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Terms of Service

Same Terms of Service

Effective Date: June 26, 2026
Last Updated: June 26, 2026

These Terms of Service (the “Terms”) govern your access to and use of Same, including the Same mobile application, website, software, content, features, artificial-intelligence or automated tools, subscriptions, and related services (collectively, the “Service”). The Service is owned and operated by Same (“Same,” “Company,” “we,” “us,” or “our”). If Same is operated through a legal entity, references to Same include that legal entity, its owners, officers, employees, contractors, agents, affiliates, successors, and assigns to the maximum extent permitted by law.

Please read these Terms carefully. By downloading, accessing, creating an account for, purchasing, subscribing to, tapping a Continue, Get Started, Accept, Agree, or similar button, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Service.

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND LIMITATIONS ON OUR LIABILITY. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 23 CAREFULLY.

FIRST-SCREEN HEALTH ACKNOWLEDGMENT: Same is a general wellness calorie-tracking app only. Same is not medical advice, not a medical device, and not for diabetes, blood glucose, insulin dosing, medication decisions, allergies, pregnancy, eating disorders, therapeutic diets, emergencies, or any medical condition. Calorie, nutrition, ingredient, allergen, and food-recognition information may be wrong. I will not rely on Same for medical, safety, allergy, medication, or emergency decisions, and I will consult a licensed healthcare professional for health or medical guidance.

HEALTH AND SAFETY NOTICE: Same is a general wellness and calorie-tracking tool only. Same is not a medical device, healthcare provider, dietitian, nutritionist, diabetes-management tool, blood-glucose tool, insulin-dosing tool, medication tool, eating-disorder tool, allergy-safety tool, pregnancy tool, clinical tool, or emergency service. Do not use Same to diagnose, treat, cure, mitigate, monitor, or prevent any disease, disorder, condition, injury, or health problem; to manage diabetes, blood glucose, insulin, medication, pregnancy, allergies, kidney disease, liver disease, cardiac disease, metabolic disease, eating disorders, disordered eating, or any therapeutic diet; or to make medical, emergency, clinical, or safety-critical decisions. Calorie, macro, nutrition, food-recognition, meal, weight, and wellness information may be incomplete, inaccurate, unsafe, delayed, or inappropriate for your circumstances. If inaccurate nutrition, calorie, carbohydrate, ingredient, allergen, or food-identification information could harm you, you must not rely on Same. Always consult a licensed medical professional before making health, diet, exercise, medication, weight-loss, weight-gain, fasting, supplement, or treatment decisions.

SPECIFIC HEALTH ACKNOWLEDGMENT: By tapping Continue, creating an Account, purchasing a subscription, accessing the Service, or otherwise accepting these Terms, you expressly acknowledge and agree to the following statement:

Same is a general wellness calorie-tracking app only. Same is not medical advice, not a medical device, and not for diabetes, blood glucose, insulin dosing, medication decisions, allergies, pregnancy, eating disorders, therapeutic diets, emergencies, or any medical condition. Calorie, nutrition, ingredient, allergen, and food-recognition information may be wrong. I will not rely on Same for medical, safety, allergy, medication, or emergency decisions, and I will consult a licensed healthcare professional for health or medical guidance.

USER HEALTH CERTIFICATION AND HIGH-RISK USE BAN: By creating an Account, using the Service, or purchasing a subscription, you certify that you are using Same only for non-medical, personal wellness purposes. You agree that you will not use Same as a medical, disease-management, medication-management, allergy-safety, eating-disorder, pregnancy, therapeutic-diet, diabetes, blood-glucose, insulin, emergency, or safety-critical tool. If inaccurate calorie, macro, nutrition, ingredient, allergen, or food-recognition information could cause you physical injury, medical harm, medication error, allergic reaction, dangerous weight change, relapse, or any other health or safety harm, you must not rely on Same. Any such use is unauthorized misuse of the Service and is at your sole risk to the maximum extent permitted by law.

AUTOMATIC RENEWAL NOTICE: Paid subscriptions automatically renew unless canceled before the end of the then-current billing period or any earlier deadline shown at checkout or required by the applicable App Provider. The price, billing period, renewal period, trial length, cancellation deadline, and cancellation method will be shown before purchase. Deleting the Service or deleting your account does not cancel a subscription purchased through Apple, Google, or another third-party app store.

1. Acceptance of These Terms

You agree to these Terms when you do any of the following:

  1. download, install, access, or use the Service;
  2. create or register an Account;
  3. tap or click Continue, Get Started, Accept, Agree, or any similar button presented with or near language such as “By continuing, you agree to our Terms of Service and Privacy Policy”;
  4. purchase or subscribe to any paid feature; or
  5. continue using the Service after we notify you of updated Terms.

These Terms form a legally binding agreement between you and Same. You represent and warrant that you have full legal capacity and authority to enter into these Terms. If you use the Service on behalf of an entity, you represent and warrant that you are authorized to bind that entity, and “you” includes that entity.

The Privacy Policy is incorporated into these Terms by reference. If these Terms conflict with the Privacy Policy regarding personal information, the Privacy Policy controls to the extent of the conflict.

1.1 Onboarding Continue Button; Health and Safety Acknowledgement

During onboarding, account creation, subscription purchase, or first use of the Service, the Service may present a screen with a Continue, Get Started, Accept, Agree, or similar button and language such as “By continuing, you agree to our Terms of Service and Privacy Policy.” By tapping or clicking that button, or by continuing to access or use the Service after that screen is presented, you agree to these Terms and our Privacy Policy as if you had physically signed a written agreement.

The Service may also present the following health and safety acknowledgement, and that acknowledgement is incorporated into and forms part of these Terms:

Same is a general wellness calorie-tracking app only. Same is not medical advice, not a medical device, and not for diabetes, blood glucose, insulin dosing, medication decisions, allergies, pregnancy, eating disorders, therapeutic diets, emergencies, or any medical condition. Calorie, nutrition, ingredient, allergen, and food-recognition information may be wrong. I will not rely on Same for medical, safety, allergy, medication, or emergency decisions, and I will consult a licensed healthcare professional for health or medical guidance.

By tapping Continue, creating an Account, purchasing a subscription, or using the Service after this acknowledgement is shown or made available, you represent, warrant, and agree that you understand and accept this acknowledgement. If you do not agree, you must not tap Continue, create an Account, purchase a subscription, or use the Service.

2. Definitions

“Account” means a registered Same user account.

“App Provider” means Apple, Google, or any other third-party platform, marketplace, app store, payment processor, or distributor through which you download the Service or purchase a subscription or in-app product.

“Company Content” means all text, software, code, interfaces, designs, graphics, images, videos, audio, data, nutritional information, databases, algorithms, models, prompts, workflows, reports, recommendations, meal suggestions, trademarks, logos, and other materials made available through the Service, excluding User Content.

“Output” means any food identification, calorie estimate, nutrition estimate, recommendation, goal, generated text, summary, insight, score, label, or other content generated or displayed by the Service, including by automated or AI-powered features.

“Restricted Medical Use” means any use of the Service or Output for medical, clinical, therapeutic, diagnostic, disease-management, medication, allergy-safety, pregnancy, eating-disorder, diabetes, blood-glucose, insulin, emergency, safety-critical, professional healthcare, or regulated healthcare purposes; for any disease, condition, injury, disorder, symptom, prescription, therapeutic diet, clinician-supervised program, or treatment plan; or in any situation where inaccurate calories, nutrients, ingredients, allergens, food identification, serving sizes, trends, reminders, or Output could reasonably contribute to physical injury, medical harm, medication error, allergic reaction, dangerous weight change, relapse, or other health or safety harm.

“Paid Services” means subscriptions, premium features, in-app purchases, add-ons, or other paid offerings.

“User Content” means any content, data, photos, images, videos, text, food logs, meal entries, measurements, body metrics, goals, notes, feedback, files, metadata, or other information that you upload, submit, enter, sync, create, store, transmit, or otherwise make available through the Service.

3. Eligibility; Age Requirements

The Service is intended only for individuals who are at least 18 years old. You may not access or use the Service if you are under 18.

By using the Service, you represent and warrant that:

  1. you are at least 18 years old;
  2. you are legally permitted to use the Service in your jurisdiction;
  3. your use of the Service will comply with all applicable laws and regulations;
  4. all information you provide to us is accurate, complete, and current;
  5. you will use the Service only for your own lawful, personal, non-commercial purposes unless we separately agree otherwise in writing;
  6. you will not use the Service for any Restricted Medical Use; and
  7. you will not rely on the Service or Output where inaccurate, incomplete, delayed, or unsuitable information could cause personal injury, health consequences, property damage, financial loss, legal consequences, or other harm.

We do not knowingly permit individuals under 18 to create Accounts or use the Service. If we learn that an individual under 18 has used the Service or provided personal information, we may delete the Account and associated information, subject to applicable law and our Privacy Policy.

4. Accounts and Account Security

You may need an Account to access certain features. You agree to:

  1. provide accurate and complete registration information;
  2. keep your information current;
  3. maintain the confidentiality of your login credentials;
  4. use strong authentication where available;
  5. not share, sell, rent, transfer, or sublicense your Account; and
  6. promptly notify us of any unauthorized access or suspected compromise.

You are responsible for all activity that occurs under your Account, whether or not authorized by you, except to the extent caused by our breach of these Terms or applicable law. We may reject, reclaim, or require changes to usernames, profile names, or identifiers at any time.

You may delete your Account through the Service if that functionality is available, or by contacting us at sameappsupport@gmail.com. Account deletion may be irreversible. Account deletion does not automatically delete all information if retention is required or permitted by law, legitimate business purposes, fraud prevention, dispute resolution, security, backups, or our Privacy Policy. Account deletion also does not cancel a subscription purchased through an App Provider.

5. The Service; Changes; Availability

Same provides tools for logging food, estimating calories and nutrients, tracking wellness goals, viewing trends, and related general wellness functions. The Service may include manual entry, photo-based food recognition, barcode scanning, databases, third-party integrations, automated analysis, AI-generated Output, reminders, notifications, and other features.

We may change, suspend, remove, limit, replace, discontinue, or update any part of the Service at any time, including features, content, databases, prices, subscription plans, integrations, or technical requirements. We do not guarantee that any feature will always be available, accurate, uninterrupted, compatible, or supported.

We may provide updates, patches, bug fixes, modifications, or upgrades. Some parts of the Service may not work properly if you do not install updates. We are not obligated to provide any particular update or continue supporting any version of the Service.

The Service may be unavailable due to maintenance, upgrades, internet or device issues, third-party outages, security events, force majeure events, or other reasons. We are not liable for any unavailability, loss of data, degraded performance, or interruption except to the extent liability cannot be excluded under applicable law.

6. Limited License to You

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and Company Content solely for your own personal, non-commercial wellness purposes.

This license does not allow you to:

  1. copy, modify, translate, adapt, distribute, sell, lease, sublicense, or create derivative works from the Service or Company Content;
  2. reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, models, architecture, prompts, weights, or non-public information from the Service, except where applicable law prohibits this restriction;
  3. scrape, harvest, index, crawl, mine, bulk download, or extract data from the Service;
  4. use the Service to build, train, improve, benchmark, or validate a competing product, model, dataset, or service;
  5. remove copyright, trademark, proprietary, or legal notices;
  6. bypass, disable, or interfere with security or access controls; or
  7. use the Service in any way not expressly permitted by these Terms.

All rights not expressly granted are reserved by Same and its licensors.

7. Ownership; Company Content; Feedback

The Service and Company Content are owned by Same, its licensors, or other providers and are protected by copyright, trademark, trade secret, patent, and other laws. You do not acquire any ownership interest in the Service or Company Content by using the Service.

The Same name, logos, product names, designs, and branding are trademarks or trade dress of Same or its licensors. You may not use them without our prior written permission.

If the Service includes open-source or third-party software, that software may be subject to separate license terms. Those terms apply to the relevant software to the extent required by the applicable license.

If you submit ideas, comments, bug reports, suggestions, feature requests, or other feedback (“Feedback”), you grant Same a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable license to use, copy, modify, distribute, commercialize, and otherwise exploit the Feedback for any purpose without compensation, attribution, or restriction.

8. User Content

You retain ownership of your User Content, subject to the license below.

By submitting, uploading, entering, syncing, or otherwise making User Content available through the Service, you grant Same and its service providers a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, cache, upload, download, copy, reproduce, process, analyze, scan, modify, adapt, format, display, transmit, use, and create derivative works from your User Content as reasonably necessary to:

  1. provide, operate, maintain, secure, and support the Service;
  2. generate Output and provide features you request;
  3. personalize your experience;
  4. troubleshoot, debug, and improve performance;
  5. detect, prevent, and investigate fraud, abuse, security incidents, unlawful activity, and Terms violations;
  6. develop, test, train, improve, and evaluate features, models, systems, algorithms, and services, subject to our Privacy Policy and applicable law;
  7. comply with law, legal process, and enforce these Terms; and
  8. create aggregated, de-identified, or anonymized data that does not identify you, which we may use for any lawful purpose.

This license continues for as long as needed for the purposes above. If you delete User Content or your Account, the license ends for future use of deleted content except where retention or use is permitted or required by law, our Privacy Policy, backup systems, security, fraud prevention, dispute resolution, enforcement, service operations, or where the content has been aggregated, de-identified, anonymized, or incorporated into systems in a way that no longer identifies you.

You represent and warrant that:

  1. you own your User Content or have all rights and permissions needed to submit it and grant the license above;
  2. your User Content is accurate to the best of your knowledge where accuracy is relevant;
  3. your User Content does not violate any law, contract, privacy right, publicity right, intellectual-property right, or other third-party right;
  4. you will not upload images, personal information, health information, or other content about another person unless you have all required rights, notices, consents, and legal authority; and
  5. you will not upload unlawful, harmful, deceptive, abusive, obscene, exploitative, infringing, malicious, or otherwise prohibited content.

We may review, remove, restrict, disable, delete, preserve, or disclose User Content if we believe it violates these Terms, may create risk or liability, is required by law, is needed to protect the Service or others, or is otherwise permitted by our Privacy Policy. We are not obligated to monitor User Content.

9. Health, Nutrition, Calorie, Allergy, and Safety Terms

Same is not a doctor, dietitian, nutritionist, therapist, clinic, healthcare provider, medical device, disease-management tool, prescription tool, or emergency service. The Service is not intended to diagnose, treat, cure, mitigate, monitor, or prevent any disease, disorder, condition, injury, or health problem.

The Service is for general wellness and informational purposes only. It is not a substitute for professional medical advice, diagnosis, treatment, therapy, nutrition counseling, emergency care, medical nutrition therapy, or clinician-supervised care. No doctor-patient, therapist-patient, dietitian-client, fiduciary, or other professional relationship is created by your use of the Service or communications with Same.

9.1 No Medical Use; Medical-Condition Restriction

Same is not designed, validated, tested, intended, authorized, or safe for people who need food, calorie, macronutrient, carbohydrate, fasting, weight, hydration, exercise, or nutrition information for medical, clinical, therapeutic, medication, or safety reasons.

Do not use the Service as a source of truth, decision-making tool, dosing tool, monitoring tool, treatment tool, or safety tool for any medical condition or health risk. This includes, without limitation, diabetes, prediabetes, hypoglycemia, hyperglycemia, insulin resistance, kidney disease, liver disease, heart disease, high blood pressure, gastrointestinal disease, metabolic disorders, hormonal disorders, pregnancy, postpartum recovery, eating disorders, disordered eating, food allergies, food intolerances, medication-related dietary restrictions, and any clinician-prescribed diet.

If you have, suspect you have, or are at risk for any medical condition that may be affected by diet, calories, nutrients, carbohydrates, fasting, exercise, weight change, hydration, or eating patterns, you must not use Same for medical management. You may use Same only for non-medical general wellness purposes and only if a qualified healthcare professional has determined that such use is appropriate for you. You remain solely responsible for following professional medical advice. If a qualified healthcare professional tells you not to track calories, nutrients, weight, fasting, meals, or related information, you must not use Same.

9.2 Specific Diabetes, Blood Glucose, and Medication Warning

Same must not be used to calculate, estimate, adjust, confirm, or guide insulin dosing, medication dosing, carbohydrate treatment, blood-glucose response, hypoglycemia prevention, hyperglycemia prevention, diabetic meal planning, or any other diabetes-related or medication-related decision. Same does not verify carbohydrate counts, glycemic impact, net carbs, added sugars, serving sizes, ingredients, or timing with the accuracy needed for diabetes care or medication decisions.

If you use insulin, glucose-lowering medication, appetite-affecting medication, weight-loss medication, blood-pressure medication, kidney-related medication, or any medication affected by food, hydration, fasting, or weight change, do not rely on the Service. Follow your clinician’s instructions and the official labeling for your medication.

9.3 Consult Professionals; Emergencies

You should consult a licensed medical professional before using the Service or relying on any Output if you:

  1. have any medical condition;
  2. are pregnant, nursing, trying to become pregnant, or postpartum;
  3. have diabetes, cardiovascular disease, kidney disease, liver disease, gastrointestinal disease, hormonal conditions, metabolic disorders, food allergies, food intolerances, eating disorders, disordered eating, or a history of any of these;
  4. take prescription medication or follow a therapeutic diet;
  5. plan to begin a diet, fast, supplement, exercise program, weight-loss program, or weight-gain program;
  6. experience dizziness, fainting, chest pain, shortness of breath, severe fatigue, rapid weight change, menstrual disruption, digestive distress, mental-health symptoms, or other concerning symptoms; or
  7. have any question about whether the Service is safe or appropriate for you.

If you receive medical advice that conflicts with the Service, follow the advice of your licensed medical professional. Never disregard, avoid, or delay medical advice because of anything in the Service. If you think you may have a medical emergency, call emergency services immediately.

9.4 Calorie and Nutrition Estimates Are Not Guaranteed

Food identification, portion estimation, calorie counts, macronutrients, micronutrients, carbohydrates, net carbohydrates, sugars, sodium, fiber, cholesterol, ingredient lists, meal scores, barcode data, database entries, and related Output may be wrong, incomplete, outdated, mislabeled, or inappropriate. Causes include image quality, lighting, hidden ingredients, recipe variations, serving size ambiguity, restaurant differences, user edits, third-party data errors, packaging changes, AI limitations, and database limitations.

You are solely responsible for reviewing and verifying food entries, ingredients, portion sizes, nutrition labels, restaurant information, and any Output before relying on them. Same does not guarantee weight loss, weight gain, body composition changes, health outcomes, fitness outcomes, disease outcomes, or any specific result.

9.5 Allergens, Food Safety, and Medication Interactions

Same does not guarantee detection of allergens, contaminants, unsafe foods, spoiled foods, hidden ingredients, cross-contamination, medication interactions, contraindications, or other food-safety risks. You are solely responsible for knowing your allergies, intolerances, medical restrictions, religious or ethical dietary restrictions, and medication-related food restrictions, and for verifying all foods before handling, preparing, or consuming them.

Do not rely on the Service to determine whether a food is safe for you.

9.6 Eating Disorders and Dangerous Use

The Service must not be used to encourage, promote, facilitate, conceal, or normalize eating disorders, self-harm, starvation, purging, extreme restriction, dangerous weight loss, or other unsafe conduct. We may restrict or terminate access if we believe the Service is being used in a dangerous, abusive, or unlawful manner.

If calorie tracking, weight tracking, fasting, body measurement, or nutrition monitoring may worsen your physical or mental health, do not use the Service unless a qualified healthcare professional has advised you that it is appropriate for you.

9.7 User Responsibility; Assumption of Risk; Non-Reliance

You are solely responsible for deciding whether the Service is appropriate for you and for all actions or omissions you take based on the Service, User Content, Company Content, or Output. You acknowledge that nutrition tracking, calorie tracking, weight tracking, fasting, meal planning, food identification, portion estimation, and related wellness activities involve risks, including risks from inaccurate data, hidden ingredients, user error, over-restriction, overconsumption, allergic reaction, medication interaction, blood-glucose changes, dehydration, electrolyte imbalance, disordered eating, and delayed medical care.

To the maximum extent permitted by law, you knowingly and voluntarily assume all risks arising from your use of the Service, including risks that are known, unknown, foreseeable, and unforeseeable. You agree that you will independently verify all food, ingredient, portion, calorie, carbohydrate, macronutrient, allergen, medication, and health-related information before relying on it. You agree that you will not treat Same as a source of truth for any health, safety, medical, allergy, medication, diabetes, or emergency decision.

Same has no duty to monitor your health, review your food logs, identify unsafe behavior, detect medical conditions, detect eating disorders, contact emergency services, notify caregivers, or intervene if your use appears risky, harmful, inaccurate, medically inappropriate, or inconsistent with professional medical advice.

9.8 Restricted Medical Use Is Unauthorized

Any Restricted Medical Use is outside the scope of the license granted to you and is expressly unauthorized. Same does not invite, permit, approve, recommend, or assume responsibility for Restricted Medical Use. If you need medical, clinical, therapeutic, diabetes-related, blood-glucose-related, insulin-related, medication-related, allergy-related, pregnancy-related, eating-disorder-related, or emergency guidance, you must not use Same for that purpose and must consult a qualified professional or emergency service.

Each time you access or use the Service, you represent, warrant, and agree that:

  1. you are using Same only for non-medical, personal wellness purposes;
  2. you will not rely on Same for any Restricted Medical Use;
  3. you will not use Same in any situation where inaccurate, incomplete, delayed, or unsuitable information could reasonably cause injury, health consequences, medication error, allergic reaction, dangerous weight change, relapse, property damage, financial loss, legal consequences, or other harm;
  4. you will independently verify any food, ingredient, nutrition, calorie, macro, serving-size, barcode, label, restaurant, recipe, reminder, trend, goal, or Output before relying on it;
  5. you will consult a licensed healthcare professional before making any health, diet, exercise, weight, fasting, medication, supplement, pregnancy, allergy, or treatment decision; and
  6. you will stop using the Service and seek appropriate professional help if use of the Service may worsen your physical health, mental health, relationship with food, or medical condition.

You acknowledge that using the Service contrary to this Section 9 is misuse of the Service, outside the intended purpose of the Service, outside the license granted to you, and at your sole risk, except to the extent liability cannot be excluded under applicable law.

9.9 Required Safety Acknowledgements

We may require you to accept, confirm, or proceed past health, safety, subscription, or other acknowledgements before using the Service or certain features. A required acknowledgement may be presented through a button, account-creation step, paywall, onboarding screen, or a screen with a Continue, Get Started, Accept, Agree, or similar button. You must answer all prompts honestly and accurately. False, incomplete, or misleading acknowledgements are a material breach of these Terms.

The following acknowledgement is an express part of these Terms and applies each time you access or use the Service:

Same is a general wellness calorie-tracking app only. Same is not medical advice, not a medical device, and not for diabetes, blood glucose, insulin dosing, medication decisions, allergies, pregnancy, eating disorders, therapeutic diets, emergencies, or any medical condition. Calorie, nutrition, ingredient, allergen, and food-recognition information may be wrong. I will not rely on Same for medical, safety, allergy, medication, or emergency decisions, and I will consult a licensed healthcare professional for health or medical guidance.

By tapping or clicking Continue, Get Started, Accept, Agree, or any similar button after this acknowledgement is displayed or made available, or by continuing to use the Service after receiving notice of it, you confirm that you understand and accept the acknowledgement. If you do not understand or accept it, you must stop using the Service.

You agree that Same provides the Service and sets any prices in reliance on the disclaimers, user responsibilities, Restricted Medical Use prohibition, assumption of risk, non-reliance terms, health and safety acknowledgement, limitation of liability, arbitration agreement, class action waiver, and other risk-allocation terms in these Terms, and that these provisions are an essential basis of the agreement between you and Same.

10. AI and Automated Features

The Service may use artificial intelligence, machine learning, computer vision, language models, algorithms, automated decision systems, third-party models, and similar technologies. Output may be inaccurate, incomplete, misleading, biased, inconsistent, offensive, or unsafe. Similar inputs may produce different results.

You agree that:

  1. Output is informational only and is not professional advice;
  2. Output is not reviewed by a healthcare professional unless we expressly state otherwise in a separate written agreement;
  3. you are responsible for independently reviewing and verifying Output before using it;
  4. you will not rely on Output for medical, emergency, legal, financial, safety-critical, high-risk, or Restricted Medical Use decisions;
  5. Same is not liable for your reliance on Output except to the extent liability cannot be excluded under applicable law;
  6. Output may be generated using third-party systems that are outside our control; and
  7. Same may use your interactions, User Content, and Output as described in Section 8 and the Privacy Policy.

You may not use the Service or Output to develop, train, improve, benchmark, validate, or compete with any AI system, nutrition database, food-recognition tool, calorie-tracking service, or similar product without our prior written permission.

11. Paid Services; Subscriptions; Trials; Billing; Cancellation

Some features may require payment. Paid Services may be offered directly by Same or through an App Provider. Additional terms displayed at checkout or by an App Provider also apply.

11.1 Subscription Terms

Before you purchase a subscription, the applicable checkout screen or purchase flow will disclose the material terms of the offer, which may include price, billing period, renewal period, trial period, promotional price, renewal price, cancellation deadline, and cancellation method.

By purchasing a subscription, you authorize Same, the App Provider, and their payment processors to charge your selected payment method for all applicable fees, taxes, and charges on a recurring basis until you cancel or the subscription is otherwise terminated.

Unless otherwise stated at checkout, subscriptions automatically renew at the end of each billing period until canceled. You must cancel before the end of the then-current billing period, or any earlier deadline shown at checkout or required by the App Provider, to avoid renewal charges.

11.2 App Provider Purchases

If you purchase through Apple, Google, or another App Provider, that App Provider processes your payment and may control renewals, cancellations, refunds, price-change notices, receipts, billing support, and subscription management. Your purchase is also subject to the App Provider’s terms and policies.

For Apple subscriptions, manage or cancel through your Apple account subscription settings.
For Google Play subscriptions, manage or cancel through your Google Play subscriptions settings.

Deleting the Service, deleting your Account, logging out, disabling notifications, or stopping use of the Service does not cancel a subscription purchased through an App Provider.

11.3 Direct Purchases

If Same offers direct purchases, you agree to provide accurate billing information and authorize us and our payment processors to store and charge your payment method. We may suspend or terminate Paid Services if payment fails, a chargeback occurs, or billing information is inaccurate.

11.4 Free Trials and Promotions

We may offer free trials, discounted periods, coupons, promotional codes, or limited-time offers. Unless otherwise stated, only one trial or promotion is available per person, Account, payment method, or device.

If a trial or discounted offer converts to a paid subscription, the price and timing of conversion will be disclosed before you accept the offer. Unless you cancel before the trial or promotional period ends, you will be charged the applicable subscription fee when the trial or promotional period ends.

Promotional codes have no cash value, may expire, may be limited, may not be transferable, and may be revoked or modified to the maximum extent permitted by law.

11.5 Price Changes and Plan Changes

We may change prices, features, plans, or billing terms. If required by law or App Provider rules, we or the App Provider will provide notice and obtain consent before a price change takes effect. If you do not agree to a price change, you must cancel before the change takes effect.

11.6 Refunds

Except where required by law or App Provider policy, payments are non-refundable and there are no refunds or credits for partially used periods, unused features, accidental purchases, forgotten cancellations, device issues, or dissatisfaction.

If you purchased through an App Provider, refund requests must be submitted to that App Provider unless the App Provider instructs otherwise. We do not control App Provider refund decisions.

11.7 Taxes

Fees may not include taxes. You are responsible for applicable taxes, duties, and governmental charges, except taxes based on Same’s income.

11.8 Automatic Renewal Compliance

We intend to comply with applicable automatic-renewal, negative-option, free-trial, promotional-pricing, cancellation, notice, and consent laws. Nothing in these Terms limits any non-waivable right you may have under those laws. You agree that we may send subscription-related notices by email, in-app message, push notification, App Provider notice, or other lawful method.

12. Acceptable Use; Prohibited Conduct

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  1. violate any law, regulation, contract, third-party right, or App Provider rule;
  2. use the Service for any Restricted Medical Use, including medical diagnosis, treatment, emergency care, disease monitoring, therapeutic nutrition, medication decisions, insulin dosing, blood-glucose management, pregnancy nutrition management, eating-disorder management, allergy or food-safety determinations, or regulated clinical decision-making;
  3. use the Service for commercial, professional, clinical, research, competitive, or institutional purposes without our written permission;
  4. submit false, misleading, unlawful, harmful, abusive, harassing, defamatory, obscene, sexually explicit, violent, exploitative, infringing, or otherwise objectionable content;
  5. upload content that includes another person’s image, personal information, health information, or private information without all required rights and consents;
  6. upload malware, viruses, worms, logic bombs, spyware, ransomware, adware, or harmful code;
  7. interfere with, disrupt, overload, damage, or compromise the Service or related systems;
  8. bypass, disable, evade, or circumvent access controls, security measures, rate limits, paywalls, or usage restrictions;
  9. probe, scan, test, or exploit vulnerabilities without written authorization;
  10. access or use another person’s Account or attempt unauthorized access;
  11. impersonate any person or entity or misrepresent affiliation;
  12. scrape, crawl, harvest, mine, copy, cache, index, monitor, or extract data or content by automated means;
  13. use bots, scripts, emulators, automation, or bulk account creation;
  14. sell, rent, lease, sublicense, lend, distribute, or otherwise transfer access to the Service;
  15. use the Service to train, improve, evaluate, or develop competing systems, databases, apps, or AI models;
  16. remove, obscure, or alter legal notices;
  17. encourage dangerous calorie restriction, eating disorders, self-harm, or unsafe health practices;
  18. use the Service to stalk, profile, surveil, identify, or make decisions about another person without lawful authority; or
  19. assist, encourage, or enable anyone else to do any of the above.

We may investigate suspected violations and cooperate with law enforcement, regulators, App Providers, payment processors, or other third parties where appropriate.

13. Third-Party Services and Integrations

The Service may link to, rely on, display, or integrate with third-party websites, apps, devices, APIs, databases, models, payment processors, analytics tools, cloud providers, barcode databases, restaurant databases, wearable devices, Apple Health, Google Fit, or other third-party products and services (“Third-Party Services”).

Third-Party Services are governed by their own terms and privacy policies. Same does not control and is not responsible for Third-Party Services, including their content, accuracy, availability, security, privacy practices, fees, policies, or conduct.

If you connect a Third-Party Service, you authorize Same to exchange information with that Third-Party Service as described in the Service and Privacy Policy. You are responsible for confirming that any Third-Party Service is appropriate for your use and for disconnecting integrations you no longer want.

14. App Store and Mobile Device Terms

You are responsible for obtaining and maintaining a compatible device, internet access, software, and carrier service. Carrier data, messaging, roaming, and other charges may apply.

If you downloaded the Service from an App Provider, your use of the Service must comply with that App Provider’s terms, policies, and usage rules. These Terms are between you and Same, not between you and any App Provider, except where the App Provider is expressly made a third-party beneficiary.

15. Apple App Store Additional Terms

If you download or use the Service on an Apple-branded product or through the Apple App Store, the following additional terms apply:

  1. These Terms are between you and Same, not Apple.
  2. Same, not Apple, is solely responsible for the Service and its content.
  3. Your license to use the Service is limited to a non-transferable license to use the Service on Apple-branded products that you own or control and as permitted by Apple’s usage rules, except that the Service may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing to the extent Apple permits.
  4. Apple has no obligation to provide maintenance or support for the Service.
  5. To the extent any warranty is not effectively disclaimed, Same is solely responsible for it. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the Service. To the maximum extent permitted by law, Apple has no other warranty obligation for the Service.
  6. Same, not Apple, is responsible for addressing claims relating to the Service or your possession or use of the Service, including product liability claims, legal or regulatory claims, consumer-protection claims, privacy claims, and similar claims.
  7. Same, not Apple, is responsible for investigating, defending, settling, and discharging any third-party intellectual-property infringement claim relating to the Service or your possession and use of the Service.
  8. You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a terrorist-supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
  9. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as third-party beneficiaries.

16. Privacy; Health Data; Communications

Our collection, use, disclosure, retention, and protection of personal information is described in our Privacy Policy. The Service may involve information that is sensitive, including health, wellness, nutrition, body, weight, activity, device, photo, and location-related information. Do not submit information unless you want it processed as described in these Terms and the Privacy Policy.

Same is not intended to be used by healthcare providers, health plans, healthcare clearinghouses, or their business associates to create, receive, maintain, or transmit protected health information under HIPAA unless we separately agree in writing. Do not upload medical records, clinical records, insurance records, or another person’s health information unless you have all necessary rights and legal authority.

You agree that we may send you service-related communications, including legal notices, security notices, account notices, subscription notices, receipts, updates, and support messages. These transactional communications are part of the Service and may not be fully opt-outable while you maintain an Account.

If you opt in to marketing emails, push notifications, or other promotional communications, you may opt out using available unsubscribe or device settings. Opting out of marketing does not affect transactional communications.

Nothing in these Terms limits privacy rights that cannot be waived under applicable law.

17. Copyright and Intellectual Property Complaints

We respect intellectual-property rights. If you believe content available through the Service infringes your copyright, you may submit a copyright complaint by email to Same’s copyright contact.

Copyright Contact: Same Support
Email: sameappsupport@gmail.com
Subject Line: DMCA Notice

If Same designates or updates a DMCA agent with the U.S. Copyright Office, Same may post the applicable designated-agent information in the Service or on Same’s website. Email is the primary contact method for copyright complaints unless Same later publishes additional contact methods.

Your notice should include:

  1. identification of the copyrighted work you claim has been infringed;
  2. identification of the material you claim is infringing and enough information for us to locate it;
  3. your name, email address, telephone number if available, and enough information for us to contact you about the notice;
  4. a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
  5. 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 for the copyright owner; and
  6. your physical or electronic signature.

We may forward your notice to the user who submitted the material or other parties. You may be liable for damages if you knowingly materially misrepresent that material is infringing.

We may terminate Accounts of repeat infringers where appropriate.

18. Suspension and Termination

You may stop using the Service at any time. We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without notice, if:

  1. you violate these Terms;
  2. we believe your use creates risk, harm, liability, security concerns, or legal exposure;
  3. required by law, App Provider rules, payment processors, or third-party providers;
  4. your payment fails or is charged back;
  5. your Account is inactive for an extended period;
  6. we discontinue the Service or any part of it; or
  7. we believe suspension or termination is necessary to protect Same, users, third parties, or the Service.

Upon termination, your right to use the Service immediately ends. Termination does not relieve you of payment obligations incurred before termination and does not entitle you to a refund except where required by law or App Provider policy.

Sections that by their nature should survive termination will survive, including Sections 6 through 24 and 26 through 27.

19. Disclaimers; No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, COMPANY CONTENT, OUTPUT, PAID SERVICES, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAME AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND DISTRIBUTION PARTNERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AVAILABILITY, SECURITY, RELIABILITY, AND COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the above, Same does not warrant that:

  1. the Service will meet your needs or expectations;
  2. the Service will be uninterrupted, timely, secure, error-free, or available;
  3. defects or errors will be corrected;
  4. the Service will be compatible with your device or third-party services;
  5. food identification, nutrition information, calorie counts, labels, databases, or Output will be accurate, complete, current, safe, or suitable;
  6. the Service or Output will be safe or appropriate for users with medical conditions, medication use, allergies, pregnancy-related needs, eating-disorder history, therapeutic diets, or other high-risk circumstances;
  7. any health, weight, nutrition, fitness, or wellness result will occur;
  8. the Service will be free of viruses, malware, or harmful components;
  9. User Content will not be lost, corrupted, accessed, or deleted; or
  10. any third-party service, content, integration, or provider will remain available or accurate.

You use the Service at your own risk. You are solely responsible for verifying information before relying on it and for backing up User Content where appropriate.

Some jurisdictions do not allow certain disclaimers. In those jurisdictions, disclaimers apply only to the maximum extent permitted by law.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAME AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, APP PROVIDERS, AND DISTRIBUTION PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOSS OF GOODWILL; LOSS OF DATA; LOSS OF USE; BUSINESS INTERRUPTION; DEVICE DAMAGE; PERSONAL INJURY; EMOTIONAL DISTRESS; HEALTH OUTCOME; FOOD SAFETY ISSUE; ALLERGIC REACTION; OR DAMAGES ARISING FROM OR RELATED TO:

  1. your access to, use of, inability to use, or reliance on the Service;
  2. inaccurate, incomplete, unavailable, or misleading Company Content, User Content, Third-Party Services, or Output;
  3. health, nutrition, calorie, exercise, weight, allergy, food, or wellness decisions;
  4. any Restricted Medical Use or other use outside the intended general-wellness purpose of the Service;
  5. unauthorized access, security incidents, or data loss;
  6. conduct or content of users or third parties;
  7. subscription charges, renewal charges, cancellation failures, or App Provider actions; or
  8. any other matter relating to the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAME’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO SAME OR THROUGH AN APP PROVIDER FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

These limitations apply to all claims, whether based on warranty, contract, statute, tort, negligence, strict liability, or any other legal theory, whether or not Same was advised of the possibility of damages, and even if a limited remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability to the extent it cannot be excluded or limited under applicable law. In jurisdictions that do not allow certain limitations, our liability will be limited to the maximum extent permitted by law.

21. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Same and its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, App Providers, and distribution partners from and against all claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  1. your access to or use of the Service;
  2. your User Content;
  3. your Output or reliance on Output;
  4. your Restricted Medical Use or other misuse of the Service;
  5. your violation of these Terms;
  6. your violation of law or third-party rights;
  7. your health, nutrition, food, allergy, exercise, or wellness decisions;
  8. your use of Third-Party Services; or
  9. your fraud, negligence, willful misconduct, or misuse of the Service.

We may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense. You may not settle any matter without our prior written consent if the settlement imposes any obligation, admission, or liability on Same.

22. Release for Third-Party and User Conduct

To the maximum extent permitted by law, you release Same and its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, App Providers, and distribution partners from claims, demands, damages, losses, liabilities, and expenses arising out of or relating to:

  1. disputes between you and any third party;
  2. Third-Party Services;
  3. App Provider billing, cancellation, refund, or account decisions;
  4. User Content submitted by other users; or
  5. third-party products, foods, restaurants, recipes, labels, databases, recommendations, advertisements, or offers.

If you are a California resident, you waive California Civil Code section 1542 to the extent permitted by law for the released claims above. Section 1542 provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

This release does not waive claims that cannot be waived under applicable law.

23. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It requires most disputes to be resolved by binding individual arbitration instead of in court. It also includes a class action waiver and jury trial waiver.

23.1 Informal Dispute Resolution Required

Before either party starts arbitration or court proceedings, the party asserting a dispute must first send a written notice describing the dispute and requested relief (“Notice of Dispute”). You must send notices by email to:

Same Legal Department
sameappsupport@gmail.com
Subject Line: Notice of Dispute

We may send notices to the email address or other electronic contact information associated with your Account. A Notice of Dispute sent by email is deemed sent when transmitted, unless the sender receives an automated message showing that the email was not delivered.

After a Notice of Dispute is sent, the parties will attempt in good faith to resolve the dispute informally for at least sixty (60) days. This informal process is a condition precedent to arbitration or litigation, except for claims seeking emergency injunctive relief, intellectual-property enforcement, or claims that may be brought in small claims court.

Any applicable statute of limitations and filing-fee deadline will be tolled during the informal dispute-resolution period to the extent permitted by law.

23.2 Arbitration Agreement

Except for the exceptions in Section 23.3, you and Same agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, Company Content, User Content, Output, subscriptions, billing, advertising, privacy, data security, or any relationship or transaction between you and Same (“Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules, as modified by these Terms.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitrator may award any remedy available in an individual court action, including damages, declaratory relief, injunctive relief, attorneys’ fees, and public injunctive relief to the extent such relief is available and cannot be waived under applicable law.

Unless the parties agree otherwise, arbitration may be conducted by video conference, telephone, documents-only submission, or in the county where you reside. The arbitrator will issue a reasoned written decision.

23.3 Exceptions

Either party may bring the following claims in court without first completing arbitration:

  1. claims that qualify for small claims court;
  2. claims seeking emergency or provisional injunctive relief to prevent actual or threatened misuse, infringement, or misappropriation of intellectual property, confidential information, accounts, security systems, or the Service;
  3. claims that applicable law does not allow to be arbitrated; and
  4. claims for public injunctive relief to the extent a court determines such claims cannot be arbitrated or waived under applicable law.

If a court determines that a claim for public injunctive relief cannot be arbitrated, that claim will be severed and litigated in court, and the court may stay that claim pending completion of arbitration of arbitrable claims.

23.4 Class Action and Representative Action Waiver

YOU AND SAME AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR SAME MAY BRING, JOIN, MAINTAIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR MASS ACTION IN COURT OR ARBITRATION, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW.

The arbitrator may not preside over any class, collective, consolidated, representative, private attorney general, or mass proceeding, except as expressly required by applicable law. The arbitrator may not combine more than one person’s claims and may not award relief for or against anyone who is not a party to the arbitration, except to the extent such relief is legally available in an individual action.

If this class action waiver is found unenforceable as to a particular claim, then that claim must proceed in court and not in arbitration, unless the parties agree otherwise.

23.5 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SAME WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE.

23.6 Mass Filings

If twenty-five (25) or more similar arbitration demands are asserted against Same by or with assistance of the same or coordinated counsel or organizations, the disputes will be treated as a mass filing to the extent permitted by AAA rules. The AAA Mass Arbitration Supplementary Rules and applicable fee schedules will apply.

To promote efficient resolution, the parties agree that the AAA may appoint a process arbitrator to address administrative issues, including compliance with pre-arbitration requirements, filing requirements, batching, bellwether procedures, fees, and scheduling. Unless the AAA or a court determines otherwise, no merits arbitration may proceed until the process arbitrator resolves threshold administrative issues.

The parties will cooperate in good faith to use staged proceedings, bellwether arbitrations, mediation, or other procedures designed to reduce costs and promote fair resolution of mass filings.

23.7 Arbitration Opt-Out

You may opt out of this arbitration agreement by sending written notice within thirty (30) days after you first accept these Terms. Your opt-out notice must include your full name, Account email address, and a clear statement that you opt out of arbitration with Same.

Send the opt-out notice by email to:

sameappsupport@gmail.com
Subject Line: Arbitration Opt-Out

Opting out of arbitration does not opt you out of any other part of these Terms, including the class action waiver and jury trial waiver to the extent enforceable.

23.8 One-Year Limitations Period

To the maximum extent permitted by law, any Dispute must be filed within one (1) year after the claim accrues. Otherwise, the Dispute is permanently barred. This limitation does not apply where prohibited by law.

23.9 Severability of Dispute Terms

If any part of this Section 23 is found invalid or unenforceable, the remaining parts will remain in effect to the maximum extent permitted by law. If the arbitration agreement cannot be enforced as to a claim, that claim will proceed in the courts identified in Section 24, subject to the class action waiver and jury trial waiver to the maximum extent permitted by law.

24. Governing Law; Venue

These Terms and any Dispute are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 23.

For any Dispute that is not subject to arbitration and is not eligible for small claims court, you and Same consent to the exclusive jurisdiction and venue of the state and federal courts located in California that have jurisdiction over the Dispute, unless applicable law requires a different forum.

Nothing in this section limits either party’s right to seek enforcement of an arbitration award or injunctive relief in any court of competent jurisdiction.

25. International Use; Export Controls

The Service is controlled and operated from the United States. We do not represent that the Service is appropriate, available, or lawful in any particular jurisdiction. You are responsible for complying with local laws.

You may not use, export, re-export, import, or transfer the Service except as authorized by U.S. law and the laws of the jurisdiction where you use the Service. You represent and warrant that you are not located in a country subject to U.S. embargo or sanctions and are not on any U.S. government restricted-party list.

If you access the Service from outside the United States, you consent to the transfer, processing, and storage of information in the United States and other jurisdictions as described in our Privacy Policy.

26. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by reasonable means, such as in-app notice, email, posting an updated version, or App Provider notice. The updated Terms will be effective on the date stated in the updated Terms unless a different date is provided.

Your continued use of the Service after updated Terms become effective means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel any subscription.

27. Miscellaneous

27.1 Entire Agreement

These Terms, the Privacy Policy, and any additional terms presented in the Service or at checkout are the entire agreement between you and Same regarding the Service and supersede all prior or contemporaneous agreements regarding the Service.

27.2 Severability

Except as provided in Section 23, if any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

27.3 No Waiver

Our failure to enforce any provision is not a waiver of that provision or any other provision. Any waiver must be in writing and signed by the party granting the waiver.

27.4 Assignment

You may not assign or transfer these Terms, your Account, or your rights or obligations without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate transaction, or by operation of law.

27.5 No Third-Party Beneficiaries

Except for App Providers as expressly stated in these Terms, these Terms do not create any third-party beneficiary rights.

27.6 Relationship of the Parties

You and Same are independent contractors. These Terms do not create a partnership, joint venture, employment, agency, fiduciary, franchise, or professional relationship.

27.7 Force Majeure

We are not liable for delay or failure to perform due to events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, internet or utility failures, third-party outages, cyberattacks, governmental actions, epidemics, pandemics, supply-chain failures, or App Provider actions.

27.8 Notices

We may provide notices by email, in-app message, push notification, posting in the Service, App Provider notice, or other lawful electronic means. Notices are deemed received when sent or posted, unless applicable law requires otherwise. You are responsible for keeping your contact information current.

27.9 Interpretation

Headings are for convenience only. The words “including” and “includes” mean “including without limitation.” The English version of these Terms controls over any translation.

28. Contact Us

Questions, notices, complaints, and support requests may be directed to:

Same
Support Email: sameappsupport@gmail.com
Legal Notices: sameappsupport@gmail.com
Subject Line: Terms of Service

Appendix A: First-Screen Acceptance Copy

Same may use substantially the following first-screen acceptance copy in the Service:

Screen health notice:

Same is a general wellness calorie-tracking app only. Same is not medical advice, not a medical device, and not for diabetes, blood glucose, insulin dosing, medication decisions, allergies, pregnancy, eating disorders, therapeutic diets, emergencies, or any medical condition. Calorie, nutrition, ingredient, allergen, and food-recognition information may be wrong. I will not rely on Same for medical, safety, allergy, medication, or emergency decisions, and I will consult a licensed healthcare professional for health or medical guidance.

Button: Continue

Acceptance text under or immediately near the button:

By continuing, you agree to our Terms of Service and Privacy Policy.

For the avoidance of doubt, tapping or clicking Continue after this notice is intended to constitute acceptance of these Terms and the Privacy Policy to the maximum extent permitted by law.