EatSmart
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Terms of Service

Last updated: November 9, 2026

Important: EatSmart is not a medical service and does not provide medical advice. Always talk to your doctor or another qualified healthcare provider before changing your diet, exercise or weight, and never ignore or delay professional medical advice because of something you saw in the App. The nutrition information in EatSmart is an estimate and may contain mistakes. Please read Section 4 carefully.

Please read these Terms carefully. Section 16 contains an arbitration agreement and class action waiver that affect how disputes are resolved. You may opt out as described in Section 16.

1. Definitions

In these Terms:

  • “EatSmart” or the “App” means the EatSmart mobile application and any related features, content and services.
  • “Services” means the App and the website at eatsmartapp.co.
  • “Asserere,” “we,” “our” or “us” means Asserere LLC.
  • “You” means the person using the Services.
  • “Your Content” means the photos, descriptions, entries and other information you add to the App.
  • “Outputs” means the calorie, macro and nutrition estimates, nutrition plans, menu rankings and other results the App creates for you.

2. Agreement to these Terms

These Terms of Service (“Terms”) are a legal agreement between you and Asserere LLC. By downloading, accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

3. Eligibility

You must be at least 16 years old to use EatSmart. By using the Services, you confirm that you meet this requirement and that you are legally able to agree to these Terms.

4. Health, medical and nutrition disclaimer

Please read this section carefully. By using EatSmart, you acknowledge and agree to the following.

a. Not medical advice

EatSmart is a food logging and nutrition tracking tool for general informational and educational purposes only. It is not a medical device, and it does not provide medical, nutritional, dietary or health advice, diagnosis or treatment. Nothing in the Services is intended to replace advice from a physician, registered dietitian or other qualified healthcare provider. Using EatSmart does not create a doctor–patient, dietitian–client or any other healthcare relationship between you and Asserere LLC.

b. Always consult your doctor

Always consult your doctor or another qualified healthcare provider:

  • Before starting any diet, nutrition plan, calorie target, weight loss or weight gain program, or exercise routine, including any suggested by the App.
  • Before making decisions about your health based on information from the App.
  • If you are pregnant or breastfeeding; are under 18; have diabetes, heart, kidney or liver disease, or any other medical condition; take medication; or have, or have had, an eating disorder.

Never disregard professional medical advice, or delay seeking it, because of something you saw in the Services.

c. Estimates may contain mistakes

We work hard to make the information in EatSmart as accurate as possible, but mistakes can happen. Calorie, macro and other nutrition values, nutrition plans and menu rankings are estimates generated by artificial intelligence, nutrition databases and the information you provide. They may be incomplete or inaccurate. For example, portion sizes, cooking methods, hidden ingredients, image quality and product data can all affect results. Please review all Outputs and correct anything that looks wrong, and do not rely on them as the sole basis for any health decision.

d. Food allergies and dietary restrictions

EatSmart cannot reliably identify allergens or ingredients in food, photos or menus. Do not rely on the App to determine whether food is safe for you. If you have a food allergy, intolerance or dietary restriction, always check with the restaurant or the product label and follow your healthcare provider’s guidance.

e. Emergencies

EatSmart is not for medical emergencies. If you think you may have a medical emergency, call 911 or your local emergency number right away. If you feel unwell, dizzy or faint, or experience pain while following any nutrition or exercise plan, stop and seek medical attention.

f. Your responsibility

You are solely responsible for your health decisions and for how you use the Services and Outputs. You use the Services voluntarily and at your own risk.

5. Your account

To use EatSmart you need an account. You agree to provide accurate information, keep your sign-in details secure, and take responsibility for all activity under your account. Tell us right away at hello@eatsmartapp.co if you believe your account has been used without your permission.

6. License to use the App

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the App on Apple-branded devices that you own or control, for your personal, non-commercial use, as permitted by Apple’s Usage Rules.

7. Subscriptions and purchases

  • Subscriptions: EatSmart is free to download. Full access requires an auto-renewing subscription, offered as monthly and annual plans. Prices are shown in the App before you subscribe.
  • Free trials: eligible new subscribers may start the annual plan with a 3-day free trial. Unless you cancel at least 24 hours before the trial ends, your subscription starts and you are charged automatically.
  • Automatic renewal: payment is charged to your Apple ID. Subscriptions renew automatically at the then-current price at the end of each period unless you cancel at least 24 hours before it ends.
  • Cancelling: manage or cancel your subscription in your iPhone’s Settings by tapping your name, then Subscriptions. Cancelling stops future renewals; you keep access until the end of the current period. Deleting the App or your EatSmart account does not cancel your subscription.
  • Refunds: purchases are processed by Apple, and refunds are handled by Apple under its policies.
  • Changes: we may change subscription prices or features. Price changes apply to your next renewal, and Apple will notify you as required.

8. Your content

You keep ownership of Your Content. You give us a worldwide, non-exclusive, royalty-free license to host, store, process, analyze and display Your Content only as needed to provide, maintain and improve the Services, as described in our Privacy Policy. You are responsible for Your Content and confirm that you have the rights needed to add it to the App and that it does not violate any law or anyone else’s rights.

9. Acceptable use

You agree not to:

  • Use the Services for anything unlawful, harmful or fraudulent.
  • Access or try to access accounts, systems or data you are not authorized to access.
  • Interfere with, disrupt or overload the Services, or bypass any security or usage limits.
  • Copy, modify, reverse engineer, decompile or create derivative works from the App, except where the law allows it.
  • Use bots, scrapers or other automated means to access the Services or extract data.
  • Upload malicious code, or content that is illegal, offensive or infringes anyone’s rights.
  • Resell or commercially exploit the Services.

10. Intellectual property and feedback

The Services, including their software, design, text, graphics, logos and trademarks, belong to Asserere LLC or its licensors and are protected by law. These Terms do not give you any rights to them except the license in Section 6. If you send us ideas or feedback, we may use them without any obligation to you.

If you believe something in the Services infringes your copyright, email hello@eatsmartapp.co with: a description of the copyrighted work; where the material appears in the Services; your contact information; a statement that you believe in good faith the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature.

12. Third-party services

The Services work with third-party services, such as Apple Health, the App Store, and Sign in with Apple or Google. Your use of those services is governed by their own terms and policies, and we are not responsible for them.

13. Termination

You can stop using the Services and delete your account at any time (see Delete your account). We may suspend or end your access at any time if you violate these Terms, if required by law, or to protect the Services or other users. Sections that by their nature should survive termination, including Sections 4, 8, 10 and 14 to 19, will survive.

14. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES OR OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT USING THE SERVICES WILL HELP YOU REACH ANY HEALTH, WEIGHT OR FITNESS RESULT.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • ASSERERE LLC AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS.
  • WE WILL NOT BE LIABLE FOR ANY INJURY, ILLNESS, HEALTH CONDITION OR OTHER OUTCOME RESULTING FROM YOUR USE OF, OR RELIANCE ON, THE SERVICES OR ANY OUTPUTS, INCLUDING NUTRITION ESTIMATES, NUTRITION PLANS OR MENU RANKINGS.
  • OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR EATSMART IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR US $35.

These limits apply to any theory of liability, even if we were told such damages were possible. Some places do not allow certain limits, so some of them may not apply to you.

16. Arbitration agreement and class action waiver

Please read this section carefully. It affects your legal rights.

  • Informal resolution first: before starting any claim, you agree to email us at hello@eatsmartapp.co with a description of the dispute and try to resolve it informally for at least 30 days.
  • Binding individual arbitration: if we cannot resolve it, you and Asserere LLC agree that any dispute arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration, not in court. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules. You may choose to have the hearing by video, by phone, based on written submissions, or in person in the county where you live.
  • Exceptions: either party may bring an individual claim in small claims court if it qualifies, and either party may seek relief in court to protect its intellectual property.
  • Class action waiver: you and Asserere LLC agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not combine claims or award relief on a class basis.
  • Jury trial waiver: you and Asserere LLC waive any right to a jury trial.
  • 30-day opt-out: you may opt out of this arbitration agreement by emailing hello@eatsmartapp.co with the subject “Arbitration opt-out,” your name and the email address on your account, within 30 days of first accepting these Terms.
  • If this section does not apply: any dispute not subject to arbitration will be resolved only in the state or federal courts located in Texas, and you and Asserere LLC consent to their jurisdiction.

17. Governing law

These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict of law principles.

18. Apple App Store terms

If you downloaded EatSmart from the Apple App Store:

  • These Terms are between you and Asserere LLC only, not Apple. Asserere LLC, not Apple, is solely responsible for the App and its content.
  • Apple has no obligation to provide maintenance or support for the App.
  • If the App fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
  • Asserere LLC, not Apple, is responsible for any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection or privacy claims, and claims of intellectual property infringement.
  • You confirm that you are not located in a country subject to a U.S. government embargo or listed as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties.
  • You must comply with any applicable third-party terms when using the App.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

19. General terms

  • Entire agreement: these Terms and our Privacy Policy are the entire agreement between you and us about the Services.
  • Severability: if any part of these Terms is found unenforceable, the rest stays in effect.
  • No waiver: our failure to enforce any part of these Terms is not a waiver of our right to do so later.
  • Assignment: you may not transfer these Terms without our consent. We may transfer them in connection with a merger, acquisition or sale of assets.
  • Changes to these Terms: we may update these Terms from time to time. If we make material changes, we will update the date at the top of this page and notify you in the App. Continuing to use the Services after changes take effect means you accept the updated Terms.

20. Contact us

Asserere LLC
Email: hello@eatsmartapp.co