Terms of Service

Welcome to FitScan AI. These Terms of Service ("Terms") constitute a legally binding agreement between you and Little Grass Co. Limited ("we," "us," or "our"). These Terms govern your access to and use of the FitScan AI mobile application, website, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must stop using the Services.

We may update these Terms from time to time. If we make a material change, we will provide notice through the Services, by email, or by updating the effective date above. Your continued use of the Services after the updated Terms take effect constitutes acceptance of the revised Terms.

PLEASE READ CAREFULLY: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 13) THAT AFFECT YOUR LEGAL RIGHTS.

1. Acceptance of Terms

By accessing, downloading, installing, or using the Services, you verify that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

2. Medical Disclaimer and Safety Warning

FITSCAN AI IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.

The Services, including all content, AI-generated analysis, calorie estimates, and nutritional data, are for informational and educational purposes only.

• No Professional Advice: The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, or fitness regimen.
• Risks: You acknowledge that nutritional tracking and diet changes involve inherent risks. You agree that you are using the Services at your own risk.
• Accuracy of AI Data: The nutritional data provided by our Artificial Intelligence algorithms is an estimation. We do not guarantee the 100% accuracy of calorie counts, macro-nutrient breakdowns, or food identification. You should not rely on this data for critical medical dietary management (e.g., for diabetes or severe allergies).

3. Eligibility and Accounts

• Age Requirement: You must be at least 16 years old to use the Services. If you are under 18, you may solely use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
• Account Security: You agree to provide accurate, current, and complete information during the registration process. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
• Profile and Goal Data: Some features may ask you to provide health and fitness information such as age, gender, height, weight, activity level, allergies, dietary preferences, body goals, meal logs, or daily activity records. You are responsible for ensuring that information you provide is accurate to the best of your knowledge.

4. Your Content and Conduct

a. User Content Ownership
You retain ownership of any data, text, files, information, usernames, images, graphics, photos, profiles, meal logs, body metrics, activity records, and other content that you submit, post, or display on or via the Services ("User Content").

b. License to Us
By submitting User Content (specifically food images, meal logs, activity records, and related profile inputs), you grant us a non-exclusive, royalty-free, and worldwide license to host, process, reproduce, adapt, and use such User Content solely as necessary to operate, provide, improve, and support the Services. You also agree that we may use de-identified or anonymized uploaded images and related data to train, improve, and validate our AI machine learning models.

c. Prohibited Conduct
You agree not to:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
• Post User Content that is violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive.
• Attempt to reverse engineer, decompile, disassemble, or derive the source code of the App or any AI models used by the App.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.

5. Proprietary Rights (Intellectual Property)

The Services are owned and operated by Little Grass. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), AI algorithms, products, software, and all other elements of the Services ("Materials") provided by us are protected by intellectual property and other laws. All Materials contained in the Services are the property of Little Grass or our third-party licensors.

6. Premium Subscriptions and Payments

We may offer premium subscription plans ("Premium Subscriptions") that unlock additional features and usage benefits. Premium Subscriptions may be available in Weekly, Monthly, and Yearly billing cycles, as shown to you at the time of purchase.

• Billing and Auto-Renewal: Payments will be charged through the Apple App Store, Google Play Store, or another authorized payment channel at purchase. Premium Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period.
• Cancellation: You may manage or cancel your subscription through your App Store or Play Store account settings. Cancellation stops renewal for the next billing cycle, and you will retain access through the end of the current paid period.
• Refunds: All fees are non-refundable except as required by applicable law or as expressly provided by the applicable platform provider.
• Fair Use: Premium access is intended for personal, non-commercial use. We may limit, throttle, or suspend accounts that show signs of abuse, automated scraping, or other misuse of the Services.

7. Third-Party Services

The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. Access to them is at your own risk.

If you choose to connect Apple HealthKit, Google Health Connect, or similar services, any use of those integrations is subject to your device permissions, the applicable third-party terms, and our Privacy Policy.

8. Indemnification

You agree to indemnify, defend, and hold harmless Little Grass, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; or (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE AI ANALYSIS WILL BE COMPLETELY ACCURATE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LITTLE GRASS 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 SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT.

11. Modifications to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

12. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. It is incorporated into these Terms by reference. Please read our Privacy Policy carefully.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law provisions.

• Informal Resolution First: If a dispute arises, you agree to contact us first and make a good-faith effort to resolve the issue informally before starting arbitration or court proceedings.
• Arbitration: Any dispute between you and us arising out of or relating to these Terms, or the Services that cannot be resolved informally will be finally resolved by binding arbitration on an individual basis, in English, in Hong Kong.
• Class Action Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
• Equitable Relief: Nothing in this Section limits either party from seeking injunctive or other equitable relief for misuse of intellectual property or unauthorized access to the Services.

14. Account Deletion and Termination

You may request deletion of your account and personal data through the App settings or by contacting us. Deleting your account does not automatically cancel an active App Store or Google Play subscription, which must be managed through the applicable platform settings.

We may suspend or terminate your access to the Services if you violate these Terms, misuse the Services, or create risk or potential legal exposure for us, other users, or third parties.

15. Severability and No Waiver

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary, and the remaining Terms will remain in full force and effect. Failure to exercise any right is not a waiver of that right.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Little Grass Co. Limited
Email: [email protected]