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Legal

Terms of Service

Effective November 15, 2026 · Last updated November 1, 2026

1. Agreement to These Terms

These Terms of Service ("Terms") are a legal agreement between you and Floyd Technologies LLC, doing business as BiteCount ("BiteCount," "we," "us," or "our"). They govern your access to and use of the BiteCount mobile application, our website at bitecountapp.com, the share-link pages we host, and any related services (together, the "Service").

By creating an account or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms, including our Health Disclaimer and Community Guidelines, which are part of these Terms. Our Privacy Policy explains how we collect, use, and share your information. If you do not agree, do not create an account or use the Service.

Changes to These Terms

We may update these Terms from time to time. When we do, we will notify you through the app or by email at least 14 days before the changes take effect. For material changes, we may ask you to accept the updated Terms in the app before you can keep using the Service. If you accept the updated Terms in the BiteCount app before the effective date, they apply to you from the moment you accept. Otherwise, your continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, you may stop using the Service and delete your account.

2. Eligibility

You must be at least 13 years old to use BiteCount. If you are between 13 and 17, a parent or legal guardian must consent to your use of BiteCount and agree to these Terms on your behalf before you create an account, and is responsible for your use of BiteCount.

Social Features Are for Adults Only

Social Features (described in Section 5) are available only to users 18 and older. Users under 18 may use BiteCount's private tracking features only. They cannot create a public profile or username, post, comment, give high fives, follow or be followed, appear in search or suggestions, create share links, send or receive messages, share goal cards, or save or remix other users' recipes. Users under 18 may view posts that BiteCount itself publishes on Discover.

Your Promises to Us

By using the Service, you represent and warrant that:

  • You are at least 13 years old.
  • The birthday you provide is accurate, and you will not misrepresent your age to gain access to any feature, including Social Features.
  • You have the legal capacity to enter into this agreement, or your parent or legal guardian has agreed to it on your behalf.
  • You are not prohibited from using the Service under any applicable law.
  • The information you provide when you register is accurate and current.

How We Determine Age

We determine your age using the birthday you provide and, where available, age information provided by Apple. If you are under 18 and need to correct your birthday, contact support@bitecountapp.com.

If we learn that a user is under 13, we will suspend and delete the account in accordance with our Privacy Policy and the Children's Online Privacy Protection Act (COPPA). If we reasonably believe that a user with access to Social Features is under 18, we will turn off Social Features for that account and hide its content while we review it.

3. Your Account

Creating an Account

To use all of BiteCount's features, you must create an account and purchase a subscription. You may register with an email address and password, or with Sign in with Apple or Sign in with Google. You agree to provide accurate, complete, and current information and to keep it up to date.

Account Security

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You agree to:

  • Keep your password secure and not share it with anyone.
  • Notify us immediately at support@bitecountapp.com if you suspect unauthorized access.
  • Not use another person's account without their permission.

BiteCount is not liable for any loss or damage that results from your failure to keep your login credentials secure.

One Account Per Person

Each account is for one individual. You may not create multiple accounts for yourself, share your account with others, or transfer your account to another person. You may not create a new account to get around a suspension, restriction, or removal. BiteCount is for tracking your own nutrition and progress. Do not use your account to track another person’s food, weight, or health, or to enter another person’s health information or photos.

Your Username and Display Name

If you use Social Features, other users can see your username, the display name you enter in BiteCount, and the profile photo you choose in BiteCount. Your display name does not need to be your legal name; a nickname is fine. We never use the name or photo from your Apple or Google account on your profile.

Usernames, display names, bios, and profile photos must follow our Community Guidelines. We may block, change, or reclaim any username that breaks these rules or that we need to change for legal reasons.

4. Subscriptions and Billing

Subscription Plans

BiteCount is a paid subscription service. Subscribers can use the features described in the app for their plan. We may change the features included in a plan with reasonable advance notice.

Purchasing a Subscription

All subscriptions are purchased through the Apple App Store, and your purchase is also subject to Apple's terms and conditions. BiteCount does not process payments directly and does not store your payment card information.

Billing and Renewal

Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. Your Apple Account will be charged for renewal within 24 hours before the end of the current period. The price and renewal terms are shown at the time of purchase.

Cancellation

You can cancel your subscription at any time in your iPhone Settings > [your name] > Subscriptions. Cancellation takes effect at the end of the current billing period, and you keep access to paid features until then. Cancelling your subscription does not delete your account, and deleting the app does not cancel your subscription.

If your subscription ends, your profile and the content you have shared remain visible to other users according to your settings until you change those settings.

Refunds

All purchases are processed by Apple. Refund requests must be submitted directly to Apple at reportaproblem.apple.com. BiteCount cannot issue refunds for App Store purchases.

Free Trials

If we offer a free trial, its terms will be clearly described when you sign up. If you do not cancel before the trial ends, your subscription will automatically convert to a paid plan and your Apple Account will be charged.

Price Changes

We may change subscription prices. If we raise the price of your current plan, we will notify you in advance, and the increase will be handled under Apple's rules, which may require you to agree to the new price before your subscription renews.

5. Social Features

What Social Features Include

"Social Features" are the parts of BiteCount that let you interact with other users or share content beyond your private account. They include public profiles and usernames; following and friends (users who follow each other); posts, comments, and high fives; sharing, saving, direct messages and remixing recipes; user search and suggested users; the Discover feed; share links; and goal cards.

Turning Social Features On and Off

If you are 18 or older, you can choose to turn on Social Features during onboarding. Social Features stay off unless you turn them on, and you can turn them off at any time in settings. While they are off, other users cannot find you in search or see your profile or content.

What Other Users Can See

You control much of what other users can see through your settings. Our Privacy Policy explains exactly what is always visible, what you choose to share, and what is never shown to anyone. Your progress photos are always private and can never be posted or shared.

Sharing Outside BiteCount

You can share your profile, recipes, and foods through share links, and you can share goal cards in BiteCount or outside the app. Once you share a link or goal card outside BiteCount, copies, screenshots, and link previews kept by other people and apps are outside our control, and we cannot recall them, even if you later delete the original.

Discover

Discover shows content published by BiteCount and may include content from other users and creators. Creators are independent users, not BiteCount employees or agents, and their views are their own. Any paid, sponsored, or gifted promotion must be clearly disclosed. We decide what appears on Discover and how it is ordered.

Direct Messages

Direct messages are available only between friends, and we may review them as described in our Privacy Policy.

Your Interactions With Other Users

You are responsible for your interactions with other users. BiteCount does not screen users, verify identities, or verify credentials that users claim, and we are not a party to any dispute between you and another user. Use good judgment about what you share and with whom. If you ever feel unsafe, block the user, report them in the app, and contact local authorities if needed.

6. User Content and Conduct

Zero Tolerance

BiteCount has zero tolerance for objectionable content and abusive users. You agree to these Terms, including our Community Guidelines, before you can use Social Features. The Community Guidelines explain in detail what is and is not allowed, and they are part of these Terms.

What You May Not Do

You agree to use BiteCount only for lawful purposes and in a way that respects the rights of others and does not interfere with their use of the Service. Everything you post or share must follow our Community Guidelines. In particular, you agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
  • Post content that breaks our Community Guidelines, including nudity or sexual content, any content that sexualizes a minor, intimate images shared without consent, content that promotes eating disorders or self-harm, harassment or hate, false credentials or dangerous health claims, spam or undisclosed promotions, and other people's personal information or photos without their permission.
  • Post content you do not have the right to share, including content that infringes someone else's copyright, trademark, privacy, or publicity rights.
  • Access or attempt to access any part of the Service or its systems without authorization, including other users' private content.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to extract source code from the app.
  • Scrape, crawl, or use automated means to access or collect data from the Service, including other users' profiles or content.
  • Transmit malware, viruses, or other harmful code.
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
  • Sell, resell, or sublicense access to the Service without our prior written consent.
  • Interfere with or disrupt the integrity or performance of the Service or its infrastructure.

Consequences

If you post objectionable content or abuse other users, we will remove the content and take action against your account, up to and including removing your access to Social Features or closing your account, as described in Sections 8 and 17, without prior notice or refund.

7. Your Content

What You Own

The data and content you put into BiteCount - including your food logs, measurements, goals, progress photos, recipes, posts, comments, and photos ("your content") - belongs to you. BiteCount does not claim ownership of your content.

Our License to Your Private Content

For content that only you can see, such as your food logs, measurements, goals, and progress photos, you grant BiteCount a limited, non-exclusive, royalty-free license to store, process, and display that content solely to provide the Service to you.

Our License to Your Shared Content

For content you make visible to other users or share through Social Features ("Shared Content") - such as your profile, posts, comments, photos, and visible recipes - you grant BiteCount a non-exclusive, worldwide, royalty-free license to host, store, copy, process, resize, format, display, and distribute that content within the Service and through share links you create, to the audiences you choose, for the purpose of operating, providing, and improving the Service.

We will not use your Shared Content in BiteCount advertising or marketing outside the app unless we first ask you and you give us permission for that specific content.

This license ends when you delete the content or your account, except for: remixes of your recipes that other users have made; copies held in backups for the limited time described in our Privacy Policy; and content we must keep to comply with the law, enforce these Terms, or respond to a report or legal claim.

Recipes You Share

When you make a recipe visible to other users, those users can view it, save it, and create their own modified version (a "remix"). A remix credits your username as the original. You grant each user who can see your recipe a non-exclusive, royalty-free license to save, use, and remix it within BiteCount and to share their remix within BiteCount.

A remix belongs to the user who made it and remains available if you delete your original recipe. If you delete your account, the credit on any remix changes to "a BiteCount user."

Your Responsibility for Content

You are solely responsible for the content you post and for the accuracy of the data you enter, including the nutrition information in recipes you share. You confirm that you own or have all necessary rights to everything you post, and that you have permission from anyone who appears in a photo you post.

Aggregated and Anonymized Data

We may use anonymized, aggregated data derived from how people use BiteCount - data that cannot identify you - to improve the Service, conduct research, and develop new features. This data is not personal data and is not subject to the ownership rights above.

8. Moderation, Reporting, and Enforcement

How We Moderate

We use automated tools to help keep BiteCount safe. Text in posts, comments, usernames, and other Shared Content is checked against a list of restricted terms, and post captions, comments, and bios are also checked by an automated moderation service right after they are posted. Photos you post (other than progress photos) are checked by an automated image moderation service before they are saved. Content that fails these checks may be blocked or hidden. Automated tools are not perfect, and they may sometimes block or hide content that follows our rules or miss content that does not.

We do not review all content before it is posted, and we have no obligation to monitor the Service. We are not responsible for content posted by other users, and we do not endorse any user's content or views. Our moderation practices describe how we work to keep BiteCount safe; they are not a promise to you or anyone else that we will remove any particular content or prevent any harm, and to the extent permitted by law, we are not liable for any failure or delay in reviewing reports or removing content.

Reporting and Blocking

You can report posts, comments, profiles, and messages in the app, and you can block other users at any time. When you report content, you have the option to hide it. We review reports within 24 hours. If reported content clearly violates these Terms or our Community Guidelines, we remove it and take action against the user who posted it.

Intimate Images Shared Without Consent

If an intimate image or video of you - including one created or altered with AI - has been posted on BiteCount without your consent, you or someone authorized to act for you can ask us to remove it, whether or not you have a BiteCount account. Email support@bitecountapp.com with the subject line "Removal Request" and include:

  • Your physical or electronic signature.
  • Information that lets us find the content, such as a username, a link, or a description of the post.
  • A brief statement that you believe in good faith the image or video was posted without consent, with any information that supports your request.
  • Your contact information.

We will remove the content within 48 hours of receiving a valid request and make reasonable efforts to find and remove identical copies on BiteCount.

What We May Do

If we believe content or conduct violates these Terms or our Community Guidelines, or creates risk for users, BiteCount, or others, we may, at our discretion and without prior notice: block or remove content; restrict or suspend your access to Social Features; suspend or terminate your account; preserve content and account information; and report content or conduct to NCMEC or law enforcement where required or appropriate.

Appeals

If you believe we removed your content or restricted your account by mistake, email support@bitecountapp.com with "Appeal" in the subject line and a short description of what happened. We will review your appeal and let you know our decision.

Emergencies

BiteCount is not an emergency service and does not monitor content in real time. If you or someone else is in immediate danger, call 911.

9. Intellectual Property

The BiteCount app, website, name, logo, design, features, and all content created by BiteCount, including BiteCount's posts on Discover, are the exclusive property of BiteCount and are protected by U.S. and international intellectual property laws. Your content remains yours, as described in Section 7.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial purposes. This license does not include the right to:

  • Copy, modify, or distribute any part of the Service, except as these Terms allow for content shared through Social Features.
  • Use BiteCount's name, logo, or branding without our prior written permission.
  • Create derivative works based on the Service.

If you send us feedback, suggestions, or ideas about the Service, we may use them freely and without any obligation to you.

10. Third-Party Services and Links

BiteCount works with and relies on third-party services, including Apple Health, the Apple App Store, and the service providers listed in our Privacy Policy. Your use of those services is governed by their own terms and privacy policies, and BiteCount is not responsible for their practices.

The Service may contain links to third-party websites, including links shared by other users. We do not endorse, and are not responsible for, any content, products, or services offered by third parties.

11. AI Features and Prohibited Conduct

BiteCount's AI coaching features are for your personal use within the app. In addition to the rules in Section 6, you agree not to:

  • Attempt to extract, intercept, or obtain any API keys, authentication tokens, or credentials that BiteCount uses to access third-party AI services, including OpenAI.
  • Distribute, sell, or share any such credentials, or use them outside the BiteCount app for any purpose.
  • Tamper with, circumvent, or attempt to change any rate limits, usage caps, or access controls on AI features.
  • Use the AI features to generate content that is unlawful, harmful, abusive, or otherwise in violation of these Terms.

You acknowledge that violating this section may cause BiteCount significant financial harm, including unauthorized third-party API charges. You agree to be responsible for all costs, damages, and expenses - including reasonable attorneys' fees - that result from your violation, in addition to any other remedies available under these Terms or applicable law.

BiteCount may immediately suspend or terminate your account, without prior notice or refund, for any suspected or confirmed violation of this section.

BiteCount will disclose in the app whenever an AI-powered feature simulates human behavior, as required by applicable law.

12. Health and Nutrition Disclaimer

IMPORTANT: BITECOUNT IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.

BiteCount is a general wellness and nutrition tracking tool intended for informational purposes only. The calorie targets, macro recommendations, and other outputs generated by the app are estimates based on the information you provide and widely accepted nutritional formulas. They are not personalized medical advice.

Content from other users and creators - including posts, comments, recipes, and remixes - and content BiteCount publishes on Discover is general information or personal experience. It is not medical advice and has not been reviewed by a healthcare professional unless we clearly say so. BiteCount does not verify credentials that users or creators claim. Do not follow another person's calorie targets, diet, or fasting approach in place of advice from your own healthcare provider.

Do not use BiteCount as a substitute for consulting a qualified healthcare provider, registered dietitian, or licensed nutritionist. If you have a medical condition or any health concern that changes in diet could affect, consult a healthcare professional before using BiteCount.

If you are under 18, pregnant, recovering from or at risk of an eating disorder, or managing any condition affected by diet, please consult a qualified healthcare provider before using BiteCount. Calorie tracking, and comparing yourself to others, is not right for everyone. Please put your health ahead of any number in the app. You can hide your stats or turn off Social Features at any time.

Our Health Disclaimer, which is part of these Terms, explains these limits in more detail. To the extent permitted by law, BiteCount is not responsible for any health outcome, injury, or adverse effect resulting from your use of or reliance on the Service, including content from other users or creators.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BITECOUNT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BiteCount does not warrant that the Service will be uninterrupted, secure, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content in the Service, including nutritional information from food databases and content posted by other users or creators. BiteCount is not responsible for the conduct of any user, online or offline.

14. Copyright Infringement (DMCA)

BiteCount respects intellectual property rights and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). Our designated agent for these notices, registered with the U.S. Copyright Office, is:

Agent: Floyd Technologies LLC dba BiteCount, Attn: Copyright Agent

Mailing address: 909 Lake Shore Dr, West Palm Beach, FL 33403

Phone: +1 (904) 570-6039

Email: privacy@bitecountapp.com

Submitting a Notice

If you believe content on BiteCount infringes your copyright, send our designated agent a written notice that includes:

  • Your physical or electronic signature.
  • A description of the copyrighted work you claim has been infringed.
  • A description of the material you claim is infringing and where it appears in the Service.
  • Your name, address, telephone number, and email address.
  • A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Submitting a Counter-Notice

If your content was removed because of a copyright notice and you believe it was removed by mistake or misidentification, you may send our designated agent a counter-notice that includes:

  • Your physical or electronic signature.
  • A description of the content that was removed and where it appeared before it was removed.
  • A statement, under penalty of perjury, that you have a good-faith belief the content was removed as a result of mistake or misidentification.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located (or, if your address is outside the United States, any judicial district in which BiteCount may be found), and that you will accept service of process from the person who submitted the original notice or that person's agent.

If we receive a valid counter-notice, we may restore the content within 10 to 14 business days unless the person who submitted the original notice tells us they have filed a court action.

Repeat Infringers

We will terminate, in appropriate circumstances, the accounts of users who repeatedly infringe copyrights. You may be liable for damages if you knowingly misrepresent that content is infringing, or that it was removed by mistake.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITECOUNT AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES - INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR PERSONAL INJURY - ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, ANY CONTENT POSTED BY OTHER USERS, OR YOUR INTERACTIONS WITH OTHER USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITECOUNT'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR BITECOUNT SUBSCRIPTION IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, these limitations apply only to the extent the law allows.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless BiteCount and its officers, members, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Service.
  • Your violation of these Terms or our Community Guidelines.
  • Your violation of any law or the rights of any third party.
  • Any content you submit, post, or share through the Service.
  • Your interactions with other users.

17. Termination

By You

You may stop using the Service and delete your account at any time using the account deletion feature in the app. Your data will be deleted as described in our Privacy Policy. To stop future billing, you must also cancel your subscription through the App Store.

You can also turn off Social Features at any time without deleting your account.

By BiteCount

We may suspend or terminate your access to the Service, or to Social Features only, at any time, with or without prior notice, if we reasonably believe you have violated these Terms or our Community Guidelines, engaged in fraudulent or illegal activity, or created a risk to other users or the Service. We will make reasonable efforts to notify you, unless doing so would be impractical, would compromise an investigation or someone's safety, or is prohibited by law.

Effect of Termination

When your account is terminated, your right to use the Service ends immediately, and we will handle your data as described in our Privacy Policy. The following sections survive termination: Section 7 (to the extent it describes licenses that continue), and Sections 9 and 11 through 21.

18. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND BITECOUNT TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION AND LIMITS HOW YOU CAN SEEK RELIEF.

Informal Resolution First

Before filing a formal claim, you agree to contact us at support@bitecountapp.com and give us 30 days to try to resolve the dispute informally. We agree to do the same before filing a claim against you.

Binding Arbitration

If we cannot resolve a dispute informally, you and BiteCount agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at adr.org. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Exceptions

Either party may bring an individual claim in small claims court if it qualifies. Either party may also ask a court for an injunction to stop the infringement or misuse of its intellectual property.

Opting Out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@bitecountapp.com with the subject line "Arbitration Opt-Out" and your name and account email. Opting out does not affect any other part of these Terms.

No Class Actions

YOU AND BITECOUNT 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 class action waiver is found unenforceable for a particular claim, that claim will proceed in court, not in arbitration. If a claim proceeds in court, you and BiteCount each waive the right to a jury trial, to the extent the law allows.

Changes to This Section

If we change this Section 18, the change will not apply to any dispute that either party notified the other about before the change took effect.

19. Governing Law

These Terms are governed by the laws of the State of Florida, United States, and applicable federal law, without regard to conflict-of-law rules. The Federal Arbitration Act governs Section 18. To the extent a dispute is not subject to arbitration, you and BiteCount consent to the exclusive jurisdiction of the state and federal courts located in Florida.

BiteCount is offered for use in the United States and Canada. We make no claim that the Service is appropriate or available for use outside the United States and Canada.

20. Apple App Store Terms

If you downloaded BiteCount from the Apple App Store, the following also applies:

  • These Terms are between you and BiteCount only, not Apple. BiteCount, not Apple, is solely responsible for the app and its content.
  • Your license to use the app is limited to Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
  • Apple has no obligation to provide any maintenance or support for the app.
  • If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
  • BiteCount, not Apple, is responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar laws.
  • If a third party claims that the app or your use of it infringes their intellectual property rights, BiteCount, not Apple, is responsible for investigating, defending, settling, and discharging that claim.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
  • You must comply with any applicable third-party terms when using the app, such as your wireless carrier's terms.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple has the right to enforce these Terms against you as a third-party beneficiary.

Questions, complaints, or claims about the app should be directed to BiteCount using the contact information in Section 22.

21. General Provisions

Changes to the Service

We are always improving BiteCount. We may add, change, suspend, or discontinue any part of the Service, at any time, subject to the notice we promise for plan changes in Section 4.

Electronic Communications

You agree that we may send you notices and other communications about your account and these Terms electronically, by email or in the app, and that these satisfy any legal requirement that such communications be in writing.

Entire Agreement

These Terms, including our Health Disclaimer and Community Guidelines, are the entire agreement between you and BiteCount regarding the Service and replace all prior agreements and understandings about it.

Severability

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or any of your rights under them without our prior written consent. BiteCount may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Force Majeure

BiteCount is not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, internet or power outages, third-party service failures, and government actions.

22. Contact Us

If you have questions about these Terms or need to reach us for any reason:

General support: support@bitecountapp.com

Privacy questions and copyright notices: privacy@bitecountapp.com

Reporting content or users: Use the report button in the app

Website: bitecountapp.com

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