Terms of Service

1. Definitions

"CarbWise," "we," "our," or "us" means Testimonio LLC, a California limited liability company.

"Service" means the CarbWise mobile applications, websites, APIs, and related services.

"Carb Counts" means the estimated carbohydrate values we provide.

"User Content" means any photo, text, or other content you upload or submit.

"Subscription" means any paid plan that provides additional or unlimited features.

2. Acceptance of Terms

By creating an account, downloading, or using the Service, you agree to these Terms and our Privacy Policy. If you do not accept them, do not use the Service.

3. Eligibility

You must be (a) at least 13 years old (or older, if required by your jurisdiction) and (b) legally capable of entering a contract. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

4. Changes to Terms or Service

We may modify these Terms at any time. Material changes take effect 30 days after we post or email notice. Continued use after the effective date constitutes acceptance.

We may add, remove, or suspend features without liability.

5. Description of Service

The Service uses computer-vision algorithms to generate Carb Counts from meal photos for general informational purposes only.

5.1 No Medical Device or FDA Clearance

The Service is not regulated by the U.S. Food and Drug Administration or any equivalent agency. It is not intended for the diagnosis, cure, mitigation, treatment, or prevention of disease.

5.2 No Emergency or Life-Saving Use

Do not rely on the Service in situations where inaccurate data could result in injury or death. If you experience a medical emergency, call emergency services immediately.

5.3 No Medical Advice

The Service and Carb Counts do not constitute medical or nutritional advice. Always consult a qualified healthcare professional before making decisions about medication, insulin dosing, or dietary changes.

6. Accounts, Security & Accuracy of Information

You agree to provide accurate information, keep your credentials confidential, and notify us of unauthorized use. We may suspend or terminate accounts that violate these Terms.

7. Subscription, Trials & Billing

Free Tier. Limited to the number of scans shown in-app.

Paid Plans. Billed in advance on a recurring basis until canceled.

Trials. Unless you cancel before the trial ends, you will be charged the applicable fee on the first day after the trial.

Price Changes. We will give at least 30 days' notice; continued use after the new price takes effect means you accept the change.

Refunds. Except where required by law, payments are non-refundable.

Billing is processed by third-party platforms (e.g., Apple In-App Purchase, Google Play, or Stripe). Their terms also apply.

8. Intellectual Property

We retain all rights, title, and interest in the Service, including software, models, and trademarks. You are granted a limited, non-exclusive, revocable license to use the Service solely for personal, non-commercial purposes.

9. User Content & License

By uploading User Content you:

• Represent that you own or have necessary rights to that content;
• Grant CarbWise a perpetual, worldwide, royalty-free license to host, process, copy, publicly display, create derivative works (e.g., model training), and distribute the content solely to operate, improve, and promote the Service;
• Waive any moral rights in such content to the extent permitted by law.

We reserve the right to remove or filter any content that violates these Terms, infringes intellectual-property rights, or is otherwise objectionable.

10. Acceptable Use

You agree not to:

• Upload content that is unlawful, harmful, or invasive of privacy;
• Reverse-engineer or interfere with the Service;
• Use automated means (bots, scrapers) except via approved APIs;
• Misrepresent carb values or misuse the Service in a manner that could harm others.

11. Third-Party Services & Links

The Service may integrate or link to third-party services (e.g., App Store, Google Fit). We are not responsible for their content or practices.

12. Termination

We may suspend or terminate your account at any time with or without notice for violation of these Terms or to protect our Service. You may delete your account in app or by emailing support.

Sections 5 through 23 survive termination.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."

CARBWISE DISCLAIMS ALL WARRANTIES—EXPRESS, IMPLIED, OR STATUTORY—including accuracy, reliability, merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade. Your use is at your sole risk.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

CARBWISE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR DEATH, EVEN IF ADVISED OF THE POSSIBILITY;

CARBWISE'S AGGREGATE CUMULATIVE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED (A) THE GREATER OF AMOUNTS YOU PAID TO CARBWISE IN THE 12 MONTHS PRIOR TO THE EVENT OR (B) USD $50.

Some jurisdictions do not allow certain limitations, so the above may not apply fully to you; nothing affects liability that cannot be excluded under applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless CarbWise, its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of (a) your use or misuse of the Service, (b) violation of these Terms, or (c) infringement of any rights of a third party.

16. Binding Arbitration & Class Action Waiver

Agreement to Arbitrate. Any dispute arising from or relating to these Terms or the Service shall be finally resolved by binding arbitration under the Federal Arbitration Act ("FAA") and conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@carbwise.ai with subject "Arbitration Opt-Out" and your account email.

No Class Actions. Disputes must be brought on an individual basis; class or representative actions are not permitted.

Mass-Arbitration Protocol. If 25 or more similar arbitration demands are filed by or with the same counsel, AAA's mass-filing rules apply, including bellwether proceedings and batching of fees.

Either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or prevent misuse of data.

17. Governing Law & Venue

These Terms are governed by the laws of the State of California, U.S.A., without regard to conflict-of-law principles, and the FAA governs the arbitration clause. For any claims not subject to arbitration, venue shall be the state or federal courts in Los Angeles County, California, and you consent to personal jurisdiction there.

18. Severability

If any term is held unenforceable, that term shall be modified to the minimum extent necessary to make it enforceable, and the remaining terms shall remain in full force.

19. Assignment

CarbWise may assign these Terms without restriction. You may not assign or transfer your rights without our prior written consent.

20. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including war, acts of God, terrorism, earthquakes, power outages, or Internet failures.

21. Entire Agreement

These Terms (including referenced policies) constitute the entire agreement between you and CarbWise regarding the Service and supersede prior agreements.

22. Contact Information