Terms of Service

Please read these terms and conditions carefully before using our application.

Effective as of November 14, 2025

1. Acceptance of Terms

Welcome to GutMate (“App,” “we,” “us,” or “our”). By downloading, installing, accessing, or using the GutMate iOS mobile application, you agree to be bound by these Terms of Service (“Terms”).

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Jan Christian (the “Developer”) governing your use of the App.

2. Eligibility

You must be at least 13 years old (or 16 years old if you reside in the European Economic Area, United Kingdom, or Switzerland) to use this App.

By using the App, you represent and warrant that:

  • You meet the minimum age requirement
  • You have the legal capacity to enter into these Terms
  • If you are under 18, you have obtained parental/guardian consent to use the App

3. Medical Disclaimer

IMPORTANT: THIS APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The GutMate app provides:

  • Educational information about FODMAPs (fermentable carbohydrates)
  • Nutritional data from Monash University research
  • AI-powered ingredient analysis tools
  • Food tracking features for personal use

The App does NOT:

  • Diagnose medical conditions
  • Provide medical treatment or advice
  • Replace consultation with healthcare professionals
  • Guarantee accuracy of FODMAP ratings or AI analysis

User Responsibilities

BY USING THIS APP, YOU ACKNOWLEDGE AND AGREE:

  1. Consult Healthcare Professionals - Always seek advice from a qualified dietitian, nutritionist, or physician before starting a low-FODMAP diet
  2. Do Not Rely Solely on the App - Verify FODMAP ratings with certified Monash University resources if you have concerns. AI analysis is an estimate only and may contain errors
  3. Emergency Situations - If you experience severe symptoms, allergic reactions, or medical emergencies, seek immediate medical attention
  4. No Warranty of Accuracy - AI analysis accuracy is approximately 95% based on our testing, meaning 5% of results may be incorrect

USE THIS APP AT YOUR OWN RISK. You assume full responsibility for any decisions you make based on information provided by this App.

4. License Grant and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and install the App on iOS devices you own or control for personal, non-commercial purposes.

You may NOT:

  • Modify, reverse-engineer, decompile, or disassemble the App
  • Copy, distribute, or create derivative works from the App
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use the App for commercial purposes (e.g., sell menu analysis services)
  • Share your premium subscription with others
  • Automate or script interactions with the App (e.g., bulk scanning)
  • Access the App's backend APIs directly (bypassing the mobile app)

5. AI Features: Menu Scanner and Food Plate Tracker

Consent Required

To use the Menu Scanner and Food Plate Tracker features, you must:

  1. Explicitly consent to image sharing with third-party AI services
  2. Accept that photos will be uploaded to Google Gemini
  3. Understand that AI analysis is an estimate, not a guarantee

You can withdraw consent anytime by toggling off “Image Sharing Consent” in Profile settings. This will disable AI-powered features.

AI Accuracy and Limitations

AI analysis has limitations:

  • Text Recognition: AI may misread handwritten menus, stylized fonts, or low-quality images
  • Ingredient Detection: AI may miss hidden ingredients or make assumptions about dish preparation
  • FODMAP Matching: AI matches ingredients to our 1,670-food database - uncommon ingredients may not be recognized
  • Portion Estimation: Food Plate Tracker estimates portions visually (~±20% accuracy) - not a replacement for food scales

Zero-Retention Policy: OpenRouter immediately discards images after analysis. Images are NOT stored, logged, or used for model training.

6. Third-Party Services

The App integrates with the following third-party services. By using the App, you agree to comply with their Terms of Service:

7. Subscriptions and Payments

Premium Subscription

The App offers an optional Premium subscription with enhanced features:

  • 100 AI scans per day
  • Ad-free experience (if ads are implemented)
  • Early access to new features

Pricing and Billing

  • Subscription prices are displayed in the App and charged via Apple's In-App Purchase system
  • Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current period
  • Your Apple ID will be charged upon purchase confirmation
  • Manage or cancel subscriptions via your Apple ID Account Settings

Refund Policy

  • Refunds are handled by Apple per their App Store refund policy
  • Generally, purchases are final, but you may request a refund through Apple Support
  • Contact Apple Support: https://support.apple.com/
  • We do NOT control Apple's refund decisions

8. Rate Limits and Fair Use

To ensure service availability for all users, we enforce rate limits:

Premium Users

  • 100 AI scans per day
  • Rate limit resets at midnight UTC

Exceeding Limits: If you exceed your daily limit, AI features will be temporarily disabled until the next reset. Upgrade to Premium for higher limits.

Abuse Prevention: We reserve the right to suspend or terminate accounts that attempt to circumvent rate limits, create multiple accounts to bypass limits, use automated scripts or bots, or abuse the API for commercial purposes.

9. User Content and Data

You retain ownership of all data you create in the App (favorites, scan history, food logs, symptom logs, uploaded photos).

We do NOT:

  • Claim ownership of your data
  • Sell your data to third parties
  • Use your photos for marketing without explicit permission
  • Share your personal data except as described in our Privacy Policy

Account deletion is irreversible. We cannot recover your data after deletion.

10. Privacy and Data Protection

Your privacy is important to us. Our data collection and use practices are described in our Privacy Policy, which is incorporated into these Terms by reference.

Key Privacy Points:

  • Offline-first: Core features work without internet
  • iCloud sync: Encrypted and controlled by you
  • AI features: Images uploaded only with your consent
  • Zero-retention: OpenRouter immediately discards images
  • GDPR/CCPA rights: Access, delete, export your data anytime

11. Disclaimers and Limitations of Liability

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We do NOT guarantee:

  • The App will be available 24/7 (maintenance, outages, or third-party failures may occur)
  • FODMAP data is 100% accurate or up-to-date
  • AI analysis results are correct
  • The App will meet your specific health needs

WE ARE NOT LIABLE FOR:

  • Indirect, incidental, or consequential damages including health complications, allergic reactions, or medical expenses arising from use of the App
  • Third-party service failures (Firebase outages, OpenRouter AI errors, RevenueCat payment issues, Apple iCloud sync failures)
  • User errors (incorrect data entry, failure to consult healthcare professionals, reliance on AI analysis without verification)

12. Indemnification

You agree to indemnify, defend, and hold harmless Jan Christian, the App, and our affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the App
  • Your violation of these Terms
  • Your violation of third-party rights (e.g., uploading copyrighted menu images)
  • Content you upload to the App (menu/plate photos)

13. Termination

You may stop using the App at any time by uninstalling it, canceling your Premium subscription, or deleting your account.

We reserve the right to suspend or terminate your access if you violate these Terms, abuse AI features, attempt to circumvent rate limits or payment systems, or engage in fraudulent activity.

14. Changes to Terms of Service

We may update these Terms from time to time. For material changes, we will display an in-app notification on your next launch.

Continued Use = Acceptance: Using the App after Terms are updated constitutes acceptance of the new Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of:

  • Brazil (if you reside in Brazil)
  • Your country of residence (if you reside in the EU/EEA, per GDPR requirements)
  • California, USA (for all other users)

Informal Resolution First: Before filing any legal claim, you agree to contact us at contato@janchristian.com.br to attempt informal resolution.

16. Miscellaneous

Severability

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

No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

Assignment

You may not transfer or assign your rights under these Terms. We may assign these Terms to a successor or affiliate without notice.

Entire Agreement

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

Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, pandemics, third-party service outages).

Contact for Legal Notices

All legal notices should be sent to: contato@janchristian.com.br

Export Compliance

You represent and warrant that:

  • You are not located in a country subject to a U.S. Government embargo, or designated as a “terrorist supporting” country
  • You are not listed on any U.S. Government list of prohibited or restricted parties
  • You agree to comply with all applicable export control laws when using the App internationally

Apple App Store Requirements

The App is distributed via the Apple App Store. You acknowledge that:

  • Apple is not a party to these Terms
  • Apple has no obligation to provide support for the App
  • Apple is not responsible for product warranties or liability claims
  • Apple is a third-party beneficiary of these Terms regarding your use of the App

17. Open Source Licenses

The App uses the following open-source components:

OpenFoodFacts Database (Future Feature)

Third-Party Libraries

Full attribution and licenses available in the App under Settings → About → Licenses.

18. Contact Information

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

Developer: Jan Christian

Address: 100 Rua Luis de França Jr., São Paulo - SP - Brazil

Phone: +55 11 96627-5721

Email: contato@janchristian.com.br

Website: https://janchristian.com.br/fodmap-app/

Subject Line for Inquiries: “GutMate Terms Inquiry”

Response Time: We will respond to inquiries within 7 business days.

Acknowledgment and Acceptance

BY DOWNLOADING, INSTALLING, OR USING THE GUTMATE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

IF YOU DO NOT AGREE, DO NOT USE THE APP.