TumBite Use Agreement
Please read this agreement carefully. You must agree to it before you use TumBite. By tapping "I have read and agree," you enter into a binding agreement with the developer of TumBite ("we," "us," or "TumBite"). If you do not agree, do not use TumBite.
1. What TumBite is, and what it is not
TumBite is a personal food journal. It lets you photograph meals, keep notes about how you felt, and see which foods you logged appear together with the days you marked as good or rough. It also offers general reference information about common foods.
TumBite is not a medical device, a diagnostic tool, a nutrition service, or a source of medical, dietary, or nutritional advice. TumBite does not diagnose, treat, cure, prevent, or manage any disease or condition. Nothing in TumBite creates a doctor and patient, dietitian and client, or any other professional relationship. We are not licensed health professionals.
2. Permitted purpose
You may use TumBite solely for your own personal, non-commercial food journaling and for general informational reference about foods you choose to log or look up. You agree to use TumBite for no other purpose.
3. Prohibited uses
You agree that you will NOT use TumBite:
(a) to make any decision about your health, diet, medication, or medical care, or as a substitute for advice from a qualified health professional;
(b) to identify, verify, or rule out ingredients or allergens in any food. TumBite cannot see ingredients, cross contamination, preparation methods, or portion sizes. If you have a food allergy, intolerance, or any condition where eating the wrong thing could harm you, do not rely on TumBite in any way;
(c) in any emergency. If you believe you are having a medical emergency, stop using the app and contact emergency services;
(d) if you are under 18 years of age;
(e) if you are pregnant or breastfeeding, if you have or have had an eating disorder, or if you are following a diet prescribed or supervised by a health professional, unless that professional has told you that you may use a food journal;
(f) to diagnose yourself or anyone else, or to start, stop, or change any diet, elimination plan, supplement, or medication;
(g) for anyone other than yourself, including children, patients, or clients;
(h) in any way that breaks the law or these terms.
4. Scores, patterns, lookups, and the coach are general information
The meal score, the "patterns" view, the food lookup ratings, and the coach text are produced automatically by software, including artificial intelligence models that identify foods from photos and generate text. They are based on general, published reference information about food categories and on the entries you chose to log. They are not based on your medical history, lab results, or any examination of you.
You understand and agree that:
(a) the software can misidentify foods, miss ingredients, and be wrong;
(b) a "low," "medium," or "high" rating describes a general food category, not the specific item in front of you;
(c) a pattern means only that two things you logged appeared on the same days. It does not mean one caused the other;
(d) coach text is generated by an AI model and may contain errors. It is not advice from a person;
(e) you alone decide what to eat, and you take full responsibility for those decisions.
5. Assumption of risk
You voluntarily use TumBite with full knowledge of the limits described above. To the fullest extent permitted by law, you assume all risk arising from your use of TumBite, including any decision you make about food, diet, or health after seeing anything in the app.
6. No warranties
TumBite is provided "as is" and "as available," without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted or error-free operation. We do not warrant that any score, rating, pattern, or coach text is accurate, complete, or suitable for you.
7. Limitation of liability
To the fullest extent permitted by law:
(a) we will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any personal injury, illness, lost profits, or lost data, arising out of or related to TumBite or this agreement, under any legal theory, even if we were told such damages were possible;
(b) our total liability to you for all claims arising out of or related to TumBite or this agreement will not exceed the greater of the amount you paid us for TumBite in the twelve months before the claim or fifty US dollars (USD 50).
Some places do not allow some of these limits. In those places, our liability is limited to the smallest amount the law allows.
8. Release
To the fullest extent permitted by law, you release us, and our owners, officers, contractors, and suppliers, from all claims, demands, and damages of every kind, known or unknown, arising out of or related to your use of TumBite, including any decision about food, diet, or health you make after using it. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
9. Indemnity
You agree to defend, indemnify, and hold us harmless from any claim, loss, or expense, including reasonable legal fees, arising out of your use of TumBite in a way this agreement does not allow, your breach of this agreement, or your violation of any law or the rights of any person.
10. Beta program
TumBite is currently in a free private beta. The app may change, break, lose data, or end at any time without notice. Features you see today may not exist tomorrow. We may remove your access at any time for any reason.
11. Your data and health-related information
TumBite stores the meal photos, food entries, feelings, check-ins, and settings you choose to enter. Some of this is information about your body and how you feel, which the law in some places treats as sensitive health-related data. By agreeing, you give your explicit consent for us to collect, store, and process that information for the purpose of running TumBite for you, as described in our Privacy Policy. Photos and text you submit are sent to third-party AI providers to produce scores and coach text. You can export or delete all of your data at any time from Settings. You may withdraw consent by deleting your account.
12. Dispute resolution and binding arbitration
Please read this section carefully. It affects your rights.
(a) Informal resolution first. Before starting any formal proceeding, you agree to email us at legal@tumbite.app with a description of the dispute and to work with us in good faith for 30 days to resolve it.
(b) Binding arbitration. If we cannot resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or related to TumBite or this agreement will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. The Federal Arbitration Act governs this section. The arbitrator decides all issues, including whether a claim can be arbitrated. Arbitration will take place in the county where you live or by video, at your choice.
(c) Class action waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. If this waiver is found unenforceable for a particular claim, that claim must be brought in court and not in arbitration.
(d) Opt out. You may opt out of this arbitration section by emailing legal@tumbite.app with your account email and the words "arbitration opt out" within 30 days of first agreeing to this agreement. Opting out does not affect the rest of this agreement.
(e) Time limit. Any claim must be started within one year after it arises, or it is permanently barred, to the extent the law allows.
13. Governing law
This agreement is governed by the laws of the State of California, United States, without regard to its conflict of law rules, and by the Federal Arbitration Act. For any matter not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in California.
14. General
This agreement, together with our Terms of Service and Privacy Policy, is the entire agreement between you and us about TumBite. If any part of this agreement is found unenforceable, the rest remains in effect. Our failure to enforce any part is not a waiver. You may not transfer this agreement. We may update this agreement; if we do, you will be asked to agree again before continuing to use TumBite, and the version you agreed to is recorded with the date and time.
15. Contact
legal@tumbite.app
By tapping "I have read and agree," you confirm that you are at least 18 years old, that you have read and understood this entire agreement, including the limits on what TumBite is, the prohibited uses, the assumption of risk, the release, the limitation of liability, and the arbitration agreement and class action waiver, and that you agree to be bound by it.