Effective Date: October 25, 2025
Last Updated: October 25, 2025
1.1 These Terms & Conditions (“Terms”) form a legally binding contract between you and Incision, Inc. (“Company,” “we,” “our,” or “us”) governing your download, installation, or use of the Superfood AI mobile and web applications (collectively, the “App”) and related services (the “Service”).
1.2 By creating an account, clicking “I Agree,” or otherwise accessing the Service, you accept these Terms. If you do not agree, do not use the Service.
2.1 You must be at least 13 years old (or older if required by local law) to use the Service. If you are 13–17 years old, a parent or legal guardian must consent consistent with applicable law (including COPPA where applicable).
2.2 Residents of jurisdictions where the Service is prohibited may not use it. You represent that you are not barred from using the Service under applicable law.
3.1 The Service allows users to capture or upload images of foods/meals; artificial-intelligence models estimate nutritional values (e.g., calories, macronutrients, fiber, glycemic load) and may identify potentially beneficial or harmful compounds.
3.2 Estimates & limitations. AI outputs can be inaccurate or incomplete. Portion size, preparation, ingredients, cross-contamination, and individual variability can materially change nutritional values, allergens, glycemic responses, or compound presence. You must independently verify any critical information (including allergens and contraindications).
3.3 Not a medical device. The Service is not a medical device and does not diagnose, cure, treat, or prevent any disease. The Service has not been evaluated by the U.S. Food and Drug Administration (FDA) or equivalent regulators.
3.4 We may modify, suspend, or discontinue any feature or the entire Service at any time, with or without notice, to the extent permitted by law.
4.1 The Service provides educational and informational content only. It is not a substitute for professional medical, nutritional, or dietary advice, diagnosis, or treatment.
4.2 Always seek the advice of a physician, dietitian, or other qualified health provider before making any changes to diet, exercise, medication, or treatment plans. Never disregard professional advice or delay seeking it because of information you obtained through the Service.
4.3 If you have (or suspect you have) a medical emergency, call your local emergency number immediately.
4.4 The Service is not intended for individuals with conditions requiring medically supervised nutrition (including but not limited to diabetes management, eating disorders, pregnancy-related dietary needs, severe allergies, or renal/hepatic conditions). If you use the Service in such contexts, you agree you do so under the guidance of a qualified professional.
4.5 Allergy & food safety notice. The Service cannot reliably detect allergens or contamination from images. Always check labels and consult the food preparer.
5.1 You must provide accurate, current, and complete information and keep it updated.
5.2 You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of unauthorized use.
6.1 “User Content” means images, data, text, feedback, or other material you upload or submit.
6.2 Ownership. You retain ownership of your User Content.
6.3 License to operate the Service. You grant Incision, Inc. a worldwide, non-exclusive, transferable, sublicensable (to our service providers and Model Providers), royalty-free license to host, process, reproduce, and display User Content solely to provide, maintain, protect, troubleshoot, and improve the Service, as described in our Privacy Policy.
6.4 Model improvement. We may use de-identified or aggregated data to improve our models and features. Where required by law or by platform policy, we will provide opt-out controls.
6.5 You represent and warrant you have all necessary rights to User Content and that it does not infringe third-party rights or violate law, including privacy and publicity rights. Do not upload images of others without consent, or images of minors without parental consent.
7.1 We integrate third-party services (e.g., cloud hosting, analytics, payments, crash reporting). Their terms and privacy practices may apply; we do not control them and are not responsible for their acts or omissions.
7.2 Model Providers. “Model Providers” means external AI inference or analytics providers engaged by Incision to deliver the Service. We may change Model Providers over time. Details about current Model Providers, categories of data shared, purposes, and retention are described in our Privacy Policy and our Subprocessors List.
7.3 To generate outputs, we may transmit User Content to Model Providers. Such providers may process and temporarily retain data to operate and secure their services. See our Privacy Policy for details and choices.
7.4 No HIPAA. We are not a “covered entity” or “business associate” under HIPAA, and the Service is not designed to store “protected health information.” Do not submit PHI to the Service.
8.1 Scans per day. Accounts on the Superfood Pro plan are limited to 20 scans per day by default.
8.2 Adjustments. We may modify, throttle, or suspend usage limits (per-minute, per-day, per-month, or per-feature) at our discretion to maintain Service quality, prevent abuse, or comply with third-party limits. Current limits may be displayed in-app and are incorporated by reference.
8.3 Abuse. You may not circumvent rate limits (e.g., via multiple accounts, automation, or reselling).
9.1 Pricing, billing period, renewal, and cancellation terms are displayed in-app and incorporated by reference. Where required by the Apple App Store or Google Play, their respective billing and refund procedures apply.
9.2 Trials convert to paid plans unless cancelled before the trial ends.
9.3 We may change prices or introduce new charges with prior notice as required by law; changes take effect at the next billing cycle unless otherwise stated.
You agree not to:
• upload unlawful, obscene, defamatory, or infringing material;
• upload content that contains PHI, financial data, or others’ personal data without lawful basis and consent;
• reverse-engineer, decompile, or attempt to access source code;
• scrape, harvest, or use automated means not expressly permitted;
• interfere with or disable security or integrity features;
• use the Service for benchmarking, model training outside the Service, or to build competing models/services;
• violate any law or third-party rights.
The Service (including software, models, and trademarks) is owned by Incision, Inc. or its licensors and is protected by intellectual-property laws. Except for the limited rights expressly granted, no rights are granted, and all rights are reserved.
If you provide feedback or suggestions, you grant Incision, Inc. a perpetual, irrevocable, worldwide, royalty-free license to use and exploit them without restriction or compensation.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESULTS. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCISION, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED (A) USD $100 OR (B) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. Some jurisdictions do not allow certain limitations—those limitations will apply to the maximum extent permitted.
You will indemnify and hold harmless Incision, Inc. from any losses, damages, liabilities, claims, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your User Content; or (c) your violation of law or third-party rights.
16.1 U.S. residents. These Terms are governed by the laws of the State of Washington, excluding conflict-of-law rules. Mandatory arbitration. Any dispute will be resolved by binding arbitration administered by JAMS under its Commercial Arbitration Rules in King County, Washington. Either party may bring an individual action in small-claims court. Class-action waiver. Disputes must be brought only on an individual basis and not as a plaintiff or class member in any class, consolidated, or representative action.
16.2 Arbitration opt-out. You may opt out of the arbitration/class-action waiver by sending written notice to the address in Section 20 within 30 days after you first accept these Terms; otherwise, the waiver applies.
16.3 EU/EEA residents. You may invoke mandatory consumer protections in your member state. Nothing in these Terms limits statutory rights under EU consumer law. Where permitted, disputes may be brought before your local courts. You may access the EU’s ODR platform if applicable.
If you believe content infringes your rights, send a notice with details (including your contact information, identification of the work and allegedly infringing material, and a statement under penalty of perjury) to the contact in Section 20. We may remove content and/or terminate repeat infringers.
We may suspend or terminate your access immediately for any violation of these Terms, risk to the Service or users, non-payment, or as required by law. You may stop using the Service at any time. Certain sections survive termination (including 4, 7, 8.2–8.3, 11–16, 17–21).
We may update these Terms by posting revised versions in-app and providing at least 30 days’ advance notice where required. Your continued use after the effective date constitutes acceptance.
Incision, Inc.
548 Market St PMB 57188
Email: superfoodai.contact@gmail.com
Phone: (254) 256-4060
21.1 Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
21.2 Assignment. You may not assign these Terms without our prior written consent; we may assign them without restriction.
21.3 Entire agreement. These Terms (and any referenced policies) are the entire agreement between you and us regarding the Service and supersede prior agreements.
21.4 Export controls & sanctions. You represent you are not located in, under control of, or a national/resident of any embargoed country or prohibited party list, and you will comply with applicable export control and sanctions laws.
21.5 Platform terms. If you download the App from the Apple App Store or Google Play, you acknowledge the relevant platform’s terms apply in addition to these Terms, and that the platform is not responsible for support or legal claims beyond what its terms require.
21.6 Electronic communications. You consent to receive notices and communications electronically (e.g., in-app, email).