Terms of Use

Last updated: July 13, 2025

Welcome to IsItHealthy! These Terms of Use ("Terms") govern your access to and use of our mobile application IsItHealthy ("App"). Please read these Terms carefully before using the App. By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. Acceptance of Terms

By accessing or using IsItHealthy, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Description of the Service

IsItHealthy allows users to submit images or descriptions of food items, particularly non-packaged foods. The App utilizes Artificial Intelligence (AI) services (including Google Gemini), is based on general principles, and uses our own algorithms to provide an estimated informational score (0-100) and related guidance regarding the potential healthfulness of the food item.

This score is generated based on algorithms informed by publicly available principles from recognized health organizations and frameworks, such as the World Health Organization (WHO), the NOVA food classification system, and balanced diet models like the Harvard Healthy Eating Plate.

Important: The score and any analysis provided are intended for general informational and educational purposes only. Due to significant variations in non-packaged food ingredients, preparation, and portion sizes, the score is an estimate, not a precise nutritional measurement. Images processed by AI are handled as described in our Privacy Policy.

3. IMPORTANT Health Disclaimer and Nature of Information

Not Medical or Nutritional Advice:
This application ("App") and the informational scores, assessments, and any related content it provides are estimations and are intended for general informational and educational purposes ONLY. While the principles guiding these estimations are based on recognized international health guidelines and frameworks (see 'Sources Informing Our Approach' below), this information is not a substitute for professional medical or nutritional advice.

Consult Professionals:
You MUST consult with a qualified doctor, registered dietitian, or other appropriate healthcare professional regarding any health concerns, conditions, or questions you may have, and before making any decisions or changes related to your health or diet, including changes based on information from this App. Do not disregard professional medical advice or delay seeking it because of information obtained from this App. Relying solely on the score or information from this App for health decisions is strongly discouraged. Your use of this App does not establish a doctor-patient, dietitian-client, or any other professional-client relationship between you and IsItHealthy.

Estimation, Basis, and Accuracy Limitations:
The scores themselves are generated using Artificial Intelligence (AI) for recognition of food images/descriptions and rely on our proprietary algorithms based on general healthy food principles (see 'Sources Informing Our Approach' below). Actual nutritional content, ingredients, portion sizes, preparation methods, and the resulting health impact of any specific food item you consume can vary SIGNIFICANTLY from these estimates. Factors such as freshness, specific recipes, cooking oils used, and individual metabolic responses are not accounted for. Due to these limitations inherent in food data, AI recognition, and the variability of food items (especially non-packaged foods), the accuracy of the score or any information provided by this App cannot be, and is not, guaranteed.

Assumption of Risk:
You acknowledge and agree that you use this App and interpret its score and information entirely at your own risk. You assume ALL risk associated with using the information provided by this App, including any decisions made based on its content. IsItHealthy disclaims any and all liability for errors, omissions, or interpretations of the information provided.

Sources Informing Our Approach:

The underlying principles used to inform our score estimation methodology are derived from publicly available guidelines and frameworks developed by recognized health organizations and researchers. These include, but are not limited to:

  1. World Health Organization (WHO) - Healthy Diet Guidelines: Provides foundational recommendations on fats, sugars, sodium, fiber, fruits, and vegetables.
    Learn more: https://www.who.int/news-room/fact-sheets/detail/healthy-diet
  2. Harvard T.H. Chan School of Public Health - Healthy Eating Plate: Offers guidance on balanced food group proportions.
    Learn more: https://nutritionsource.hsph.harvard.edu/healthy-eating-plate/
  3. NOVA Classification System - Food Processing: Provides a framework for assessing the level of food processing.
    Learn more about NOVA: https://www.news-medical.net/health/The-NOVA-Method-of-Food-Classification.aspx

Please Note: Linking to these sources indicates the foundational basis of our approach but does not imply endorsement of this specific App or the accuracy of its score for any individual food item by these organizations. The limitations regarding estimation and accuracy outlined above still fully apply.

4. License to Use the App

Subject to your compliance with these Terms, IsItHealthy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App solely for your personal, non-commercial purposes on any Apple-branded Products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (the "Usage Rules"). You acknowledge that you have had the opportunity to review the Usage Rules. Notwithstanding the foregoing, the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing, if applicable.

You agree not to (and not to permit anyone else to): (a) copy, modify, distribute, sell, or lease any part of the App; (b) reverse engineer, decompile, or attempt to extract the source code of the App; (c) use the App for any commercial purpose or for the benefit of any third party; (d) interfere with or disrupt the integrity or performance of the App.

5. User Responsibilities and Acceptable Use

  • You must be at least 13 years old, or the age of legal majority in your jurisdiction, to use the App. If you are under this age, you may only use the App with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
  • You agree to use the App only for lawful purposes and in accordance with these Terms.
  • You must not use the App to upload, analyze, or transmit any content that is illegal, harmful, offensive, defamatory, infringing, misleading, or otherwise objectionable.
  • You are solely responsible for the images and information you provide to the App and for any decisions you make based on the information or score provided by the App.
  • You agree not to misuse the App, such as attempting to gain unauthorized access, introducing viruses, using automated systems excessively, or interfering with its operation.

6. Third-Party Terms of Agreement

You must comply with all applicable third-party terms of agreement when using the App. For instance, if the App integrates with or utilizes services from other providers (such as the AI services mentioned in these Terms), your use of those services through the App is also subject to the terms and conditions of those third parties, which you are responsible for reviewing and complying with.

7. Data Privacy

  • The App sends images or other input you provide to third-party AI services (e.g., Google Gemini) for processing to generate the analysis and score. By using the App, you consent to this data transfer for processing purposes. Your data handled by such third parties is subject to their respective privacy policies.
  • As stated in our Privacy Policy, images taken through the App are generally processed ephemerally or stored locally on your device as per your settings, and are not intended to be stored on our primary servers long-term, but data handling specifics are detailed in the Privacy Policy.
  • Our collection and use of any personal information associated with your use of the App is governed by our Privacy Policy. Please review it carefully.

8. Subscriptions and Credits

The App offers both subscription plans and credit packages to enhance your experience. By purchasing any subscription or credit package, you agree to the following terms:

Subscription Plans

  • Monthly Premium User: Provides unlimited access to all premium features of the App for one month from the date of purchase. The subscription automatically renews each month unless canceled by you at least 24 hours before the end of the current period.
  • Annual Premium User: Provides unlimited access to all premium features of the App for one year from the date of purchase. The subscription automatically renews each year unless canceled by you at least 24 hours before the end of the current period.
  • You can manage and cancel your subscriptions by going to your account settings in the App Store or Google Play Store.
  • Subscription prices may vary by region and are subject to change. Any price changes will be notified to you in advance.

Credit Packages

  • 100 Credits Package: Provides 100 credits for use within the App. Credits can be used to analyze food items and access premium features on a per-use basis.
  • 1000 Credits Package: Provides 1000 credits for use within the App. Credits can be used to analyze food items and access premium features on a per-use basis.
  • Credits do not expire unless otherwise specified at the time of purchase.
  • Credits are non-refundable and non-transferable once purchased.
  • IsItHealthy reserves the right to modify the number of credits required for specific features or services within the App.

Payment and Billing

  • All purchases are processed through the Apple App Store or Google Play Store, and are subject to their respective terms and conditions.
  • By making a purchase, you authorize the App Store or Play Store to charge your selected payment method.
  • For subscriptions, your account will be charged for renewal within 24 hours prior to the end of the current period.
  • You acknowledge that any refund requests must be processed through the App Store or Play Store, according to their refund policies.

Third-Party Services Disclaimer

You acknowledge that the use of third-party services (e.g., Google Gemini) is subject to their respective terms and privacy policies, and Apple is not responsible for any data processing or handling by such third-party services.

9. Intellectual Property Rights

  • IsItHealthy, including its name, logo, visual design, features, functionality, underlying software, algorithms, and all related content (excluding user-provided images/input and third-party sourced data), are the exclusive property of IsItHealthy and its licensors, protected by copyright, trademark, and other intellectual property laws.
  • Except for the limited license granted in Section 4, these Terms do not grant you any right, title, or interest in the App or its content.
  • You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App without our prior written permission, except as follows: your device may temporarily store copies incidental to accessing and viewing materials, and you may store files automatically cached by your device for display enhancement purposes.

10. Disclaimer of Warranties and Limitation of Liability

Disclaimer of Warranties: THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ISITHEALTHY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES IT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR ANALYSIS PROVIDED THROUGH THE APP (INCLUDING THE ESTIMATED SCORE).

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ISITHEALTHY (OR ITS OWNER(S), DEVELOPERS, AFFILIATES, LICENSORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP OR USED BY THE APP (INCLUDING AI SERVICES); (C) ANY CONTENT OR ANALYSIS OBTAINED FROM THE APP, INCLUDING ANY DECISIONS MADE BASED ON SUCH CONTENT OR ANALYSIS; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ISITHEALTHY FOR ALL CLAIMS RELATING TO THE APP EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Acknowledgements Regarding Apple

You acknowledge and agree that these Terms are concluded between you and IsItHealthy only, and not with Apple Inc. ("Apple"). IsItHealthy, and not Apple, is solely responsible for the App and the content thereof.

IsItHealthy is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You and IsItHealthy acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

IsItHealthy is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in Section 9 of these Terms (Disclaimer of Warranties and Limitation of Liability). 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 applicable) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of IsItHealthy.

You and IsItHealthy acknowledge that IsItHealthy, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit IsItHealthy\'s liability to you beyond what is permitted by applicable law.

You and IsItHealthy acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, IsItHealthy, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

By using the App, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Indemnification

You agree to indemnify, defend, and hold harmless IsItHealthy and its owner(s), developers, affiliates, officers, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the App, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; or (e) any claim or damages that arise as a result of any of your user content or any content that is submitted via your account (if applicable).

13. App Termination or Suspension

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the App will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You may discontinue using the App at any time by deleting it from your device.

14. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, such as through an in-app notification or by updating the "Last updated" date at the top of these Terms. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the App.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Sydney, New South Wales, Australia for the purpose of litigating all such claims or disputes. However, if you are accessing the App from a jurisdiction where mandatory consumer protection laws provide you with rights that cannot be waived or limited by contract, those rights will apply to the extent required by law.

16. Dispute Resolution

We encourage you to contact us first using the contact information below if you have a dispute related to the App or these Terms. Most user concerns can be resolved quickly and informally. If informal resolution is unsuccessful, you agree that any legal suit, action or proceeding arising out of or related to these Terms or the App shall be instituted exclusively in the federal or state courts located in Sydney, New South Wales, Australia, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

Apple's Role in Dispute Resolution

You agree that any disputes arising between you and IsItHealthy are solely between you and IsItHealthy, and Apple is not responsible for resolving any disputes or claims related to the App.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

18. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and IsItHealthy with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.

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 thereof.

19. Contact Us

If you have any questions, complaints, or claims with respect to the App or these Terms, please contact IsItHealthy at: