Last Updated: November 24, 2024
Welcome to Duvaye! These Terms of Service ("Terms") govern your access to and use of the Duvaye mobile application, website, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.
By creating an account, downloading, or using Duvaye, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Service.
You must be at least 13 years old to use Duvaye. If you are under 18, you must have permission from a parent or legal guardian. By using our Service, you represent and warrant that you meet these eligibility requirements.
To access certain features of Duvaye, you must create an account. You agree to:
We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Duvaye for personal, non-commercial purposes.
You agree not to:
Duvaye offers both free and paid subscription plans ("Pro"). The Pro subscription provides additional features including:
Pro subscriptions are billed on a recurring basis (monthly or annually) through the App Store or Google Play Store. Your subscription will automatically renew unless you cancel before the renewal date. Prices are subject to change with notice.
Refund policies are governed by the App Store or Google Play Store terms. Generally, refunds are not provided for partial subscription periods. Contact the respective app store for refund requests.
You may cancel your Pro subscription at any time through your app store account settings. Cancellation will take effect at the end of the current billing period.
All content, features, and functionality of Duvaye, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and AI models, are owned by Duvaye and protected by copyright, trademark, and other intellectual property laws.
You retain ownership of content you submit to Duvaye (photos, meal logs, chat messages). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for providing and improving our Service.
If you provide feedback, suggestions, or ideas about Duvaye, you grant us the right to use such feedback without compensation or attribution.
Duvaye uses artificial intelligence to recognize food, calculate nutrition, and provide health recommendations. While we strive for accuracy, AI-generated information may not always be 100% accurate. You should:
Duvaye is not a medical device and does not provide medical advice, diagnosis, or treatment. Our Service is for informational and educational purposes only. Always consult qualified healthcare professionals for medical concerns.
IMPORTANT: Duvaye is a nutrition tracking and wellness tool, not a substitute for professional medical advice. You acknowledge that:
Duvaye may integrate with third-party services (e.g., Apple Health, Google Fit). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services or content.
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUVAYE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability to you for any claims arising from your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.
You agree to indemnify, defend, and hold harmless Duvaye, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:
We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice. We are not liable for any modification, suspension, or discontinuation.
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms in the app and updating the "Last Updated" date. Your continued use after changes constitutes acceptance of the new Terms.
We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination:
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Duvaye is registered, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except where prohibited by law. You waive your right to participate in class action lawsuits.
Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Duvaye regarding the Service.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.
If you have questions about these Terms, please contact us:
BY USING DUVAYE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICE.
Thank you for choosing Duvaye as your health and nutrition companion. We're excited to be part of your wellness journey!