Terms of Service

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15. BY USING THE SERVICE, YOU AGREE TO THESE TERMS.

These Terms of Service (the "Terms") are an agreement between you and Glowback Holdings LLC, a Delaware limited liability company ("Glowback," "we," "us," or "our"). They govern your access to and use of the Glowback mobile application, website, and related services (collectively, the "Service").

If you are using the Service during a beta period, the Glowback Beta User Agreement also applies. Where the Beta User Agreement conflicts with these Terms, the Beta User Agreement controls during the beta period.

Glowback is an AI-assisted food tracking tool. The Service may include an AI assistant called "Glow" that helps you log meals, see estimates of nutritional content, and review your tracking history.

Glowback is not medical, nutritional, or professional advice. It is not a substitute for a physician, registered dietitian, nutritionist, therapist, trainer, or other licensed professional. Always consult a qualified healthcare professional before changing your diet, exercise, or weight. Individual results vary.

You must be at least 18 years old and a resident of the United States to use the Service. By using the Service, you represent and warrant that you meet these requirements.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use of your account. You agree that all information you provide is accurate and current, and that you will not impersonate another person or use someone else's account.

You agree not to use the Service in any way that violates applicable law. Use the Service to harm yourself or others. Reverse engineer, decompile, or attempt to extract source code, except to the extent that applicable law expressly permits. Use automated means to access the Service except as we expressly authorize. Submit content that infringes intellectual property rights, is unlawful, defamatory, or sexually explicit. Attempt to interfere with the Service's security or functionality. Resell, sublicense, or commercially exploit the Service without our written consent.

We may suspend or terminate your account if you violate these rules.

You retain ownership of the content you submit to the Service, including food photos, voice notes, journal entries, and notes ("User Content").

You grant Glowback a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, process, transmit, display, and create derivative works of your User Content for the purpose of providing, operating, and improving the Service. This license includes the right to use de-identified or aggregated data derived from User Content for product improvement, research, and analytics.

You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any law or third-party right.

You may delete your User Content at any time through the Service. Some backup copies may persist for a limited period before being purged.

The Service uses artificial intelligence to generate estimates, suggestions, food identifications, and other output ("AI Output"). AI Output is not advice. It is a probabilistic estimate produced by software that can be wrong in ways that are difficult to predict. By using the Service, you acknowledge and agree to the following.

AI Output may be incorrect, incomplete, or fabricated, including by appearing confident and plausible while being wrong. Macro and calorie estimates may be off by fifty percent or more. Food identifications from photos may misidentify ingredients, brands, portion sizes, or preparation methods. The same input may produce different output at different times. You are solely responsible for any decision you make based on AI Output and you agree to review AI Output before relying on it.

DO NOT USE GLOW OR ANY AI OUTPUT TO DETERMINE WHETHER A FOOD IS SAFE FOR YOU TO CONSUME.

If you have any food allergy, intolerance, sensitivity, religious dietary requirement, or medical dietary restriction, always verify ingredients with the original packaging, the restaurant, or the person who prepared the food before consuming. AI Output is not a substitute for ingredient labels or for guidance from a qualified professional.

The Service is not designed or appropriate for, and you agree not to use the Service or AI Output as a primary tool for, any of the following: diagnosing, treating, monitoring, or managing any medical condition, including diabetes, eating disorders, kidney disease, cardiovascular disease, or food allergies. Pregnancy or lactation nutrition planning. Pediatric feeding decisions or any decisions about feeding a person under 18. Post-surgical, post-bariatric, or clinical recovery nutrition. Athletic competition fueling where precise nutrient targeting is medically required.

If any of these situations applies to you, consult a qualified healthcare professional. The Service may still be useful as a supplemental log, but AI Output is not designed for these contexts and should not be treated as reliable in them.

Glowback uses third-party large language model and image recognition providers to generate AI Output. We do not control these models and cannot guarantee their accuracy, availability, or behavior. AI Output may change without notice as we update, replace, or reconfigure these providers.

Your use of the Service and your interaction with Glow does not create a doctor-patient, dietitian-client, nutritionist-client, therapist-client, fiduciary, or other professional relationship between you and Glowback or any individual associated with Glowback.

AI Output is not suitable for, and may not be used as, evidence in legal proceedings, insurance claims, flexible spending account or health savings account reimbursement requests, medical records, or any other context in which accurate measurement or professional opinion is required.

The Service, including all software, designs, text, graphics, logos, the name "Glowback," the name "Glow," and all related trademarks, are owned by Glowback or its licensors and are protected by intellectual property laws.

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial use, subject to these Terms.

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without any obligation to you.

The Service is currently offered free of charge. If we introduce paid plans, additional terms will apply, including pricing, renewal, and cancellation terms, which we will disclose at the time of purchase. You will have the opportunity to review and accept those terms before being charged.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUT WILL BE ACCURATE OR RELIABLE.

GLOWBACK IS A FOOD TRACKING TOOL. IT IS NOT MEDICAL, NUTRITIONAL, OR PROFESSIONAL ADVICE. INDIVIDUAL RESULTS VARY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLOWBACK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

GLOWBACK'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID GLOWBACK IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

THESE LIMITATIONS APPLY EVEN IF GLOWBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Glowback and its officers, directors, employees, agents, and licensors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms or any law or third-party right.

You may stop using the Service at any time and delete your account through the Service.

We may suspend or terminate your access to the Service at any time, with or without notice, including if you violate these Terms.

Sections that by their nature should survive termination will survive, including Sections 6 (User Content license), 8 (Intellectual Property), 9 (Feedback), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 15 (Arbitration).

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Agreement to arbitrate. You and Glowback agree that any dispute, claim, or controversy arising out of or related to these Terms or the Service ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

Informal resolution first. Before starting an arbitration, you agree to first contact us at hello@glowback.co and attempt to resolve the Dispute informally for at least 60 days.

Class action waiver. YOU AND GLOWBACK AGREE THAT ANY ARBITRATION OR COURT PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

Exceptions. Either party may bring an individual claim in small claims court for disputes within that court's jurisdiction. Either party may seek injunctive relief in court for intellectual property infringement.

Opt-out. You may opt out of this arbitration agreement by sending written notice to hello@glowback.co within 30 days of first accepting these Terms. Your notice must include your name, the email associated with your account, and a clear statement that you wish to opt out.

Location and language. The arbitration will be conducted in English. If you reside in the United States, the arbitration may be conducted remotely or in your county of residence at your option.

If the class action waiver is found unenforceable, the entire arbitration agreement is void, and any Dispute will proceed in court under Section 16.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. For any Dispute not subject to arbitration, you and Glowback agree to the exclusive jurisdiction of the state and federal courts located in Delaware.

We may change the Service at any time, including adding, removing, or modifying features.

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email. Continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

These Terms and the Privacy Policy are the entire agreement between you and Glowback regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

Glowback Holdings LLC

8 The Green, STE B

Dover, DE 19901

hello@glowback.co