Last Updated: Feb 28, 2025
These Terms of Service (hereinafter referred to as “Terms”) set forth the conditions for using the mobile application(s) and website(s) (collectively, the “Service”) provided by FoodEye LLC (hereinafter referred to as the “Company,” “we,” “us,” or “our”). The Company is located in Japan and operates the Service from Japan. Please read these Terms carefully before accessing or using our Service. If you do not agree to these Terms, you may not use the Service.
1. Definitions
- Company (We/Us/Our): Refers to FoodEye LLC.
- Service: Refers to the mobile application(s) and website(s) provided by the Company.
- Website: The website at https://foodeye.app.
- User (You): Any individual or entity accessing or using the Service.
- Device: Any device capable of accessing the Service, such as a computer, smartphone, or tablet.
- Terms: These Terms of Service and all applicable provisions governing the relationship between the Company and the User.
2. Acceptance of These Terms
1. You must agree to these Terms before using the Service.
2. These Terms constitute a legally binding agreement between the Company and you.
3. By accessing or using the Service, you are deemed to have agreed to these Terms.
4. You represent and warrant that you are at least 18 years of age. The Company does not permit individuals under 18 to use the Service.
3. Relationship to Our Privacy Policy
Your use of the Service is also subject to our Privacy Policy. Please review our Privacy Policy, which describes how we collect, use, and disclose personal information about our Users. You must agree to the Privacy Policy before using the Service.
4. Description of the Service
1. The Service provides information primarily related to food and dining through mobile applications and a website operated by the Company.
2. The content of the Service is subject to change at any time. In the event of significant changes, the Company will provide reasonable prior notice to Users.
3. The Company does not provide medical advice or medical services. Any information provided is for general informational purposes only, and you are responsible for how you use it.
5. Prohibited Conduct
When using the Service, you agree not to engage in any of the following actions:
- Infringing on the rights of the Company or any third party
- Violating any laws or public order and morals
- Imposing an unreasonable or disproportionately large load on the Service’s servers or networks, or jeopardizing the Service’s security
- Using or accessing the Service in a manner outside the scope of its intended use
- Any other acts deemed inappropriate by the Company
6. Paid Services and Subscriptions
1. Free Trial Period
The Company may offer a three-day free trial for its paid plan. After the trial period ends, if you do not cancel, you will automatically be charged the subscription fee starting the following day.
2. Billing Cycle
Monthly plans are billed on the same date each month, and annual plans are billed on the same date each year. If a specific date does not exist in a given month, billing may occur on the last day of that month or the closest available date.
3. Cancellation
To cancel your subscription, you must complete the cancellation process via the App Store or Google Play Store subscription management screen at least 24 hours before the scheduled renewal date. Otherwise, you may be charged for the next billing cycle according to each store’s policy.
4. Refund Policy
In principle, any fees already paid are non-refundable. If you fail to cancel during the free trial, billing will commence immediately upon the trial’s end. Refunds for erroneous charges, if any, are subject to each store’s refund policy.
7. Termination and Suspension
1. If you breach these Terms, the Company may suspend or delete your account without prior notice.
2. In cases of minor breaches, the Company may, at its discretion, give you an opportunity to correct the issue. However, for serious violations, the Company may take immediate suspension or other actions.
3. After an account is suspended, the Company will retain any related user data for 30 days. Unless otherwise required by law, the Company will delete all such data after that period.
8. Links to Third-Party Websites
The Service may contain links to third-party websites or services. The Company assumes no responsibility for the content, privacy policies, or terms of any third-party sites. You are advised to review the terms and conditions and privacy policies of these sites before using them.
9. Disclaimer and Limitation of Liability
1. “AS IS” and “AS AVAILABLE” Basis
To the maximum extent permitted by applicable law, the Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Company makes no warranty of any kind, expressed or implied, regarding the Service’s fitness for a particular purpose, accuracy, completeness, or freedom from viruses or other harmful components.
2. Scope of Disclaimer
The Company and its affiliates or service providers shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to your use of or inability to use the Service, unless such damages result from the Company’s willful misconduct or gross negligence.
3. Maximum Liability
Even if the Company is found legally responsible in connection with a paid service, the Company’s liability shall be limited to the total amount you actually paid for the Service.
10. Governing Law and Jurisdiction
1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. In the event of a dispute arising out of or relating to the Service, the Tokyo District Court shall have exclusive jurisdiction in the first instance. However, if you are entitled to consumer protection under the laws of the European Union (EU) or other regions, those mandatory consumer protection laws may take precedence.
11. Dispute Resolution
If you have any inquiries or complaints about the Service, please contact the Company first. Both parties shall endeavor to resolve any disputes in good faith through discussion.
12. U.S. Legal Compliance
You represent and warrant that:
1. You are not located in a country that is subject to a U.S. government embargo.
2. You are not located in a country designated by the U.S. government as a “terrorist-supporting” country.
3. You are not listed on any U.S. government list of prohibited or restricted parties.
13. Severability and Waiver
1. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified and interpreted to fulfill its objectives to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.
2. Waiver
The Company’s failure to exercise or delay in exercising any right under these Terms does not constitute a waiver of that right. A waiver of a breach shall not constitute a waiver of any subsequent breach.
14. Translation Interpretation
If these Terms are made available in multiple languages, and there is any discrepancy or conflict between different versions, the Japanese version shall be deemed the official version and shall prevail.
15. Changes to These Terms
1. The Company may modify, amend, or supplement these Terms from time to time.
2. If a revision is material, the Company will make reasonable efforts to provide at least 30 days’ notice prior to the new terms taking effect. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
3. If you do not agree to the new Terms, in whole or in part, please stop using the Service and proceed with account deletion or other necessary actions.
16. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
- Company Name: FoodEye LLC
- Address: N&E BLD. 6F 1-12-4 Ginza, Chuo-ku Tokyo, Japan
- Email: foodeye.app@gmail.com