Terms of Use

By downloading, installing, or using the Fobalanz mobile application (“App”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you and nova33 LLC (“we”, “us”, or “our”), a limited liability company registered in New Mexico, USA.

You must be at least 13 years old to use Fobalanz. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you must have permission from a parent or legal guardian.

To use Fobalanz, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Keep your password confidential and not share it with others
• Notify us immediately at hello@fobalanz.com if you suspect unauthorized access to your account
• Be responsible for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4.1 Free and Paid Plans

Fobalanz offers a free tier and paid subscription plans (Pro and Super). Paid plans provide access to additional features including unlimited food analyses, detailed micronutrient tracking, and personalized insights.

4.2 Billing

Subscriptions are billed on a monthly basis through Apple’s App Store (StoreKit). Payment is charged to your Apple ID account at confirmation of purchase.

4.3 Auto-Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage and cancel your subscription at any time through your Apple ID account settings.

4.4 Refunds

Refund requests are handled by Apple in accordance with their refund policy. We do not process refunds directly. To request a refund, visit reportaproblem.apple.com.

4.5 Price Changes

We reserve the right to change subscription prices. We will notify you of any price changes with reasonable advance notice. Continued use of the App after a price change constitutes acceptance of the new price.

You agree to use Fobalanz only for its intended purpose of personal nutrition tracking. You agree not to:

• Use the App for any unlawful purpose
• Attempt to reverse engineer, decompile, or extract the source code of the App
• Use automated tools, bots, or scrapers to access the App
• Attempt to gain unauthorized access to our systems or other users’ accounts
• Upload content that is harmful, offensive, or violates any third-party rights
• Use the App in any way that could damage, disable, or impair our services

The App uses artificial intelligence to estimate the nutritional content of food from photos and barcodes. You acknowledge that:

• AI-generated nutritional estimates are approximations and may contain errors
• Results may vary depending on portion size, preparation method, and food variety
• Barcode data is sourced from Open Food Facts, an open database that may contain inaccuracies
• We are not responsible for decisions made based on nutritional estimates provided by the App

All content, features, and functionality of the App — including but not limited to the design, text, graphics, logos, and software — are owned by nova33 LLC and are protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any part of the App without our express written permission.

By uploading photos or other content to the App, you grant us a limited, non-exclusive license to process that content solely for the purpose of providing the App’s features to you. We do not claim ownership of your content. See our Privacy Policy for details on how photos are processed and deleted.

We strive to keep the App available at all times but do not guarantee uninterrupted access. We may:

• Perform maintenance that temporarily limits availability
• Update or modify features at any time
• Discontinue the App with reasonable advance notice

The App is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the App will be error-free or uninterrupted.

To the maximum extent permitted by applicable law, nova33 LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of revenue, or personal injury, arising out of or in connection with your use of the App, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims arising from these Terms or your use of the App shall not exceed the amount you paid us in the 12 months prior to the claim.

We reserve the right to suspend or terminate your account at any time if you violate these Terms. You may terminate your account at any time by deleting it within the App (Profile → Settings → Delete Account) or by contacting us at hello@fobalanz.com.

Upon termination, your right to use the App ceases immediately. Sections 6, 11, 12, and 14 survive termination.

These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of New Mexico, USA, except where prohibited by applicable consumer protection law in your jurisdiction.

We may update these Terms from time to time. We will notify you of material changes via push notification or a prominent in-app notice before they take effect. Continued use of the App after changes take effect constitutes acceptance of the updated Terms.

For questions about these Terms, contact us at:

nova33 LLC
500 4th St NW, Ste 102
Albuquerque, NM 87102, USA

Email: hello@fobalanz.com
Website: fobalanz.com