Terms of Use
These Terms of Use (“Terms”) are a legal agreement between you and Justin Espinosa (“we,” “us”), the developer of Bitalyze, governing your use of the Bitalyze mobile application (the “App”). Please read them carefully.
1 Acceptance of Terms
By downloading, installing, or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App. If you use the App on behalf of someone else, you confirm you are authorized to accept these Terms for them.
2 License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use, subject to these Terms and the rules of the app store you downloaded it from. You may not copy, modify, reverse-engineer, resell, or distribute the App except as permitted by law.
3 Eligibility
You must be at least 13 years old (or the minimum age of digital consent where you live) to use the App, and 18 or older (or have a parent/guardian’s consent) to purchase a subscription.
4 Subscriptions & Payments
Bitalyze offers optional Bitalyze PRO subscriptions that unlock premium features. Pricing, free trials, auto-renewal, and cancellation are described in our Subscription Terms, which form part of these Terms. Purchases are processed by Apple or Google; their terms also apply.
5 Health & Nutrition Disclaimer
⚠️ Important — read this carefully
Bitalyze is a wellness and informational tool, not a medical device or healthcare service. The calorie counts, macronutrient values, AI food identifications, and Coach responses in the App are estimates and general information and may be inaccurate or incomplete.
- The App does not provide medical, nutritional, or professional advice, diagnosis, or treatment.
- It is not intended to diagnose, treat, cure, or prevent any disease or health condition.
- Always consult a qualified physician or registered dietitian before starting any diet, exercise, or weight program — especially if you are pregnant or nursing, are a minor, or have a medical condition or history of disordered eating.
- Never disregard professional medical advice or delay seeking it because of something in the App.
You use the App and rely on its information at your own risk.
6 Acceptable Use
You agree not to:
- Use the App for any unlawful purpose or in violation of these Terms;
- Interfere with, disrupt, or attempt to gain unauthorized access to the App or its systems;
- Upload content that is illegal, harmful, or infringes others’ rights;
- Use automated means to scrape or overload the App; or
- Misrepresent your identity or another person.
7 Your Content
You retain ownership of the photos, logs, and other content you create in the App (“Your Content”). You grant us a limited license to process Your Content solely to operate and improve the App (for example, to recognize foods in a photo, or to answer a Coach question). You are responsible for Your Content and confirm you have the rights to use it.
8 Intellectual Property
The App, including its name, logo, design, text, and software, is owned by us or our licensors and is protected by intellectual-property laws. “Bitalyze” and the Bitalyze logo are our marks. These Terms do not grant you any right to use them without our written permission.
9 Third-Party Services
The App relies on third-party services — including Apple, Google (Gemini AI, Firebase, Play), Anthropic, Supabase, RevenueCat, and Sentry. We are not responsible for third-party services, and your use of them may be subject to their own terms.
10 Disclaimer of Warranties
The App is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that nutrition data will be accurate.
11 Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or health outcomes, arising from your use of the App. Our total liability for any claim will not exceed the amount you paid us in the 12 months before the claim (or PHP 5,000, whichever is greater).
12 Indemnification
You agree to indemnify and hold us harmless from claims, damages, and expenses arising out of your misuse of the App or violation of these Terms.
13 Termination
We may suspend or end your access to the App at any time if you violate these Terms. You may stop using the App at any time by deleting it. Sections that by their nature should survive termination (e.g., disclaimers, liability limits) will survive.
14 Changes
We may update the App and these Terms from time to time. Material changes will be signaled by updating the “Last updated” date and, where appropriate, an in-app notice. Continued use means you accept the changes.
15 Governing Law
These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict-of-laws rules. Any dispute will be submitted to the exclusive jurisdiction of the courts of Silang, Cavite, Philippines, except where applicable law gives you the right to bring a claim elsewhere.
16 Apple App Store — Additional Terms
If you downloaded the App from the Apple App Store, the following also applies:
- These Terms are between you and us only, not with Apple. Apple is not responsible for the App or its content.
- Your license is limited to use on Apple-branded devices you own or control, per the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for the App.
- Apple is not responsible for any product warranties or for addressing claims relating to the App (e.g., product-liability, legal, or IP claims); to the extent required, this is our responsibility.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- The standard Apple Licensed Application End User License Agreement also applies; where it conflicts with these Terms, these Terms control to the extent permitted.
17 Contact
Email: bitalyze.support@gmail.com
Operated by: Justin Espinosa, Silang, Cavite, Philippines