Terms of use

Terms of Use

Introduction

The DietAI Tracker by DietniAI Ltd. (hereinafter "the Company") is an innovative chatbot that leverages advanced technology from OpenAI and/or Google Gemini to provide personalized dietary solutions and nutritional chatbot services on various platforms such as WhatsApp, GPT's, Instagram, and Facebook Manager.

As you embark on your journey towards a healthier lifestyle with us, please read and acknowledge the following guidelines: By accessing or using the services of the Company, the DietAI chatbot, or the website www.DietniAI.com (hereinafter "the DietniAI website" or "the DietAI chatbot or DietniAI website"), you agree to be bound by the following terms and conditions governing the use of the DietAI chatbot or the DietniAI website (hereinafter "Terms of Use").

If you do not agree to these Terms of Use, you should not use or access the DietniAI website or the chatbot.

Use of the DietAI Chatbot or the DietniAI Website

The purpose of the DietAI chatbot or the DietniAI website is to provide online diet and health services. The content of the DietAI chatbot or the DietniAI website is for general information purposes only and is for your personal and non-commercial use. You may only use the DietAI chatbot or the DietniAI website in accordance with these Terms of Use and may not use the DietAI chatbot or the DietniAI website to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of the Company, its affiliates, or others.

Disclaimer of Information Accuracy

The information provided by the DietAI system, which is based on artificial intelligence technology supplied by third parties such as OpenAI and/or Google Gemini, is intended for informational purposes only and does not constitute professional medical advice. The information may include technical inaccuracies or typographical errors. Any reliance on the information provided is at your own risk. Users should consult with a healthcare professional before making any significant changes to their diet or lifestyle. The Company does not guarantee the accuracy or completeness of the information provided.

Limitation of Professional Advice

The services of DietAI do not replace the advice of licensed dietitians or healthcare professionals. The recommendations provided are generated by artificial intelligence and should not be considered as professional dietary advice.

Eligibility for DietAI Services

The website and services are not intended for and should not be used by individuals under the age of 18. If you are under the age of 18, you are not permitted to access or use the website and/or services, and you must exit the website and cease using the website and/or services immediately. The Company requires all users of the website and/or services to adhere to these terms. Note that all individuals under the age of 18 are not permitted to access or use the website and/or services.

The product is intended for use by healthy individuals only, who wish to lose or gain up to 10% of their current body weight, who do not take medications regularly, who are not suffering from chronic diseases or any temporary illness at the time of using the product, and who are not pregnant or nursing.

Modifications to DietAI Service

The Company reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:

(i) Modify, suspend, or terminate the operation of, or access to, any portion, features, or functions of the DietAI service provided via WhatsApp, including, but not limited to, hours of availability, geographical availability, and applicable policies or terms;

(ii) Make changes to any fees or charges, if any, related to your use of the DietAI service;

(iii) Make changes to the equipment, hardware, or software required to use and access the DietAI service via WhatsApp;

(iv) Interrupt the DietAI service, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other modifications to ensure the optimal performance of our service and enhance your user experience.

This proactive approach enables us to continuously improve and adapt our service, ensuring it meets your evolving needs and remains compliant with the latest standards and regulations.

Updates and Discontinuance of DietAI via WhatsApp

You acknowledge and agree that the DietAI service, provided via WhatsApp, is under continual development and may include public patches and/or updates, which are generally available to all users, or private patches and/or updates which are available to a smaller number of users for testing and feedback before being made generally available.

You further acknowledge and agree that you may be required to accept public patches and updates to the DietAI service from time to time in order to continue to access the service and your related Account(s).

You acknowledge and agree that the Company may update, modify, patch, and/or discontinue any aspect of the service, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you and that the Terms apply to those updates and modifications. We do not have any obligation to provide updates or modifications or to continue to provide particular services.

You acknowledge that it may be necessary for you to update or upgrade third-party software, hardware, and devices from time to time in order to continue to access and use the DietAI service and your related Account(s).

The Company reserves the right to modify or increase the system specifications necessary to access and use the service at any time and without notice, and you are responsible for purchasing any necessary additional technology, systems, or services in order to continue to access and use the service and/or your related Account(s) in the event of any change in the system specifications.

The Company reserves the right, at any time and without notice or liability to you, to update, modify, and/or reset certain parameters of the service, any of which may impact the status, progress, or achievements of items or features under your control or associated with your Account(s).

Account Registration and Security

To access and utilize the specialized features of the DietAI service, designed to support your journey towards achieving muscle mass or weight loss goals, and provided conveniently via WhatsApp, you may need to register an account through our platform. This registration process requires you to provide us with certain personal information, such as your phone number, to create login credentials. Users must connect to WhatsApp by clicking on "Get Started" from the website or directly entering the DietAI WhatsApp and initiating the chatbot by sending the automatic message that appears when clicking on the link to connect to the company's WhatsApp (the link provided to the company by Facebook).

Protection of Privacy Information

Your express consent will enable the Company to communicate with you through WhatsApp for updates, support, and service enhancements directly on your mobile device. We commit to protecting your information in accordance with our Privacy Policy, ensuring that your personal and dietary data remain confidential and secure. However, the Company shall not be liable for any breach, theft, or unauthorized use of personal information, including direct or indirect damages resulting from such events.

Maintaining Confidentiality and Security

By establishing an account, you acknowledge the necessity of maintaining the accuracy and currency of your information to maximize the effectiveness of your personalized diet plan. Your responsibilities include safeguarding the confidentiality of your account login details and managing access to your devices to prevent unauthorized use. You agree to assume responsibility for all activities conducted under your account and to promptly notify our support team via WhatsApp regarding any unauthorized use or security breaches you may encounter. While the Company prioritizes the security of your data and the integrity of your personalized nutrition plan, we advise you to exercise caution by logging out after each session and not sharing your account details to protect against unauthorized access. It is important to note that despite our diligent security measures, no system is entirely invulnerable to breaches.

Use of DietAI

Using DietAI through WhatsApp not only offers the convenience of managing your diet plan on the go but also signifies your proactive step towards achieving your muscle mass and/or weight loss and/or healthy eating goals. You are supported by a service that deeply respects your privacy and prioritizes your nutritional needs while ensuring compliance with data privacy laws and obtaining your consent for communication solely through your provided phone number on the WhatsApp channel.

Not Medical Advice

All content available on the DietAI chatbot or the DietniAI website, including but not limited to body metrics, calorie counts, nutritional values, indicators such as daily calorie intake, daily protein intake, as well as personalized daily menus, dietary recommendations throughout the calorie counting process, DietAI Coach, DietAI Guard, are all powered by OpenAI and/or Google Gemini and all information presented is provided by artificial intelligence technologies. However, the DietAI chatbot or the DietniAI website and its content do not constitute and do not provide medical advice and are not a substitute for medical advice. Results, such as those based on calorie counts or projected weight loss, may vary. Always seek the advice of a licensed medical provider before undertaking any weight loss plan.

Because the information provided by the Company is based on artificial intelligence, it may be inaccurate. Therefore, you should consult with a licensed physician or certified clinical dietitian before using the information provided throughout the process and product use, including but not limited to: content provided that includes the calculation of body metrics BMI, BMR, and TDEE, calorie counts, nutritional values, indicators such as daily calorie intake, daily protein intake, as well as personalized daily menus, dietary recommendations throughout the calorie counting process, DietAI Coach, and DietAI Guard.

Reliance on any information provided by or found on the DietAI chatbot or the DietniAI website is purely at your own risk.

Non-Medical Device Declaration

DietniAI is an educational tool/service. It is not a medical device, it is not a substitute for a medical device or medical care, and it does not provide diagnosis, cure, mitigation, treatment, or prevention of any disease. Information provided on the DietniAI website and in DietniAI applications is for general use only and is not intended to provide personal medical advice or substitute for the advice of your physician.

The product is intended for use by healthy individuals only, who wish to lose or gain up to 10% of their current body weight, who do not take medications regularly, who are not suffering from chronic diseases or any temporary illness

at the time of use, and who are not pregnant or nursing women.

Intellectual Property Rights

As between you and the Company, all content on the DietAI chatbot or the DietniAI website, including its appearance and look and feel, is owned by the Company unless otherwise expressly indicated on the DietAI chatbot or the DietniAI website. You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on the DietAI chatbot or the DietniAI website and in Mobile Apps. Any Company trademarks, trade dress, service marks, or trade names that appear on the DietAI chatbot or the DietniAI website or are referenced on the DietAI chatbot or the DietniAI website are the property of the Company, and no license or other right to use such marks, names, or dress shall be deemed granted without the express written permission of the Company.

User Eligibility

Due to the nature of our service, we restrict access to the DietAI chatbot or the DietniAI website and Mobile Apps to those who may safely use it. The following users are prohibited, either completely or partially, from using the DietAI chatbot or the DietniAI website and Mobile Apps: Individuals with chronic illnesses and/or individuals who regularly take medications and/or regularly take vitamins and/or individuals who are pregnant or nursing and/or individuals with serious medical conditions, including but not limited to diabetes, high blood pressure, cancer, or heart disorders. You are not permitted to use the Company and/or DietAI services. Individuals who have or have had an eating disorder. If you currently have or have had anorexia nervosa, bulimia, or other related eating disorders, you are not permitted to use the DietniAI website and Mobile Apps. Children. We are committed to protecting the privacy of children and have no intention of collecting personal information from individuals under the age of 18. If you are under the age of 18, you are not permitted to use the DietniAI services.

Automatic Subscription Renewal

By subscribing to the Company, you agree that your subscription will automatically renew. The automatic renewal period will be the same as your initial subscription period unless otherwise specified at the time of subscription purchase. The renewal rate will not exceed the rate for the immediately prior subscription period. If you wish to cancel your subscription, write "Support" during the chat and select the "Cancel Subscription" button in the menu, then follow the instructions throughout the process. We do not prorate fees for canceled subscriptions. From time to time, we may offer a free trial subscription. If you register for a free trial subscription, we will begin to bill your account when the free trial period expires unless you cancel the subscription before that time.

Subscription Cancellation

Users of the DietAI chatbot or the DietniAI website and Mobile Apps may cancel their accounts at any time. There is no minimum commitment to open or maintain an account. If you wish to cancel your subscription, write "Support" during the chat and select the "Cancel Subscription" button in the menu, then follow the instructions throughout the process. The service of the DietAI chatbot or the DietniAI website is billed in advance and its fees are nonrefundable. There are no refunds or credits for partial months of service or for unused months of membership. To treat all users equally, no exceptions will be made.

Limitation of Liability

The content, services, and other materials provided through the DietAI WhatsApp service are offered "as is." To the fullest extent permitted by law, the Company, its affiliates, and their respective officers, directors, agents, subcontractors, suppliers, and representatives disclaim:

1. All warranties, express or implied, including but not limited to warranties of non-infringement, merchantability, fitness for a particular purpose, and any warranties that the service via WhatsApp will be uninterrupted or error-free, that defects will be corrected, or that the DietAI service via WhatsApp or the systems that make it available will be free of viruses or other harmful components.

2. Any liability for errors or omissions in the content provided through the service, and for any downtime experienced on the DietAI service via WhatsApp.

Usage by Residents of Various Regions

This DietniAI website has been published in Israel and is directed towards residents of Israel. The use of the DietAI chatbot, DietniAI website, and Mobile Apps is subject to all applicable federal, state, and local laws of Israel and the Terms of Use. If you access the DietAI chatbot or the DietniAI website from outside of Israel, you do so at your own risk and are responsible for complying with all applicable local laws. Users outside of Israel should not rely on the information provided on this website.

Limitation of Liability

The Company, along with its officers, directors, employees, and agents, shall not be liable for any damages arising from the use of the DietAI chatbot, DietniAI website, or Mobile Apps. The responsibility for any damages, losses, or expenses resulting from errors, inaccuracies, omissions, or misleading statements in the content, or from downloading any materials or content from these sites, rests solely with the user.

Users of the DietAI chatbot, DietniAI website, and Mobile Apps understand and agree that the use of these services is at their own risk. The Company shall not be liable for any damages, losses, or expenses incurred, whether direct, indirect, consequential, incidental, or punitive, arising from the use of or reliance on the DietAI chatbot, DietniAI website, Mobile Apps, or their content, even if the Company has been advised of the possibility of such damages.

Transactions with Third Parties

Any transactions, communications, or other dealings with third parties found on or through the DietAI chatbot, DietniAI website, or Mobile Apps are solely between the user and the third party. Third parties may include certified dietitians to whom users who are not permitted to use the chatbot service may be referred. The Company does not bear any responsibility or liability for any damages, losses, or expenses arising from transactions, communications, or dealings with such third parties.

Service Access Termination

You acknowledge that the Company may terminate your access to this DietniAI website or your membership to this DietniAI website at any time, for any reason, with or without cause.

Changes to the DietAI Chatbot or the DietniAI Website

The Company reserves the right to modify these Terms of Use and to change, suspend, or discontinue all or any portion of the DietAI chatbot or the DietniAI website and Mobile Apps or their content at any time, in its discretion, without notice.

Waiver of Rights and Remedies

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by the Company.

Applicable Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of laws, and the laws of the State of Israel, regardless of where the user is based. You agree to bring any claims arising under these Terms of Use exclusively in courts within the State of Israel.

Validity and Enforceability of Terms

If any part of these Terms of Use is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.

Questions, Comments, Complaints, or Service Issues

If you have any questions, comments, complaints, or service issues pertaining to this DietAI chatbot or the DietniAI website and Mobile Apps, please contact us at [email protected].

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