Terms and Conditions of Use

Welcome to HungrX! These Terms and Conditions (“Terms”) govern your use of the HungrX mobile application and its services (the “Website/Application”), operated by HungrX, LLC (“HungrX,” “we,” “us,” or “our”). By accessing or using the App, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must discontinue using the Application immediately.

PLEASE READ THIS DOCUMENT AND THE PRIVACY POLICY CAREFULLY BEFORE CONTINUING TO USE THIS PLATFORM.

These Terms and Conditions (“Terms”) together with the Privacy Policy and Cookie Policy govern the access and use of services made available on or through https://www.hungrx.com/ (“Website”) and the related Mobile Device Application HungrX (Collectively the “HungrX” Platform).

HungrX reserves the right at its sole discretion to change, modify, or amend these Terms without any notice or liability to you. The changes to these terms shall be effective immediately after posting such changes. Your continued use of the Platform following such modifications will be conclusively deemed acceptance of any changes to these terms and conditions. The evaluation provided under this Platform is not to be used commercially but it shall be restricted to personal use only.

For the purpose of these Terms, Privacy Policy, and Cookie Policy, wherever the context so requires, “You”, “Your”, “Yourself”, “User”, “Visitor”, shall mean and refer to natural and legal individuals who shall be users of this website either as consumers or business person and “Third Parties” refer to any other website or platform not in a business relationship with HungrX.

BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL CAPACITY AND AUTHORITY TO AGREE TO AND BIND YOURSELF TO THESE TERMS. IF YOU HAVE ANY QUERIES ABOUT THESE TERMS, PLEASE CONTACT admin@hungrx.com.

THESE TERMS AND CONDITIONS APPLY TO USERS IN THE UNITED STATES OF AMERICA.

1. General Terms

• 1.1 The section headings within these Terms are solely for organizational purposes, designed to help you navigate the various provisions in an orderly manner. These headings shall not be used to interpret the provisions themselves nor carry any legal or contractual weight.
• 1.2 You expressly agree that these Terms and the Privacy Policy are co-terminus. The termination or expiry of either one will result in the automatic termination of the other.
• 1.3 By using the HungrX mobile application (“App”), you enter into a legally binding agreement with HungrX LLC. By accessing and utilizing the App, you acknowledge that this relationship constitutes a legally binding contract from the moment you start using the App, and you agree to be bound by these Terms.

2. Platform Purpose

• 2.1 Health Optimization: The platform assists Users by analyzing the nutritional content of food products available at restaurants, aiding them in making informed choices that contribute to their personal health goals.
• 2.3 Encouraging Transparency: By offering comprehensive information about food items, HungrX motivates food providers, such as restaurants, to improve the transparency of their offerings, fostering better practices in nutritional disclosure and sustainability.

3. Platform Functionality

• 3.1 Calorie and Nutritional Analysis: HungrX provides Users with nutritional information for meals based on publicly available sources, including restaurant menus. This helps Users make informed decisions based on their health objectives, such as weight loss or weight gain.
• 3.2 Application Features: Users can:
  • Opt for a Premium Plan, offering enhanced features such as detailed nutritional breakdowns, advanced calorie management, and personalized recommendations.
• 3.3 Food Information Capture: The Application analyzes the calorie value and nutritional content of food items.
• 3.4 Scoring Criteria: The scoring system used by HungrX is based on three key factors:
  • Nutritional Value: Analyzes the calorie and macronutrient content of food items.
  • User Preferences: Customizes food recommendations based on the User’s health goals.
  • Publicly Available Data: Relies on publicly available nutritional information from restaurants and other sources. Future enhancements may consider additional factors such as the degree of food processing.
• 3.5 Public Data Disclaimer: HungrX relies on publicly available data for its food recommendations. While we aim to provide accurate and up-to-date information, the data may not always be accurate or exhaustive. The Company disclaims all liability concerning the accuracy of third-party sources.

3.6 Non-Medical Nature of Services

While HungrX provides nutritional and calorie analysis for better health choices, the information is for general wellness purposes only and should not be interpreted as medical advice. The Application does not diagnose, treat, or cure any health conditions. Users should consult with a healthcare professional for specific medical guidance.

The platform provides an initial analysis that enables the users to be aware of the composition of the food products they use daily, but does not guarantee the user optimum health. The services offered by the platform do not, in any way, constitute medical recommendation.

4. Platform Independence

• 4.1 The platform does not publish third-party ads nor promote or support any brands. Scoring of food products is based on algorithm parameters, not on bias.
• 4.2 Evaluations provided by the company are independent. HungrX is not an e-commerce platform and does not sell evaluated products.
• 4.3 Evaluations and scoring are limited to food and nutritional products and do not extend to other categories.
• 4.4 Evaluations are based on public information and are not substitutes for FDA or state regulatory inspections.

5. Product Composition Disclaimer

• 5.1 The platform does not guarantee 100% accuracy or completeness of its analysis of product composition and results.
• 5.2 The platform disclaims liability for errors in the database, including data related to product composition. The database evolves based on supplier and manufacturer updates.
• 5.3 Users are advised to cross-check food item composition directly to ensure accuracy.

6. Evaluation Disclaimer

• 6.1 HungrX does not guarantee relevance, completeness, or accuracy of risk evaluations related to ingredients and additives. Evaluations are based on publicly available data and aim to assist users in making informed dietary choices.
• 6.2 Evaluations are based on current science, but updates to studies or regulations may not be immediately reflected. Users are encouraged to conduct their own research and due diligence.

7. Medical Disclaimer

• 7.1 The information and data is provided only for indicative purposes and may contain errors. The materials posted on the platform are not a substitute for professional medical advice, diagnosis, or treatment.
• 7.2 The Company does not recommend or endorse any specific products, procedures, or opinions mentioned on the platform. The content may not be appropriate for individuals who have experienced eating disorders.

8. Premium Plan for Users

• 8.1 Users can subscribe to the Premium Plan by registering on the platform and meeting outlined requirements.
• 8.2 Premium Plan cancellations must occur at least 5 days before the next billing cycle to avoid additional charges.
• 8.3 Subscriptions remain active until canceled by the user or terminated by HungrX.
• 8.4 Subscription fees are non-refundable, with no partial refunds for unused portions of the term.
• 8.5 HungrX reserves the right to modify subscription fees or introduce/discontinue plans. By continuing to use premium services, users accept the new terms.
• 8.6 Users are responsible for securing their login credentials. HungrX is not liable for unauthorized account access or resulting damages.
• 8.7 Users must provide accurate information during registration. HungrX reserves the right to suspend or terminate accounts that provide false, misleading, or offensive content.

9. Eligibility

• 9.1 Users must be at least 18 years old or the age of legal majority in their jurisdiction. Minors (13-17 years old) must have parental consent to use the platform.
• 9.2 Users represent that they are competent to enter legally binding agreements.
• 9.3 Users agree to comply with all applicable laws, rules, and regulations.
• 9.4 The platform cannot be used by individuals disqualified under applicable laws.

10. Usage

The platform is designed for self-use by US citizens, regardless of caste, creed, residence, or disability. The platform's exclusive language is English. Assistance sought from scribes, translators, or technology narrators by individuals with disabilities will also be considered self-use.

11. Occasional Interruption of Services

• 11.1 The platform may occasionally experience unavailability due to maintenance, technical issues, or unforeseen circumstances.
• 11.2 HungrX is not liable for delays or interruptions caused by natural disasters, regulatory actions, user hardware/software malfunctions, or internet disruptions.

12. Content

• 12.1 All text, graphics, visuals, trademarks, and logos on the platform ("Content") may belong to third-party entities. HungrX does not guarantee the quality, accuracy, or authenticity of such content.
• 12.2 All content is protected by copyright and cannot be reused without prior written consent from HungrX or the respective copyright owner.
• 12.3 Users are granted a personal, non-exclusive, non-transferable, revocable license to access the platform's content. Copying, adapting, or modifying content without permission is strictly prohibited.

13. Indemnity

• 13.1 You agree to indemnify, defend, and hold harmless us, and our respective directors, officers, employees, and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements) incurred due to:
  • Your use of the website;
  • Your violation of these Terms;
  • Your violation of any rights of another;
  • Your improper conduct as per these Terms;
  • Your conduct in connection with the website.
• 13.2 You agree to fully cooperate in indemnifying us at your expense and not settle any claims without our consent.
• 13.3 In no event shall we be liable for any special, incidental, indirect, consequential, or punitive damages arising from your use of the website or services.

14. Limitation of Liability

YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE HUNGRX PLATFORM. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA.

The Company will not be liable for any consequential, indirect, punitive, special, or incidental damages, whether foreseeable or not, based on any theory of liability, including breach of contract, negligence, or tortious action.

15. Term and Termination

• 15.1 These Terms remain in effect as long as you access and use the website or application.
• 15.2 You may terminate your use of the website at any time.
• 15.3 We reserve the right to terminate these Terms, suspend or terminate your access to the website at any time, without notice, for any reason.
• 15.4 Such suspension or termination does not limit our right to take further action against you.
• 15.5 We may discontinue services and the website without prior notice.
• 15.6 We reserve the right to unilaterally terminate your access to the website or any portion thereof, without notice or cause.

15.7 Universal Right to Deny Access

We also reserve the universal right to deny access to you, to any/all of us on its website without any prior notice/explanation to protect the interests of the website and/or other users of the website.

15.8 Limitation of Access

We reserve the right to limit, deny, or create different access to the website and its features concerning different users, or to change any of the features or introduce new features without prior notice.

15.9 Binding Terms

You shall continue to be bound by these Terms, and it is expressly agreed that you shall not have the right to terminate these Terms until the expiry of the same.

16. Communication

• 16.1 By using this website and providing your identity and contact information to us, you consent to receiving calls, emails, or SMS from us and/or any of its representatives at any time.
• 16.2 You can report discrepancies regarding the website or content-related information to support@hungrx.com, and we will take necessary actions after an investigation. The response and resolution will depend on the investigation duration.
• 16.3 You agree that, notwithstanding anything above, you may be contacted by us relating to any services availed, and you agree to indemnify us from any harassment claims. Any information shared by us shall be governed by the Privacy Policy.

17. User Obligations and Formal Undertakings to Conduct

• 17.1 Agree to provide genuine credentials and ensure the confidentiality of your login information. You are responsible for all activities that occur under your account.
• 17.2 Agree to keep Personally Identifiable Information accurate and up to date.
• 17.3 Acknowledge that the data entered into the platform is for reference purposes and to streamline services.
• 17.4 Agree not to create direct competition to the services provided on the platform for a period of two years after termination.
• 17.5 Understand that the website and affiliates are not liable for any loss or damage related to the use of the website or services.
• 17.6 You are prohibited from copying, modifying, or creating derivative works from the website’s content without written permission from HungrX.
• 17.7 Agree not to hire or recruit our employees or consultants for two years after termination of your arrangement with us.
• 17.8 Agree not to access the website using methods other than the official interface. Any unauthorized methods such as deep links, robots, or automated processes will lead to termination of access.

17.9 User-Generated Content

You expressly agree and acknowledge that the Content generated by the users and displayed on the website/application is not owned by us, and we are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which we may remove from the website at our sole discretion.

17.10 User Undertakings

• a. Engage in no activity that interferes with or disrupts access to the website or services provided therein.
• b. Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• c. Probe, scan, or test vulnerabilities in the website or breach its security or authentication measures.
• d. Disrupt the security or harm any systems or resources related to the website.
• e. Use the website for any unlawful purpose or prohibited activity under these Terms.
• f. Violate any code of conduct or guideline for services offered on the website.
• g. Violate any applicable laws, rules, or regulations within the USA.
• h. Violate any portion of these Terms or the Privacy Policy.
• i. Cause any harm that leads to the loss of services from the website's Internet Establishment (ISP) or disrupt the services of any supplier.
• j. Authorize us to disclose your information to law enforcement or government officials if we believe necessary for investigation or resolution of potential crimes.
• k. Use services for lawful purposes only.
• l. Not post defamatory, offensive, obscene, abusive, or unlawful material, including content that:
  • Belongs to another person without your right to use it.
  • Is harmful, harassing, defamatory, obscene, pornographic, or unlawful.
  • Is harmful to minors.
  • Infringes intellectual property rights.
  • Violates any law in force.
  • Deceives or misleads about the origin of messages.
  • Abuses, harasses, or threatens others.

17.11 User-Generated Content – Audio and Visual Inputs

By submitting images or audio recordings through the meal analysis feature, you grant HungrX a non-exclusive, royalty-free license to use, process, and store this content solely for the purpose of providing nutritional analysis and related services. You affirm that you have the necessary rights to submit this content and that it does not infringe upon any third-party rights.

17.12 Use of Third-Party AI Services

HungrX employs third-party AI services to analyze user-submitted images and audio recordings. While we strive for accuracy, we do not guarantee the precision of the nutritional information provided. Users should consult healthcare professionals for personalized dietary advice.

17.13 User Responsibilities

Users are responsible for ensuring that any content submitted for analysis does not contain personal information of others without their consent. Additionally, users should not submit content that is offensive, unlawful, or infringes upon the rights of others.

18. Suspension of Access and Activity

• 18.1 We may, at our sole discretion, limit your access or suspend your activity by removing access credentials temporarily or indefinitely, or by terminating your association with the website without notice if:
  • You breach any of these Terms or the Privacy Policy.
  • You provide wrong or inaccurate information.
  • Your actions may cause harm to other users or us.

19. Intellectual Property Rights

• 19.1 Nothing in these Terms grants you the right to use any trade names, trademarks, service marks, logos, domain names, or other intellectual property owned by us or any third parties.
• 19.2 The platform, including the website, mobile application, text, user interface, graphics, codes, content, and promotional materials, is the property of the Company and is protected by copyright and other intellectual property laws.
• 19.3 You shall not use any of the intellectual property displayed on the website in any manner that is likely to cause confusion or harm to the platform or that in any manner disparages or discredits the website.

19.4 Intellectual Property Awareness

You are aware of all intellectual property, including but not limited to copyrights, relating to said services that reside with the owners, and at no point does any such intellectual property stand transferred from the creators.

19.5 Infringement of Intellectual Property

You are further aware that any reproduction or infringement of the intellectual property of the owners by you will result in legal action being initiated against you by the respective owners of the intellectual property so reproduced/infringed upon. You agree that the contents of this section shall survive even after the termination or expiry of these Terms and/or Privacy Policy.

19.6 User-Generated Content

Any User-Generated Content you submit to the Platform shall remain your intellectual property. However, by submitting such content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, and distribute your User-Generated Content in any medium for any purpose.

20. Linking and Framing

• 20.1 We prohibit caching the HungrX Platform, unauthorized hypertext links to the Platform, and the framing of any materials available through this Platform. We reserve the right to disable any unauthorized links or frames and disclaim responsibility for the contents of other websites linked to this Platform.
• 20.2 The HungrX Platform may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company. We do not guarantee the accuracy, relevance, timeliness, or completeness of any information available on these external websites or mobile app stores.
• 20.3 YOU AGREE THAT HUNGRX WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON THIRD-PARTY WEBSITES, OR ANY HARM CAUSED IN CONNECTION WITH THESE.

21. Non-Affiliation and Fair Use Disclaimer

HUNGRX IS NOT AFFILIATED, ASSOCIATED, AUTHORIZED, ENDORSED BY, OR IN ANY WAY OFFICIALLY CONNECTED WITH ANY BRAND NAME LISTED ON THE PLATFORM, OR ANY OF ITS SUBSIDIARIES OR AFFILIATES. THE USE OF ANY TRADE NAME OR TRADEMARK IS FOR IDENTIFICATION AND REFERENCE PURPOSES ONLY AND DOES NOT IMPLY ANY ASSOCIATION WITH THE TRADEMARK HOLDER.

• 21.1 The HungrX Platform may contain trademarked and copyrighted material owned by third parties, the use of which may not always be specifically authorized by the respective owners. Certain uses of trademarks, including descriptive and non-commercial uses, are permitted under fair use provisions of U.S. law.
• 21.2 If you wish to use trademarked or copyrighted material from this platform for purposes that do not qualify as "fair use," you are required to obtain prior permission from the respective trademark and copyright owners. If unsure whether your use qualifies as "fair use," we recommend seeking legal counsel.

21.3 Reporting Intellectual Property Infringement

If you believe that any content or postings on this platform infringe your intellectual property rights or any other legal rights, please notify us by email at admin@hungrx.com.

22. Disclaimer of Warranties and Liabilities

• 22.1 You acknowledge and agree that your access to and use of the HungrX Application is at your own risk, and you are solely responsible for using your best judgment before availing of any features, information, or services provided on the app.
• 22.2 You agree that any information, resources, recommendations, or services obtained through the HungrX app, whether written or oral, do not create any warranty. HungrX expressly disclaims all liabilities arising from the use or reliance on such information or services.
• 22.3 We make no guarantees that the app’s features, content, or services will be uninterrupted or error-free, nor do we guarantee that the Application or its servers are free of viruses or other harmful components. By using the app, you accept any risks associated with its use.
• 22.4 The platform reserves the right to update, modify, or discontinue features of the application at any time without prior notice. Users may be notified about significant changes affecting their accounts or services.
• 22.5 This section shall remain effective and survive the termination or expiration of these Terms and/or the Privacy Policy.
• 22.6 THE HUNGRX PLATFORM, INCLUDING ALL INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH IT, IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HUNGRX MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE APP’S CONTENT. WE DO NOT WARRANT THAT THE HUNGRX WILL OPERATE WITHOUT INTERRUPTION OR ERRORS, NOR DO WE GUARANTEE IT IS FREE FROM VIRUSES OR HARMFUL COMPONENTS. ANY USE OF THE INFORMATION OR SERVICES PROVIDED BY HungrX IS AT YOUR OWN RISK.

23. Force Majeure

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to a cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of god, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized acts.

24. Dispute Resolution and Jurisdiction

• 24.1 It is expressly agreed by you that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through Arbitration. The contents of this section shall survive the termination or expiry of these Terms and/or the Privacy Policy.
• 24.2 Arbitration: In the event that the Parties are unable to amicably resolve a dispute, such dispute will be settled by arbitration in accordance with the rules of the American Arbitration Association (AAA). A sole arbitrator shall be appointed in accordance with the AAA rules, and the award passed by such arbitrator will be final and binding on all parties. The arbitration shall be conducted in English, and the seat of arbitration shall be in the United States. All costs of arbitration will be borne in accordance with the arbitrator’s award.
• 24.3 You expressly agree that these Terms, the Privacy Policy, and any other agreements between the Parties are governed by the laws, rules, and regulations of the United States of America.
• 24.4 You agree that any claims or disputes you may have against the Company will be resolved individually and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

25. Miscellaneous Provisions

• 25.1 This platform and its contents do not establish a partnership, joint venture, agency, or employment relationship between the parties. The Company shall not be responsible for the acts or omissions of the User, and the User shall not represent the Company, nor does it have any power or authority to speak for, represent, bind, or assume any obligation on behalf of the Company.
• 25.2 Confidentiality: The product evaluation reports, the list of best alternative products provided by the platform, and any settlement offered shall be kept confidential and not disclosed by either party, except where disclosure is required by law or requested by law enforcement. However, the Company reserves the right to disclose such information under certain circumstances, including during investigations or as part of a merger or acquisition.
• 25.3 Entire Agreement: These Terms, read with the Privacy Policy, form the complete and final contract between us and supersede all other communications or agreements.
• 25.4 Waiver: The failure to require the performance of any provision of these Terms at any time shall not affect our right to enforce the same in the future. No waiver by us of any breach of these Terms shall be deemed a waiver of any subsequent breach.shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

25.5 Severability

If any provision/clause of these Terms is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions, and commercial expectations of the Parties hereto, as expressed herein.

25.6 Contact Us

If you have any questions about these Terms, the practices of the website, or your experience, you can contact us by emailing at support@hungrx.com.