Terms of Use

Last updated: June 13, 2026

Please read these Terms of Use ("Terms") carefully before accessing or using FitChat. These Terms form a binding agreement between you and the operator of the FitChat application and website (the "Service"). By creating an account or otherwise using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms and by the FitChat Privacy Policy. If you do not agree, do not use the Service.

1. Definitions

For purposes of these Terms, capitalized terms have the meanings set out below, whether they appear in the singular or plural form.

2. What FitChat Is — and What It Is Not

FitChat is a chat-based tracker for food, calories, and nutrition. You can describe what you eat the same way you would tell a friend — in everyday language, with a photo, or by voice — and FitChat gives an estimated breakdown of macros and calories. The Service is for informational purposes only.

3. Acceptance and Eligibility

Your access to and use of the Service depends on your acceptance of these Terms and the FitChat Privacy Policy. If you do not accept them, you must discontinue use of the Service.

You state and assure that you are at least 13 years old. If you are between 13 and 17 years old, you may use the Service only with the permission and oversight of a parent or legal guardian, who agrees to be fully responsible for all activity carried out through the Service. We do not knowingly gather personal information from children under 13. If you believe we have obtained information from a child under 13, please contact us so we can remove it.

4. Estimates are estimates

Every calorie, macro, micronutrient, and food-identification result returned by the Service is an automated approximation based on language models, web searches, public databases, and context you provide. These estimates may be incomplete or incorrect, sometimes by a large margin. Photo-based estimates can especially involve substantial error. Do not depend on Service output for any purpose where precision is medically or legally important.

5. Not medical, nutritional, or professional guidance

FitChat is not a medical device. It does not offer medical advice, nutrition counseling, diagnosis, treatment, or any other professional health service. The Service is not built to diagnose, treat, cure, prevent, or screen for any disease or condition. Always speak with a licensed physician, registered dietitian, or other qualified professional before making decisions about your diet, exercise, medications, or medical care.

6. Not intended for people with eating disorders

FitChat is not designed for, and is not safe for, people with active or suspected eating disorders, or anyone recovering from one. Calorie-tracking tools can worsen disordered eating behavior. The Service may try to identify signs of disordered eating in your messages — for example, requests for purging advice, increasing restriction, repeated requests for body-image reassurance, or very low calorie targets — and may respond by refusing to engage and directing you to professional resources. That detection is best-effort and not reliable. If you are struggling, please contact a qualified mental-health or eating-disorder professional. In the United States, the National Alliance for Eating Disorders helpline is available at 1-866-662-1235.

7. Not for emergencies

Do not use the Service during a medical, mental-health, or other emergency. If you are in crisis, call your local emergency number (such as 911 in the United States) or, in the United States, the 988 Suicide and Crisis Lifeline.

8. Not a regulated medical or healthcare product

The Service is not a "covered entity" or "business associate" under HIPAA and does not provide HIPAA-governed services. Information you submit through the Service is not "protected health information" under HIPAA. Do not send other people's medical information through the Service.

9. Not directive about diet

FitChat will not endorse, prescribe, or advise any particular diet (for example, keto, vegan, carnivore, intermittent fasting, or low-carb). The Service may explain foods, nutrition, and general fitness concepts only in informational terms. If you ask the Service what the "right" way to eat is, it will encourage you to consult a nutritionist or other professional.

10. Your Account

To access most features, you must create an account. You agree to provide information that is accurate, complete, and current, to keep it updated, and to keep your login details confidential. You are responsible for actions taken under your account. Promptly notify us of any unauthorized use. We may suspend or close your account if you violate these Terms or if we reasonably believe doing so is necessary to protect the Service, other users, or a third party.

11. Subscriptions, Billing, and In-App Purchases

Some Service features require a paid subscription. Purchases and subscriptions are handled through the Apple App Store, Google Play Store, or another third-party payment processor we choose (collectively, the "App Store"). The App Store's terms govern payment, billing, automatic renewal, refunds, and family-sharing policies. We do not directly store or process your full payment card information.

Subscriptions renew automatically at the then-current rate unless you cancel at least 24 hours before the end of the current period. To cancel, manage your subscription in the App Store. Free trials, promotional prices, and discounts may include additional terms shown at the time of the offer. Except where required by law, fees are non-refundable and partial periods are not prorated.

We may adjust prices, plans, or features going forward. We will give reasonable advance notice of price changes affecting an existing subscription. Continued use after the change takes effect means you accept the updated price.

12. Your Content

You retain ownership of your content. You keep ownership of all User Content you submit. We do not claim ownership of your messages, images, voice memos, food logs, or any data derived from them about you specifically.

13. Limited license to run the Service

You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, reformat, and otherwise use your User Content only as needed to operate, maintain, secure, and improve the Service for you. This license ends when you delete the relevant content or close your account, except that we may retain copies as necessary to comply with law, enforce our Terms, resolve disputes, or for ordinary backup purposes.

14. De-identified and aggregated data

We may generate de-identified or aggregated information from User Content (for example, anonymized statistics about how often a food is logged, or aggregated nutrition patterns across users). De-identified and aggregated information does not identify you or any individual and is not covered by the deletion right described above. We may use it for any lawful purpose, including research, analytics, and Service improvement.

15. No training on identifiable content without consent

We will not use User Content that identifies you to train third-party generative AI models without your separate, informed consent. We may use de-identified or aggregated data, and we may use your User Content to operate, debug, evaluate, and improve our own internal models and prompts. If you opt into a feature that requires use of identifiable content for model training, we will explain the feature and let you opt out at any time.

16. Voice and image inputs

When you submit a voice memo, photo, or video frame, you confirm that you have the right to do so and that the submission does not violate the privacy or other rights of any third party. Do not submit images showing identifiable people other than yourself unless you have their consent. Do not submit images of children. Do not submit content containing another person's medical information.

17. Your promises

By submitting User Content, you represent and warrant that (a) you own it or have the rights needed to submit it, (b) it does not violate anyone's intellectual-property, privacy, or publicity rights, and (c) it complies with these Terms and applicable law.

18. Acceptable Use

You may not, and may not allow anyone else to:

19. Mobile App Store Terms

If you download FitChat from the Apple App Store, your use is also governed by the Apple Media Services Terms and Conditions. As between you and Apple, the Company (not Apple) is solely responsible for the Application and its content. Apple has no duty to provide maintenance or support for the Application. Apple is not responsible for any product warranties, product liability claims, or third-party intellectual property claims relating to the Application. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you download FitChat from the Google Play Store, your use is also governed by the Google Play Terms of Service. The Company is solely responsible for the Application and its content; Google is not.

20. Privacy

Our collection and use of personal information are described in the FitChat Privacy Policy, which is incorporated into these Terms by reference. Among other things, the Privacy Policy explains the categories of information we collect (including chat content, food logs, voice memos, and photos), how we use that information, the third-party services and AI providers we work with, your rights under laws such as the GDPR, UK GDPR, and U.S. state privacy laws, and how to exercise those rights.

Health and fitness information you submit to FitChat may be considered "sensitive personal information" or a "special category of data" under applicable law. We process such information only with an appropriate legal basis, including your consent where required.

21. Our Intellectual Property and Brand

We and our licensors own all rights in the Service other than User Content, including the software, model prompts, model fine-tuning, content, trademarks, logos, and the FitChat name. These Terms do not transfer any of those rights to you. You may not copy, change, distribute, sell, lease, or create derivative works from any part of the Service except as expressly allowed by these Terms.

We welcome feedback. If you send us suggestions, ideas, or other feedback, you grant us a perpetual, worldwide, royalty-free, sublicensable license to use that feedback for any purpose without any obligation to you.

22. Third-Party Services

The Service may link to or integrate with third-party content, websites, applications, or services (including App Stores, identity providers, payment processors, and AI service providers such as foundation-model providers). We do not control those services and are not responsible for them. Your use of a third-party service is governed by that service's terms and privacy policy. We disclaim all responsibility and liability for third-party services.

23. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) CALORIE, MACRO, MICRONUTRIENT, OR FOOD-IDENTIFICATION ESTIMATES WILL BE ACCURATE OR COMPLETE, (B) THE SERVICE'S SAFETY ROUTING (INCLUDING ANY EATING-DISORDER OR MEDICAL-EMERGENCY DETECTION) WILL IDENTIFY ALL CASES OR ALWAYS RESPOND APPROPRIATELY, (C) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR (D) DEFECTS WILL BE FIXED.

Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, the above disclaimers apply to the greatest extent allowed by law.

24. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations above apply to the fullest extent permitted by law, and nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

25. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and each of their officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Service; (b) your User Content; (c) your breach of these Terms or any applicable law; or (d) your violation of any third-party right, including any intellectual-property, privacy, or publicity right.

You acknowledge and agree that the Service provides approximate, model-generated information and is not intended for medical, clinical, or other safety-critical use. You agree to indemnify the Company against claims arising from your reliance on Service output for any purpose for which it is not intended, including medical, nutritional, fitness-coaching, clinical, or insurance-related decisions you make about yourself or others.

26. Termination

You may stop using the Service at any time and may delete your account through the in-app settings. We may suspend or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you have violated these Terms, if your continued access poses a risk to the Service or other users, or if we are required to do so by law.

Upon termination, your right to use the Service ends immediately. Sections of these Terms that by their nature should continue after termination — including User Content licenses for de-identified data, intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — will survive.

27. Changes to the Service and to These Terms

We may add, modify, or remove features of the Service at any time. We may also revise these Terms. If we make a material change, we will provide reasonable advance notice — for example, by posting a notice in the Service or sending an email to the address linked to your account. Material changes will not apply retroactively. Your continued use of the Service after a material change becomes effective means you accept the revised Terms. If you do not accept a change, you must stop using the Service.

28. Disputes — Informal Resolution, Arbitration, and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

29. Informal resolution

Before bringing any formal claim, you and the Company agree to first try to resolve the dispute informally. You will send a written notice describing the dispute and the relief you want to matthew@fitchatapp.com, and the parties will negotiate in good faith for at least thirty (30) days before either side starts arbitration.

30. Binding arbitration

Any dispute, claim, or controversy between you and the Company arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except that small-claims court actions may be filed in your county of residence. The arbitration will be conducted in English. The seat of arbitration will be Wilmington, Delaware (or, if you are a consumer, your county of residence, at your election). The Federal Arbitration Act governs the interpretation and enforcement of this section.

31. Class-action waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

32. Opt-out

You may opt out of this arbitration agreement by sending a written notice to matthew@fitchatapp.com within thirty (30) days after first accepting these Terms. Your notice must include your name, the email tied to your account, and a clear statement that you want to opt out. Opting out will not change any other provision of these Terms.

33. One-year filing limit

Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim accrued; otherwise, the claim is permanently barred, except where applicable law prohibits a shorter limitations period.

34. Governing law and venue for claims not subject to arbitration

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws principles. For any claim not subject to arbitration, you and the Company agree to the exclusive jurisdiction of the state and federal courts located in Delaware, except that nothing in this section limits your rights as a consumer to sue in your country of residence where applicable law grants you that right.

35. U.S. State Privacy Rights

Residents of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia have certain rights regarding their personal information, including the rights to know, access, correct, delete, and obtain a portable copy of personal information, and the right to opt out of certain processing such as targeted advertising and profiling. We do not sell personal information for money. The Privacy Policy explains how to exercise these rights. To submit a verifiable request, contact us at matthew@fitchatapp.com.

California residents may also request, once each year, information about categories of personal information we shared with third parties for their direct-marketing purposes during the preceding calendar year ("Shine the Light"). Send Shine-the-Light requests to matthew@fitchatapp.com.

Miscellaneous

These Terms, together with the Privacy Policy and any other documents incorporated by reference, form the complete agreement between you and the Company regarding the Service and replace any prior agreements on the same subject. If any provision is found unenforceable, that provision will be revised only to the minimum extent necessary, and the rest will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to enforce it later. You may not assign these Terms without our prior written consent; we may assign them, in whole or in part, to an affiliate or in connection with a merger, acquisition, or sale of assets. We will not be responsible for delays or failures to perform caused by events beyond our reasonable control.

Contact Us

Questions about these Terms? Reach out to us: