TERMS AND CONDITIONS
1. Health disclaimer — please read
Erasthetic is not a medical device and does not provide medical advice. It is a tracking and information tool for general fitness and wellness.
- Calorie and macronutrient targets are estimates produced by standard formulas from the figures you enter. They are not a clinical prescription.
- Nutrition estimates from AI photo analysis, barcode scanning and food databases are approximations and may be wrong.
- Consult a qualified healthcare professional before starting any diet or exercise programme, and especially if you are pregnant or nursing, are under medical supervision, have an eating disorder or a history of one, or have any medical condition.
- Never disregard professional medical advice because of something in the App.
- If you believe you are having a medical emergency, contact emergency services.
You use the App and act on its output at your own risk.
2. Eligibility
You must be at least 18 years old and able to form a binding contract. If you use the App on behalf of an organisation, you represent that you are authorised to bind it.
3. Your account
You are responsible for the accuracy of your account details, for keeping your credentials confidential, and for activity under your account. Tell us promptly at support@erasthetic.com if you suspect unauthorised use. We may suspend or terminate accounts that breach these Terms.
You may delete your account at any time from within the App, or by contacting support@erasthetic.com.
4. Subscriptions and billing
The App offers optional auto-renewing subscriptions ("Premium").
- Where you pay. Subscriptions are sold and billed by the Apple App Store or Google Play, not by us. Your purchase is also governed by that store's terms.
- Plans. Premium is offered on weekly, monthly and yearly billing periods. The price, billing period and any introductory offer are shown in the App before you confirm, in your local currency.
- Free trial. Where a free trial is offered, payment is taken at the end of the trial unless you cancel first. If you buy a subscription during a trial, the remainder of the trial may be forfeited.
- Auto-renewal. Subscriptions renew automatically at the then-current price for the same period, unless cancelled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours of the period ending.
- Managing and cancelling. Manage or cancel in your Apple or Google account settings. Deleting the App does not cancel a subscription.
- Refunds. Refunds are handled by Apple or Google under their policies. We generally cannot issue refunds for store purchases directly.
- Price changes. We may change prices. Changes apply to future billing periods, and where required you will be notified and asked to consent before renewal.
- What Premium includes. Premium currently unlocks unlimited AI meal photo analysis, removes advertising, and keeps certain analytics available beyond the free introductory window. Features may change over time as the App develops; we will not materially reduce a paid benefit within a period you have already paid for.
Free accounts include a limited allowance of AI photo analyses, tracked on our servers. The allowance is per account and does not reset by reinstalling.
5. Acceptable use
You agree not to:
- break the law, or infringe anyone's rights, using the App;
- upload content that is unlawful, hateful, harassing, sexually explicit, or that depicts or promotes self-harm or disordered eating;
- upload images of other people without their permission;
- impersonate anyone, or misrepresent your affiliation;
- harass, spam or abuse other users through friends, groups or sharing;
- attempt to bypass entitlement checks, usage allowances, or payment;
- probe, scrape, overload, reverse-engineer or interfere with the App or its infrastructure, except to the extent that applicable law prohibits us from restricting this;
- resell, sublicense or commercially exploit the App without our written permission.
We may remove content and suspend or terminate accounts that breach this section.
6. Your content
You keep ownership of what you put into the App — your logs, photos, routines and messages ("Your Content").
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and transmit Your Content solely to operate and provide the App to you — for example, storing a progress photo, delivering a message to a group you posted in, or transmitting a meal photo to our AI provider for analysis. This licence ends when you delete the content or your account, except for copies distributed to other users before deletion and for backups pending routine deletion.
Social features are public to their audience. Anything you share with a friend or post in a group is visible to those people, and they may be able to save or repost it. Do not share anything you would not want them to keep.
You are responsible for Your Content and warrant that you have the rights to it.
7. Reporting and moderation
The App provides a way to report content. We review reports and may remove content or restrict accounts. We are not obliged to monitor content, and we do not guarantee that objectionable content will be removed within any particular time.
8. Third-party services
The App relies on third parties including Supabase, Google (including the Gemini API for meal analysis, Google Sign-In and Google Fit), Apple (including Apple Health), and, for subscriptions and advertising, the app stores, RevenueCat and Google AdMob. Their services are governed by their own terms and privacy policies. Nutrition data may come from public sources such as Open Food Facts and may be incomplete or inaccurate.
We are not responsible for third-party services, and their availability is outside our control.
9. Our intellectual property
The App, its design, branding, and all software and content we provide are owned by DevKonnect and protected by intellectual property law. We grant you a personal, revocable, non-transferable, non-exclusive licence to use the App for your own non-commercial use, subject to these Terms. You may not use the "Erasthetic" or "DevKonnect" names or logos without our written permission.
10. Availability and changes
We may change, suspend or discontinue any part of the App at any time, and we may impose limits on features or storage. We aim to give notice of material changes where practical, but the App is provided on an "as available" basis and may be unavailable at times.
11. Termination
You may stop using the App and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the App. On termination, your licence ends; sections that by their nature should survive (including §§ 1, 6, 9, 12, 13, 14 and 15) survive.
Terminating your account does not automatically cancel a subscription billed by Apple or Google — cancel that in the relevant store.
12. Disclaimers
To the fullest extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation. We do not warrant that nutritional data, AI estimates or calculated targets are accurate or suitable for you.
Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
13. Limitation of liability
To the fullest extent permitted by law, DevKonnect will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, nor for lost profits, data, or goodwill, arising from or relating to your use of the App.
Our total aggregate liability arising out of or relating to the App will not exceed the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) USD 50.
Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.
14. Indemnity
You agree to indemnify and hold harmless DevKonnect and its members, officers and agents from claims, damages, liabilities and reasonable legal fees arising from your misuse of the App, your breach of these Terms, or Your Content.
15. Governing law and disputes
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Lake County, Florida, and each of us waives any objection to venue there.
If you are a consumer in the EEA, the UK, or another jurisdiction whose law grants you the protection of your local courts and mandatory consumer rights, nothing here deprives you of those rights.
16. Apple-specific terms
Where you obtained the App from the Apple App Store: these Terms are between you and DevKonnect, not Apple. Apple has no obligation to provide support or maintenance for the App. Apple is not responsible for any product warranty claims, product liability claims, or third-party intellectual property claims relating to the App, all of which are our responsibility to the extent required by law. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
17. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between us regarding the App.
- Severability. If a provision is unenforceable, the rest remains in effect.
- No waiver. Not enforcing a provision is not a waiver of it.
- Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.
- Changes to these Terms. We may update these Terms. Material changes will be notified in the App or by email, and continued use after the effective date means acceptance.
18. Contact
DevKonnect IT Consulting LLC
426 Puma Loop
Groveland, FL 34736-3506
support@erasthetic.com