EatWrite Logo
EatWrite

EatWrite Terms of Service

Effective Date: April 11, 2025

This Terms of Service agreement ("Agreement") establishes the contractual relationship between you, EatWrite, LLC and its affiliates. ("EatWrite", "we", "our", or "us"). By accessing or utilizing our platform, you acknowledge that you have read, understood, and consent to be bound by this Agreement and our Privacy Policy, which is incorporated by reference.

"Platform" refers to the EatWrite website, mobile applications, and all associated services.

"Nutrition Database" encompasses our proprietary collection of food items, nutritional values, and ingredient information.

"User Content" means any information, data, text, recipes, or other materials uploaded, entered, or otherwise transmitted by users through the Platform.

1. Eligibility Requirements

The Platform is designed for individuals who are at least 12 years of age. However, if you have not yet reached the age of majority in your state or jurisdiction of residence, you may only access the Platform with the express permission and supervision of a parent or legal guardian who agrees to be bound by this Agreement.

Parental Responsibility

If you are a parent or legal guardian permitting a minor to use our Platform, you acknowledge full responsibility for:

  • Supervising the minor's use of our Platform
  • Ensuring the minor's compliance with all terms of this Agreement
  • Any consequences of the minor's use of the Platform

Age Restrictions

The Platform expressly prohibits use by individuals under 12 years of age. We implement various verification measures to prevent such usage, though no system is infallible. Parents and guardians should monitor their children's online activities accordingly.

Registration Obligations

To access the Platform's complete functionality, you must create an account using accurate, current information. You agree to maintain and promptly update this information should any changes occur.

Security Responsibilities

You maintain sole responsibility for preserving the confidentiality of your login credentials and for all activity occurring under your account. Any suspected unauthorized access must be reported immediately to support@eatwrite.io.

2. Intellectual Property and User Content

EatWrite Proprietary Rights

The Platform, including its visual interfaces, interactive features, information, graphics, design, compilation, and code, is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted are reserved by EatWrite.

Limited License to Users

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes.

User Content License

When you contribute User Content, you retain ownership rights but grant EatWrite a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content in connection with providing and promoting the Platform.

Content Responsibility

You bear sole responsibility for all User Content you submit, including its legality, reliability, and appropriateness. You represent that you possess the necessary rights to grant the licenses described herein.

Prohibited Content Categories

You agree not to submit User Content that:

  • Contains false, defamatory, or misleading information
  • Promotes discrimination, intolerance, or violence
  • Infringes intellectual property rights
  • Contains malicious code or technology
  • Promotes dangerous nutritional practices
  • Violates applicable laws or regulations

Content Monitoring

While we do not proactively review all User Content, we reserve the right to monitor, edit, or remove content that violates this Agreement or is otherwise objectionable, at our sole discretion.

DMCA Copyright Policy

If you believe content on our Platform infringes your copyright, you may request removal by submitting a notification under the Digital Millennium Copyright Act (DMCA) to legal@eatwrite.io. Your notification must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.

3. Subscription and Billing

We offer enhanced functionality through subscription-based access ("Premium Access"). Premium Access provides additional analytical tools, expanded database access, advertisement-free experience, and other specialized features. Subscription fees are collected according to the package selected (monthly or annual) using your designated payment method. All fees are charged at the commencement of the applicable subscription period. Subscriptions automatically renew for the same duration as the original term unless cancelled prior to the renewal date. You may cancel your subscription through your account settings. Upon cancellation, Premium Access remains available until the conclusion of the current billing period, after which your account reverts to standard access. We do not provide prorated refunds for partial subscription periods.

Free Trials

We may offer temporary promotional access to Premium features for a specified duration. Free Trial eligibility is determined at our sole discretion and may be limited to new users or specific account categories.To activate a Free Trial, you may need to provide a valid payment method for verification. This payment method will not be charged during the Free Trial but will be stored for automatic conversion unless cancelled. Upon Free Trial expiration, your account will automatically convert to a paid subscription at the standard rate unless you cancel prior to the conclusion of the trial period.

Fee Adjustment Authority

EatWrite reserves the right to modify pricing for any subscription tiers. We will provide at least thirty (30) days advance notice of pricing changes through email, in-platform notifications, or other communication channels. For existing subscribers, price adjustments take effect only at the commencement of your next billing cycle. Your continued use of Premium Access following price changes constitutes acceptance of the modified fee structure.

4. Health and Medical Clarifications

The Platform provides nutritional tracking and informational tools only. Nothing contained within the Platform constitutes medical advice, diagnosis, or treatment recommendations. We do not establish a healthcare provider-patient relationship with users.

Professional Consultation Recommendation

Before initiating any dietary modification, weight management program, or fitness regimen, particularly for individuals with pre-existing health conditions, users should consult qualified healthcare professionals.

Nutritional Philosophy

Our Platform supports balanced nutritional approaches and healthy relationships with food. We explicitly discourage extreme caloric restriction, harmful dietary practices, or any usage that promotes disordered eating behaviors.

5. Platform Usage Restrictions

You agree not to engage in any of the following prohibited activities when using the Platform:

  • Data Scraping: You may not use automated tools, bots, crawlers, scrapers, or similar technologies to extract, collect, or harvest data from the Platform
  • Reverse Engineering: You may not decompile, disassemble, or otherwise attempt to derive the source code of the Platform
  • Unauthorized Access: You may not attempt to gain unauthorized access to any portion of the Platform or any systems or networks connected to the Platform
  • Commercial Exploitation: You may not use the Platform for any commercial purpose without our express written consent
  • Service Disruption: You may not interfere with or disrupt the operation of the Platform or servers connected to the Platform
  • Impersonation: You may not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity
  • Content Misuse: You may not download, store, reproduce, transmit, display, copy, distribute, or otherwise use the Nutrition Database in whole or in part for any commercial purpose

Academic and Research Limitations

The nutritional data available through our Platform may not be used for academic or research purposes without obtaining a separate license. This includes, but is not limited to, data analysis for academic publications, research studies, or institutional projects.

AI and Automated Processing Restrictions

You agree not to use any Content from the Platform to train, develop, test, or improve artificial intelligence systems, machine learning models, or other automated processing systems. This includes using our nutritional data, user interfaces, or any other Content for the purpose of creating training datasets for AI models.

Compliance Monitoring

We reserve the right to monitor for compliance with these restrictions and to implement technical measures to prevent prohibited activities. Violations may result in immediate termination of your access to the Platform and possible legal action.

6. Nutrition Database Provisions

Our Nutrition Database integrates information from multiple sources, including government databases, manufacturer information, scientific literature, and our analytical processes. While we strive for precision, the Nutrition Database is provided for informational purposes only. Nutritional values may vary due to natural variation, manufacturing changes, or data collection limitations. We do not warrant the completeness, timeliness, or absolute accuracy of any nutritional information.

Ingredient Information Disclaimer

The ingredient listings provided in our Nutrition Database are compiled from various sources and may not reflect recent reformulations or regional variations. For individuals with food allergies, sensitivities, or specific dietary requirements, it is imperative to verify ingredient information directly with manufacturers before consumption.

7. Application Enhancement Protocol

EatWrite periodically releases application enhancements, maintenance updates, security patches, feature additions, and performance optimizations (collectively, "Updates") for the Platform. These Updates may be delivered automatically or require manual installation depending on your device settings and the nature of the Update.

Updates generally fall into the following categories:

  • Critical Updates: Address significant security vulnerabilities, critical bugs, or compliance requirements
  • Feature Updates: Introduce new functionality, interface improvements, or expanded capabilities
  • Performance Updates: Optimize application performance, stability, or resource utilization
  • Content Updates: Refresh or expand our Nutrition Database with additional food items or revised nutritional information

Certain Updates, particularly those addressing security vulnerabilities or critical functionality, may be designated as mandatory. Continued access to the Platform may be contingent upon installation of these mandatory Updates within a reasonable timeframe following their release.

While we strive to maintain backward compatibility, certain Updates may modify existing functionality, adjust feature availability, introduce minimum system requirements, or temporarily restrict access to certain features during implementation. Our mobile applications require compatible devices and software. Performance may vary based on device specifications, operating system versions, and network conditions.

If you download our application through a third-party distribution channel (e.g., Apple App Store, Google Play), you acknowledge that this Agreement is between you and EatWrite, not with the distribution channel provider.

8. Third-Party Integrations

The Platform may offer integration with third-party services such as fitness trackers, health apps, social media platforms, and other complementary services. Connecting third-party services to your account requires your explicit authorization. You acknowledge that such authorization may grant EatWrite access to certain information from your third-party accounts as specified during the authorization process.

Information exchanged with third-party services is subject to their respective privacy policies and terms of service. We are not responsible for the security, privacy practices, or content of any third-party services.

Third-party integrations may be modified, suspended, or terminated at any time, with or without notice, due to changes in third-party APIs, policy updates, or other factors outside our control. EatWrite is not liable for any loss of functionality resulting from such changes.

You may revoke EatWrite's access to connected third-party services at any time through your account settings or the third-party service's own permission controls.

9. Privacy Rights and Protections

Depending on your jurisdiction, you may possess some or all of the following rights regarding your personal information:

  • Right to Information Access: You may request disclosure of categories and specific pieces of personal information we have collected about you.
  • Right to Information Deletion: You may request deletion of your personal information, subject to certain exceptions necessary for legitimate business purposes or legal obligations.
  • Right to Information Correction: You may request correction of inaccurate personal information maintained about you.
  • Right to Opt Out: You may direct us to cease selling or sharing your personal information with third parties.
  • Right to Limit Processing: You may restrict the processing of sensitive personal information to specified purposes.
  • Right to Equal Service: You will not receive discriminatory treatment for exercising your privacy rights.

To exercise these rights, contact us at support@eatwrite.io. We will respond within the timeframe prescribed by applicable law.

We collect various data categories including information you provide directly, device and technical information, usage patterns, and location data (when permitted). For comprehensive information regarding our data practices, please review our Privacy Policy.

California Privacy Rights

California residents have specific rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). In addition to the rights listed above, California residents may:

  • Request disclosure of the categories of third parties with whom personal information is shared
  • Opt out of the sale or sharing of personal information
  • Limit the use and disclosure of sensitive personal information
  • Access information about automated decision-making technology, if used

10. Data Retention and Export

We retain your account information and User Content for as long as your account remains active. Following account deletion, we may retain certain information for a limited period to comply with legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

Inactive Account Policy

Accounts that remain inactive for a period of twenty-four (24) consecutive months may be subject to deletion following notification to the registered email address.

Data Export Rights

You may request an export of your personal data in a machine-readable format by contacting support@eatwrite.io. The export will include your account information and nutritional tracking data, but may exclude certain derived data, aggregated statistics, or proprietary calculations.

Backup Retention

Even after account deletion, information may persist in our backup systems for a limited period before being permanently removed in accordance with our regular backup rotation and data retention schedules.

Business Transfers

In the event of a merger, acquisition, or other transfer of our business assets, user data may be among the assets transferred to the acquiring entity, subject to the commitments in this Agreement and applicable privacy laws.

11. Liability Limitations

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EATWRITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our aggregate liability for all claims related to this Agreement shall not exceed the greater of the amounts paid by you to EatWrite during the twelve months preceding the claim or one hundred dollars ($100).

12. Indemnification

You agree to defend, indemnify, and hold harmless EatWrite, its officers, directors, employees, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of any terms of this Agreement
  • Your User Content or any content you submit, post, or transmit through the Platform
  • Your use of or activities in connection with the Platform
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws, rules, or regulations
  • Any misrepresentation made by you

Cooperation Requirement

You agree to cooperate as reasonably required in the defense of any claim. EatWrite reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of EatWrite.

Survival of Obligation

This indemnification obligation will survive the termination of this Agreement and your use of the Platform.

Notification Procedure

If you become aware of any actual or potential claim, demand, or action for which you would be required to indemnify EatWrite, you must promptly notify us in writing. Failure to provide timely notification shall not relieve you of your indemnification obligations unless such failure materially prejudices EatWrite's ability to defend against such claim.

Limitation on Claims

Nothing in this indemnification section shall require you to indemnify EatWrite for its own negligence or willful misconduct.

13. Dispute Resolution Mechanism

Resolution Progression

If a dispute arises, we encourage direct communication through our support channels at support@eatwrite.com. Most concerns can be addressed through this initial outreach.

Arbitration Provision

Any unresolved dispute shall be resolved through binding arbitration conducted by a neutral arbitrator in accordance with the American Arbitration Association's rules, except for claims properly brought in small claims court or involving intellectual property rights.

Class Proceedings Waiver

YOU AND EATWRITE AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of California and the United States federal law as applicable, without regard to its conflict of law principles.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay results from circumstances beyond its reasonable control, including but not limited to: acts of God; natural disasters; pandemic; epidemic; war; terrorism; riot; civil unrest; government action; internet service provider failures or delays; or denial of service attacks.

In the event of a force majeure occurrence, the affected party shall:

  • Provide prompt notice to the other party, if possible
  • Take reasonable steps to minimize the impact and resume performance as soon as reasonably possible
  • Keep the other party informed of its efforts to resume performance

If a force majeure event prevents EatWrite from providing the Platform for a period exceeding thirty (30) consecutive days, either party may terminate this Agreement upon written notice.

16. Assignment Rights

You may not assign, delegate, sublicense, or otherwise transfer any of your rights or obligations under this Agreement without our prior written consent.

EatWrite may assign, delegate, sublicense, or otherwise transfer any or all of its rights or obligations under this Agreement to any person or entity without your consent or approval, including in connection with a merger, acquisition, sale of assets or equity, or corporate reorganization.

Any attempted assignment in violation of this section shall be void. Subject to the foregoing restrictions, this Agreement will be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns.

17. Concluding Provisions

We may revise this Agreement periodically. Material changes will be communicated through our website or email. Your continued use following such notification constitutes acceptance of the modified terms.

We reserve the right to suspend or terminate access to the Platform for violations of this Agreement or for any other reason at our discretion. You may terminate your account at any time through the account settings.

Severability Clause

If any provision of this Agreement is deemed unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full effect.

Waiver

No failure or delay by EatWrite in exercising any right under this Agreement will constitute a waiver of that right. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Entire Agreement

This Agreement, together with the Privacy Policy and any additional terms incorporated by reference, constitutes the entire agreement between you and EatWrite concerning the subject matter herein and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

18. Contact Us

For questions regarding this Agreement, please contact us at: support@eatwrite.com