Supplemental Terms — Food Moments
Your license to use the Food Moments app is Apple's standard Licensed Application End User License Agreement (apple.com/legal/internet-services/itunes/dev/stdeula). These Supplemental Terms add what is specific to Food Moments: what the estimates and the daily targets are — and are not —, what it costs, and fair use of the analysis service. Where these terms conflict with mandatory consumer law of your country of residence, that law prevails.
1. Who we are
Food Moments is provided by Smart Backoffice Solutions B.V., Saal van Zwanenbergweg 11, 5026 RM Tilburg, Netherlands, KvK 90141482, contact info@smart-backoffice.nl ("we"). By using the app you agree to these Supplemental Terms.
2. Estimates and targets, not medical advice
Food Moments estimates the nutritional value of meals from photos and your descriptions using AI models. All values are estimates. Photo-based nutrition estimation has known error margins; published research puts typical energy estimates around a third off, and the app therefore shows a confidence level and makes corrections easy. Do not rely on the numbers where accuracy matters — verify important information yourself.
The daily targets are general reference values, not advice to you. The app compares your day with targets for energy and nutrients. They are computed by fixed rules from what you enter (and, if you switch it on, from Apple Health), starting from reference values that public bodies publish for healthy adults, and adjusted by the choices you make in Settings. A level you choose is your own decision and your own responsibility; the names on the wheels say where a number comes from and are not a recommendation. The values are not meant, as they stand, for pregnancy or breastfeeding, for anyone under 18, or for anyone with a medical condition or on a medical diet. Where each value comes from is explained at smart-backoffice.nl/foodmoments/targets; that page is information, not part of these terms.
Food Moments provides general nutritional information for general wellness only. It is not a medical device, it is not intended to diagnose, treat, monitor or prevent any disease, and it does not provide medical, dietary or diagnostic advice. Consult a qualified professional before making significant dietary changes, and always where health conditions (diabetes, allergies, kidney disease, high blood pressure, eating disorders, pregnancy) are involved. How you eat remains your own decision and responsibility.
3. Price and subscription
Food Moments is currently free to use. If we introduce a paid subscription, it will be sold through Apple: prices are shown in the App Store before purchase, and payment, renewal, cancellation and refunds are handled by Apple under Apple's terms — cancel any time in your Apple account settings, at least 24 hours before renewal. Before a subscription is required for analysis, these terms will be updated and the change announced in the app (§7), and nothing you have recorded until then will be locked away: your meals stay viewable and downloadable. Statutory consumer rights, including any right of withdrawal under EU law, are unaffected and exercised through Apple.
4. Fair use of the analysis service
The app is for your personal, non-commercial use. Every analysis runs on paid AI computing, so a fair-use policy keeps the service sustainable. Ordinary personal use — several meals a day, with corrections — is well within its limits. The limits count both the number of analyses and the computing they use, per calendar week and month. If usage goes far beyond what personal use plausibly needs, or appears automated or scripted, analyses first continue on a simpler model and, in extreme cases, pause until the next week or month begins; the app tells you when this happens and why, the rest of the app keeps working and your data is untouched. You agree not to use the app for anything unlawful, not to attempt to extract, disrupt or overload the underlying AI services, and not to resell access. We may suspend the analysis service in cases of abuse of this section. You are responsible for the content of your notes and corrections; they are processed as described in the Privacy Policy.
5. Your data
Your meals, photos and estimates are stored in your account, on our servers in the European Union; your iPhone keeps the recent days at hand and fetches older ones when you scroll back to them. Signing in on a new iPhone brings everything back, and deleting the app no longer loses anything. The data stays yours in the practical sense too: Settings → Account can hand you everything as one download, and Delete account erases everything we hold — irreversibly, so take the download first if you want to keep it. The download is a plain zip — your photos, your meals as pages and as a table, and one data file with everything your account holds — and a file in your own hands depends on nobody, us included. How the account and its data are processed is described in the Privacy Policy.
Helping us improve the app is your choice, and only yours. Under Settings → Help improve Food Moments you can allow us to look at your meals and re-run their analysis to make the estimates better. It is off unless you switch it on: switching it on is how you agree, and switching it off — at any time, in the same place — is how you stop; we then stop too. Nothing about the app, the subscription or your data depends on it either way. What exactly it allows, and what it never allows (no training of AI models, no sharing, nothing published), is set out in §11 of the Privacy Policy.
6. Availability, changes — and what happens if we stop
Analysis depends on third-party AI services and an internet connection; we do not guarantee uninterrupted availability. We may change, add or retire features, and may switch the underlying AI models, maintaining comparable quality.
Food Moments is made by a small company, and we would rather say this plainly than leave it unsaid: it is possible that one day we stop developing Food Moments. If that happens, this is what you can count on.
- A subscription you paid for runs to its end (if subscriptions exist by then). We stop selling new subscriptions and turn off automatic renewal, so nobody pays for a period we do not intend to serve. A subscription already paid for keeps working — analysis included — until the period you paid for is over. Renewals, cancellations and refunds continue to be handled by Apple under Apple's terms.
- Notice first. We announce the decision in the app and on the support page as early as we reasonably can, and in any case before the analysis service is switched off.
- Your data reaches your hands before anything is switched off. Your meal moments live in your account (§5), so before that storage is switched off we say so — and until then Download all my data keeps working: every photo, your meals, estimates and corrections, packed into a single download. A file you have saved needs neither us nor an internet connection afterwards.
- An export you can actually open. This stood here as an intent; it is now built in: Settings → Account → Download all my data delivers every photo, a set of pages you can keep and browse on your own computer, and a table a spreadsheet can read — so your past meal moments stay viewable long after the app has stopped.
- The app keeps working for a while. With the analysis service switched off, the app on your iPhone still shows your timeline and everything you have recorded; it simply stops producing new estimates. Once the storage behind your account follows — announced first, like everything else — the app shows what is on your iPhone. An app that is no longer maintained will eventually stop working on newer versions of iOS and will be removed from the App Store — which is why we would ask you to take your download while everything still runs.
7. Changes to these terms
We may update these Supplemental Terms — because the law or Apple's rules change, because the app or the services behind it change, or simply to correct an error or say something more clearly. The effective date at the top of this page always shows the current version.
Every change is published on the support page. Small ones — wording, grammar, a typo, a clarification that leaves what each of us owes unchanged — are announced there and nowhere else, and apply as soon as they are published.
A change with substantial implications for you is announced in the app as well, before it takes effect. If it does not suit you, you can stop using the app, delete your account in it, and cancel any subscription through your Apple account; a period you have already paid for runs to its end on the terms you bought it under.
8. Liability
Nothing in these terms excludes liability that cannot be excluded by law, including liability for intent or gross negligence. Otherwise, we are not liable for damages arising from reliance on nutritional estimates or daily targets (§2), from unavailability of the analysis service, or from loss of data you did not download (§5); our total liability is limited to the amount you paid for the app in the twelve months before the event, or 100 euros if that is more. For consumers, mandatory consumer protection law of your country of residence prevails over anything here.
9. Law and disputes
Dutch law applies. If you are a consumer, this choice does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may sue or be sued in your local courts where EU law so provides. If you have a complaint, write to us first at the address in §1 — we would rather solve it together. We do not take part in dispute resolution before a consumer arbitration board.