BiteCheck Terms of Use

Effective Date: June 26, 2026

These Terms of Use (the Terms) govern your access to and use of the BiteCheck website, mobile applications, and related services (collectively, the Services). By using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

Use of BiteCheck Services

The use of BiteCheck services should be based on your discretion and consultation with a medical professional. The Services are for informational and entertainment purposes only and are not a substitute for professional medical, nutritional, or safety advice. Do not use the Services in emergency situations or to make health decisions without consulting a qualified professional.

Health, Safety, and Eating Disorders

BiteCheck is a general wellness and informational tool. It is not a medical device and does not diagnose, treat, cure, or prevent any disease or health condition. Calorie targets, macros, meal plans, fasting schedules, and other outputs are general estimates and are not personalized medical or nutritional advice. You should consult a qualified healthcare professional before starting, changing, or stopping any diet, fasting, exercise, or weight-management program, and before relying on the Services if you have or are at risk of any medical condition.

The Services are not appropriate for, and should not be used by, anyone with or at risk of an eating disorder or disordered eating. If you are pregnant or breastfeeding, under medical supervision, taking medication affected by diet, managing a condition such as diabetes, high blood pressure, or high cholesterol, or are a minor, do not rely on the Services for health decisions without professional guidance. Calorie counting, fasting, and weight tracking can be harmful for some individuals. If you are struggling with food, eating, or body image, please seek help from a qualified professional or a recognized eating-disorder support organization. Never disregard or delay professional advice because of something you read or received through the Services, and do not use the Services in an emergency.

About BiteCheck

BiteCheck is operated by DigitMind Technologies (BiteCheck, we, us, or our). The Services use proprietary artificial intelligence to generate nutritional guidance, recipes, and visual assets based on user inputs. BiteCheck does not provide, sell, or ship food. AI outputs are hypothetical representations and may differ from real foods, ingredients, and nutritional values. Always verify real-world ingredients, allergens, and nutritional facts independently before making dietary decisions.

Ownership Rights to Content and Intellectual Property

These Terms apply to the BiteCheck client application and related services. DigitMind Technologies grants you permission to use the Services solely for your individual, non-commercial, personal use for entertainment purposes, subject to your strict compliance with these Terms. BiteCheck retains ownership of all content in its app and website, including software, text, graphics, AI-generated outputs, and other materials. The use of BiteCheck trademarks, branding, or logos without explicit written permission is strictly prohibited.

Your Content and the Rights You Grant Us

The Services let you submit content, including meal photos, images, text descriptions, voice inputs, barcodes, weight and other health-related entries, and additional information (collectively, User Content). As between you and us, you retain ownership of your User Content. You represent and warrant that you own or have all rights necessary to submit your User Content and that it does not violate these Terms, any law, or any third-party right.

By submitting User Content, you grant DigitMind Technologies a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, modify, adapt, process, analyze, and create derivative works from your User Content for the purposes of operating, providing, securing, and improving the Services and developing new features. We may also create and use de-identified or aggregated data derived from User Content that no longer reasonably identifies you, including to train, evaluate, and improve our and our service providers' artificial-intelligence models and for analytics, research, and other lawful business purposes. This license survives, for de-identified and aggregated data and for any User Content you shared with others, after you delete your account, to the extent permitted by applicable law. Our handling of personal information is described in our Privacy Policy.

Eligibility and Accounts

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

License and Acceptable Use

We grant you a limited, non-exclusive, non-transferable license to use the Services for personal, non-commercial purposes in strict accordance with these Terms. You agree not to misuse the Services, including by attempting to reverse engineer our models or software, infringing intellectual property rights, submitting unlawful content, or using outputs to create deceptive or harmful materials. We may suspend or terminate access for violations.

Subscriptions, Auto-Renewal, and Billing

Some features require a paid subscription. Before you purchase, we disclose the subscription title, length, and price. By subscribing, you acknowledge and agree that your subscription automatically renews for successive periods equal to the original term, and you authorize us (or the applicable app store) to charge your payment method the then-current price, plus applicable taxes, at the start of each renewal period until you cancel. The renewal price will be the same as the prior period except for promotions, discounts, or a price change we disclose to you in advance with an opportunity to cancel before it takes effect.

We may offer a free trial or introductory offer. Unless you cancel at least 24 hours before the trial or introductory period ends, you authorize us or the app store to begin charging the stated rate automatically when it ends. For purchases through the Apple App Store or Google Play, billing, renewal, and cancellation are also governed by that store's rules, and you can manage or turn off auto-renewal in your account settings with that store at any time.

Cancellation and Refunds

You may cancel at any time. Cancellation stops future renewals but does not retroactively refund amounts already charged, and your access continues until the end of the current paid period. For purchases made through the Apple App Store, refunds are handled solely by Apple under Apple's policies. For subscriptions purchased through Google Play or directly on our website, we offer refunds within 35 days of purchase; all lifetime purchases are non-refundable. Except where required by applicable law, we do not provide pro-rata refunds for partial periods, unused features, or cancellations after a renewal charge. Nothing in these Terms limits any non-waivable statutory cancellation or withdrawal rights you may have under the consumer laws of your jurisdiction.

AI-Generated Content and Accuracy

Our Services generate nutritional estimates, recipes, and imagery using AI. Generated outputs may be incomplete, outdated, inaccurate, or unsuitable for your needs. We do not guarantee that outputs reflect actual ingredients, allergens, caloric values, or results in real life.

Cloud Services and Third-Party Services

Subject to all liability limitations outlined in these Terms of Use, you acknowledge and agree that:

(a) We provide the service using cloud computing services from one or more third-party cloud service providers (collectively referred to as Cloud Providers);

(b) The cost at which we can provide the service could change if we used different cloud services;

The service may rely on, interact with, or provide access to information, content, services, or websites from third parties (each a Third-Party Service), which may be subject to separate terms of use. The use of each Third-Party Service may require you to accept additional terms. You must comply with the applicable terms of use when using a Third-Party Service and the Service. We may also rely on third-party payment processors, analytics partners, and other vendors, whose actions are governed by their own terms.

Copyright and DMCA

We respect intellectual-property rights and expect you to do the same. If you believe content available through the Services infringes your copyright, please send a notice with the information required by the U.S. Digital Millennium Copyright Act (DMCA) to our designated agent at support@bitecheck.me, including identification of the copyrighted work, the allegedly infringing material and its location, your contact information, and statements of good-faith belief and of accuracy made under penalty of perjury. We may remove allegedly infringing material and terminate, in appropriate circumstances, the accounts of repeat infringers.

Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless BiteCheck and its affiliates, officers, employees, and partners from claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, misuse of the Services, or violation of law or third party rights.

Disclaimer of Warranties and Limitation of Liability

You use the Service at your own risk. The Service is provided "AS IS" and "AS AVAILABLE," without any warranties, and we do not guarantee that the Service will operate without interruption or errors. We are not responsible for any errors or omissions in information, software, or other documents, including user-generated content, that may be mentioned or linked. Links to third-party websites are provided "AS IS," without any express or implied warranties. We do not warrant that AI outputs will meet your expectations or reflect real-world ingredients, allergens, or nutritional values.

To the maximum extent permitted by law, BiteCheck will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, data, or goodwill, arising from or related to your use of the Services, even if advised of the possibility of such damages. Our total liability for any claim will not exceed the amount you paid for the Service that gave rise to the claim in the twelve months preceding the event, or one hundred U.S. dollars (USD 100), whichever is greater. Some jurisdictions do not allow certain exclusions; in those cases, our liability will be limited to the fullest extent permitted by law.

Changes and Termination

BiteCheck reserves the right to modify these Terms of Use and its services at any time. Material changes will be effective when posted or as otherwise communicated to you. Continued use of the Services after changes constitutes acceptance. We may suspend or terminate access at our discretion for any violation of these Terms, suspected fraud, or as required by law, and we may terminate your access to our services for any reason.

Dispute Resolution; Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights, including, where enforceable, your right to bring or participate in a court action or class action and your right to a jury trial. This section applies to the maximum extent permitted by applicable law and does not apply to the extent it is prohibited or unenforceable in your jurisdiction (for example, for certain consumers in the European Union and the United Kingdom). It does not deprive you of any mandatory rights under the consumer-protection laws of your place of residence.

Informal resolution first. Before starting any formal proceeding, you agree to contact us at support@bitecheck.me and to attempt in good faith to resolve the dispute informally for at least 30 days.

Binding arbitration. To the fullest extent permitted by law, you and DigitMind Technologies agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual-property or unauthorized-use matters. The arbitration will be administered by a recognized arbitration provider under its consumer arbitration rules then in effect.

Class action and jury waiver. To the fullest extent permitted by law, you and DigitMind Technologies agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding, and that the arbitrator may not consolidate more than one person's claims. You and DigitMind Technologies waive any right to a jury trial where arbitration applies. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, while the remainder of this section continues to apply.

Governing Law

Subject to the Dispute Resolution section above, these Terms are governed by the laws of the Republic of Kazakhstan, where DigitMind Technologies is established, without regard to conflict of law principles, except where local law requires otherwise. Subject to that Dispute Resolution section, any disputes will be resolved in the competent courts of the Republic of Kazakhstan, unless applicable law provides you consumer protections that require a different venue.

Apple App Store and Apple EULA

If you download or use the BiteCheck application from the Apple App Store, the following additional terms apply to you and, with respect to your use of the application on Apple devices, govern in the event of any conflict with the rest of these Terms. These Terms also incorporate by reference Apple's standard Licensed Application End User License Agreement (the Apple Standard EULA), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. Where these Terms are more protective of BiteCheck than the Apple Standard EULA, these Terms apply to the maximum extent permitted by applicable law.

Acknowledgement. You acknowledge that these Terms are concluded between you and DigitMind Technologies only, and not with Apple, and that Apple is not responsible for the application or its content. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application.

Scope of License. The license granted to you for the application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control, and only as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Maintenance, Support, and Warranty. DigitMind Technologies is solely responsible for providing any maintenance and support services, and for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.

Claims and Intellectual Property. DigitMind Technologies, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession and/or use of it, including, but not limited to: (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection, privacy, or similar legislation; and (d) intellectual property claims. In the event of any third-party claim that the application or your use of it infringes that third party's intellectual property rights, DigitMind Technologies, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. Any questions, complaints, or claims with respect to the application should be directed to support@bitecheck.me.

General Provisions

These Terms, including the Apple App Store additional terms where applicable, together with our Privacy Policy and any terms presented at the point of purchase, are the entire agreement between you and DigitMind Technologies regarding the Services and supersede any prior agreements on that subject. If any provision is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later, and no waiver is effective unless in writing. You may not assign or transfer these Terms without our prior written consent; we may assign them, including to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms do not create any agency, partnership, or joint venture between you and us.

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, power or internet failures, or failures of third-party providers. We may provide notices to you through the Services or by email to the address associated with your account, and you may contact us at support@bitecheck.me. Section headings are for convenience only and do not affect interpretation.

Contact Information

If you have any questions or comments regarding these terms or the Services, please contact our support team at support@bitecheck.me.