Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and D23 Ventures Ltd, a company registered in the Republic of Cyprus (registration number HE 489062), with its registered office at Agiou Georgiou 52, 7737 Maroni, Cyprus (“D23 Ventures,” “we,” “us”). They govern your use of the Food Secret mobile application (the “App”) and the food-secret.com website (the “Site”) (together, the “Service”).

Food Secret is one of several consumer software products operated by D23 Ventures Ltd. These Terms apply only to Food Secret.

Please read these Terms carefully. By creating an account, installing the App, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. The Service

Food Secret is a nutrition-tracking iOS app that lets you scan meals and barcodes, log calories and macronutrients, track weight and water intake, view a 0–100 score and a “life-impact” reading for foods, and (optionally) integrate with Apple HealthKit. Some features require a paid subscription.

2. Eligibility

You must be at least thirteen (13) years old to use the Service. If you live in the European Economic Area or the United Kingdom and are below the age of consent for data processing in your country (which may be up to 16), you may use the Service only with the involvement of a parent or guardian. You confirm that the information you provide at sign-up is accurate and that you will keep it up to date.

3. Your account

You are responsible for safeguarding the credentials of your account and for any activity that takes place under it. You may not let anyone else use your account, and you may not create an account on behalf of another person without their permission. If you suspect unauthorised access, contact info@food-secret.com without delay.

You may delete your account at any time from inside the App (Settings → Account → Delete Account). See our Account Deletion page for details.

4. Subscriptions and billing

Certain features of Food Secret require a paid subscription purchased through Apple’s in-app purchase system. Your subscription auto-renews unless you cancel it at least 24 hours before the end of the current period. All purchases, renewals, and refunds are handled by Apple under Apple’s Media Services Terms. For full details, see our Subscription Terms.

5. Acceptable use

You agree not to:

• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except where this is permitted by mandatory local law.
• Scrape, harvest, or otherwise extract data from the App or our back-end systems by automated means.
• Create accounts for other people without their permission, or impersonate any person or entity.
• Upload content that is unlawful, infringing, defamatory, obscene, malicious, or otherwise harmful.
• Use the Service to send spam or other unsolicited messages.
• Resell, sublicense, or otherwise commercially exploit access to the Service.
• Interfere with the operation of the Service or attempt to gain unauthorised access to any part of it.
• Use the Service in any way that violates applicable laws or the rights of any third party.

6. Your content

You retain ownership of the content you submit to the Service, including meal photos, dish names, notes, and feedback (your “Content”). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, and display your Content solely for the purpose of operating and improving the Service. We do not claim ownership of your Content.

If you submit feedback or suggestions about the Service, you agree that we may use those suggestions without obligation to you.

7. Intellectual property

All rights in the App, the Site, the Food Secret name and logo, the underlying software, the user interface, the scoring algorithm, and all related content are and remain the property of D23 Ventures Ltd or its licensors. Nothing in these Terms transfers any of those rights to you. We grant you a limited, personal, non-transferable, revocable licence to use the App on Apple-branded devices you own or control, for personal, non-commercial purposes, in accordance with these Terms and Apple’s App Store Terms.

8. Health disclaimer

Food Secret provides general informational and educational content about food and nutrition. It is not a medical device and is not a substitute for professional medical advice, diagnosis, or treatment. See our Health Disclaimer for important information about how to use the App safely, especially if you have a medical condition, are pregnant, or have severe food allergies.

9. Disclaimers and warranties

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted operation. We do not warrant that food, nutrition, ingredient, allergen, or scoring data is complete, accurate, or current.

Nothing in these Terms excludes or limits any rights you have as a consumer that cannot be excluded or limited under applicable law (including non-excludable rights you have as a consumer in the European Union, the United Kingdom, or Australia).

10. Limitation of liability

To the maximum extent permitted by applicable law, D23 Ventures Ltd, its directors, employees, and sub-processors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, goodwill, or other intangible losses, arising out of or in connection with your use of the Service.

Our total aggregate liability arising out of or in connection with these Terms or the Service is limited to the greater of (a) the amounts you have paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) twenty euros (€20).

Nothing in these Terms excludes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable law.

11. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless D23 Ventures Ltd and its directors, employees, and sub-processors from any claim, demand, loss, damage, or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Service, or your violation of any law or the rights of a third party.

12. Termination

You may stop using the Service at any time and delete your account from inside the App. We may suspend or terminate your access to the Service if you breach these Terms, if we are required to do so by law, or if we decide to discontinue the Service. On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and dispute resolution) will continue to apply.

13. Governing law and jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Republic of Cyprus, without regard to its conflict-of-laws principles. Subject to any non-waivable rights you have as a consumer, the courts of the Republic of Cyprus shall have exclusive jurisdiction to hear any dispute arising out of or in connection with these Terms or the Service.

If you are a consumer resident in the European Union, you may also bring proceedings in the courts of the EU member state where you are habitually resident. The European Commission operates an online dispute-resolution platform available at ec.europa.eu/consumers/odr.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will revise the “Last updated” date at the top of this page and, where appropriate, notify you in the App or by email. Your continued use of the Service after the changes take effect means you accept the revised Terms.

15. Miscellaneous

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce a provision of these Terms is not a waiver of our right to do so later.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets.

Entire agreement. These Terms, together with the Privacy Policy, the Subscription Terms, and the Health Disclaimer, constitute the entire agreement between you and D23 Ventures Ltd regarding the Service and supersede any prior agreements.

16. Apple App Store additional terms

The following additional terms apply when you obtain the App from the Apple App Store, and prevail over any conflicting provision elsewhere in these Terms:

• These Terms are concluded between you and D23 Ventures Ltd only, and not with Apple Inc. (“Apple”). Apple is not responsible for the App or its content.
• The licence granted to you for the App is a limited, non-transferable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms.
• Apple has no obligation to provide any maintenance or support services with respect to the App. Any questions or complaints about the App should be directed to D23 Ventures Ltd at info@food-secret.com.
• In the event that the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
• D23 Ventures Ltd, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including product-liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection or similar legislation.
• D23 Ventures Ltd, not Apple, is responsible for the investigation, defence, settlement, and discharge of any third-party intellectual-property infringement claim relating to the App or your possession or use of the App.
• You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, 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.

17. Contact

For any questions about these Terms, contact us at:

D23 Ventures Ltd
Agiou Georgiou 52
7737 Maroni
Cyprus
Company registration: HE 489062
Email: info@food-secret.com