Please read these Terms of Service (“Terms”) carefully before using the BiteSmart mobile application (“App”, “Service”) operated by Vijay Umapathy (“Developer”, “we”, “us”, “our”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
BiteSmart is a consumer information tool that scans product barcodes and provides general informational summaries about food product ingredients, additives, allergens, and age-related considerations. The App retrieves data from publicly available third-party sources and applies an automated rule-based analysis to generate a simplified color-coded assessment (green, yellow, or red).
BiteSmart is not a medical device, diagnostic tool, health care service, or substitute for professional advice of any kind.
THE INFORMATION PROVIDED BY BITESMART IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE MEDICAL ADVICE, NUTRITIONAL COUNSELING, DIETARY GUIDANCE, TOXICOLOGICAL ASSESSMENT, ALLERGEN TESTING, OR ANY OTHER FORM OF PROFESSIONAL ADVICE.
The App’s color-coded assessments, scores, findings, and explanations are automated outputs generated by software algorithms applied to publicly available third-party data. They are:
You should always read the actual product label, consult your child’s healthcare provider before making dietary or product decisions, and never rely solely on this App to determine whether a product is safe for your child.
The App relies on data from third-party sources including, but not limited to, Open Food Facts, the U.S. Food and Drug Administration (FDA), the California Office of Environmental Health Hazard Assessment (OEHHA), and other publicly available databases. We do not control, verify, audit, independently test, or guarantee the accuracy, completeness, currentness, or reliability of any third-party data.
Specifically, and without limitation:
A “green” score does not mean a product is safe. A “red” score does not mean a product is unsafe. The scores reflect a simplified, automated summary of publicly available data and should be treated as one input among many in your decision-making, not as a definitive safety determination.
By using the App, you acknowledge and agree that:
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER, HIS AFFILIATES, AGENTS, LICENSORS, OR DATA PROVIDERS BE LIABLE FOR ANY:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE DEVELOPER’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE DEVELOPER FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).
You agree to indemnify, defend, and hold harmless the Developer from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
BiteSmart does not collect, store, or transmit any personal information about children. The App asks for a child’s age in months solely for the purpose of generating age-appropriate scoring during the current session. This age value:
We do not knowingly collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us and we will promptly delete it.
The App accesses data from third-party services and databases. These third parties have their own terms of service and data policies. We are not responsible for the content, accuracy, policies, or practices of any third-party data source. Your use of the App is also subject to:
Links to external sources provided in the App are for informational convenience only and do not imply endorsement.
THE APP IS NOT AN ALLERGEN DETECTION TOOL. The allergen information displayed by the App is derived from third-party databases that may be incomplete, incorrect, or outdated. The App:
If your child has a known or suspected food allergy, you must read the actual product label and consult with your child’s allergist or healthcare provider. Do not rely on this App for allergen safety.
The App, including its code, design, scoring engine, algorithms, and user interface, is the intellectual property of the Developer. The underlying third-party data is subject to the licenses of the respective data providers. You may not reverse-engineer, decompile, or create derivative works from the App.
We reserve the right to modify, suspend, or discontinue the App at any time without notice. We may also update these Terms from time to time. If we make material changes, we will update the “Last Updated” date and, where practicable, notify you through the App. Your continued use of the App after any changes constitutes acceptance of the revised Terms.
We may terminate or suspend your access to the App at any time, for any reason, without notice. Upon termination, all provisions of these Terms that by their nature should survive (including Sections 5, 6, 7, and 14) will remain in effect.
These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms or the App shall be resolved exclusively through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted in San Francisco County, California. You and the Developer each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding.
If arbitration is found unenforceable, any litigation must be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Developer regarding the App and supersede all prior agreements and understandings.
If you have questions about these Terms, please contact:
Vijay Umapathy
Email: contact.bitesmart@gmail.com
By using BiteSmart, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.