These Terms of Service ("Terms") are a binding agreement between you and Playita Ventures LLC ("Playita Ventures," "Company," "we," "us," or "our") governing your use of the Food and Form mobile application and related services (the "App" or "Service"). Please read them carefully.
By downloading, accessing, or using Food and Form, you agree to these Terms. If you do not agree, do not use the App.
1. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account and agree to these Terms. If you are a minor, you may use the App only with the involvement, consent, and supervision of a parent or legal guardian who agrees to be bound by these Terms.
2. The Service
Food and Form is a general wellness, nutrition, and fitness application. Features may include logging meals by photo or text, AI-assisted estimation of calories and macronutrients, recipe and meal-idea generation, and tracking of body metrics and workouts. We may add, change, suspend, or remove features at any time.
3. Not Medical, Nutritional, or Health Advice
Food and Form does not provide medical, nutritional, dietary, or professional health advice, diagnosis, or treatment. All content, estimates, recipes, and recommendations are for general informational and educational purposes only and are not a substitute for advice from a qualified physician, registered dietitian, or other healthcare professional.
- Always seek the advice of a qualified professional before starting any diet, nutrition, exercise, or weight-management program, and before making any decision based on the App.
- Never disregard or delay seeking professional advice because of something you read or saw in the App.
- Do not use Food and Form to diagnose or treat any health condition or eating disorder.
- You assume full responsibility and all risk for any decisions or actions you take based on the App.
If you think you may have a medical emergency, call your doctor or emergency services immediately.
4. AI-Generated Content; Accuracy
Some content is generated by automated and artificial-intelligence systems. AI-generated nutrition estimates, ingredient lists, recipes, and other outputs may be inaccurate, incomplete, or unsuitable for you, and may not account for allergens, cross-contamination, preparation methods, or your individual needs.
You are solely responsible for verifying any nutritional information, ingredients, and allergens before relying on them, preparing or consuming any food, or making any health or dietary decision. We make no representation that any food, recipe, or estimate is safe, accurate, complete, or appropriate for you.
5. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to keep it current. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.
6. Subscriptions, Free Trial, and Billing
Food and Form is offered through an auto-renewing subscription ("Food and Form Premium") with a free trial; an active trial or subscription is required to use the App.
- Free trial — we may offer a free trial. If you do not cancel before the trial ends, the paid subscription begins and you will be charged.
- Auto-renewal — subscriptions automatically renew for the same term unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends, at the then-current price.
- Billing through Apple — purchases are processed by Apple and charged to your Apple ID account. Your payment, renewals, and billing are governed by the Apple Media Services Terms and Conditions.
- Managing and canceling — you can manage or cancel your subscription in your Apple ID / App Store account settings. Deleting the App does not cancel your subscription.
- Refunds — payments are generally non-refundable, and refunds (if any) are handled by Apple in accordance with Apple's policies and applicable law. Any unused portion of a free trial is forfeited when you purchase a subscription.
- Price changes — we may change subscription prices; changes apply to future billing periods, subject to Apple's and applicable legal notice requirements.
7. License to Use the App
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on a device you own or control, for your personal, non-commercial use. All rights not expressly granted are reserved.
8. Your Content
You retain ownership of the content you submit, such as meal descriptions and photos ("User Content"). You grant Playita Ventures a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and use your User Content as needed to operate, provide, secure, and improve the App, including transmitting it to our service providers and AI providers. You represent that you have the rights necessary to submit your User Content and that it does not violate any law or third-party right.
9. Acceptable Use
You agree not to:
- use the App for any unlawful, harmful, or fraudulent purpose;
- reverse engineer, decompile, or attempt to extract source code, except as permitted by law;
- interfere with, disrupt, overload, or attempt to gain unauthorized access to the App or its systems;
- use any automated means to access or scrape the App;
- upload malicious code or content that is illegal, infringing, or that you do not have the right to submit; or
- resell, sublicense, or commercially exploit the App without our written permission.
10. Intellectual Property
The App, including its software, design, text, graphics, logos, and the "Food and Form" name and marks, is owned by Playita Ventures or its licensors and is protected by intellectual-property laws. Except for the limited license above, these Terms do not grant you any right, title, or interest in the App.
11. Third-Party Services
The App relies on third-party services (including Apple and our AI and infrastructure providers). Your use of those services may be subject to their terms, and we are not responsible for them. We are not liable for any third-party products, services, or content.
12. Disclaimers of Warranties
THE APP AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PLAYITA VENTURES AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, secure, error-free, or accurate, that estimates or recipes will be correct or suitable, or that the App will meet your requirements. You use the App entirely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
13. Assumption of Risk
Nutrition, diet, exercise, and weight-management activities carry inherent risks. By using the App, you knowingly and voluntarily assume all risks associated with your use of the App and any actions you take based on it, including any health consequences. You are solely responsible for your health and your decisions.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PLAYITA VENTURES LLC AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, ILLNESS, OR HEALTH CONDITION, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
15. Indemnification
You agree to indemnify, defend, and hold harmless Playita Ventures LLC and its officers, members, managers, employees, agents, and suppliers from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App; (b) your User Content; (c) your violation of these Terms or any law; or (d) your violation of any right of a third party. We reserve the right to assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us. You acknowledge and agree that Playita Ventures has no obligation to indemnify, defend, or hold you harmless against any claim.
16. Termination
We may suspend or terminate your access to the App at any time, with or without cause or notice. You may stop using the App at any time. Upon termination, the license granted to you ends. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and governing law — will survive.
17. Changes to the App and Terms
We may modify the App or these Terms at any time. If we make material changes to these Terms, we will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the App after changes become effective constitutes acceptance of the revised Terms.
18. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, the exclusive venue for any dispute not subject to arbitration will be the state or federal courts located in Texas, and you consent to their jurisdiction.
Informal resolution — before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@playitaventures.com and allowing 30 days to resolve it.
Binding arbitration; class-action waiver — to the fullest extent permitted by law, any dispute that is not resolved informally will be resolved by binding individual arbitration, and not in a class, collective, or representative action. You and Playita Ventures waive any right to a jury trial and to participate in a class action. You may opt out of this arbitration provision within 30 days of first accepting these Terms by emailing us at support@playitaventures.com. This section does not prevent either party from seeking relief in small-claims court.
19. Apple App Store Additional Terms
These Terms are between you and Playita Ventures only, and not with Apple Inc. ("Apple"). You acknowledge that:
- Apple has no obligation to furnish any maintenance or support for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our responsibility, not Apple's.
- Apple is not responsible for addressing any claims by you or any third party relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer-protection or similar laws.
- In the event of any third-party claim that the App or your use of it infringes intellectual-property rights, Playita Ventures, not Apple, is responsible for the investigation, defense, settlement, and discharge of such claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
20. General
- Entire agreement — these Terms and our Privacy Policy are the entire agreement between you and us regarding the App and supersede prior agreements.
- Severability — if any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be enforced to the maximum extent permitted.
- No waiver — our failure to enforce any provision is not a waiver of it.
- Assignment — you may not assign these Terms; we may assign them freely.
- Force majeure — we are not liable for delays or failures caused by events beyond our reasonable control.
21. Contact Us
Playita Ventures LLC Email: support@playitaventures.com