Welcome to FoodGong. These Terms of Service ("Terms") govern your access to and use of FoodGong's websites, applications, software, content, features, and related services (collectively, the "Service"). The Service is provided by FoodGong, Inc., a Delaware corporation ("FoodGong," "we," "us," or "our"). Please read these Terms carefully.
IMPORTANT NOTICE. BY CREATING AN ACCOUNT, CLICKING TO ACCEPT THESE TERMS, OR OTHERWISE ACCESSING OR USING FOODGONG, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY. THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER (SECTION 24). EXCEPT AS OTHERWISE PROVIDED BELOW, DISPUTES BETWEEN YOU AND FOODGONG WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT. If you do not agree to these Terms, you may not access or use the Service.
FoodGong is a food intelligence and decision-support service designed to help users analyze and better understand food-related information. Depending on the features available to you, FoodGong may allow you to photograph or upload a menu; upload images, screenshots, or PDF documents; submit restaurant or recipe links; ask food-related questions by text or voice; create personal, family, or group food profiles; identify dietary preferences or restrictions; identify ingredients or food items you wish to avoid; provide information about allergies or other health-related food considerations; analyze menus and food information using artificial intelligence and automated technologies; receive informational results such as Safe, Ask, Avoid, or similar guidance; and compare food or menu options against information you provide to FoodGong.
FoodGong may modify, add, remove, or discontinue features from time to time.
FOODGONG IS NOT A MEDICAL SERVICE. The Service does not provide medical advice, medical diagnosis, medical treatment, professional dietary advice, or professional nutritional advice; a guarantee that any food is safe; a guarantee that a food does not contain a particular ingredient or allergen; or a guarantee that a restaurant's preparation methods are accurate or unchanged.
FoodGong's analysis is generated from information available to the Service, which may include menu descriptions, images, PDFs, restaurant or recipe information, ingredient information, information submitted by users, publicly available information, third-party information, and AI-generated analysis. That information may be incomplete, outdated, inaccurate, ambiguous, or unavailable. FoodGong cannot determine or guarantee the absence of cross-contact or cross-contamination.
Restaurants and food providers may change ingredients, recipes, suppliers, preparation methods, cooking methods, and cross-contact practices without FoodGong's knowledge. If you have a severe allergy, medical condition, or other health concern, you should confirm relevant information directly with the restaurant, food provider, manufacturer, or an appropriate qualified healthcare professional before consuming food.
You are solely responsible for your food and dining decisions. If you believe you are experiencing a medical emergency, seek emergency medical assistance immediately.
You must be at least 18 years old to create and independently manage a FoodGong account. By using the Service, you represent and warrant that (1) you are legally capable of entering into these Terms; (2) you are at least 18 years old; (3) you have not previously been suspended or removed from FoodGong for violating these Terms; and (4) your use of the Service complies with applicable laws and regulations.
A parent or legal guardian may use FoodGong to create or manage information relating to a child or another individual only where they have the legal authority or appropriate permission to do so. If you use FoodGong on behalf of a business, organization, family, or other group, you represent that you have authority to accept these Terms on behalf of that entity or group.
Certain features require you to create an account. You may register using supported authentication methods, which may include Google sign-in; email authentication; email or SMS one-time-password authentication; or password-based authentication.
You agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials; restricting access to your account; activities occurring through your account; and promptly notifying FoodGong if you believe your account has been accessed without authorization.
You may not share your account credentials with unauthorized persons; impersonate another person; create an account using false information; or attempt to access another user's account without authorization. FoodGong may suspend or secure an account when we reasonably believe unauthorized access, fraud, abuse, or a security issue has occurred.
FoodGong may offer features that allow you to create or manage profiles for family members, household members, or other individuals. These profiles may include information such as food allergies, dietary restrictions, food preferences, ingredients to avoid, and other food or health-related considerations.
If you provide information about another person, you represent that you have the authority or appropriate permission to provide and manage that information. You are responsible for managing access to profiles associated with your account. FoodGong is not responsible for unauthorized access caused by your sharing of account credentials or your granting access to another person.
FoodGong may offer free features and paid subscription plans. The features, limits, pricing, and benefits associated with a particular plan will be described at the time of purchase or on the applicable FoodGong pricing page. We may change available plans, features, usage limits, pricing, and subscription benefits from time to time. Any price changes applicable to an existing subscription will take effect after advance notice where required by applicable law. Promotional pricing may be subject to additional terms.
FoodGong uses Stripe and other authorized payment providers, where applicable, to process payments. When you purchase a paid subscription, you authorize FoodGong and its payment processors to charge the payment method you provide for subscription fees, applicable taxes, and other authorized charges.
If you purchase a subscription that renews automatically, your subscription will automatically renew at the end of each billing period unless you cancel it before the applicable renewal date. You authorize recurring charges until cancellation. The amount, billing frequency, and features of your subscription will be presented to you when you purchase the subscription.
You may cancel your subscription using the cancellation method made available through your FoodGong account, Stripe-supported billing tools, or another method provided by FoodGong. Unless otherwise required by applicable law, cancellation prevents future renewal charges, and you may continue to access paid features through the end of the current paid billing period.
Paid plans are covered by our 30-day money-back guarantee. Refunds and cancellations are governed by our Refund & Cancellation Policy, which is incorporated into these Terms. Except as provided in that policy or required by applicable law, fees already paid are non-refundable after the 30-day guarantee window.
If a payment cannot be processed, FoodGong may retry the payment; request updated payment information; suspend access to paid features; or cancel the applicable subscription.
"User Content" means content you submit, upload, transmit, or otherwise provide through FoodGong, which may include menu photographs, food photographs, screenshots, PDF documents, recipe information, restaurant links, text, voice input, questions, feedback, and other submitted information.
You retain ownership of any intellectual property rights you have in your User Content. However, by submitting User Content, you grant FoodGong a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, process, analyze, convert, format, transmit, and otherwise use your User Content solely as reasonably necessary to (1) operate and provide the Service; (2) process your requests; (3) generate requested FoodGong results; (4) maintain and secure the Service; (5) improve and troubleshoot the Service; and (6) comply with legal obligations.
This license ends when your User Content is deleted, subject to reasonable periods required for backups, security systems, legal obligations, or other purposes described in our Privacy Policy. FoodGong does not claim ownership of your menus, photographs, documents, or other User Content merely because you submit them to the Service.
You represent and warrant that you own the User Content you submit or have the necessary rights to submit it; that your submission and FoodGong's processing of the content as described in these Terms will not violate another person's rights; that your User Content does not contain unlawful material; and that you have obtained any required permissions relating to information about another person.
You may not use FoodGong to upload or distribute content that infringes intellectual property rights; violates privacy rights; is unlawful or fraudulent; contains malicious software; is abusive, threatening, or harassing; or violates applicable law. FoodGong may remove or restrict access to User Content that we reasonably believe violates these Terms or applicable law.
FoodGong uses artificial intelligence and other automated technologies to analyze information submitted to the Service. AI-generated results may include food analysis, ingredient analysis, menu interpretation, personalized comparisons, potential food conflicts, suggested questions to ask a restaurant, and Safe, Ask, Avoid, or similar classifications.
AI systems can make mistakes. FoodGong does not guarantee that any AI-generated result is accurate, complete, current, error-free, or appropriate for your particular circumstances. You agree not to rely on FoodGong as the sole source of information when making decisions involving severe food allergies, anaphylaxis, medical conditions, prescription dietary requirements, or other situations where an incorrect food decision could result in serious harm. Where appropriate, FoodGong may recommend that you ask a restaurant, manufacturer, food provider, or healthcare professional for additional information.
FoodGong provides information to help you make more informed decisions. FoodGong does not make the final decision about what you eat. You do. Before consuming food, you are responsible for considering all relevant circumstances, including your individual health needs, your allergies or sensitivities, current ingredient information, restaurant preparation practices, cross-contact risks, and advice from qualified healthcare professionals.
A FoodGong result indicating that an item appears to be Safe, aligned with your profile, or otherwise acceptable does not mean that the item is guaranteed to be safe for you. Likewise, an Avoid or Ask result does not constitute medical advice or a definitive determination regarding a food.
If you provide FoodGong with suggestions, comments, ideas, or feedback regarding the Service ("Feedback"), you grant FoodGong a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use that Feedback for any lawful purpose, including improving the Service and developing new features. This does not mean that FoodGong acquires ownership of personal information contained in your Feedback. Personal information will be handled in accordance with our Privacy Policy.
FoodGong and its licensors own the Service, including software, designs, user interfaces, branding, logos, graphics, text, technology, databases, AI workflows, FoodGong-generated content, and other materials made available through the Service. These materials are protected by intellectual property and other applicable laws.
Subject to your compliance with these Terms, FoodGong grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or authorized internal purposes. Except as expressly permitted by these Terms or applicable law, you may not copy or reproduce the Service; sell or commercially exploit the Service; reverse engineer the Service; attempt to extract source code; circumvent security or access controls; scrape or systematically extract data from the Service; or use FoodGong's trademarks without permission.
FoodGong may process or link to information from third parties, including restaurants, recipe websites, food providers, manufacturers, and other websites or services. FoodGong does not control third-party services. We do not guarantee the accuracy of third-party information; the availability of third-party services; the safety of products or food offered by third parties; or that third-party information is current. If you visit a third-party website or purchase food or services from another company, your relationship with that third party is governed by that party's applicable terms and policies.
You agree not to (1) use FoodGong for an unlawful purpose; (2) violate applicable laws or regulations; (3) attempt to gain unauthorized access to the Service; (4) interfere with FoodGong's infrastructure; (5) introduce viruses, malware, or harmful code; (6) circumvent security measures; (7) reverse engineer the Service except where prohibited by applicable law; (8) scrape, crawl, harvest, or systematically collect information from the Service without authorization; (9) use automated systems to access the Service in a manner that creates unreasonable load or interferes with its operation; (10) impersonate another person; (11) use another person's account without authorization; (12) submit content that infringes intellectual property or privacy rights; (13) interfere with another user's use of the Service; (14) resell or commercially exploit access to FoodGong without authorization; or (15) attempt to assist another person in violating these Terms.
You may stop using FoodGong at any time. FoodGong may suspend or terminate your access to the Service if we reasonably believe that you violated these Terms; you engaged in fraud or abuse; your use presents a security risk; we are required to do so by law; or continued access could harm FoodGong, other users, or third parties. We may also modify or discontinue features of the Service.
Upon termination, your right to access the Service ends; you remain responsible for any outstanding payment obligations; you may lose access to User Content associated with your account; and provisions that by their nature should survive termination will continue to apply. You may request deletion of your account in accordance with FoodGong's Privacy Policy.
FoodGong may modify the Service from time to time. We may also update these Terms. When we make changes, we may update the "Effective" date; post the updated Terms through the Service; send you an email; or provide notice through your account. If a change is material, we will provide notice where required by applicable law. Your continued use of FoodGong after the effective date of updated Terms constitutes acceptance of the updated Terms to the extent permitted by law.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODGONG DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ACCURACY; RELIABILITY; AND AVAILABILITY.
FOODGONG DOES NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE AVAILABLE; THE SERVICE WILL BE ERROR-FREE; AI RESULTS WILL BE ACCURATE; MENU INFORMATION WILL BE COMPLETE; INGREDIENT INFORMATION WILL BE CURRENT; A RESTAURANT WILL PREPARE A DISH AS DESCRIBED; A FOOD WILL BE SAFE FOR YOU; OR THE SERVICE WILL IDENTIFY EVERY ALLERGEN, INGREDIENT, CROSS-CONTACT RISK, OR HEALTH CONSIDERATION. YOUR USE OF FOODGONG IS AT YOUR OWN RISK. Nothing in these Terms excludes rights or warranties that cannot legally be excluded.
TO THE FULLEST EXTENT PERMITTED BY LAW, FOODGONG AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES DAMAGES ARISING FROM LOSS OF DATA; LOSS OF PROFITS; LOSS OF GOODWILL; PERSONAL INJURY; PROPERTY DAMAGE; OR OTHER LOSSES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, FOODGONG'S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID TO FOODGONG FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (2) US $100. Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, the limitations above apply only to the extent permitted by law.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless FoodGong, its affiliates, officers, directors, employees, contractors, and agents from claims, liabilities, damages, losses, and expenses arising from (1) your violation of these Terms; (2) your unlawful use of the Service; (3) your User Content; (4) your violation of another person's rights; or (5) your misuse of FoodGong. FoodGong may assume control of the defense of a claim subject to indemnification, and you agree to reasonably cooperate with that defense.
Your use of FoodGong is also governed by the FoodGong Privacy Policy, which explains how FoodGong collects, uses, stores, and shares personal information. The Privacy Policy is incorporated into these Terms.
By using FoodGong, you agree that we may provide communications to you electronically, including through email, the Service, your account, or other electronic methods permitted by law. These communications may include account notices, authentication messages, subscription information, service updates, security notices, and other operational communications. You may opt out of promotional emails by using the unsubscribe mechanism included in those emails. You may continue to receive important service-related communications even if you opt out of marketing communications.
FoodGong respects intellectual property rights. If you believe that content available through FoodGong infringes your copyright or other intellectual property rights, please contact us with your name and contact information; identification of the copyrighted or protected work; identification of the allegedly infringing material; information reasonably sufficient for us to locate the material; a statement that you have a good-faith belief that the use is unauthorized; and a statement that the information in your notice is accurate and that you are authorized to act on behalf of the rights holder.
Send intellectual property complaints to legal@foodgong.com. FoodGong may remove or disable access to allegedly infringing content where appropriate.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Except as otherwise provided in this Section, you and FoodGong agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your use of FoodGong, or the relationship between you and FoodGong will be resolved through binding individual arbitration, rather than in court. This includes disputes based on contract, tort, statute, fraud, misrepresentation, negligence, or any other legal theory.
Before initiating arbitration, the party seeking to resolve a dispute must first provide the other party with written notice describing the dispute. A notice to FoodGong must be sent to FoodGong, Inc. at legal@foodgong.com. The notice must include your name; the email address associated with your FoodGong account, if applicable; a description of the dispute; the facts and circumstances giving rise to the dispute; and the specific relief you are requesting. FoodGong will send any notice to you using the contact information associated with your account or another reasonable method. The parties agree to attempt in good faith to resolve the dispute informally for at least 30 days before either party initiates arbitration, unless the parties agree to extend that period.
If a dispute cannot be resolved informally, you and FoodGong agree that the dispute will be resolved by final and binding individual arbitration. The arbitration will be administered by the American Arbitration Association ("AAA"), subject to the AAA's applicable consumer arbitration rules in effect at the time the arbitration is initiated, except where those rules conflict with these Terms or applicable law. The arbitration will be conducted before a single neutral arbitrator. The arbitrator will have the authority to award any individual relief that would otherwise be available in a court of competent jurisdiction, subject to the limitations set forth in these Terms and applicable law. The arbitrator's decision will be final and binding, subject to any rights of appeal or review available under applicable law. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration agreement.
The arbitration may be conducted in person, by telephone, by video conference, or through written submissions, as determined by applicable arbitration rules, the arbitrator, and applicable law. Unless otherwise required by applicable law or agreed by the parties, the arbitration will take place in the State of Delaware. If you are an individual consumer and applicable law or AAA rules provide for a more convenient location or remote arbitration procedure, those provisions may apply.
Payment of arbitration fees and costs will be governed by the applicable AAA rules and applicable law. Nothing in these Terms is intended to require you to pay arbitration fees or costs that you would not otherwise be required to pay if you brought the same claim in court. FoodGong will comply with applicable law and applicable arbitration rules regarding the payment or advancement of arbitration fees. Each party will generally be responsible for its own attorneys' fees and costs unless applicable law or the arbitrator determines otherwise.
YOU AND FOODGONG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PARTICIPANT IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. To the fullest extent permitted by applicable law, no arbitration may be joined or consolidated with another arbitration; no arbitrator may preside over a class, collective, consolidated, or representative proceeding; no arbitrator may award relief to any person other than the individual party bringing the claim; and any relief awarded may affect only the individual claimant and may not affect other FoodGong users. YOU AND FOODGONG EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. If a court determines that applicable law prohibits enforcement of any portion of this class action waiver with respect to a particular claim or request for relief, that claim or request for relief must be severed from arbitration and may proceed in a court of competent jurisdiction, while any remaining claims will continue to be resolved through individual arbitration to the fullest extent permitted by law.
Nothing in this Section prevents either you or FoodGong from (1) bringing an individual claim in small claims court, if the claim qualifies and remains within that court's jurisdiction; (2) seeking temporary, preliminary, emergency, or permanent injunctive or equitable relief in a court of competent jurisdiction where necessary to protect intellectual property rights, confidential information, security interests, or to prevent unauthorized access to or misuse of the Service; (3) reporting a matter to a federal, state, or local government agency where applicable law permits you to do so; or (4) exercising any right that cannot legally be waived or subjected to mandatory arbitration.
You may opt out of the binding arbitration agreement in this Section. To opt out, you must send written notice to legal@foodgong.com with the subject line "Arbitration Opt-Out." Your notice must include your full name; the email address associated with your FoodGong account; your mailing address; and a clear statement that you wish to opt out of the binding arbitration agreement contained in these Terms. To be effective, FoodGong must receive your opt-out notice within 30 days after the date you first accept these Terms or first create a FoodGong account, whichever occurs first. If you properly opt out, the arbitration provisions in this Section will not apply to you, but the remaining provisions of these Terms will continue to apply. Your decision to opt out will not affect your ability to use FoodGong.
Except as specifically provided in the Class Action Waiver above, if any provision of this arbitration agreement is found to be unenforceable, that provision will be severed and the remaining provisions will remain in effect to the fullest extent permitted by law. If the entire arbitration agreement is found unenforceable, any dispute will be resolved in accordance with Section 25 below.
Except to the extent preempted by federal law, including the Federal Arbitration Act, these Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the FoodGong Service, or your use of the Service will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.
For any dispute that is not subject to arbitration, or where arbitration is determined to be unenforceable with respect to a particular claim, the exclusive venue for any legal action or proceeding will be the state or federal courts located in the State of Delaware, unless applicable law requires otherwise. You and FoodGong consent to the personal jurisdiction of those courts and waive any objection based on lack of personal jurisdiction; improper venue; or inconvenient forum. Nothing in these Terms prevents either party from seeking emergency or injunctive relief in another court of competent jurisdiction where such relief is necessary to protect intellectual property, confidential information, security, or the integrity of the FoodGong Service.
These Terms, together with the Privacy Policy and any additional terms applicable to a particular feature or subscription, constitute the entire agreement between you and FoodGong regarding the Service. You may not assign or transfer your rights under these Terms without FoodGong's written consent. FoodGong may assign these Terms in connection with a merger, acquisition, sale of assets, reorganization, or similar transaction. If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect. FoodGong's failure to enforce any provision of these Terms does not constitute a waiver of that provision. Headings are provided for convenience and do not affect interpretation.
If you have questions about these Terms or the FoodGong Service, contact us at:
FoodGong, Inc.
Email: legal@foodgong.com
For privacy-related requests: privacy@foodgong.com