Ava app Terms of Use

1. Publisher

The Ava app is published by Eatten Sàrl, a limited liability company under Swiss law, business identification number CHE-351.622.923, Avenue Jomini 5, 1004 Lausanne, Switzerland (hereinafter "Calerys" or "we"). Contact: timitten@live.fr

2. Purpose and acceptance

These terms govern your use of the Ava mobile application (hereinafter "the app") and of the subscriptions offered in the app through in-app purchase. By creating your account or using the app, you acknowledge that you have read and accepted them.

The app is licensed to you under Apple's standard Licensed Application End User License Agreement, which applies in addition to these terms: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. On Android, the app is distributed through Google Play, whose terms of service also apply: https://play.google.com/about/play-terms/

These terms are concluded between you and Eatten Sàrl, not with Apple or Google. Eatten Sàrl, not Apple or Google, is solely responsible for the app and its content.

3. The Ava service

Ava is a nutrition coach powered by artificial intelligence. In the app, you talk with Ava in writing, with photos or with voice messages. Among other things, Ava can:

• estimate the calories and macronutrients of your meals from a description or a photo;
• track your calorie intake, your weight and your progress toward your goal;
• offer you personalized, non-medical nutrition recommendations;
• send you summaries and reminders, including by notification if you allow it.

Features may change over time. Ava may also be available through other channels, such as a messaging app: your account and your history stay the same, whichever channel you use.

4. Your account

The app is reserved for adults (18 years or older) who have the legal capacity to enter into a contract.

Your account is linked to your phone number. To create it or to sign in, you enter your number, then the one-time code we send you by WhatsApp or by SMS. No password is required.

You agree to provide accurate information and to keep control of your phone and your number. Any use of your account is deemed to be made by you.

5. In-app subscriptions

Ongoing access to Ava is provided through an auto-renewable subscription, purchased in the app through Apple's in-app purchase system (App Store) on iPhone, or through Google Play Billing on Android. The available plans, their duration and their price, in your currency, are shown in the app before you confirm the purchase.

Payment will be charged to your Apple ID account at confirmation of purchase on iPhone, or to your Google Play account at confirmation of purchase on Android.

The subscription automatically renews for the same duration unless it is cancelled at least 24 hours before the end of the current period.

Your account will be charged for renewal within 24 hours prior to the end of the current period.

Billing, payment and payment methods are handled exclusively by Apple or by Google, depending on the store used. We never receive your banking details.

6. Free trial

When a free trial is offered with a subscription, its duration is shown in the app before you confirm. At the end of the trial, it automatically converts into a paid subscription unless you cancel it at least 24 hours before the end of the trial period.

Any unused portion of a free trial period will be forfeited when you purchase a subscription.

Depending on the current offer, free introductory access may also be granted when you create your account, without any purchase or payment method. It ends automatically, with no charge.

7. Managing or cancelling your subscription

You can manage or cancel your subscription at any time from your iPhone: Settings > [your name] > Subscriptions. You can also get there from your account in the App Store.

On Android, you can manage or cancel your subscription at any time in the Play Store: Play Store > Profile > Payments & subscriptions > Subscriptions.

Cancellation takes effect at the end of the current period: you keep access until that date, and no further charge is made.

Deleting the app from your phone, or deleting your account, does not cancel your subscription: cancellation is always done in your Apple ID settings on iPhone, or in the Play Store on Android.

8. Refunds

In-app purchases are billed by Apple. Any refund request is handled by Apple, under its own terms, at https://reportaproblem.apple.com

On Android, in-app purchases are billed by Google. Any refund request is handled by Google, under Google Play's rules, at https://support.google.com/googleplay/answer/2479637

We cannot refund a purchase made through Apple or Google Play ourselves. No pro rata refund is due if you cancel during a period, unless mandatory law provides otherwise or Apple or Google decides otherwise.

9. Health: what Ava is, and what it is not

Ava does not replace a healthcare professional. Ava does not diagnose, does not prescribe any treatment and does not provide medical, professional dietary or psychological advice. The service is not a medical device within the meaning of Regulation (EU) 2017/745 (MDR) or of the Swiss Federal Act on Medicinal Products and Medical Devices (TPA).

Calories, macronutrients and other values shown are indicative estimates, which may carry a significant margin of error depending on portions and on the information provided. Artificial intelligence can produce inaccurate, incomplete or wrong information: keep a critical mind.

Consult a qualified healthcare professional (doctor, registered dietitian, psychologist) before changing your diet or lifestyle, especially if you have a medical condition, take medication, are pregnant or breastfeeding, or have an eating disorder. The app is not designed to support these situations without medical supervision.

Never use Ava in an emergency. In an emergency: 144 (Switzerland), 15 (France), 112 (EU), 911 (United States). In the United States, the 988 Suicide & Crisis Lifeline is available by call or text at 988.

10. Sources of health benchmarks

The targets and benchmarks Ava uses are based on public scientific and official references:

• Energy needs (basal metabolic rate): the Mifflin-St Jeor equation, published by Mifflin MD, St Jeor ST et al., "A new predictive equation for resting energy expenditure in healthy individuals", American Journal of Clinical Nutrition, 1990: https://doi.org/10.1093/ajcn/51.2.241
• Free sugars and a balanced diet: recommendations of the World Health Organization (WHO): https://www.who.int/publications/i/item/9789241549028 and https://www.who.int/news-room/fact-sheets/detail/healthy-diet
• Nutrient reference intakes: dietary reference values of the European Food Safety Authority (EFSA): https://www.efsa.europa.eu/en/topics/topic/dietary-reference-values
• Food composition: the CIQUAL food composition table of the French Agency for Food, Environmental and Occupational Health & Safety (ANSES): https://ciqual.anses.fr/
• Blood glucose benchmarks: WHO criteria: https://www.who.int/publications/i/item/definition-and-diagnosis-of-diabetes-mellitus-and-intermediate-hyperglycaemia ; Standards of Care in Diabetes of the American Diabetes Association (ADA): https://professional.diabetes.org/standards-of-care

These references serve as indicative benchmarks, never as a personal medical assessment.

11. Use of the app

You agree to use the app in good faith and for its intended purpose, and in particular:

• not to use it for emergency medical advice or as a replacement for medical follow-up;
• not to try to bypass its security mechanisms, or to manipulate the AI to obtain prohibited or dangerous content;
• not to send content that is illegal, defamatory, hateful, sexual content involving minors, or that infringes the rights of others;
• not to extract, copy, reproduce or commercially exploit the content of the app.

In the event of a breach of these rules, fraud or abusive use, we may suspend or close your account.

12. Liability

We strive to keep Ava available 24 hours a day, 7 days a week, but cannot guarantee uninterrupted availability: the service may be suspended for maintenance, updates, or in the event of a failure of a third-party provider.

Any decision about your diet, physical activity or lifestyle is your sole responsibility. Subject to mandatory provisions of law, in particular in the event of gross negligence or intent, the total liability of Eatten Sàrl is limited to the amounts you have actually paid for your subscription during the twelve (12) months preceding the event giving rise to liability.

13. Intellectual property

The app, its texts, design, brand and code are the exclusive property of Eatten Sàrl or its licensors. You have a personal, non-exclusive and non-transferable right to use the app, within the limits of Apple's standard license agreement and Google Play's terms mentioned in section 2.

14. Deleting your account

You can delete your account at any time, directly in the app: "My account" > "Delete my account", then confirm with a 6-digit code. Your meals, your weight, your goals and Ava's memory are then permanently erased, as described in the app privacy policy.

Deleting your account does not cancel a subscription purchased in the app: remember to cancel it in Settings > [your name] > Subscriptions on iPhone, or in Play Store > Profile > Payments & subscriptions > Subscriptions on Android.

15. Personal data

The processing of your personal data is described in the Ava app privacy policy, which forms an integral part of these terms: https://www.calerys.com/app/legal/privacy

16. Changes to these terms

We may change these terms. Any substantial change will be notified to you at least 7 days before it takes effect, in the app or in your conversation with Ava. Continuing to use the app after that date constitutes acceptance. If you do not accept, you can cancel your subscription and delete your account.

17. Governing law and jurisdiction

These terms are governed by Swiss law, excluding its conflict-of-law rules. Any dispute relating to their interpretation or performance will be subject to the exclusive jurisdiction of the courts of Lausanne (canton of Vaud, Switzerland).

If any provision of these terms is held invalid or unenforceable, the other provisions remain in full force and effect.

18. Contact

Eatten Sàrl, Avenue Jomini 5, 1004 Lausanne, Switzerland. Email: timitten@live.fr

See also: Ava app Privacy Policy