1. Acceptance of Terms
Welcome to ForkSure (the "App" and "Website," collectively the "Services"), provided by ForkSure, LLC ("ForkSure," "we," "us," or "our"), a Delaware limited liability company. These Terms of Service ("Terms") govern your access to and use of the ForkSure mobile application (available on the Apple App Store), the ForkSure website, and all related services.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP OR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
These Terms constitute a legally binding agreement between you and ForkSure, LLC. Our Privacy Policy is incorporated by reference.
2. Description of Services
ForkSure provides a personal food and dietary management platform accessible through both the mobile App and the Website. Services include:
- A food allergy, intolerance, and special diet tracking tool
- AI-powered food photo identification (App only) to help estimate ingredients and potential allergens
- Personalized dietary profiles and symptom logging
- A sharing feature allowing you to voluntarily share your dietary information with selected individuals
- Educational content and informational resources about food allergies and special diets
- Interview-style questionnaires and assessments
- Access to your account and profile settings through the Website
The Services are designed solely as personal information management tools. ForkSure is not a medical device and does not provide medical diagnoses or treatment recommendations.
3. Eligibility
You must be at least 13 years of age to use the Services.
- You are at least 13 years of age;
- If between 13 and 17, you have verifiable parental or guardian consent;
- You are not barred from receiving the Services under applicable law;
- You will comply with all applicable laws.
Children under 13 are strictly prohibited from using the Services.
4. Account Registration
To use certain features, you must create an account. You agree to:
- Provide accurate and complete information;
- Maintain updated account information;
- Maintain the security of your credentials;
- Accept responsibility for activities under your account;
- Notify us of unauthorized use.
5. Subscription and Billing
5.1 Free and Premium Tiers
ForkSure offers both free and premium subscription tiers.
5.2 Subscription Terms
Premium subscriptions renew automatically unless canceled.
5.3 Apple In-App Purchases
App subscriptions are processed by Apple and subject to Apple’s terms.
5.4 Cancellation
You may cancel at any time. Cancellation takes effect at the end of the billing period.
5.5 Price Changes
We may change subscription pricing with reasonable notice.
6. Critical Medical and Health Disclaimer
FORKSURE IS NOT A MEDICAL DEVICE, MEDICAL SERVICE, OR HEALTHCARE PROVIDER. ALL CONTENT IS FOR INFORMATIONAL PURPOSES ONLY.
- Not a substitute for professional medical advice;
- No self-diagnosis or self-treatment;
- No guarantee that food is safe to consume;
- Always verify food safety independently;
- Call emergency services for medical emergencies.
7. AI-Powered Food Identification Feature
- AI results may be inaccurate or incomplete;
- Cannot detect hidden allergens or cross-contamination;
- Not approved for clinical use;
- Must independently verify food safety.
FORKSURE DISCLAIMS ALL LIABILITY ARISING FROM RELIANCE ON THE AI FEATURE.
8. Sharing Feature
- Sharing is voluntary;
- ForkSure is not responsible for recipients’ actions;
- Information cannot be recalled once shared.
9. Health Information and PHI
ForkSure is not a HIPAA-covered entity.
DO NOT ENTER PROTECTED HEALTH INFORMATION (PHI) INTO THE SERVICES.
10. User Content
You retain ownership of your submitted content but grant ForkSure a license to use it to provide the Services.
11. Intellectual Property
All content and software are the property of ForkSure or its licensors. You are granted a limited personal-use license.
12. Third-Party Services and Links
We are not responsible for third-party services or websites.
13. Prohibited Uses
- Impersonation or false information;
- Unauthorized system access;
- Automated scraping or crawling;
- Illegal or fraudulent activity;
- Reverse engineering the AI feature.
14. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.
15. Limitation of Liability
FORKSURE SHALL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY ARISING FROM RELIANCE ON THE SERVICES.
Total liability shall not exceed the greater of $50 or the amount paid by you in the prior twelve months.
16. Indemnification
You agree to indemnify and hold harmless ForkSure from claims arising from your use of the Services.
17. Governing Law
These Terms are governed by the laws of the State of Delaware.
18. Dispute Resolution and Arbitration
18.1 Informal Resolution
Contact us first at info@forksure.org.
18.2 Binding Arbitration
Disputes shall be resolved by binding arbitration administered by the American Arbitration Association.
18.3 Class Action Waiver
Disputes must be brought individually, not as class actions.
18.4 Opt-Out
You may opt out of arbitration within 30 days by written notice.
19. Website-Specific Terms
Additional restrictions apply to scraping, framing, and data mining.
20. Apple-Specific Terms
Apple is not responsible for the App and is a third-party beneficiary of these Terms.
21. Termination
We may suspend or terminate your access at any time.
22. Changes to These Terms
We may modify these Terms at any time with notice.
23. General Provisions
These Terms constitute the entire agreement between you and ForkSure.
24. Contact Information
ForkSure, LLC
Email: info@forksure.org