ARTICLE 1 — PURPOSE
These Terms of Service (hereinafter "Terms") govern the contractual relationship between:
Jeremy Dumesny, sole proprietor (micro-entrepreneur), registered under SIREN number 104302872 (SIRET: 10430287200015), with registered office at 103 Avenue Isola Bella, Rosella Hightower, 06400 Cannes, France, hereinafter referred to as "Trace Meal" or "the Publisher",
AND
Any adult natural person subscribing to a paid subscription to the Trace Meal mobile application (hereinafter "the User" or "the Customer").
These Terms apply to all subscriptions purchased through the Apple App Store.
ARTICLE 2 — DESCRIPTION OF THE SERVICE
Trace Meal is an iOS mobile application providing a nutrition tracking service powered by artificial intelligence. The service allows the User, from a photograph of their meal, to obtain an estimation of the corresponding calories and macronutrients.
The service includes notably:
- AI-powered photographic food recognition
- Estimation of caloric intake and macronutrients (protein, carbohydrates, fats, fiber)
- Personalized nutritional goal tracking
- Progress dashboard
- AI conversational coach assistance
The service is provided "as is" and constitutes a nutritional information aid, with no diagnostic or prescriptive value.
ARTICLE 3 — PRICING AND SUBSCRIPTION TERMS
3.1 Available Subscriptions
Trace Meal offers two paid subscription plans:
Annual Subscription: 39.99 USD per year (local equivalent applied based on User's country), including a 3-day free trial.
Monthly Subscription: 9.99 USD per month (local equivalent applied based on User's country), with no free trial.
Prices are subject to change. Any price evolution will be notified to the User at least 30 days before its application to current subscriptions.
3.2 Free Trial Period
The annual subscription includes a 3-day free trial period during which the User benefits from all features.
At the end of this trial period, the subscription is automatically converted to a paid subscription, unless the User has cancelled their subscription at least 24 hours before the end of the trial period through their Apple ID account settings.
3.3 Payment
Payment is exclusively processed through the User's Apple ID account. Apple Inc. acts as the payment intermediary. Trace Meal does not collect or store any banking information.
ARTICLE 4 — AUTOMATIC RENEWAL
Trace Meal subscriptions are subject to automatic renewal.
The subscription automatically renews at the end of each period (monthly or annual) at the rate in effect, unless cancelled by the User at least 24 hours before the renewal date.
Payment is charged to the User's Apple ID account within 24 hours before the end of the current period.
ARTICLE 5 — CANCELLATION AND WITHDRAWAL RIGHT
5.1 Cancellation Process
The User may cancel their subscription at any time from the subscription management settings of their Apple ID account:
Settings > [Apple ID] > Subscriptions > Trace Meal > Cancel Subscription
The cancellation takes effect at the end of the current subscription period. The User retains access to the service until that date.
5.2 Right of Withdrawal
In accordance with Articles L221-18 and following of the French Consumer Code, the User has a 14-day period to exercise their right of withdrawal from the subscription date.
However, in accordance with Article L221-28 of the French Consumer Code, the User expressly acknowledges waiving their right of withdrawal as soon as they begin using the service after subscription, the service being provided in digital form with immediate execution.
5.3 Refunds
Refund requests fall exclusively under Apple Inc.'s policy. The User must submit their requests directly to Apple via:
https://reportaproblem.apple.com
Trace Meal does not process any direct refund requests.
ARTICLE 6 — USER ACCOUNT
6.1 Account Creation
Use of the service requires the creation of a personal account. The User undertakes to provide accurate, complete, and up-to-date information.
The User must be at least 17 years old to use the service. Minors under 17 are not authorized to purchase a subscription.
6.2 Confidentiality of Credentials
The User is solely responsible for the confidentiality of their login credentials. Any use of the service from their account is deemed to be performed by the User.
ARTICLE 7 — USER OBLIGATIONS
The User undertakes to:
- Use the service in accordance with its purpose
- Not attempt to bypass payment or security mechanisms
- Not extract, copy, reproduce, or exploit service data for commercial purposes
- Not use the service to diagnose, treat, or prevent any medical condition
ARTICLE 8 — LIMITATION OF LIABILITY
8.1 Nutritional Disclaimer
Trace Meal provides nutritional estimates for informational purposes only. This data cannot replace the advice of a qualified healthcare professional.
The Publisher cannot be held responsible for:
- The absolute accuracy of estimates provided by artificial intelligence
- Dietary, nutritional, or medical decisions made by the User based on the information provided
- Health consequences resulting from the use of the service
The User is invited to consult a doctor, nutritionist, or dietitian before undertaking any weight management program.
8.2 Service Availability
The Publisher endeavors to ensure the availability of the service 24/7. However, the Publisher cannot be held responsible for interruptions related to:
- Maintenance operations
- Third-party technical failures (networks, hosting providers, Apple services)
- Force majeure events
8.3 Liability Cap
In any event, the Publisher's total liability to the User shall not exceed the amounts actually paid by the User for the subscription during the last 12 months.
ARTICLE 9 — INTELLECTUAL PROPERTY
All elements composing the Trace Meal service (trademarks, logos, interfaces, content, algorithms) are the exclusive property of the Publisher or its partners and are protected by applicable intellectual property laws.
Any unauthorized reproduction, representation, modification, or exploitation is strictly prohibited and subject to prosecution.
ARTICLE 10 — PERSONAL DATA
The processing of User personal data is governed by the Trace Meal Privacy Policy, accessible on the application website.
ARTICLE 11 — MODIFICATIONS TO TERMS
The Publisher reserves the right to modify these Terms at any time. Any substantial modification will be notified to the User by in-app notification at least 30 days before its entry into force.
Continued use of the service after the effective date of the new Terms constitutes acceptance of them.
ARTICLE 12 — TERMINATION FOR BREACH
The Publisher reserves the right to suspend or terminate access to the service in the event of serious breach by the User of their obligations, notably in cases of:
- Fraudulent use of the service
- Attempts to bypass payment mechanisms
- Behavior damaging the image or interests of the Publisher
ARTICLE 13 — APPLICABLE LAW AND JURISDICTION
These Terms are governed by French law.
Any dispute relating to the interpretation or execution of these Terms shall be brought before the competent courts of Grasse, France, subject to the mandatory provisions applicable to consumers allowing them to bring proceedings in the jurisdiction of their place of residence.
ARTICLE 14 — CONSUMER MEDIATION
In accordance with Articles L611-1 and following of the French Consumer Code, the User may use the following mediation service free of charge:
CNPM Médiation Consommation
27 avenue de la Libération
42400 Saint-Chamond
France
www.cnpm-mediation-consommation.eu
ARTICLE 15 — CONTACT
For any questions regarding these Terms:
Email: support.tracemeal@gmail.com
Postal address: Jeremy Dumesny, 103 Avenue Isola Bella, Rosella Hightower, 06400 Cannes, France