(This comprehensive document expands upon the master legal text to include detailed compliance with GDPR, CCPA, LGPD, PIPEDA, APPI, accessibility, data retention, cookies, security, and subscription clauses. It is designed to satisfy international data protection, advertising, and consumer protection laws.)

1. Introduction and Acceptance of Terms

By accessing or using Can I Eat That? (the “App,” “Service,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service, the Health & Safety Disclaimer, the Privacy & Cookie Policy, and all supplemental policies referenced herein (collectively, this “Agreement”). If you do not agree, do not use the App. This Agreement applies globally to all users regardless of jurisdiction.

2. Purpose of the App

Can I Eat That? provides educational tools for nutrition, calorie tracking, and weight-cut planning. The Service generates informational estimates, including caloric deficits, energy expenditure, and body metrics. All information is general guidance only and not medical advice.

3. Health & Safety Disclaimer

• This App does not provide medical advice, diagnosis, or treatment.
• Always consult a licensed physician before beginning or modifying any diet, weight-cut plan, or exercise regimen.
• Rapid weight loss, dehydration, and caloric restriction carry significant health risks, including injury or death.
• You assume full responsibility for your decisions and health outcomes.

Emergency Use. Do not use the App for emergencies. Contact emergency services immediately if you experience any medical symptoms.
Regulatory Disclaimer. The App is not a medical device and has not been evaluated by the FDA, EMA, or other regulators.

4. Eligibility and Accounts

• You must be 18 years or older, or have parental consent.
• Account creation uses Auth.js with Google authentication.
• You are responsible for maintaining secure access to your account.
• We may suspend or terminate accounts for misuse, violation of this Agreement, or fraudulent activity.

5. Acceptable Use and Prohibited Conduct

• Copy, decompile, or reverse-engineer the App;
• Access data without authorization;
• Upload viruses, scripts, or malicious code;
• Interfere with network security or server integrity;
• Use bots or automated tools for scraping;
• Misrepresent data or identity;
• Harass, exploit, or harm others.

6. Intellectual Property and License

All code, design, and content within Can I Eat That? are protected intellectual property owned by Jacobo Kunga Apito. Users receive a limited, revocable, non-exclusive license for personal use. Unauthorized reproduction, resale, or redistribution of the Service or its materials is strictly prohibited.

7. User-Generated Data

Users may input meals, calories, weights, or exercise logs (“User Content”). You retain ownership but grant us a license to store and process such data solely to deliver the Service. We may anonymize and aggregate data for analytics or research. We reserve the right to delete harmful, illegal, or inappropriate content.

8. Advertising, Cookies & Analytics

We display ads through Google AdSense. Ads may be contextual or interest-based but are never targeted using personal health data.

Third-Party Links & No Endorsement. The Service may link to third-party websites, apps, products, or services. We do not control, endorse, or assume responsibility for third-party content, policies, or practices. Your use of third-party resources is at your own risk and subject to their terms and privacy policies.

Ad & Cookie Disclosure.

• We use cookies and similar technologies to serve ads and measure performance.
• You can manage consent via our cookie banner before ads load.
• We comply with the EU ePrivacy Directive and Google’s CMP for personalized/non-personalized ads.

Opt-Out and Consent. You can opt out of personalized ads via the consent banner or by visiting YourAdChoices or Google Ad Settings.

9. Privacy Policy — Global Compliance

We comply with global privacy frameworks including GDPR (EU/UK), CCPA (California), LGPD (Brazil), PIPEDA (Canada), and APPI (Japan).

Data We Collect

• Account Data: name, email (via Google login)
• Health Data: weight, height, calories, exercise details
• Device Data: IP address, browser type, OS
• Cookies & Analytics: usage stats, ad interactions
• Communications: support inquiries, feedback

Legal Bases (GDPR Article 6)

Data Retention Schedule

Data Rights (GDPR, CCPA, LGPD). Users have rights to: Access and export data; Rectify inaccurate information; Request deletion; Withdraw consent; Opt out of sale or sharing (we do not sell data); Lodge a complaint with their data protection authority.

Children’s Privacy. We do not knowingly collect data from children under 13 (US) or 16 (EU/UK). Parents can contact [email protected] for deletion.

International Transfers. Data may be transferred to the United States and other jurisdictions. We apply Standard Contractual Clauses (SCCs) and equivalent safeguards.

10. Data Security Policy

• HTTPS/TLS encryption in transit;
• AES-256 encryption at rest (via Digital Ocean);
• Access control and audit logging;
• Regular vulnerability scans;
• Incident response protocol: notify affected users within 72 hours of confirmed breach (GDPR Art. 33 compliance).

Users are responsible for securing their own devices and credentials.

11. Accessibility Statement

• Keyboard navigation;
• Sufficient color contrast;
• Alt text for images;
• Screen-reader labels;
• Testing for visual and cognitive accessibility.

Accessibility issues can be reported to [email protected].

12. Subscription Terms (Future Activation)

• All fees will be clearly displayed before purchase.
• Auto-Renewal: Subscriptions will auto-renew at the then-current price unless canceled before the renewal date (unless otherwise stated at purchase).
• Cancellation: You may cancel at any time from your account settings; access continues through the paid period.
• Refunds: Unless required by law, fees are non-refundable once a billing period starts; any special refund terms will be shown at purchase.
• Ad-Free: Paid users may receive an ad-free experience and additional features.
• Changes: We will notify you in advance of material pricing or feature changes.

13. Research, References & Inspiration

Parts of this App reference publicly available research studies, academic papers, and educational materials. All such materials remain the intellectual property of their respective authors and publishers. We cite or summarize information in accordance with fair use principles and academic citation standards.

The App’s interpretations, commentary, and presentation are original to Can I Eat That? and provided for educational purposes only. No ownership or endorsement is implied by or claimed from any referenced author, study, or organization. Users are encouraged to review original works and consult professionals before applying any referenced concepts.

14. Security Disclosures and Contact

If you discover a vulnerability or breach, email [email protected] with details. We will acknowledge receipt within 72 hours and coordinate a fix.

15. Dispute Resolution, Governing Law & Arbitration

This Agreement is governed by the laws of Massachusetts, USA (excluding its conflict-of-laws rules).

Mandatory Binding Arbitration (U.S. users). Except for claims that qualify for small-claims court and claims for injunctive relief, any dispute, claim, or controversy arising out of or relating to the Service or this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The seat of arbitration shall be Boston, Massachusetts. The arbitrator shall have exclusive authority to resolve disputes regarding arbitrability and the scope of this provision.

Class-Action and Jury Waiver. You and we waive any right to a jury trial and agree that disputes will be resolved only on an individual basis; class, consolidated, or representative actions are not permitted.

Venue for Non-Arbitrable Claims. For claims that are not subject to arbitration, the exclusive venue shall be the state or federal courts in Boston, Massachusetts.

16. Limitation of Liability

• We are not liable for indirect or consequential damages.
• Total liability shall not exceed $100 USD.
• You assume all risks related to diet, exercise, and health actions influenced by the App.

17. Warranties Disclaimer

The App is provided “as is” and “as available.” We make no guarantees of accuracy, availability, or reliability.

18. Indemnification

You agree to indemnify and hold harmless Jacobo Kunga Apito and affiliates from claims or damages arising from: Your use of the App; Violation of this Agreement; Inaccurate or harmful data you submit.

19. Modifications

We may modify these terms as required by law or service updates. Users will be notified of material changes by email or in-app notice. For materially adverse changes, we will provide at least 30 days’ notice where practicable; continued use after the effective date constitutes acceptance.

20. Local Law Acknowledgments

EU/EEA/UK — Compliant with GDPR and UK GDPR. Contact: [email protected].
Canada — Compliant with PIPEDA. Requests handled within 30 days.
Brazil — Compliant with LGPD. Legal basis: consent and contract.
Japan — Compliant with APPI. Consent required for overseas data sharing.
Australia — Compliant with Privacy Act 1988 and Australian Consumer Law.

21. Linking & Framing Restrictions

You may link to public pages of the Service in a manner that does not misrepresent sponsorship or endorsement. Framing, inline linking, or embedding of our pages or content is prohibited without our prior written permission.

22. Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement at any time, including in connection with a merger, acquisition, or sale of assets.

23. Definitions

“Personal Data” means information identifying a person. “Processing” means any operation on personal data. “User” means an individual using the Service. “Agreement” refers to these combined Terms, Privacy Policy, and associated documents.

24. Contact and Notices

Email: [email protected]
Mailing Address: 28 Regent St. Cambridge, MA 02140

25. Acknowledgment and Acceptance

By continuing to use Can I Eat That?, you: Confirm you have read, understood, and agreed to this Agreement; Acknowledge that the App is not a substitute for professional medical advice; Accept all liability for your personal health decisions.

© 2025 Jacobo Kunga Apito. All rights reserved.

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