Terms of Service

1. Introduction and Acceptance

Welcome to TraciaAI (the "App"), a mobile application operated by Hubster S.M.N LTD, a company registered in Cyprus ("Company", "we", "us", or "our"). By downloading, installing, or using the App, you ("User", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Hubster S.M.N LTD. We reserve the right to modify these Terms at any time. We will notify you of material changes through the App or via email at least 30 days before the changes take effect. Continued use after changes constitutes acceptance.

2. Eligibility

You must be at least 18 years old to use the App. By using the App, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the App under any applicable law
• All information you provide is accurate and truthful

3. Account Registration

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

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or engage in fraudulent activity.

4. Description of Services

TraciaAI provides the following services:

• AI-Powered Nutrition Coaching: AI analysis of meals via text descriptions and food photos
• Workout Tracking: AI-assisted workout logging and exercise tracking
• Body Composition Analysis: AI estimation based on user-submitted photos (not stored by TraciaAI; processed by Google Gemini, then discarded)
• Goal Setting and Tracking: Personalized fitness goals with AI-calculated nutrition targets
• Daily and Weekly Analytics: Progress tracking, calorie counting, and macro monitoring
• Health Data Integration: Integration with Apple HealthKit (iOS) and Health Connect (Android)
• AI Chat Coaching: Conversational AI fitness and nutrition guidance

We may introduce additional features, including social and community features, in the future. Any new features will be subject to updated Terms and additional policies as applicable. We will notify you of material changes in advance.

5. Subscription Plans and Payments

5.1 Free Plan

The free plan includes limited access:

• 10 AI actions per day (chat messages, meal parsing, workout parsing)
• Basic meal, workout, and goal tracking
• Body composition analysis once every 2 weeks
• 1 goal change per month
• Basic weekly summary (numerical only)
• Advertisements displayed on AI responses
• 30-day meal photo retention

5.2 Pro Plan ($9.99/month)

The Pro plan includes:

• Unlimited AI messages, meal parsing, and workout parsing
• No advertisements
• Unlimited body composition analysis
• Full weekly AI insights and recommendations
• Unlimited goal changes
• 1-year meal photo retention
• Extended AI memory (50 messages)
• 7-day free trial for new subscribers

5.3 Elite Plan ($69.99/year)

The Elite plan includes everything in Pro, billed annually with a 42% savings compared to monthly billing.

5.4 Payment Terms and Auto-Renewal

Subscriptions are processed through Apple App Store (iOS) or Google Play Store (Android). By subscribing, you agree to the respective platform's payment terms.

Subscriptions automatically renew at the end of each billing period (monthly for Pro, annually for Elite) at the then-current price unless you cancel at least 24 hours before the end of the current period. You can manage and cancel your subscription through your device's subscription settings: on iOS, go to Settings → [Your Name] → Subscriptions; on Android, go to Google Play Store → Subscriptions.

TraciaAI does not process payments or refunds directly. All payment processing is handled by Apple or Google through their respective platforms. Refund requests are handled by Apple (reportaproblem.apple.com) or Google Play (play.google.com/store/account) according to their respective refund policies.

EU and UK consumers — Right of Withdrawal: Under the EU Consumer Rights Directive 2011/83/EU (and equivalent UK legislation), you have a statutory right to withdraw from a digital services contract within 14 days of subscribing, without giving any reason. By subscribing and using the App's AI features immediately, you expressly consent to the performance of the digital service beginning before the end of the 14-day withdrawal period, and you acknowledge that your right of withdrawal will be lost once the AI services have been substantially performed (typically upon your first successful use of an AI feature). This does not affect your rights to a refund where the service has not been delivered, where the App fails to function as described, or under other applicable consumer protection laws.

5.5 Referral Program

We may offer referral programs through partner codes. When a valid referral code is applied before subscribing, the user receives a discount as specified by the code. Referral codes can only be applied once per user and cannot be changed after application. Referral discounts apply to the subscription price as specified at the time of application.

We reserve the right to modify, suspend, or terminate referral programs at any time. Partners earn commissions on active, non-refunded subscriptions only. Commission payments are processed monthly, 30 days after the billing cycle, to account for potential refunds.

6. Advertisements

Free plan users will see advertisements displayed after AI responses. Users may watch rewarded advertisements to earn additional free AI messages (maximum 5 per day). Advertisements are served by a third-party advertising network (Google AdMob); Pro and Elite subscribers do not see advertisements. Where personalized ads are shown, we obtain consent through Google's certified consent tool (Google UMP) in the EEA, UK, and Switzerland, and request App Tracking Transparency permission on Apple devices; you can review or change your choice in the App's Settings. We do not share your health, nutrition, body, or chat data with AdMob, and that data is not used to target ads. See our Privacy Policy and Cookie Policy for details.

7. AI Services Disclaimer

IMPORTANT: TraciaAI uses artificial intelligence (AI) to provide nutrition estimates, workout suggestions, body composition estimates, and coaching guidance.

You acknowledge and agree that:

• AI-generated content is estimated and may not be 100% accurate
• Calorie and macro estimates are approximations and should not be relied upon for medical purposes
• Body composition estimates are rough approximations based on visual analysis
• AI coaching suggestions are general guidance and not personalized medical, nutritional, or fitness advice
• The App does not replace professional healthcare, medical advice, or certified personal training
• You should consult a qualified healthcare professional before starting any diet or exercise program
• We are not liable for any health outcomes resulting from following AI-generated suggestions

Consent Required: Use of the App's AI features requires your explicit consent to the processing of your data by our AI service provider (Google LLC, via the Gemini API). See our Privacy Policy, Section 5, for details on what data is sent and how it is processed. You will be asked to grant this consent the first time you launch the App, and you may withdraw it at any time from Profile → AI Data Sharing. Because AI processing is essential to the App's core service, withdrawing or declining consent results in the immediate and permanent deletion of your account and all associated personal data (see Section 15).

8. User Content and Conduct

8.1 User Content

You retain ownership of content you submit (meal descriptions, workout logs, chat messages). By submitting content, you grant us a non-exclusive, worldwide license to process this content for the purpose of providing the App's services.

8.2 Photo Policy

Body analysis photos are not stored by TraciaAI. When you submit a photo for body composition analysis, your photo is sent to our AI provider, Google Gemini, for analysis; it is held only in memory for the duration of the request and is not written to our servers or cloud storage. Google processes the photo under the Gemini API Paid Services terms, which permit limited logging for abuse prevention, security, and legal compliance, and Google does not use it to train its models. Only the resulting text analysis and estimated body-fat range are retained, until you delete your account.

Meal photos may be stored temporarily (30 days for free users, 1 year for Pro/Elite) in encrypted cloud storage (Cloudflare R2) for the purpose of meal logging and history.

8.3 Prohibited Conduct

You agree not to:

• Use the App for any illegal purpose
• Attempt to reverse engineer, decompile, or disassemble the App
• Interfere with or disrupt the App's infrastructure
• Create multiple accounts to circumvent free tier limits
• Share your account credentials with others
• Use the App to generate harmful, misleading, or dangerous health advice
• Scrape, harvest, or collect data from the App
• Attempt to bypass subscription restrictions or ad mechanisms

9. Health Data

TraciaAI may integrate with Apple HealthKit and/or Google Health Connect to read health data such as step count and active calories. This data is:

• Only accessed with your explicit permission
• Used solely to enhance your experience within the App
• Never sold to third parties
• Never used for advertising purposes
• Processed in accordance with our Privacy Policy and applicable health data regulations

10. Intellectual Property

The App - including its design, source code, user interface, branding, logos, content, AI prompt designs, workflows, data structures, and proprietary algorithms and configurations - is the intellectual property of Hubster S.M.N LTD or its licensors. This does not include third-party services and models that the App uses under licence, such as Google Gemini, which remain the property of their respective owners. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of the App.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUBSTER S.M.N LTD SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, use, goodwill, or other intangible losses
• Any damages resulting from AI-generated content, estimates, or suggestions
• Any health-related outcomes from using the App
• Service interruptions, errors, or data loss
• Unauthorized access to your account due to your failure to secure credentials

Our total liability to you for any claims arising from or related to the App shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

12. Indemnification

You agree to indemnify and hold harmless Hubster S.M.N LTD, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the App, violation of these Terms, or infringement of any third-party rights.

13. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or third-party service outages.

14. Service Availability

We strive to maintain the App's availability but do not guarantee uninterrupted or error-free service. We may perform scheduled or unscheduled maintenance that may temporarily affect availability. We will make reasonable efforts to notify users of planned downtime in advance.

15. Termination

We may suspend or terminate your access at any time for violation of these Terms. You may delete your account at any time through the App's profile settings, or by withdrawing your consent to AI processing (Profile → AI Data Sharing), which automatically deletes your account and all associated personal data. Declining AI consent at first launch also results in account deletion. Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive termination shall survive, including intellectual property rights, limitation of liability, and indemnification.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Cyprus, without regard to conflict-of-law principles. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of residence.

Courts. Except where the arbitration provision below applies, any dispute arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of Nicosia, Cyprus. If you are an EU consumer, you may also bring proceedings in the courts of your country of residence; nothing in these Terms affects your mandatory consumer-protection rights or your right to use the European Commission's Online Dispute Resolution platform.

Informal resolution first. Before starting an arbitration or a court proceeding, you and Hubster S.M.N LTD agree to attempt to resolve the dispute informally for at least 60 days. To begin, send a written Notice of Dispute to hey@hubst3r.com describing the dispute and the relief sought; we will send any notice to the email associated with your account. If the dispute is not resolved within 60 days, either party may begin a formal proceeding. This requirement does not apply to a request for urgent injunctive relief, and it does not limit a consumer's statutory rights. The 60-day period tolls any applicable limitation period.

Binding arbitration (United States residents). PLEASE READ THIS PARAGRAPH CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. If you are a resident of the United States, you and Hubster agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration rather than in court, except that (a) you may bring a qualifying claim in small-claims court, and (b) either party may seek injunctive or other equitable relief in court for intellectual-property infringement or unauthorized access to the App. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, may be conducted by submission of documents, by telephone, by video, or in person in your county of residence, and the arbitrator's award may be entered in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act.

Class-action waiver (United States residents). You and Hubster 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, consolidated, or representative action. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding.

Coordinated or mass filings (United States residents). If 25 or more arbitration demands raising similar claims are filed by or with the assistance of the same or coordinated counsel, the AAA's Mass Arbitration Supplementary Rules and any applicable mass-arbitration fee schedule will apply, and the demands may be administered in sequential bellwether batches whose outcomes the parties will use in good faith to try to resolve the remaining demands. Any applicable limitation period is tolled for demands awaiting a later batch. This provision is intended to make arbitration efficient and is not a basis for either party to refuse to arbitrate.

Arbitration fees (United States residents). Filing, administration, and arbitrator fees are governed by the applicable AAA rules, under which your share of such fees is capped and Hubster pays the remainder. Each party bears its own attorneys' fees, except where a statute or these Terms provide otherwise, or where the arbitrator finds a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may allocate fees as the applicable rules and law permit.

30-day opt-out (United States residents). If you are a U.S. resident, you may opt out of the arbitration agreement and class-action waiver above by emailing hey@hubst3r.com within 30 days of first accepting these Terms or, if you were already a user when this Section took effect, within 30 days of its effective date, in each case stating your name and a clear statement that you wish to opt out of arbitration. Opting out has no effect on any other part of these Terms; if you opt out, disputes will be resolved by the courts identified above.

Severability of this section. If the class-action waiver above is held unenforceable as to any claim, that claim (and only that claim) shall be severed and brought in the courts identified above; the remainder of this Section 16 shall remain in full force.

17. Accessibility

We are committed to making TraciaAI accessible to all users. If you experience any accessibility barriers while using the App, please contact us at hey@hubst3r.com and we will make reasonable efforts to address your concerns.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, Medical Disclaimer, and Data Processing Agreement, constitute the entire agreement between you and Hubster S.M.N LTD regarding your use of the App and supersede any prior agreements.

Language. These Terms and our other legal documents are drafted in English, which is the authoritative version. Any translation into another language is provided for your convenience only; in the event of any conflict or inconsistency, the English version prevails, except where mandatory law in your country of residence provides otherwise.

20. Contact Information

For questions about these Terms, contact us at:

Hubster S.M.N LTD
Email: hey@hubst3r.com
Country: Cyprus