These Terms of Service ("Terms") form a binding agreement between you and Numen Labs ("Numen Labs", "we", "us") governing your use of the Bitesy and Bitesy+ mobile applications, website, and related services (the "Service"). Please read them carefully. By creating an account or using the Service, you agree to these Terms.

1. Acceptance of Terms

By accessing or using the Service you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service. If you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to both you and that organisation.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service, and you must not be barred from using it under any applicable law, including trade sanctions and export-control laws. By using the Service you represent that you meet these requirements.

3. Accounts and Security

You must provide accurate information when registering and keep it current. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at support@numenlabs.net if you suspect unauthorised access. You may not share your account, sell it, or transfer it to another person.

4. Licence to Use the Service

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Service for your own personal, non-commercial purposes, or for your internal professional use if you are a trainer using the trainer features. All rights not expressly granted are reserved.

You may not: copy, modify, translate, or create derivative works of the Service; reverse engineer, decompile, or disassemble any part of it except to the extent that such restriction is prohibited by applicable law; rent, lease, lend, sell, sublicense, or redistribute it; remove or obscure any proprietary notice; or use it to build a competing product or service.

Apple App Store terms. If you obtained the app from the Apple App Store, this licence is granted subject to Apple's Licensed Application End User Licence Agreement, and the following apply: this agreement is between you and Numen Labs, not Apple; Apple has no obligation to provide maintenance or support; in the event the app fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price, and Apple has no other warranty obligation; Apple is not responsible for addressing any claim relating to the app, including product liability, legal compliance, or intellectual-property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

5. Subscriptions, Billing, and Auto-Renewal

5.1 Plans and pricing

Bitesy+ is offered as an auto-renewing subscription. Current plans and prices are displayed in the app before you purchase: [CONFIRM current pricing — at the time of drafting, US$4.99 per month and US$29.99 per year]. Prices are stated in the currency shown at checkout and are exclusive of taxes unless stated otherwise; you are responsible for any applicable sales tax, VAT, GST, or similar charges.

5.2 Free trial

Where a free trial is offered, it applies to the monthly plan and lasts [7 — CONFIRM] days. Unless you cancel at least 24 hours before the trial ends, the trial converts automatically into a paid subscription and your payment method is charged the then-current monthly price. Free trials are limited to one per user and may not be combined with other offers. We may modify or withdraw trial offers at any time for future purchases.

5.3 Automatic renewal

Your subscription renews automatically at the end of each billing period — monthly or annually, according to the plan you selected — at the then-current price, unless you cancel first. Renewal is charged within 24 hours before the end of the current period. Auto-renewal continues until you cancel.

5.4 How to cancel

• Purchases through the Apple App Store: manage or cancel in Settings → [your name] → Subscriptions on your device. Cancellation must be completed at least 24 hours before the end of the current period to avoid the next charge. We cannot cancel or refund an App Store subscription on your behalf.
• Purchases through Google Play: manage or cancel in the Google Play Store under Payments & subscriptions → Subscriptions.
• Purchases made on the web through Stripe: cancel from the billing portal accessible in the app's Settings screen, or contact us.

After cancellation you retain access to paid features until the end of the period you have already paid for. Deleting the app does not cancel your subscription.

5.5 Refunds

Except where a refund is required by law or by the applicable app-store policy, payments are non-refundable and there are no refunds or credits for partial periods, unused features, or periods during which you did not use the Service.

• App Store and Google Play purchases: refunds are administered solely by Apple or Google under their policies. Requests must be made to them directly.
• Web purchases: contact support@numenlabs.net. [CONFIRM whether a discretionary refund window — for example 14 days from first purchase — will be offered, and state it here.]
• EU, UK, and applicable Canadian consumers: you may have a statutory right to withdraw from a distance contract within 14 days. Where you ask us to begin providing the Service immediately, you acknowledge that you may lose that right once performance has begun, or may be charged for the value of what has been supplied. See Section 17.

5.6 Price changes

We may change subscription prices. We will give you at least [30 — CONFIRM] days' notice by email or in-app before a change takes effect for your subscription, and, where required by law or app-store rules, we will obtain your consent. If you do not agree, you may cancel before the change takes effect. Continued use after the effective date constitutes acceptance of the new price.

5.7 Failed payments

If a payment fails, we or our payment provider may retry it. We may suspend or downgrade your access to paid features until payment is received. You are responsible for keeping your payment method valid and current.

6. Your Content

"Your Content" means anything you submit to the Service, including meal plans, recipes, ratings, reviews, photographs, group and potluck entries, and messages to the Poli assistant. You retain all ownership rights in Your Content.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt, and display Your Content solely to operate, provide, secure, and improve the Service, and to display it to the users you have chosen to share it with. This licence ends when you delete Your Content or your account, except that we may retain copies as described in our Privacy Policy where required by law, and copies already shared with other users may persist in their accounts.

You represent that you own or have the necessary rights to Your Content and that it does not infringe any third-party right or violate any law. Where you submit information about another person — for example a client's health data through the trainer features — you represent that you have obtained all necessary consents and have a lawful basis to do so, and you agree to indemnify us in respect of any claim arising from a failure to do so.

[CONFIRM whether we intend to use Your Content, in aggregated or de-identified form, to train or improve models. If so, that use must be described here and in the Privacy Policy, and in the EEA and UK it will likely require a separate lawful basis and opt-out.]

7. Acceptable Use

You agree not to:

• Submit, post, or transmit content that infringes or misappropriates a third party's patent, copyright, trademark, trade secret, moral rights, or rights of publicity or privacy, or that violates or encourages any conduct that would violate any law or regulation or give rise to civil liability.
• Submit content that is unlawful, defamatory, harassing, hateful, threatening, obscene, or that promotes disordered eating, self-harm, or medically dangerous practices.
• Use, display, mirror, or frame the Service or any element of it, the Bitesy or Numen Labs names, trademarks, or logos, or the layout and design of any page, without our express written consent.
• Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security, authentication, rate-limiting, or paywall measure.
• Access the Service by automated means, including scraping, crawling, or bots, or use it to build a dataset or a competing product.
• Impersonate any person or entity, or misrepresent your affiliation.
• Interfere with, disrupt, or place undue load on the Service or its infrastructure.
• Attempt to manipulate the AI features into producing unlawful, harmful, or medically dangerous output, or resell access to those features.

We may investigate and take any action we consider appropriate for a violation, including removing content, suspending or terminating accounts, and reporting conduct to law enforcement.

8. Our Intellectual Property

The Service, including its software, design, text, graphics, and the Bitesy, Bitesy+, Poli, and Numen Labs names and logos, is owned by Numen Labs or its licensors and is protected by intellectual property law. Nutritional reference data is sourced from third parties, including USDA FoodData Central, Spoonacular, and Open Food Facts, and remains subject to their respective licences. Feedback you send us about the Service is given without restriction, and we may use it freely without compensation or attribution.

9. No Medical or Professional Advice

The Service is for general informational and educational purposes only. It does not provide medical, nutritional, or other professional advice, and it does not diagnose, treat, cure, or prevent any disease. Calorie, macronutrient, portion, cost, and cooking-time figures are estimates generated in part by automated systems and may be inaccurate or incomplete.

Always consult a qualified physician or registered dietitian before starting or changing a diet, particularly if you are pregnant or nursing, are under medical care, take medication, or have a medical condition including diabetes, cardiovascular disease, kidney disease, an eating disorder, or a food allergy. Never rely on the Service to determine whether a food is safe for an allergy or intolerance — always verify ingredients and labels yourself. Follow safe food-handling and cooking practices, including recommended internal temperatures, independently of any instruction generated by the Service. Never disregard professional medical advice, or delay seeking it, because of something you read in the Service. If you have a medical emergency, call your local emergency number.

You use the Service and act on its output at your own risk. Numen Labs is not a healthcare provider, and no clinician–patient relationship is created by your use of the Service.

10. Third-Party Services

The Service integrates third-party services, including Apple, Google, Stripe, RevenueCat, and third-party nutrition data providers. Your use of those services is governed by their own terms and privacy policies. We do not control and are not responsible for third-party services or content, and their availability may change or cease without notice.

11. Changes to the Service and to These Terms

We may modify, suspend, or discontinue the Service or any feature at any time. We will give reasonable notice of a material adverse change where practicable, and if we discontinue a paid feature you have purchased, we will provide a pro-rata refund or equivalent credit where required by law.

We may revise these Terms. We will update the "Last updated" date above and, for material changes, give at least [30 — CONFIRM] days' notice in the app or by email before they take effect. Your continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and may cancel your subscription. Changes will not apply retroactively to a dispute of which we had notice before the change.

12. Disclaimer of Warranties

To the maximum extent permitted by applicable law:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY NUTRITIONAL, MACRONUTRIENT, PRICING, COOKING-TIME, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOUR CIRCUMSTANCES. WE DO NOT WARRANT THAT USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR HEALTH, WEIGHT, FITNESS, OR NUTRITIONAL RESULT.

Some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above may not apply to you. See Section 17.

13. Limitation of Liability

To the maximum extent permitted by applicable law:

NUMEN LABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) [US$100 — CONFIRM].

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any other liability that cannot be excluded or limited under applicable law. These exclusions and limitations apply even if a remedy fails of its essential purpose, and they form an essential basis of the bargain between us. Some jurisdictions do not allow certain limitations, so some may not apply to you. See Section 17.

14. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Numen Labs and its officers, directors, employees, and agents from and against any claim, demand, loss, liability, damage, cost, or expense, including reasonable legal fees, arising out of or relating to: (a) Your Content; (b) your use of the Service; (c) your breach of these Terms or of any applicable law; (d) your infringement of a third party's rights; or (e) health data or other personal information about a third party that you submitted to the Service without the necessary consents or lawful basis. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification, and you agree to cooperate with our defence. This section does not apply to the extent a claim arises from our own breach or negligence, and it does not limit any mandatory consumer protection that applies to you.

15. Dispute Resolution

[ATTORNEY REVIEW ESSENTIAL. Arbitration and class-action waivers are generally unenforceable against consumers in the EU and UK, and are restricted in several Canadian provinces including Quebec and Ontario. Section 15 is drafted to apply only to US users, with other users routed to Section 15.7. Confirm the approach, the arbitral forum and rules, the seat, and the fee allocation, and confirm compliance with the current mass-arbitration and pre-dispute-notice case law.]

15.1 Informal resolution first

Before starting a formal proceeding, you agree to contact us at support@numenlabs.net with a written description of the dispute and the relief sought, and to allow us [60 — CONFIRM] days to resolve it. This step is a condition precedent to arbitration or litigation, and the limitation period is tolled while it is under way.

15.2 Binding arbitration (US users)

If you reside in the United States and the dispute is not resolved informally, you and Numen Labs agree that any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitrationadministered by [the American Arbitration Association under its Consumer Arbitration Rules — CONFIRM], rather than in court, except as provided in Section 15.5. The Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be conducted in English, by a single arbitrator, in [CONFIRM county and state] or, at your election, by telephone, videoconference, or on documents only. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. [CONFIRM allocation of filing and arbitrator fees; consumer arbitration rules and unconscionability case law require that fees not be prohibitive.]

15.3 Class-action waiver (US users)

You and Numen Labs agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this waiver is found unenforceable as to a particular claim or remedy, that claim or remedy will be severed and heard in court, and the remainder will proceed in arbitration.

15.4 Jury-trial waiver (US users)

To the extent permitted by law, you and Numen Labs waive any right to a trial by jury in any proceeding arising out of or relating to these Terms.

15.5 Exceptions

Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

15.6 Your right to opt out of arbitration

You may opt out of Sections 15.2 to 15.4 by sending written notice to support@numenlabs.net with the subject line "Arbitration Opt-Out", stating your name and the email address associated with your account, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms and will not be held against you.

15.7 Users outside the United States

Sections 15.2 to 15.4 do not apply to you if you are a consumer resident in the European Economic Area, the United Kingdom, or a Canadian province whose law restricts pre-dispute arbitration agreements. You may bring proceedings in the courts of your country of residence, and you retain the right to rely on the mandatory consumer-protection law of that country. EU and UK consumers may also use the applicable online dispute-resolution or alternative dispute-resolution mechanisms available to them.

16. Governing Law and Venue

These Terms are governed by the laws of [CONFIRM — for example the State of [State], United States], without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 15, the state and federal courts located in [CONFIRM county and state] have exclusive jurisdiction, and you consent to their personal jurisdiction and venue.

Consumers outside the chosen jurisdiction. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory law of your country of habitual residence, and you may bring proceedings in the courts of that country where the applicable law so provides.

17. Mandatory Consumer Rights

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, or remedy that applicable consumer-protection law confers on you and that cannot lawfully be excluded. This includes, without limitation:

• European Union: rights under the Consumer Rights Directive, the Directive on contracts for the supply of digital content and digital services, and the Unfair Contract Terms Directive, including the 14-day right of withdrawal and remedies for non-conformity of digital content.
• United Kingdom: rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
• Canada: rights under applicable provincial consumer protection legislation, including the Quebec Consumer Protection Act and the Ontario Consumer Protection Act.
• United States: non-waivable rights under applicable federal and state consumer protection law.

Where a provision of these Terms conflicts with such a right, that right prevails to the extent of the conflict.

18. Termination

You may stop using the Service at any time and may delete your account from the Settings screen or by contacting support@numenlabs.net. Deleting your account does not itself cancel a subscription purchased through an app store — see Section 5.4.

We may suspend or terminate your access, with or without notice, if you materially breach these Terms, if we are required to do so by law, if your continued use poses a risk to us or to other users, or if we discontinue the Service. Where the circumstances permit, we will give you notice and an opportunity to remedy the breach. If we terminate your account without cause while you hold a paid subscription, we will refund the unused portion of your current period.

On termination, your licence ends and you must stop using the Service. Sections 6 (as to licences already granted for shared content), 8, 9, 12, 13, 14, 15, 16, 17, and 19 survive termination.

19. General

• Force majeure. Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil unrest, labour dispute, governmental action, failure of a utility or telecommunications provider, or failure of a third-party hosting or payment provider. This does not excuse your obligation to pay amounts already due.
• Severability. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganisation, or sale of assets, or to an affiliate.
• Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented for a specific feature, constitute the entire agreement between you and Numen Labs regarding the Service and supersede all prior agreements and understandings on that subject.
• No third-party beneficiaries. Except for Apple and its subsidiaries as provided in Section 4, these Terms create no third-party beneficiary rights.
• Notices. We may give notice by email to the address on your account or by in-app message. You must give notice to us at the email address in Section 20.
• Language. These Terms are drafted in English. Any translation is provided for convenience, and the English version prevails in the event of a conflict, except where applicable law requires otherwise.
• Headings. Headings are for convenience only and do not affect interpretation.

20. Contact

Numen Labs — support@numenlabs.net

[COMPLETE BEFORE PUBLICATION: full legal entity name, entity type and jurisdiction of incorporation, company registration number, registered postal address, and — for EU consumers — the trader-identification details required by the Consumer Rights Directive.]