Gutopia Terms of Service

Effective Date: September 21, 2025
Last Updated: September 21, 2025

1. Who We Are

These Terms of Service ("Terms") govern your use of the Gutopia mobile application and related services (together, the "Service") provided by Gutopia Inc. ("we," "us," or "our").

By creating an account, downloading, or using the Service, you agree to these Terms.

Contact: support@gutopia.ai

2. Quick Summary

This summary is not a substitute for reading the full Terms

• Your data stays on your device - We don't upload your health logs to our servers
• Anonymous food analysis - Photo/text descriptions are sent WITHOUT any user identification for AI nutrition analysis and are never stored
• Authentication only in cloud - We only store email, encrypted password, and tokens online
• NOT medical advice - For self-tracking and education only, not diagnosis or treatment
• You control backups - Apple/Google backups may copy your data to their clouds at your discretion
• API limits apply - Fair use limits on AI-powered features to ensure service availability

3. Eligibility and Account Accuracy

You must be at least 13 years old (or the minimum age of digital consent in your region) to use the Service. Users under this age may only use the Service with parental consent and supervision where legally required.

You represent and warrant that:

• All information you provide is accurate, current, and complete
• You will maintain the accuracy of such information
• You are not impersonating any person or entity
• Your use complies with all applicable laws and regulations

Providing false information may result in immediate termination.

4. Account and Authentication

To access certain features, you agree to:

• Provide accurate account information and keep it updated
• Safeguard your login credentials and device
• Notify us promptly of any suspected unauthorized account use
• Not share your account with others
• Be responsible for all activity under your account

We store only what is necessary for authentication and security (see Privacy Policy).

5. Health and Medical Disclaimers

IMPORTANT: NO MEDICAL ADVICE

Gutopia is not a medical device and does not provide medical advice. The Service is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

In case of medical emergency, call your local emergency number (e.g., 911) immediately.

The Service is specifically NOT intended for:

• Diagnosis of medical conditions
• Treatment recommendations
• Medication dosing decisions
• Emergency medical situations
• Replacement of medical devices or professional monitoring

Never disregard or delay seeking professional medical advice because of information in the Service. Always consult with a qualified healthcare provider for medical conditions, symptoms, or treatment decisions.

FDA Disclaimer: This product is not FDA-approved and is not intended to diagnose, treat, cure, or prevent any disease.

6. API Usage and Fair Use Policy

Rate Limits and Abuse Prevention

To ensure service quality for all users, we enforce usage limits:

• AI Food Analysis: Limited to reasonable personal use (typically 20-50 analyses per day)
• Other API Services: Subject to daily and monthly limits
• Abuse Detection: Automated systems monitor for unusual patterns

Prohibited activities include:

• Automated or bot-driven requests
• Attempting to bypass rate limits
• Using the Service for commercial purposes without authorization
• Sharing API access with third parties
• Excessive requests that degrade service performance

We reserve the right to:

• Throttle or suspend API access for excessive use
• Terminate accounts showing abusive patterns
• Modify rate limits at our discretion
• Charge for usage exceeding free tier limits (with notice)

7. Subscription and Payment Terms

Free Tier

• Limited API calls per month
• Core tracking features
• Subject to change with notice

Premium Tier (When Available)

• Enhanced API limits
• Priority support
• Additional features
• Auto-renewal unless cancelled
• Price changes with 30-day notice

Billing Policies

• Subscriptions auto-renew unless cancelled 24 hours before period ends
• No refunds for partial periods except as required by law
• Pro rata refunds only for termination without cause by us
• Free trials automatically convert to paid unless cancelled

8. Local Storage and Data Responsibilities

• Your health data is stored locally on your device only
• We do not host or sync your health data
• You are responsible for:
  • Maintaining and testing backups
  • Securing your device (passcode, biometric lock, encryption)
  • Managing OS-level backups (iCloud, Google Drive)
  • Export accuracy and compatibility
  • Data loss from device issues

Backup Disclaimer: We are not responsible for data loss due to device failure, OS updates, app deletion, or user error. No warranty on data recovery.

9. License and Acceptable Use

We grant you a limited, revocable, non-exclusive, non-transferable license for personal, non-commercial use.

You agree NOT to:

• Reverse engineer or decompile the app (except as permitted by law)
• Interfere with or disrupt the Service or security features
• Store or transmit unlawful content
• Infringe others' rights
• Misrepresent your identity
• Scrape or harvest data from the Service
• Use automated systems to access the Service
• Circumvent any access restrictions
• Use the Service for illegal purposes
• Provide medical advice to others based on the app

10. User Content and Feedback

Your Content

You retain ownership of your health data and content. By using AI features, you grant us a limited license to process your content anonymously for that specific request only.

Feedback and Ideas

Any feedback, suggestions, or ideas you provide become our property without compensation. We may use them without restriction or attribution.

11. Intellectual Property

The Service, including content, software, logos, and trademarks, is owned by us or our licensors and protected by law. You retain ownership of your own content and entries on your device.

12. Third-Party Services

The Service may rely on:

• Authentication providers (Supabase)
• App store platforms (Apple, Google)
• Food nutrition APIs (Gemini AI)
• Open-source components under their respective licenses

Your use of such services is subject to their terms.

13. Data Retention and Deletion

• Active Accounts: Authentication data retained while account active
• Deleted Accounts: Authentication data removed within 30 days
• Anonymous Analytics: May be retained indefinitely for service improvement
• Legal Compliance: Data may be retained as required by law

14. Export and Portability

• Export features provided "as is"
• No guarantee of compatibility with other systems
• User responsible for verifying export completeness
• No obligation to provide specific formats

15. International Use

• Service primarily intended for U.S. users
• May not comply with laws of other countries
• Use at your own risk outside the U.S.
• Subject to U.S. export controls

16. Beta Features

Beta features are provided "as is" and may change, break, or be discontinued without notice.

17. Service Changes and Availability

We may change, suspend, or discontinue all or part of the Service at any time. We'll try to avoid changes that materially degrade functionality without good reason.

Force Majeure: Not liable for failures due to circumstances beyond reasonable control including natural disasters, wars, terrorism, labor disputes, governmental actions, or system failures.

18. Termination

• You may stop using the Service at any time
• We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice
• Immediate termination for Terms violations, illegal activity, or API abuse
• If we terminate your access without cause and you have an active paid subscription, we will provide a pro rata refund for the unused portion
• No refunds will be provided if we terminate your access due to violation of these Terms or any applicable laws
• Upon termination, your license ends immediately
• Your on-device data remains unless you delete it

19. Dispute Resolution

Arbitration Agreement

YOU AGREE THAT DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION, NOT IN COURT, except for small claims court matters.

Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS against us.

Process

• First attempt informal resolution by contacting support@gutopia.ai
• If unresolved after 60 days, binding arbitration under AAA rules
• Arbitration in Delaware unless mutually agreed otherwise
• Each party bears own costs unless arbitrator determines otherwise

Exceptions

• Small claims court actions
• Injunctive relief for IP violations

20. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant:

• Uninterrupted or error-free service
• Accuracy or reliability of results
• Correction of defects
• Freedom from viruses or harmful components
• Compatibility with all devices

21. Limitation of Liability

To the fullest extent permitted by law, Gutopia Inc. and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, goodwill, or other intangible losses.

Our total liability for any claim will not exceed the greater of $50 USD or the amount you paid for the Service in the 12 months before the claim.

These limitations apply even if we knew or should have known about the possibility of damages.

22. Indemnification

You agree to indemnify, defend, and hold harmless Gutopia Inc., its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or information
• Your violation of any laws or regulations

23. App Store Terms

If downloaded from Apple App Store or Google Play:

• The store provider is not responsible for the app or its content
• The store provider has no obligation to furnish maintenance or support
• You must comply with the store's terms and policies
• The store provider and its subsidiaries are third-party beneficiaries of these Terms

24. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law rules.

25. General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and us.

Severability

If any provision is unenforceable, the remaining provisions continue in effect.

Waiver

No waiver of any term is effective unless in writing.

Assignment

You may not assign these Terms. We may assign them without restriction.

Notices

Legal notices to us must be sent to support@gutopia.ai.

26. Modifications to Terms

We may update these Terms from time to time. Material changes will be notified by:

• Updating the "Last Updated" date
• In-app notice where appropriate
• Email for significant changes

Continued use after changes means you accept the updated Terms.

27. Contact Information

Gutopia Inc.
Email: support@gutopia.ai
Legal: legal@gutopia.ai

By using Gutopia, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.