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Terms & Conditions
Welcome to SnackTrack! These Terms of Service (“Terms”) govern your access to and use of the SnackTrack! mobile application and any related services (collectively, the “Service”). By downloading or using SnackTrack!, you (“you” or the “User”) agree to be bound by these Terms. If you do not agree, you must not use the Service.
These Terms form a legal agreement between you and XALO LLC (“Company,” “we,” “us,” or “our”), the provider of SnackTrack!. PLEASE READ THESE TERMS CAREFULLY, as they affect your rights and liabilities. We also encourage you to review our Privacy Policy ([link to Privacy Policy]) to understand how we collect and handle your information.
Note: SnackTrack! is a health and fitness application intended to help users track snacks and nutritional information by scanning barcodes. It is not a medical or nutritional advisory tool. See the “Health Disclaimer” section below for important details.
1. Eligibility and Account Registration
1.1. Age Requirement: You must be 13 years or older to use SnackTrack!. By using the Service, you represent that you meet this minimum age requirement. If you are under the age of majority in your jurisdiction (for example, under 18 in the U.S.), you may only use the app under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Service is not intended for children under 13, and we do not knowingly collect personal data from anyone under 13. If you do not meet these age requirements, please do not use the app.
1.2. Account Registration: To access certain features, you may need to create an account. When creating an account, you agree to provide accurate and complete information about yourself as prompted, and to update this information promptly if it changes. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Do not share your account with others or allow anyone else to log in with your credentials. If you believe your account has been compromised or accessed without authorization, notify us immediately at SnackTrack!.
1.3. Account Security: You agree to use a strong and unique password for your account and to log out at the end of each session if using a shared device. We are not liable for any loss or damage arising from your failure to comply with the above account obligations.
1.4. Account Termination by You: You may stop using SnackTrack! at any time. You also have the right to delete your account at any time. You can delete your account by [describe the procedure, e.g. “using the in-app delete account option in the settings” or “contacting us at SnackTrack! with a request to delete”]. Deleting your account will remove your profile and data from our active systems (though some data may be retained in backups or as required by law, in accordance with our Privacy Policy). Please note that if you have an active subscription (see Section 4), deleting your account or the app does not automatically cancel your subscription – you must cancel subscriptions through the app store to stop recurring payments.
2. License to Use SnackTrack!
2.1. Grant of License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use SnackTrack! on a compatible mobile device that you own or control, solely for your personal, non-commercial use. This license is provided for the sole purpose of enabling you to use and enjoy the Service as intended by these Terms.
2.2. Restrictions: You agree not to do any of the following:
Copy, modify, distribute, or create derivative works of the app or any content delivered through the app (except for your own User Content, as defined below).
Reverse engineer, decompile, or attempt to extract the source code of any software associated with the Service, unless expressly permitted by applicable law.
Resell, lease, or sublicense the app to any third party. You may not share your license or provide the app to others except as allowed by these Terms.
Use the Service in any manner that violates any laws or regulations (including, but not limited to, data export, privacy, and health regulations).
Use the app to harass, abuse, defame, threaten, or infringe the rights of any other person or entity.
Introduce viruses, worms, malware, or any code intended to disrupt or harm the app’s functionality or users’ devices.
Attempt to circumvent any security features or access controls of the Service, or scrape or data-mine content from the app.
Use the Service to collect or harvest personal information of other users. (Note: Our app is primarily a personal tracking tool, and may not have social features; but to the extent it might in the future, harassment or personal data collection from others is prohibited.)
Any unauthorized use of SnackTrack! or violation of these restrictions will result in automatic termination of the license granted herein (see Section 9 on Termination) and may constitute a violation of law.
2.3. Updates: We may from time to time provide updates, upgrades, bug fixes, or other modifications to the app (“Updates”). You agree that we have no obligation to provide any Updates or to continue to support any particular version of the app. However, to ensure the app functions correctly, you should download and install Updates when available. Updates may be subject to additional terms, which will be provided at the time of release. Unless such terms explicitly override these Terms, these Terms will apply to any Updates we supply.
3. User Content and Data
3.1. User Content Definition: SnackTrack! may allow you to input, upload, or store content such as food logs, nutritional information, photos of meals, personal statistics (e.g., weight, BMI), or other data (“User Content”). All User Content you provide remains yours. We do not claim ownership of the information you enter into the app.
3.2. License to Company: By submitting or syncing User Content through the Service, you grant XALO LLC a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, adapt, and create derivative works from your User Content solely for the purposes of operating and improving the Service. This license is necessary for us to, for example, back up your data, parse it for display, and process it to provide insights (like nutrition summaries). We will not use your personal content for any other purpose without your consent. Please refer to our Privacy Policy for details on how we handle personal data.
3.3. Your Responsibilities for User Content: You are solely responsible for all User Content you enter. Do not upload any content that is illegal, offensive, or infringes anyone’s rights. You represent and warrant that you have all necessary rights to provide the content you upload and to grant us the rights outlined in Section 3.2. We are not obligated to monitor User Content, but we reserve the right to remove any content that we deem to violate these Terms or applicable law.
3.4. Data Accuracy: You acknowledge that the quality and utility of the app’s output depend on the accuracy of the data you provide. Entering false or misleading data may lead to incorrect results or analyses. We are not responsible for any consequences of inaccurate or incomplete information that you input.
4. Purchases, Subscriptions, and Fees
4.1. Free vs. Paid Features: SnackTrack! is free to download and use at a basic level. However, certain features or content may be accessible only through in-app purchase or a paid subscription (“SnackTrack! Premium” or similar). The app store listing or in-app interface will clearly indicate which features require payment and the pricing.
4.2. Subscription Terms: If you choose to subscribe to premium features, the subscription will automatically renew at the end of each subscription period (e.g., monthly or yearly) unless you cancel. By purchasing a subscription, you authorize the platform (Apple App Store or Google Play) to charge the applicable recurring subscription fees to your stored payment method. Subscription fees are charged in advance for each period (your account may be charged 24 hours before the next period starts, especially on Apple iOS.)
4.3. Managing & Cancelling Subscription: Your subscription is managed through the app store platform from which you originally subscribed. To cancel auto-renewal or manage your subscription:
On iOS (Apple): Open your device’s Settings, tap your Apple ID name > Subscriptions, find SnackTrack!, and select “Cancel Subscription.”
On Android (Google Play): Open the Google Play Store, go to Menu (≡) > Payments & Subscriptions > Subscriptions, select SnackTrack!, and cancel the subscription.
Cancellations take effect at the end of the current billing cycle. You will retain access to premium features until your current paid period expires. Tip: To avoid being charged for the next period, initiate cancellation at least 24 hours before the current period ends (this is generally required by Apple’s system).
4.4. Free Trials and Introductory Offers: If we offer a free trial or discounted introductory period for new subscribers, the terms of that offer will be explained at sign-up. Unless you cancel before the trial ends, once the free trial period expires, your account will roll into a paid subscription and your payment method will be charged the regular rate. Each user is generally eligible for only one free trial (we reserve the right to prevent abuse of free trials).
4.5. Pricing and Changes: Subscription prices and available plans are described in-app or on our website. All prices are in [USD or applicable currency] and include any applicable taxes (unless otherwise stated). We reserve the right to change the subscription fees or introduce new fees in the future. However, no price change will apply to you until your next subscription renewal, and we will notify you in advance (via app or email) if a price change will affect your future renewals. If you do not agree with a price change, you may cancel the subscription before the new rate takes effect.
4.6. No Refunds: All purchases (including subscription charges and one-time purchases) are final and non-refundable, except where required by law or expressly permitted by the app store’s refund policies. If you believe you have extenuating circumstances for a refund, you must request it through the Apple App Store or Google Play (depending on your platform), as we are generally unable to process refunds directly. The platform provider may, at its discretion, refund a charge in certain cases (for example, Apple allows refund requests via their support, and Google Play may issue refunds within a short window or for accidental purchases). We make no guarantee of any refunds.
If you cancel a subscription, you will not receive a refund for the remaining period of your then-current subscription; you will simply retain access until the end of that period and not be charged again thereafter.
4.7. In-App Purchases (One-Time): The app might also offer one-time purchases (e.g. buying a premium feature outright or additional content packs). These purchases are processed by the app store as well. Once delivered (unlocked in your app), one-time purchases are yours to use within the app (subject to these Terms) but non-transferable. If you uninstall and reinstall or change devices, you should be able to restore such purchases by logging into the same app store account. If you encounter any issues accessing a purchase you paid for, contact us at SnackTrack! for assistance.
4.8. Third-Party Payment Processors: All transactions are handled through the Apple App Store or Google Play (or any other platform store where our app is offered). We do not directly collect or store your credit card or payment details for in-app purchases. Those are handled securely by the platform. Please review the payment terms and conditions of the platform you use, as your purchases will also be governed by those terms.
5. Health and Safety Disclaimer (No Medical Advice)
5.1. Informational Purposes Only: SnackTrack! and all content and services provided within it are offered for informational and tracking purposes only. We are not medical professionals, and we do not provide medical or nutritional advice or diagnoses. The data, analyses, or guidance provided by the app (such as calorie counts, nutritional information, suggested goals, or any health-related insights) should not be interpreted as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified physician or nutritionist if you have questions about your diet, health, or before making any significant lifestyle changes.
5.2. No Doctor-Patient Relationship: Your use of SnackTrack! does not create a doctor-patient (or nutritionist-patient) relationship between you and XALO LLC. The app’s content is general in nature, even if it is personalized based on the data you input – it cannot account for all factors in your personal health. Never disregard professional medical advice or delay seeking it because of something you read or data you obtain through SnackTrack!.
5.3. User’s Health Responsibility: Consult your doctor before starting any new diet or fitness program. If you have any pre-existing health conditions, such as diabetes, food allergies, eating disorders, or any medical concerns, you should consult a healthcare professional prior to using the app to track your diet or health metrics. You agree that you are in a reasonably good health condition to use this app. If you are on any medication or under medical supervision, follow your healthcare provider’s recommendations first and foremost.
5.4. Not for Emergencies: SnackTrack! is not intended for use in emergency situations or for the management of critical health conditions. In case of any medical emergency or severe health issue, call emergency services or your doctor immediately. Do not rely on the app to contact emergency personnel or to provide emergency guidance.
5.5. Nutritional Information and Allergens: The app may provide nutritional information (such as calorie, sugar, salt content) for food items when you scan barcodes or search our database. We do not guarantee that this information is accurate, complete, or up-to-date. Nutritional content can vary by product version or region, and databases might contain errors. Always check the product’s actual label for the most accurate nutritional and ingredient information. If you have food allergies or intolerances, do not rely solely on SnackTrack! to determine if a product is safe for you. You are responsible for verifying ingredients and allergen information from the product packaging or manufacturer.
5.6. Results Not Guaranteed: Using SnackTrack! may help you become more aware of your snacking habits and nutrition, but individual results can vary. We make no promise that you will achieve any specific health goals or outcomes by using the app. For example, just tracking calories or nutrients in the app does not guarantee weight loss, health improvement, or other results. Those outcomes depend on many factors beyond the app’s control, including your personal circumstances, metabolic factors, adherence, etc. Use of the app is at your own risk and discretion.
5.7. Use at Your Own Risk: You agree that you assume all risk for your health and well-being and for any decisions you make based on information provided by the Service. XALO LLC is not responsible for any health problems that may result from dietary choices, consulting or following guidance on SnackTrack!, or any events arising from use of the app. If any information you obtain from the app is inconsistent with advice given by a medical professional, you should follow the medical professional’s advice and consult them about the discrepancy.
6. Third-Party Services and Content
6.1. Third-Party Integrations: SnackTrack! may integrate with or allow you to interface with third-party services. For example, we may enable an option to import or export data to Apple HealthKit, Google Fit, or other wellness platforms; or log in via Apple ID, Google, or Facebook; or use a third-party food database API. If you choose to connect SnackTrack! to any third-party platform or service, you agree that: (a) such integration is at your discretion and can be disconnected by you at any time; (b) we may share certain data with the third-party service or receive data from it as needed for the integration, as described in our Privacy Policy; and (c) your use of third-party services is governed by their own terms and privacy policies, not ours. We do not endorse or guarantee any third-party service’s functionality or data.
6.2. Third-Party Content Disclaimer: The Service may include references or access to third-party content, such as food nutrition data, barcode information, articles, or external links. This content is provided “as-is” for your convenience. While we strive to use reputable data sources (for instance, known food databases), we are not responsible for the accuracy or reliability of any content provided by third parties. Third-party information (including nutritional values for scanned items) may be incomplete or contain errors, and we disclaim all liability arising from your reliance on it. Use your best judgment and verify critical information from original sources when necessary (see Section 5.5 regarding checking product labels).
6.3. Links to Other Sites: If our app or website contains links to third-party websites or resources, those links are provided for information only. We have no control over the content of those sites or resources and accept no responsibility for them. Clicking on a third-party link may take you outside our Service; once you are on a third-party site, these Terms no longer govern, and the third party’s terms will apply.
6.4. Third-Party Terms of Use: You agree to comply with all applicable third-party terms of agreement when using the Service. This includes, for example, your wireless data service agreement (if any) – using our app might consume data, and you are solely responsible for any carrier fees. If we incorporate an API or service (for example, using Google Maps for a feature or pulling data from a partner), you also agree to any terms that those third-party providers require us to impose on end users. We will make an effort to inform you within the app or in our documentation if any third-party terms are specifically applicable.
6.5. No Third-Party Liability:XALO LLC is not liable for any third-party services or content accessed through our app. If you encounter an issue with a third-party integration (for example, an external database returns incorrect info, or Apple Health’s platform has an outage), we will do our best to help or provide a workaround, but we cannot guarantee third-party performance. Any claims concerning third-party content or services are between you and that third party. (See also Section 11 on Limitation of Liability, which disclaims our liability for third-party matters.)
7. Intellectual Property Rights
7.1. Our Content: The SnackTrack! app and all materials included in the Service (except User Content) – for example, software, design, text, graphics, logos, images, and the compilation and arrangement thereof – are the property of XALO LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. XALO LLC retains all rights, title, and interest in and to SnackTrack! and its content. Your use of the Service does not grant you any ownership rights. You are only allowed to use the app within the scope of the license provided in these Terms (Section 2).
7.2. Trademarks: “SnackTrack!” and our logos, slogans, or product names are trademarks or service marks of XALO LLC. You are not permitted to use these marks without our prior written consent. All other trademarks appearing in the Service (for example, trademarks of food brands that might appear when scanning a product) are the property of their respective owners and are used only to accurately identify products; their use does not imply any endorsement or affiliation with us.
7.3. Feedback: We appreciate feedback, comments, and suggestions from our users. If you choose to submit feedback or ideas about SnackTrack! (“Feedback”), you agree that we can use that Feedback for any purpose, free of charge and without any restriction. Feedback is not confidential and may be used by us to improve or promote our services. (In plain language: you give us permission to use any suggestions you provide, and you won’t claim ownership or compensation for them.)
7.4. DMCA and Copyright Policy: If you believe that any content in our Service infringes your copyright or other intellectual property rights, please notify us at SnackTrack! with the details. We respect intellectual property law and will respond to valid DMCA takedown requests or similar notices in compliance with applicable law. We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and to terminate accounts of repeat infringers where appropriate.
8. App Store Platform Terms (Apple App Store and Google Play)
The following terms apply to you if you obtained SnackTrack! through an official app store platform (such as Apple’s App Store or Google Play). You acknowledge and agree that:
8.1. Relationship with Platform Provider: These Terms are between you and XALO LLC, not with Apple Inc., Google LLC, or any other app store provider. XALO LLC, not the platform, is solely responsible for the content, maintenance, support, and warranty of SnackTrack!. The app store provider (Apple, Google, etc.) has no obligation to furnish any maintenance or support services for the app
8.2. License Scope: The license granted to you in Section 2 is limited to use of SnackTrack! on any Apple-branded products running iOS (for Apple App Store downloads), or on Android devices (for Google Play downloads), that you own or control and as permitted by the usage rules set forth in the app store’s terms of service. In other words, you must follow the Apple App Store Rules or Google Play Terms (as applicable) regarding your use of the app. For example, if you downloaded via Apple’s App Store, the app can be used on your iPhone or iPad and you can’t transfer it to an unauthorized device.
8.3. Maintenance and Support: As noted, Apple and Google have no obligation to support the app. Any support questions, bug reports, or maintenance issues should be directed to XALO LLC (contact us at SnackTrack!). We are responsible for providing any necessary support or maintenance for SnackTrack!, as specified in these Terms or as required by law.
8.4. Warranty by Developer: In the event the app fails to conform to any applicable warranty (express or implied by law), you may notify the app store provider (e.g., Apple or Google), and they may refund the purchase price (if any) of the app to you. Beyond that, the platform will have no warranty obligation whatsoever for the app, and to the maximum extent allowed by law, the platform has no other liability for any claims, losses, or damages arising from any failure of the app to conform to a warranty. We, XALO LLC, are solely responsible for warranty fulfillment, as detailed in these Terms. (For clarity: if you have a problem with the app, contact us; Apple/Google’s only responsibility is potentially to refund the cost of the app if it was a paid download – but since SnackTrack! is free to download, there’s no price to refund in our case.)
8.5. Product Claims: XALO LLC and you acknowledge that Apple and Google are not responsible for handling any claims related to SnackTrack! or its use. This includes, but is not limited to: product liability claims, claims that the app fails to conform to legal or regulatory requirements, claims under consumer protection or similar legislation, or claims arising from content or defects. Any such claims are the sole responsibility of XALO LLC, to the extent they are not disclaimed or limited by these Terms. You agree that any complaints or claims regarding SnackTrack! (e.g., liability, legal compliance) will be directed to us and not to Apple or Google.
8.6. Intellectual Property Claims: If a third party claims that SnackTrack! (or your possession and use of SnackTrack!) infringes that third party’s intellectual property rights, XALO LLC will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You should notify us immediately if you become aware of any IP infringement allegations relating to the app. Apple and Google shall not be responsible for the investigation, defense, or resolution of any such claim.
8.7. Legal Compliance (Export and Sanctions): You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. (This is an export compliance requirement. For example, at the time of writing, U.S. law embargoes certain countries, and U.S. companies cannot provide apps to those countries or to people on sanction lists. By using our app, you state that you are not in such a country and not on a blacklist.) You also agree to comply with all applicable export control and sanctions laws in your use of the app.
8.8. Developer Identity: The “Developer” of SnackTrack! is XALO LLC, located at 376 E Logan Ave Salt Lake City UT, 84115. You can reach us at SnackTrack! or 376 E Logan Ave Salt Lake City UT, 84115 for any questions, complaints, or claims regarding SnackTrack!. (This information is provided per Apple’s requirement that users have a way to contact the app provider.)
8.9. Third-Party Beneficiaries: You and XALO LLC acknowledge that Apple, and Apple’s subsidiaries (for iOS users), and Google, and Google’s subsidiaries (for Android users), are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple and/or Google shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. Aside from this, no other person or entity is a third-party beneficiary to this agreement.
8.10. App Store Terms of Service: These Terms supplement and incorporate the Apple Media Services Terms (for iOS) and the Google Play Terms of Service (for Android). You should review the applicable platform terms, as your use of SnackTrack! must also comply with those. If these Terms conflict with the app store terms (in areas such as pricing, payment, etc.), the app store terms may prevail for those specific aspects due to their policies.
9. Termination and Suspension
9.1. By You: As noted in Section 1.4, you may terminate this agreement at any time by deleting your account and the app. If you wish to stop using SnackTrack!, you can simply discontinue use, though we recommend deleting your account for full termination. Terminating your account will remove your access to the Service and may delete your data permanently (except data we are required or permitted to retain by law). Remember to also cancel any active subscriptions via the app store to stop further billing (see Section 4.3).
9.2. By XALO LLC: We reserve the right to suspend or terminate your access to SnackTrack!, with or without notice, if you breach any provision of these Terms or if we determine in our sole discretion that your use of the Service is unlawful, abusive to others, or harmful to us or any third party. In serious cases (e.g., fraud, illegal activity, harassment, or threats), we may terminate access immediately. For less severe issues or suspected violations, we may suspend your account and contact you to resolve the issue before deciding on permanent termination.
9.3. Discontinuation of Service: XALO LLC also reserves the right to discontinue the Service or any part of it at any time for business or technical reasons (for example, if we decide to sunset the app). If we discontinue the Service in its entirety, we will make reasonable efforts to notify users in advance (e.g., via an in-app message or email) and provide instructions on how to export your data, if applicable. Any subscriptions will be canceled so that no further charges occur if the Service is fully shut down.
9.4. Effect of Termination: Upon termination of your account or this agreement for any reason:
Your rights to access and use the Service will immediately cease. You must delete or uninstall the app from your devices.
User Content/Data: In line with our Privacy Policy, we will delete or de-identify your personal data, except as required to retain by law or legitimate business purposes (e.g., backup archives that will be deleted in the normal course of business, or transactional records needed for financial reporting).
No Liability: Termination of an account can result in loss of User Content and settings associated with your account. We will not be liable for any such loss, except to the extent caused by our failure to safeguard your data as described in the Privacy Policy. It is your responsibility to back up any data you wish to keep before deleting your account.
No Refunds: If your account is terminated due to violation of these Terms or you voluntarily delete your account, you will not be entitled to any refunds for purchases or subscriptions (see Section 4.6). If we terminate or suspend your account without cause (not due to your misconduct), and you have a prepaid subscription, we may at our discretion provide a pro-rata refund for the remaining unused subscription period. (For example, if we had to shut down the service entirely, we’d refund any remaining full months of a yearly subscription.)
Survival: Any provision of these Terms which by its nature should survive termination (such as ownership provisions, warranty disclaimers, indemnities, limitations of liability, dispute resolution, and others) will remain in effect even after your access to the Service is terminated.
10. Disclaimers of Warranties
SnackTrack! is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, XALO LLC disclaims all warranties and representations, express or implied, regarding the Service. This includes, but is not limited to:
Implied Warranties: We disclaim any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will meet your requirements or achieve any intended results.
No Guarantee of Accuracy: While we strive for accuracy, we do not warrant that the information provided on the app is completely accurate, reliable, or up-to-date. Nutritional data, analysis, or other content may contain errors. Use your own judgment and double-check critical information (see Section 5 and 6 for context). Any reliance you place on the information from the app is at your own risk.
Operation of the Service: We make no warranty that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not guarantee that the app will be compatible with all devices or will work with any particular network or service plan.
Data Integrity: We do not warrant that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions. You assume the risk of any and all damage to your mobile device or loss of data that may result from using the app.
Third-Party Materials: Any third-party content or links made available via SnackTrack! are provided “as is” for convenience and information. We do not endorse or make any warranty in relation to such content. We have no responsibility or liability for any third-party materials or websites (as noted, see Section 6).
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, the scope and duration of any applicable warranty will be the minimum permitted under applicable law.
11. Limitation of Liability
To the maximum extent permitted by law, in no event shall XALO LLC or its officers, directors, employees, agents, partners, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, arising out of or related to your use of (or inability to use) SnackTrack! or the Service. This exclusion includes, without limitation: damages for lost profits, lost data, loss of goodwill, device damage, or the cost of substitute services, even if we have been advised of the possibility of such damages.
In particular, XALO LLC will not be liable for:
Any injury, illness, or health issues you sustain that may be associated with your diet or use of the app. (Always consult professionals for health matters.)
Loss or corruption of data (your food logs, stats, etc.) – we implement safeguards, but we cannot guarantee your data won’t be lost or compromised.
Unauthorized access or use of our servers and/or any personal information stored therein, unless caused by our failure to implement reasonable security measures.
Third-Party Conduct: any conduct or content of any third party using the Service, including any defamatory, offensive, or illegal conduct of other users (if the app ever involves user interactions) or of third-party integrations.
Third-Party Content or Products: any content, data, or products from third parties accessed via the Service (e.g., if a food product’s data is wrong or a third-party service fails). We do not have control over, and assume no responsibility for, those third-party elements.
Cap on Liability: To the extent we are found liable for any claim, our aggregate liability to you for all claims arising from or related to the Service is limited to the greater of: (a) the total amount (if any) you’ve paid to XALO LLC for the Service in the six (6) months immediately before the event giving rise to the liability, or (b) USD $100 (or equivalent in local currency). If you use the app without any fees (e.g., no subscription), our total liability shall not exceed USD $100. This limitation applies cumulatively, not per incident.
Exceptions: Nothing in these Terms shall limit or exclude our liability for any liability that cannot be excluded or limited by law. For example, some jurisdictions do not allow exclusion of liability for personal injury or death caused by negligence, or for gross negligence or willful misconduct. Also, the limitations above do not affect any statutory rights that by law cannot be waived (for instance, certain consumer protection laws may provide non-waivable rights). In such cases, our liability will be limited to the maximum extent permitted by law.
Your Responsibility: You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that we would not be able to provide the Service on an economically feasible basis without such limitations.
12. Indemnification
You agree to indemnify, defend, and hold harmless XALO LLC and its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise from or relate to:
Your use of the Service, including any User Content you submit or actions you take (or fail to take) in connection with the app;
Your violation of these Terms or of any law or regulation;
Your infringement of any rights of any third party, such as intellectual property, confidentiality, or privacy rights, through your use of the app; or
Any misuse of the app by someone using your account (whether with or without your knowledge).
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with our defense of such claim). You will not settle any such claim without our prior written consent, which we will not unreasonably withhold.
This indemnification obligation will survive termination of your account and this agreement.
13. Modifications to the Terms
13.1. Right to Modify: XALO LLC may revise or update these Terms from time to time. We reserve the right to modify these Terms at any time to reflect changes to our Service, legal requirements, or for any other reason.
13.2. Notification of Changes: If we make material changes, we will notify you in advance by appropriate means, which may include posting the updated Terms within the app or on our website (with a new “Last Updated” date), and/or sending you an email or in-app notification. Please check these Terms periodically for updates. We will indicate the date of the latest revision at the top of the Terms.
13.3. Your Consent to Changes: Changes to the Terms will not apply retroactively. They will become effective on the date indicated in the notice or when published (as applicable). By continuing to use the Service after the updated Terms take effect, you indicate your acceptance of the revised Terms. If you do not agree to the modified Terms, you should stop using SnackTrack! and, if applicable, cancel any subscriptions and delete your account before the changes take effect.
In certain cases, we may ask you to actively consent to the updated Terms (for example, by clicking “Agree”) when you next log in or update the app. If you decline to agree in such case, you may not be able to continue using the Service.
14. Governing Law and Dispute Resolution
14.1. Governing Law: These Terms and any dispute arising out of or related to the Service or these Terms shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law provisions. However, if you are a consumer in a jurisdiction that mandates the application of its own consumer protection or privacy laws for certain issues, those laws may supersede the chosen governing law to the extent required.
14.2. Jurisdiction: You agree that any dispute or claim (excluding claims for injunctive or equitable relief) arising out of or relating to the Terms or your use of the Service shall be exclusively brought in the courts of [State/Country] (or, if you specify a particular city/county jurisdiction, include that). You and XALO LLC consent to the exercise of personal jurisdiction of such courts. If you reside in a country with laws giving consumers the right to bring disputes in your local courts under local law (e.g., EU consumers), this section does not limit any such right you may have.
14.3. Dispute Resolution; Arbitration (Optional): [This clause is optional. If you want to include an arbitration agreement or required mediation, it can be inserted here.] In the interest of resolving disputes efficiently, you and XALO LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service that cannot be resolved by negotiation shall be resolved by binding arbitration administered by [arbitration body] under its [rules]. [Include details like whether it’s one arbitrator, location of arbitration, any small claims court carve-out, and class action waiver, if desired]. By agreeing to arbitration, you are giving up your right to go to court and have your case heard by a judge or jury. This clause does not apply to: (i) individual claims in small claims court, (ii) enforcement of arbitration awards, or (iii) claims for injunctive relief.
14.4. Class Action Waiver: [If using arbitration or even without it, many terms include a class action waiver:] You and XALO LLC agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and neither party will seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
14.5. Equitable Relief: Notwithstanding the above, either party may seek equitable relief (such as a preliminary injunction) in a court of competent jurisdiction if necessary to prevent an imminent irreparable harm (e.g., unauthorized use of intellectual property or breach of data security) without first engaging in the informal dispute resolution or arbitration process described above.
15. Miscellaneous
15.1. Entire Agreement: These Terms, together with our Privacy Policy and any additional guidelines or terms provided for specific features of the app, constitute the entire agreement between you and XALO LLC regarding your use of SnackTrack!. They supersede any prior agreements or communications between you and us relating to the Service. Any additional or different terms you propose (for example, in correspondence) are rejected unless expressly agreed in writing by an authorized representative of XALO LLC.
15.2. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. (In legal terms, an invalid clause will be severed, and it won’t affect the validity of the rest of the agreement.)
15.3. No Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Similarly, the waiver of one breach or default by you will not constitute a waiver of any subsequent breach or default. All waivers must be in writing to be legally binding.
15.4. Assignment: You may not assign or transfer these Terms or any of your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. XALO LLC may assign or transfer these Terms (in whole or in part) freely as part of a merger, acquisition, sale of assets, or by operation of law, or otherwise. These Terms shall bind and insure to the benefit of the parties, their successors, and permitted assigns.
15.5. Third-Party Beneficiaries: Except as expressly provided in Section 8.9 (regarding Apple and Google as third-party beneficiaries), nothing in these Terms is intended to confer rights or remedies on any third party. No one other than you and XALO LLC (and Apple/Google to the extent of their rights in Section 8) has the right to enforce any of these Terms.
15.6. Relationship of Parties: You and XALO LLC are independent contracting parties. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
15.7. Force Majeure: XALO LLC will not be liable for any delay or failure in performance of the Service caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, pandemic, labor shortages or strikes, supply chain disruptions, electrical or telecommunications outages, or natural disasters.
15.8. Notices: We may provide you with notices, including those regarding changes to these Terms or matters related to your account, by various means including email, regular mail, SMS, in-app messages, or postings within the Service. Notices emailed to you will be deemed given and received on the email transmission date. If you need to give notice to us, you must do so in writing via email to SnackTrack! or via registered mail to [Company Name’s mailing address].
15.9. Contact Information: If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at:
XALO LLC
Address: 376 E Logan Ave Salt Lake City UT, 84115
Email: SnackTrack!
Phone: +1 801-874-1746
We will do our best to respond to inquiries in a timely manner.
By using SnackTrack!, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for choosing SnackTrack! to support your health journey!