TERMS AND CONDITIONS
Last updated: January 2, 2025
1. AGREEMENT TO TERMS
By accessing or using the Poundcake application ("Service," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, then you may not access or use the Service.
2. AGE REQUIREMENT AND ELIGIBILITY
You must be at least 18 years of age to use Poundcake. By creating an account and using our Service, you represent and warrant that:
- You are 18 years of age or older
- You have the legal capacity to enter into these Terms
- You are not prohibited from using the Service under applicable laws
- All information you provide is accurate and truthful
If you are under 18, you are not permitted to use or register for our Service under any circumstances.
3. DESCRIPTION OF SERVICE
Poundcake is a comprehensive fitness and nutrition tracking application that provides:
- Food logging and nutritional analysis
- Weight tracking and progress monitoring
- Fitness goal setting and management
- Personalized fitness profiles and recommendations
- AI-powered nutritional guidance and insights
- Integration with fitness devices and platforms
- Community features and social interactions
- Premium subscription services and features
4. USER ACCOUNTS AND REGISTRATION
4.1 Account Creation
When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use
- Choosing a secure password and updating it regularly
4.2 Account Termination
You may terminate your account at any time. We reserve the right to terminate accounts that violate these Terms or remain inactive for extended periods.
5. USER CONTENT AND DATA
5.1 Your Content
You retain ownership of all content you submit, including food logs, photos, weight data, and personal information. By using the Service, you grant us a limited license to use, store, and process your content to provide the Service.
5.2 Data Accuracy
You are responsible for the accuracy of all data you input. We are not liable for decisions made based on inaccurate user-provided information.
5.3 Data Backup
While we maintain regular backups, you are encouraged to keep your own records of important health and fitness data.
6. HEALTH AND MEDICAL DISCLAIMERS
6.1 Not Medical Advice
The information provided by Poundcake is for informational and educational purposes only and should not be considered medical, nutritional, or professional health advice. The Service is not intended to:
- Diagnose, treat, cure, or prevent any disease
- Replace professional medical advice or treatment
- Serve as a substitute for consultation with qualified healthcare professionals
6.2 Medical Consultation
Always consult with qualified healthcare professionals before:
- Starting any new diet or exercise program
- Making significant changes to your eating habits
- Taking any dietary supplements
- If you have any medical conditions or concerns
6.3 Individual Results
Results may vary based on individual circumstances, medical history, genetics, and adherence to recommendations. Past performance does not guarantee future results.
6.4 Data Accuracy and Estimations
ALL NUTRITIONAL DATA, CALORIE COUNTS, FORECASTS, PREDICTIONS, AND CALCULATIONS PROVIDED BY THE SERVICE ARE ESTIMATES ONLY. We do not guarantee the accuracy, completeness, or reliability of:
- Calorie counts and nutritional information
- Weight loss or gain forecasts and predictions
- Daily calorie allowances and recommendations
- Food recognition and analysis results
- Barcode scanning data
- User-inputted or third-party nutritional data
- Any calculations or projections based on user data
The Service relies on various data sources, algorithms, and user inputs, all of which may contain errors or inaccuracies. You acknowledge and accept that:
- Nutritional data may be incomplete, outdated, or incorrect
- Calorie calculations are approximations and may not reflect actual values
- Forecasts and predictions are mathematical models, not guarantees
- Individual metabolism, health conditions, and other factors affect actual results
- You use all information and recommendations at your own risk
WE ARE NOT LIABLE FOR ANY DECISIONS, ACTIONS, OR OUTCOMES BASED ON THE DATA, CALCULATIONS, FORECASTS, OR RECOMMENDATIONS PROVIDED BY THE SERVICE. You assume full responsibility for verifying information and consulting healthcare professionals before making health-related decisions.
7. ACCEPTABLE USE POLICY AND CONTENT MODERATION
7.1 Prohibited Content and Conduct
You agree not to use the Service to:
- Violate any local, state, national, or international law
- Share false, misleading, or harmful information
- Promote eating disorders or unhealthy behaviors
- Harass, abuse, or harm other users
- Distribute spam, malware, or other harmful content
- Attempt to gain unauthorized access to the Service
- Interfere with the proper functioning of the Service
- Share your account with others or create multiple accounts
- Use the Service for commercial purposes without permission
- Scrape, data mine, or extract data from the Service
7.2 AI-Powered Content Moderation
All user-generated content, including text prompts, image generation requests, and chat interactions with our AI features, is subject to automated content moderation. Content that violates the following categories will be blocked and may result in immediate account suspension or termination:
STRICTLY PROHIBITED CONTENT:
- Sexual content, including explicit or suggestive material
- Sexual content involving minors (zero tolerance - immediate ban and report to authorities)
- Harassment, bullying, or threatening behavior
- Content promoting self-harm, suicide, or dangerous behaviors
- Instructions for self-harm or harmful activities
- Violence, including graphic depictions or threats
- Hate speech based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
- Threatening language or content that incites violence
- Content that attempts to manipulate or bypass our safety systems
- Illegal activities or content that violates applicable laws
7.3 Enforcement and Consequences
We employ a zero-tolerance policy for severe violations. Consequences for violations include:
FIRST VIOLATION (Minor infractions):
- Warning issued to your account
- Content blocked and logged
- Account flagged for monitoring
SECOND VIOLATION:
- Account suspension (24-72 hours)
- Review of all account activity
- Final warning issued
THIRD VIOLATION OR SEVERE FIRST OFFENSE:
- Permanent account termination
- Ban from all current and future services
- Forfeiture of any paid subscriptions (no refunds)
- Reporting to relevant law enforcement authorities when required by law
- Cooperation with legal investigations
IMMEDIATE BAN OFFENSES (Zero Tolerance):
- Content involving minors in inappropriate contexts
- Credible threats of violence or self-harm
- Distribution of illegal content
- Attempted exploitation of other users
- Any activity that poses immediate risk to safety
7.4 Reporting to Authorities
We reserve the right and, in some cases, have a legal obligation to report certain violations to appropriate law enforcement agencies, including but not limited to:
- Child exploitation or abuse content
- Credible threats of violence
- Suspected criminal activity
- Content that violates court orders or legal requirements
- Emergency situations involving risk of harm
User information, including IP addresses, account details, and content logs, may be preserved and shared with law enforcement as required by law or court order.
8. SUBSCRIPTION SERVICES AND PAYMENTS
8.1 Premium Features
Poundcake offers premium subscription services with additional features. Subscription terms, pricing, and billing cycles are clearly disclosed at the time of purchase.
8.2 Payment Terms
- Subscriptions automatically renew unless cancelled
- Payments are processed through secure third-party payment providers
- All fees are non-refundable except as required by law
- We reserve the right to change pricing with 30 days' notice
8.3 Cancellation
You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.
9. SMS TEXT MESSAGING TERMS
9.1 SMS Communications
By providing your phone number and opting in to receive SMS messages from Poundcake, you consent to receive automated text messages related to:
- Check-in reminders for weight and food logging
- Account notifications and security alerts
- Service updates and important announcements
- Coaching tips and motivational messages (if enabled)
9.2 Message Frequency
Message frequency varies based on your preferences and activity. You may receive up to 10 messages per week depending on your notification settings.
9.3 Opt-Out Instructions
You can opt out of SMS messages at any time by:
- Replying STOP to any message from Poundcake
- Updating your notification preferences in your account settings
- Contacting us at support@poundcake.ai
After opting out, you will receive one final confirmation message. You will no longer receive SMS messages from us unless you re-subscribe.
9.4 Help
For help with SMS messages, reply HELP to any message or contact support@poundcake.ai.
9.5 Costs and Carrier Information
- Message and data rates may apply depending on your mobile carrier plan
- Poundcake does not charge for SMS messages, but your carrier may
- SMS services may not be available on all carriers
- We are not responsible for delayed or undelivered messages due to carrier issues
9.6 Consent Not Required for Purchase
Consent to receive SMS messages is not a condition of purchasing any goods or services from Poundcake. You may use our Service without providing a phone number or opting in to SMS communications.
9.7 Phone Number Privacy
Your phone number will only be used for the purposes described in this section and our Privacy Policy. We do not sell, rent, or share your phone number with third parties for marketing purposes.
9.8 Supported Carriers
SMS messaging is supported on major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and others. Carrier participation may vary.
10. PRIVACY AND DATA PROTECTION
10.1 Privacy Policy
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
10.2 Data Security
We implement industry-standard security measures to protect your data, but cannot guarantee absolute security. You acknowledge that internet transmission and electronic storage carry inherent risks.
10.3 Third-Party Integrations
The Service may integrate with third-party fitness devices, apps, and platforms. Your use of such integrations is subject to their respective terms and privacy policies.
10.4 Content Monitoring and Data Retention
For safety, security, and legal compliance purposes:
- All user interactions with AI features are logged and may be reviewed
- Content that violates our policies is retained for evidence and legal purposes
- We maintain logs of security events, violations, and suspicious activities
- Account actions and terminations are documented and retained
- We may preserve user data when required by law or legal process
- Deleted content may persist in backups for a reasonable period
- We cooperate with law enforcement investigations as required by law
10.5 Automated Monitoring
We employ automated systems to:
- Detect and prevent abuse, fraud, and security threats
- Monitor compliance with these Terms and applicable laws
- Identify patterns of harmful behavior or content
- Protect the safety and security of our users and Service
- Ensure quality of service and user experience
11. INTELLECTUAL PROPERTY
11.1 Service Content
The Service, including its software, algorithms, user interface, content, and features, is owned by Poundcake and protected by copyright, trademark, and other intellectual property laws.
11.2 Trademarks
Poundcake and related logos are trademarks of our company. You may not use our trademarks without prior written consent.
11.3 User License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes.
12. COMMUNITY GUIDELINES
12.1 Respectful Interaction
Users must interact respectfully with others and avoid harassment, discrimination, or abusive behavior.
12.2 Content Standards
User-generated content must be appropriate, legal, and not harmful to the community. We reserve the right to remove content that violates our guidelines.
12.3 Reporting
Users can report inappropriate content or behavior. We investigate reports and take appropriate action, including account suspension or termination.
13. SERVICE AVAILABILITY AND MODIFICATIONS
13.1 Availability
While we strive for high availability, the Service may occasionally be unavailable due to maintenance, updates, or technical issues.
13.2 Modifications
We reserve the right to modify, suspend, or discontinue the Service or any features at any time with reasonable notice.
13.3 Updates
We may release updates to improve functionality, security, or user experience. Continued use constitutes acceptance of updates.
14. TERMINATION AND ACCOUNT SUSPENSION
14.1 Termination by You
You may terminate your account at any time by following the cancellation procedures in your account settings.
14.2 Termination by Us - Absolute Discretion
WE RESERVE THE ABSOLUTE RIGHT TO TERMINATE, SUSPEND, OR RESTRICT YOUR ACCOUNT AND ACCESS TO THE SERVICE AT ANY TIME, FOR ANY REASON OR NO REASON, AT OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE. This includes, but is not limited to:
- Violation of these Terms or any policies
- Suspicious or potentially harmful activity
- Technical or security concerns
- Excessive resource usage or abuse of features
- Non-payment or payment disputes
- Legal requirements or law enforcement requests
- Protection of our users, partners, or business interests
- Any behavior we deem inappropriate or detrimental to the Service
- Inactivity or abandonment of account
- False or misleading account information
- Use of automated tools, bots, or scripts
- Circumvention of security measures or content filters
- Any reason we determine in our sole discretion
14.3 No Liability for Termination
You agree that we shall not be liable to you or any third party for any termination, suspension, or restriction of your access to the Service. We are not obligated to provide reasons for account actions, though we may choose to do so at our discretion.
14.4 Effect of Termination
Upon termination:
- Your right to use the Service ceases immediately
- All licenses granted to you terminate immediately
- You must cease all use of the Service
- We may delete your account and all associated data without notice
- You forfeit any unused subscription time (no refunds)
- We may retain certain information as required by law or for legitimate business purposes
- You remain liable for any outstanding charges or obligations
14.5 Suspension Rights
We may suspend your account temporarily while investigating potential violations. During suspension:
- You cannot access the Service or your data
- Subscription fees continue unless we determine otherwise
- We may review all your account activity and content
- Suspension may lead to permanent termination
14.6 Appeal Process
While we are not obligated to provide an appeal process, you may contact support@poundcake.ai to request review of an account action. We reserve the right to make final decisions on all appeals at our sole discretion, and such decisions are not subject to further review.
15. DISCLAIMERS AND WARRANTIES
15.1 "As Is" Service
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
15.2 No Guarantee of Results
We do not guarantee that the Service will meet your specific needs or that you will achieve particular health or fitness outcomes.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Poundcake and its officers, directors, employees, agents, and affiliates shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, use, goodwill, or other intangible losses
- Damages resulting from unauthorized access to or alteration of your data
- Any damages arising from your use of or inability to use the Service
- Any damages related to third-party integrations or services
Our total liability for all claims shall not exceed the amount you paid for the Service in the 12 months preceding the claim.
17. INDEMNIFICATION
You agree to indemnify and hold harmless Poundcake and its affiliates from any claims, damages, losses, or expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Any content you submit to the Service
18. DISPUTE RESOLUTION
18.1 Informal Resolution
Before filing any formal dispute, you agree to first contact us at support@poundcake.ai to attempt to resolve the issue informally.
18.2 Binding Arbitration
Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
18.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class or representative action.
19. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Pennsylvania, United States, without regard to conflict of law principles. Any legal action must be brought in the courts of Philadelphia County, Pennsylvania.
20. FORCE MAJEURE
We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, government actions, labor disputes, or technical failures.
21. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
22. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Poundcake regarding the Service and supersede all prior agreements.
23. CHANGES TO TERMS
23.1 Modification Rights
We reserve the right to modify these Terms at any time. Material changes will be communicated through:
- Email notification to registered users
- In-app notifications
- Website announcements
23.2 Acceptance of Changes
Continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you disagree with changes, you must discontinue use of the Service.
23.3 Notice Period
We will provide at least 30 days' notice for material changes that significantly affect your rights or the Service functionality.
24. CONTACT INFORMATION
For questions, concerns, or notices regarding these Terms, please contact us at:
Email: support@poundcake.ai
Website: https://poundcake.ai
Address: Philadelphia, PA, United States
We will respond to inquiries within 48-72 hours during business days.
25. ACKNOWLEDGMENT
By creating an account or using Poundcake, you acknowledge that:
- You have read and understood these Terms and Conditions
- You agree to be bound by all provisions contained herein
- You understand the health disclaimers and limitations
- You are legally competent to enter into this agreement
- You will use the Service responsibly and in accordance with these Terms
Last reviewed and updated: January 2, 2025
Version: 3.0