Terms of Use for Fitalo – AI Photo Calorie Tracker

Effective Date: 12 July 2026
Last Updated: 12 July 2026

1. Introduction

These Terms of Use (“Terms”) govern your access to and use of Fitalo – AI Photo Calorie Tracker (“Fitalo”, the “App”, “Service”, “we”, “us”, or “our”).

Fitalo is operated by:

Piotr Wosinek
ul. Kasztanowa 5, 42-244 Latosówka
Poland

Email: info@dream-apps.pl

By downloading, accessing, creating an account, purchasing a subscription, or otherwise using Fitalo, you agree to these Terms.

If you do not agree to these Terms, do not use the App.

These Terms apply in addition to any applicable terms imposed by Apple, Google, your device provider, or another platform through which you downloaded or purchased access to Fitalo.

2. Description of the Service

Fitalo is a nutrition, fitness, and general wellness application that may provide features such as:

meal recognition from photographs;
calorie and nutrition estimation;
food entry using text or voice;
barcode scanning;
food, meal, and water tracking;
weight and body measurement tracking;
activity, workout, sleep, and fitness tracking;
synchronization with Apple HealthKit or Google Health Connect;
AI-generated nutrition and wellness insights;
recipes and meal suggestions;
reports, statistics, goals, reminders, and widgets;
Apple Watch features;
premium features available through a subscription.

Available features may depend on:

your device;
operating system;
country or region;
subscription plan;
permissions;
platform restrictions;
app version;
third-party services.

We may add, remove, modify, suspend, or discontinue features where reasonably necessary.

3. Eligibility

You must be at least 13 years old to use Fitalo.

If the law in your country requires a higher minimum age for independent consent to online services, you may use Fitalo only if you meet that minimum age or have permission from a parent or legal guardian.

If you are under 18, you should use Fitalo under the supervision of a parent, guardian, doctor, dietitian, or another appropriately qualified adult.

Fitalo should not be used by children to impose unsafe dietary restrictions or pursue inappropriate weight-loss goals.

By using the App, you confirm that you are legally capable of entering into these Terms.

4. Accounts

Some features may require a Fitalo account.

You agree to:

provide accurate and current account information;
keep your login credentials confidential;
protect access to your device and email account;
notify us if you suspect unauthorized account access;
accept responsibility for activity performed through your account, except where caused by our failure to protect the Service.

You may not:

create an account using another person’s identity without permission;
share an account in a manner that circumvents subscription restrictions;
sell, transfer, rent, or sublicense your account;
use automated methods to create accounts;
use Fitalo for unlawful or fraudulent purposes.

We may require account verification or additional security steps.

5. Health and Medical Disclaimer

Fitalo is intended solely for general informational, nutrition-tracking, fitness, and wellness purposes.

Fitalo:

is not a regulated medical device;
does not provide medical advice;
does not diagnose medical conditions;
does not provide medical treatment;
is not intended to prevent, cure, or treat any disease;
does not replace a doctor, dietitian, nutritionist, physiotherapist, or other qualified healthcare professional;
is not intended for medical emergencies.

Information displayed by Fitalo, including calorie estimates, nutrient values, goals, activity results, reports, and AI-generated recommendations, may be incomplete, inaccurate, or unsuitable for your individual circumstances.

You should consult a qualified healthcare professional before making significant changes to your diet, activity, weight-management plan, medication, or lifestyle, particularly if you:

have a medical condition;
take medication;
are pregnant or breastfeeding;
are under 18;
have a history of an eating disorder;
have allergies or food intolerances;
follow a medically prescribed diet;
experience symptoms requiring medical attention.

Never disregard professional medical advice because of information provided by Fitalo.

In a medical emergency, contact your local emergency services immediately.

6. AI-Generated Content and Estimates

Fitalo may use artificial intelligence to analyze photographs, descriptions, voice input, ingredients, products, portions, and other information.

AI-generated results may include:

identified foods;
estimated portion sizes;
estimated calories;
estimated macronutrients and micronutrients;
meal descriptions;
recipe suggestions;
nutrition or wellness insights.

These results are estimates and may be incorrect.

Factors such as image quality, hidden ingredients, preparation methods, serving size, brand, recipe variations, cooking oils, sauces, and incomplete product data may affect accuracy.

You are responsible for reviewing and, where appropriate, correcting AI-generated information before saving or relying on it.

AI-generated content must not be treated as:

medical advice;
a diagnosis;
professional dietary treatment;
a guarantee of weight loss or health improvement;
a substitute for product labels;
a reliable method of identifying allergens;
a substitute for advice from a qualified professional.

Do not rely solely on Fitalo to determine whether food is safe for you to consume.

7. Apple HealthKit and Google Health Connect

Fitalo may integrate with Apple HealthKit and Google Health Connect.

Access to health or fitness information requires your permission. You can choose which categories of information Fitalo may read or write and may withdraw access through your device settings.

Data available through HealthKit or Health Connect may be incomplete, delayed, duplicated, inaccurate, or affected by other devices and applications.

You remain responsible for reviewing health and fitness records before relying on them.

Fitalo must not be used as the only method of recording information required for diagnosis, medical treatment, emergency care, or another professional medical purpose.

8. Free and Premium Features

Fitalo may offer both free and paid features.

Certain features may require:

an active subscription;
a free trial;
a promotional offer;
a one-time purchase;
a specific device or platform;
an internet connection;
permission to access selected device features.

We may change which features are available in free or premium plans. Any change will not remove access already purchased for a current paid subscription period where prohibited by applicable law.

9. Auto-Renewable Subscriptions

Fitalo may offer monthly, annual, weekly, or other subscription plans displayed in the App.

The following conditions apply:

The price, billing period, available features, and any introductory offer will be displayed before you confirm a purchase.
Payment will be charged through your Apple App Store or Google Play account.
Subscriptions may renew automatically at the end of each billing period unless cancelled before the next renewal in accordance with the rules of the applicable store.
Your store account may be charged for the next subscription period according to Apple’s or Google’s billing schedule.
You can manage or cancel your subscription through your Apple App Store or Google Play subscription settings.
Uninstalling Fitalo does not cancel a subscription.
Deleting your Fitalo account does not automatically cancel a subscription.
Cancelling a subscription normally prevents future renewals. You may retain access until the end of the period for which payment has already been made.
Prices may vary by country, currency, tax rules, subscription plan, and platform.
Apple or Google may notify you of applicable price changes and may require consent where required by their policies or applicable law.
Subscription availability and billing are also subject to the terms of the store through which the subscription was purchased.

You are responsible for managing your subscription before deleting your account or discontinuing use of Fitalo.

10. Free Trials and Promotional Offers

We may offer free trials, introductory prices, discounts, or promotional access.

Eligibility may be determined by Apple, Google, RevenueCat, or Fitalo and may depend on:

previous subscriptions;
previous trials;
account status;
device or store account;
country or region;
promotion conditions.

Unless cancelled before the trial or promotional period ends, a subscription may automatically convert into a paid subscription at the price displayed when the offer was accepted.

The availability, duration, and conditions of an offer will be shown before purchase.

Unless required by law, users who have previously used a free trial or introductory offer may not be eligible to receive it again.

11. Billing, Refunds, and Payment Problems

Payments made through the Apple App Store are processed by Apple. Payments made through Google Play are processed by Google.

We do not directly receive or store your full payment card or bank account information.

Refunds, billing disputes, payment authorization, failed payments, and store account issues are handled according to the policies of Apple or Google.

We cannot directly issue a store refund unless the platform provides a specific mechanism allowing us to do so.

A failed payment, expired payment method, chargeback, refund, account hold, or cancellation may result in the suspension or removal of premium access.

If your subscription remains active but premium access is not recognized, you may use the Restore Purchases function or contact us at info@dream-apps.pl.

12. RevenueCat

We may use RevenueCat to:

validate purchases;
manage subscription entitlements;
synchronize subscription status;
restore purchases;
determine access to premium features.

RevenueCat does not replace Apple or Google as the payment processor. Store purchases remain subject to the applicable platform’s billing and refund rules.

13. User Content

Fitalo may allow you to upload, enter, record, or store content such as:

meal photographs;
food descriptions;
voice input;
recipes;
notes;
body measurements;
nutrition information;
goals and preferences;
support messages.

You retain ownership of content you lawfully submit.

You grant us a limited, non-exclusive, worldwide, royalty-free license to process, store, reproduce, transmit, and display that content only as reasonably necessary to:

provide requested Fitalo features;
synchronize your account;
perform AI analysis;
generate reports and recommendations;
maintain backups;
provide technical support;
secure and operate the Service;
comply with legal obligations.

This license ends when the content is deleted, except where limited retention is required for backups, security, legal compliance, or dispute resolution.

You confirm that:

you have the right to submit the content;
the content does not violate another person’s rights;
the content is not unlawful;
the content does not contain malicious software;
you will not submit unnecessary sensitive information.

Do not upload photographs or content containing identification documents, payment card information, confidential correspondence, or information unrelated to Fitalo’s intended functions.

14. Recipes, Food Data, and Third-Party Content

Fitalo may display information supplied by third-party providers, including:

recipes;
food photographs;
product information;
barcode results;
ingredients;
calorie values;
nutrient values;
dietary classifications.

Third-party data may be incomplete, outdated, unavailable, or inaccurate.

Product composition and nutritional values may change. Always check the manufacturer’s current packaging and ingredient list, especially where allergies, intolerances, religious restrictions, or medical dietary requirements are involved.

Third-party content remains the property of its respective owner and may be subject to additional terms.

15. Acceptable Use

You agree not to:

use Fitalo for an unlawful purpose;
attempt to gain unauthorized access to accounts, servers, or data;
interfere with the operation or security of the Service;
reverse engineer, decompile, or disassemble the App except where expressly permitted by law;
scrape, copy, harvest, or systematically extract Fitalo data;
bypass subscription or payment controls;
exploit bugs or technical vulnerabilities;
transmit malicious code;
impersonate another person;
upload content that infringes copyright, privacy, or other rights;
use automated systems to overload or abuse the Service;
use Fitalo to develop or train a competing product without our written permission;
resell or commercially redistribute the Service;
use AI features to submit unlawful, harmful, or abusive content.

We may restrict or suspend access where we reasonably believe these Terms have been violated.

16. Intellectual Property

Fitalo and its original content, software, design, branding, interface, databases, graphics, logos, and features are owned by us or licensed to us.

These Terms do not transfer ownership of Fitalo or its intellectual property to you.

Subject to compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use Fitalo for your private, non-commercial use.

You may not copy, modify, distribute, sell, sublicense, or create derivative works from Fitalo except where expressly permitted by law or by us in writing.

17. Third-Party Services

Fitalo may depend on third-party services such as:

Apple;
Google;
OpenAI;
RevenueCat;
Firebase;
Supabase;
OneSignal;
cloud hosting providers;
nutrition, barcode, and recipe providers.

We do not control all aspects of these services.

Their availability, performance, and processing may be governed by separate terms and privacy policies.

We are not responsible for third-party services where the relevant issue is outside our reasonable control, subject to mandatory consumer law.

18. Availability and Internet Access

Some features require an active internet connection.

You are responsible for:

internet access;
device compatibility;
mobile data charges;
operating system updates;
maintaining sufficient device storage;
protecting access to your device.

We do not guarantee that Fitalo will always be uninterrupted, error-free, or available in every country or on every device.

The Service may be temporarily unavailable because of:

maintenance;
security updates;
server failures;
platform changes;
third-party service interruptions;
network problems;
events beyond our reasonable control.

19. Changes to the Service

We may update Fitalo to:

improve features;
correct errors;
maintain compatibility;
improve security;
comply with laws or platform requirements;
replace discontinued third-party services;
introduce new features.

Some updates may be required to continue using the Service.

We may discontinue a feature or the Service where reasonably necessary. Where required by applicable law, we will provide appropriate notice.

20. Suspension and Termination

You may stop using Fitalo at any time.

You may delete your account through the available account settings or submit a request using the method described in our Privacy Policy.

We may suspend or terminate access if:

you materially violate these Terms;
you use the Service unlawfully;
your activity creates a security risk;
you attempt to avoid payment;
continued access could harm users, us, or third parties;
suspension is required by law or a platform provider.

Where reasonably possible and legally required, we will provide notice and an opportunity to remedy the issue.

Termination of a Fitalo account does not automatically cancel an Apple App Store or Google Play subscription.

21. Disclaimer of Warranties

To the maximum extent permitted by law, Fitalo is provided on an “as is” and “as available” basis.

We do not guarantee that:

AI analysis will correctly identify a meal;
calorie or nutrient estimates will be accurate;
recipes will meet your dietary or medical requirements;
weight or activity goals will produce a particular result;
the Service will operate without interruption;
all errors will be corrected;
third-party data will always be current;
Fitalo will be compatible with every device or service.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded under applicable consumer law.

22. Limitation of Liability

To the maximum extent permitted by applicable law, we will not be liable for indirect, incidental, special, consequential, or punitive losses arising from use of Fitalo, including:

reliance on inaccurate AI results;
incorrect calorie or nutrition estimates;
missed health or fitness data;
loss of data;
loss of anticipated weight or fitness progress;
interruption of third-party services;
unauthorized account access not caused by our failure;
failure to cancel a subscription through the applicable store.

You are responsible for independently reviewing information before making decisions that may affect your health or safety.

Nothing in these Terms limits liability where such limitation is prohibited by law, including liability for intentional misconduct, gross negligence, personal injury caused by legally attributable negligence, or mandatory consumer rights.

23. Privacy

Our collection and processing of personal information are described in the Fitalo Privacy Policy:

Privacy Policy Fitalo

By using Fitalo, you acknowledge that you have had an opportunity to review the Privacy Policy.

24. Apple-Specific Terms

If you downloaded Fitalo through the Apple App Store:

these Terms are between you and us, not Apple;
Apple is not responsible for providing the Service;
purchases and subscriptions are also governed by applicable App Store terms;
Apple is responsible for processing App Store payments and store-related refund requests;
Apple’s Standard End User License Agreement may apply to the license granted for the App;
your use of Fitalo must comply with applicable Apple Media Services Terms and App Store rules.

Nothing in these Terms is intended to reduce rights granted to you under applicable Apple terms or mandatory law.

25. Google Play-Specific Terms

If you downloaded Fitalo through Google Play:

these Terms are between you and us, not Google;
purchases and subscriptions are also governed by applicable Google Play terms;
Google processes Google Play payments and store-related refund requests;
subscription cancellation and management are available through your Google Play account;
your use of Fitalo must comply with applicable Google Play terms and policies.

Nothing in these Terms is intended to reduce rights granted to you under applicable Google terms or mandatory law.

26. Governing Law and Consumer Rights

These Terms are governed by the laws of Poland, without prejudice to mandatory consumer protection rights available under the laws of your country of residence.

If you are a consumer living in the European Union, European Economic Area, United Kingdom, or another jurisdiction with mandatory consumer protections, you retain all rights that cannot legally be excluded by these Terms.

Before starting formal proceedings, you are encouraged to contact us at info@dream-apps.pl so that we can attempt to resolve the matter.

You may also have the right to bring a claim before a competent court in your place of residence where mandatory law provides that right.

27. Changes to These Terms

We may update these Terms when:

Fitalo features change;
subscription options change;
legal requirements change;
platform policies change;
third-party services change;
security or operational requirements change.

We will update the “Last Updated” date when changes are made.

Where a change materially affects your rights, we will provide notice where required by applicable law.

Changes will not retroactively reduce rights relating to a subscription period already purchased where prohibited by law.

28. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

The invalid provision will be interpreted or replaced to reflect its original purpose as closely as legally possible.

29. No Waiver

Our failure to enforce a provision of these Terms does not waive our right to enforce it later.

30. Entire Agreement

These Terms, together with the Privacy Policy and applicable store terms, constitute the agreement governing your use of Fitalo.

Where Apple’s or Google’s mandatory terms conflict with these Terms, the applicable mandatory platform terms will prevail to the extent of that conflict.

31. Contact Us

For questions about these Terms, subscriptions, accounts, or the Service, contact: