, INCLUDING WARRANTIES OF ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY. PICKEAT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT, EVEN IF PICKEAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.5 Data processing by OpenAI

When you use AI Features, certain non-identifying data (product name, ingredient list, dietary tags, your question) is transmitted to OpenAI, LLC, a sub-processor located in the United States. This transfer is governed by Standard Contractual Clauses and OpenAI's Data Processing Addendum. OpenAI's API data is not used to train OpenAI models by default. Refer to our Privacy Policy for full details.

Product information displayed in PickEat is sourced from third-party databases including, but not limited to, Open Food Facts (a non-profit open database licensed under ODbL). PickEat does not control, verify, or warrant the accuracy of data obtained from third-party sources.

Product formulations, ingredient lists, and allergen information change frequently. PickEat cannot guarantee that information displayed reflects the current version of any product. Users must always consult the official product packaging for up-to-date and authoritative information.

5.1 Age requirement

You must be at least 13 years of age to use PickEat. By using the Service, you represent that you meet this age requirement.

5.2 Account responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access at legal@pickeat.io.

5.3 Accurate information

You agree to provide accurate and complete information when creating and updating your account. Providing false information, including false dietary profile data that could affect safety outcomes, may result in account termination.

6.1 Subscription terms

PickEat offers a paid Premium subscription providing unlimited scans, full scan history access, additional dietary profiles, and AI photo analysis. Subscriptions are offered on monthly and annual billing cycles.

6.2 Billing and renewal

Subscriptions are processed through the Apple App Store and are subject to Apple's payment terms. Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. You may manage and cancel your subscription through your Apple ID account settings.

6.3 Refunds

All subscription fees are non-refundable except as required by applicable law or as determined by Apple's refund policies. To request a refund, contact Apple directly through reportaproblem.apple.com.

6.4 Changes to pricing

PickEat reserves the right to change subscription pricing at any time with at least thirty (30) days' notice. Price changes will apply upon the next renewal of your subscription.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Scrape, crawl, or otherwise extract data from the Service in bulk or via automated means
• Attempt to bypass any security or rate-limiting measures implemented by the Service
• Use the Service to send unsolicited communications, spam, or phishing content
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Use the Service in a manner that could damage, disable, or impair the Service or interfere with other users' access
• Submit false, misleading, or harmful content through AI Features

All content, trademarks, trade names, logos, user interface designs, and technology comprising the Service are the exclusive property of PickEat or its licensors and are protected by applicable intellectual property laws.

PickEat grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your personal, non-commercial purposes in accordance with these Terms. No other rights are granted.

Product names, trademarks, and images displayed in the Service remain the property of their respective owners. Their display does not imply any endorsement by or affiliation with PickEat.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PICKEAT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

PICKEAT DOES NOT WARRANT THAT: (i) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; (ii) ANY INFORMATION OR ANALYSIS PROVIDED IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICKEAT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Personal injury, bodily harm, or health consequences arising from reliance on the Service
• Damages arising from allergic reactions, dietary non-compliance, or food-related illness
• Damages arising from errors, omissions, or inaccuracies in product data or AI-generated content
• Loss or corruption of data
• Unauthorized access to or alteration of your data

WHERE LIABILITY CANNOT BE EXCLUDED BY LAW, PICKEAT'S TOTAL AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF: (i) THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (ii) EUR 50.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, PICKEAT'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless PickEat and its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right; or (iv) any harm caused by your dietary decisions made in reliance on the Service.

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

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts of Paris, France.

If you are a consumer located in the European Union, you may also have the right to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

Nothing in this section prevents either party from seeking emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

PickEat reserves the right to suspend or terminate your access to the Service at any time, with or without notice, for any breach of these Terms or for any other reason at PickEat's sole discretion.

You may terminate your account at any time through the app (Profile → Delete Account). Termination does not entitle you to a refund of any subscription fees, except as required by applicable law.

Upon termination, all rights granted to you under these Terms shall immediately cease. Sections 3, 8, 9, 10, 11, 12, and 14 shall survive termination.

Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and PickEat with respect to the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver: PickEat's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer your rights under these Terms without PickEat's prior written consent. PickEat may assign its rights and obligations under these Terms without restriction.

Language: These Terms are written in English. In the event of any conflict between an English version and any translation, the English version shall prevail.

For legal notices, questions about these Terms, or to report a violation:

• Email: legal@pickeat.io
• Privacy inquiries: privacy@pickeat.io
• Support: support@pickeat.io