1. Interpretation and Definitions
Capitalized terms have the meanings given in this section. The definitions apply whether the terms appear in the singular or the plural.
- Application means the mobile application titled “Omu”, including all related features, tools, content and updates.
- Company, we, us or our means Aleksandr Lider, an individual developer based in Spain, who publishes the Application under the name Omu.
- Device means any device capable of accessing the Service.
- Service means, collectively, the Application, the Website, associated software, content, AI-powered tools and any services offered by the Company.
- Subscription means the auto-renewable paid plan, currently named “Omu Unlimited”, that removes the usage limits of the free tier.
- User Content means any images, photographs, audio, text, food and weight logs, recipes, messages or other content uploaded, submitted or transmitted by you through the Service.
- Website means omu.fit and any associated subdomains.
- You means the individual using the Service.
2. Agreement to Terms
Your access to and use of the Service is conditioned upon your acceptance of these Terms and of the Omu Privacy Policy. By creating an account, accessing or using the Service, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree, you must not use the Service.
3. Eligibility; Age Requirements
You represent and warrant that you are at least 16 years old.
If you are between 16 and 17 years old, you may only use the Service with the consent and supervision of a parent or legal guardian, who agrees to be responsible for all activity conducted through your account.
You further represent that you are not located in a country subject to a United States government embargo or designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties.
4. Health, Nutrition and Safety Disclaimers
Omu does not provide medical advice, nutritional counseling or professional health services. All calorie estimates, nutritional insights and food identifications are automated approximations produced by artificial intelligence and may be incomplete or inaccurate.
- Calorie and nutrition estimates are approximations only. They depend on how you describe a meal, how a photo was taken, portion sizes, ingredients, brands and preparation methods.
- The Service is not intended to diagnose, treat, cure or prevent any disease.
- The Service does not detect allergens and cannot tell you whether food is safe for you to eat.
- Do not rely on the Service where accuracy matters for your health, for example when counting carbohydrates to dose insulin or managing a medically prescribed diet.
- You should consult licensed professionals before starting a diet, changing your calorie or macronutrient targets, or beginning a weight loss program. This is especially important if you are pregnant or breastfeeding, under 18, have diabetes, an eating disorder or a history of one, or any other medical condition.
- The Service is not designed for the treatment of eating disorders. Stop using it and seek help if tracking food is harming your relationship with eating.
- The Company is not liable for inaccuracies in calorie counts, nutrition values or food identification. You alone decide what to eat and you use the Service at your own risk.
5. User Content; License Grant
By submitting User Content, you represent that you own it or have the rights to share it. You keep ownership of your User Content.
You grant the Company a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, analyze, process, modify, store, transmit and create derivative works from User Content, including sending it to the service providers named in the Privacy Policy, in order to operate, secure, support and improve the Service, including training and evaluating the AI models and features used by the Service, whether hosted by the Company or built on the platform of a third-party AI provider. We do not sell User Content. When you delete content or your account, the content is deleted as described in the Privacy Policy and this license ends, except that models already trained with it are not affected.
Your body measurements, goals and food logs are health data. We process them on the basis of the explicit consent you give in the Application during onboarding, as described in the Privacy Policy. You may withdraw that consent at any time by deleting your account.
You agree not to upload unlawful, harmful, offensive or infringing content.
6. Prohibited Uses
You may not:
- upload violent, sexually explicit or unlawful content;
- upload images of individuals without lawful consent;
- reverse engineer, decompile, scrape or copy the Service, or use it for competitive analysis;
- circumvent usage limits, subscription checks or other protections, or gain unauthorized access;
- access the Service by automated means other than the Application itself;
- resell, sublicense or share your account with people outside your household;
- interfere with the operation of the Service.
7. Subscription, Billing and In-App Purchases
Purchases and subscriptions are processed through third-party platforms, namely the Apple App Store and the Google Play Store. Their terms govern payment processing, renewals and refunds.
Free tier and Subscription
The free tier includes a limited number of AI messages per day. The Subscription removes that limit. The exact features and limits of each tier are shown in the Application and may change over time; we will not take away access to a paid period you have already bought.
Automatic renewal
The price, billing period and any trial or introductory offer are shown on the purchase screen before you confirm. Payment is charged to your store account at confirmation. Subscriptions automatically renew for the same period at the price shown unless cancelled at least 24 hours before the current period ends. Your store account is charged for the renewal within 24 hours before the current period ends.
Cancellation
You can cancel at any time in your Device settings: on iPhone under Settings › Apple Account › Subscriptions, on Android in the Google Play app under Payments & subscriptions. Cancelling stops future renewals; you keep access until the end of the paid period. Deleting the Application or your account does not cancel a Subscription.
Refunds
Refunds are handled under the policies of Apple or Google and must be requested from them; the Company cannot issue refunds for store purchases directly. If you live in the European Union, the United Kingdom or another place with a statutory right of withdrawal for digital services, you acknowledge that by subscribing you ask us to start the Service immediately and that you may lose the right to withdraw once the Service has started, to the extent permitted by law. Your statutory rights are not affected.
Price changes
If the Subscription price changes, the store will notify you in advance and, where required, ask for your consent before the new price applies. If you do not agree, you may cancel before the change takes effect.
8. Third-Party Services
The Service relies on and may include links or integrations with third-party content or services, including Apple and Google for distribution, sign-in and billing, an authentication provider, a hosting provider and AI providers that process User Content to produce estimates. These providers are named in the Privacy Policy. The Company does not control and is not responsible for such services, and your use of them may be subject to their own terms.
9. Intellectual Property; License to Use the Application
All rights in the Service (excluding User Content), including its software, design, text, trademarks and the Omu name and logo, are owned exclusively by the Company or its licensors. You may not copy, modify, distribute, sell or reverse engineer any part of the Service.
Subject to these Terms, the Company grants you a personal, limited, non-exclusive, non-transferable license to install and use the Application on Devices that you own or control, as permitted by the usage rules of the store you downloaded it from, including Family Sharing where the store allows it.
If you send us ideas or feedback about the Service, we may use them without any obligation to you.
10. Termination
You may stop using the Service and delete your account at any time from the Application’s Settings screen; your data is then deleted as described in the Privacy Policy.
The Company may suspend or terminate your access at any time if you violate these Terms, if required by law, or if the Service is discontinued, giving reasonable notice where possible. Upon termination, all rights granted to you immediately cease. Sections 4, 5, 11, 12 and 14 survive termination.
11. “AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided “as is” and “as available”, without warranties of any kind, express or implied. To the maximum extent permitted by law, the Company disclaims all warranties, including merchantability, fitness for a particular purpose, accuracy and non-infringement, and does not warrant that the Service will be uninterrupted or error-free or that it will help you reach any health or weight goal. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
12. Limitation of Liability
To the maximum extent allowed by law, the Company’s total liability shall not exceed the greater of:
- the amount you paid for the Service in the preceding 12 months, or
- fifty US dollars (USD $50).
The Company is not liable for indirect, incidental, special, consequential or punitive damages, including loss of profits or data, or for health outcomes, weight changes or injury arising from reliance on estimates or other information in the Service.
Nothing in these Terms excludes or limits liability that cannot be excluded by law, including for death or personal injury caused by negligence, for fraud, or your statutory rights as a consumer.
13. Copyright Complaints
If you believe content in the Service infringes your copyright, send a notice with the details of the work, the location of the content and your contact information to support@omu.fit.
14. Governing Law and Disputes
These Terms are governed by the laws of Spain. You agree to the jurisdiction of the courts of Spain. If you are a consumer, you also keep the protection of the mandatory consumer laws of the country where you live and may bring a claim in its courts. Consumers in the European Union may also use the European Commission’s online dispute resolution platform. Before starting a formal claim, please contact us; most issues can be resolved quickly.
15. Severability and Waiver
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. Failure to enforce a right does not constitute a waiver of it. You may not assign these Terms; the Company may assign them to a successor that takes over the Service.
16. Changes to These Terms
The Company may update these Terms at any time. Material changes will be announced through reasonable notice in the Application or by email before they take effect. Continued use after updates constitutes acceptance. If you do not agree, stop using the Service and delete your account.
17. Contact Information
The Service is operated by Aleksandr Lider, an individual developer based in Spain. If you have questions about these Terms, you may contact us at support@omu.fit.