Terms of Use — FoodClone

This is a legal document, but written to be understood. If something is unclear, write to support@foodclone.ai.

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TABLE OF CONTENTS

• 1. Who we are and what FoodClone is
• 2. What FoodClone is NOT
• 3. Acceptance of these terms
• 4. Who can use FoodClone
• 5. Your account
• 6. Acceptable use and prohibitions
• 7. Critical disclaimers (S.O.S., clones)
• 8. Plans, payments, and refunds
• 9. Content you generate
• 10. FoodClone's intellectual property
• 11. Account suspension and termination
• 12. Limitation of liability
• 13. Indemnification
• 14. Modifications to these terms
• 15. Region-specific provisions
• 16. Governing law and jurisdiction
• 17. Final provisions
• 18. Contact

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1. Who we are and what FoodClone is

FoodClone is a web and mobile application for food education and wellness, focused on helping people eat better without giving up the flavors they love. We operate from Brazil and offer the service globally.

FoodClone uses artificial intelligence to:

• Clone dishes: you describe a dish you love (e.g., Big Mac, açaí, tiramisù) and our AI generates a metabolically reworked version with recalculated macros, preserving the original flavor. Each clone comes with a Taste Match (a 0–100 score of how much flavor was preserved).
• Emotional S.O.S.: tools for moments of emotional friction with food — 4-7-8 breathing, body focus, and Impulse Crossing.

All within a clear purpose: helping you eat with pleasure and health, with scientific foundation and respect for your autonomy.

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2. What FoodClone is NOT

Before moving forward, it's important to make clear what FoodClone is not:

• ❌ Not a medical service. We do not diagnose, treat diseases, or prescribe.
• ❌ Not a clinical nutrition service. We do not replace nutritionists or dietitians.
• ❌ Not therapy. FoodClone is not a substitute for a psychologist, therapist, or mental health professional.
• ❌ Not a medical device under any regulation (ANVISA RDC 657/2022 in Brazil, FDA in the US, MDR/EU in Europe).
• ❌ Not an emergency service. In any crisis — emotional, medical, or risk to life — immediately seek professional resources (list in §18 and within the app).

FoodClone is positioned as a wellness and food education service. Everything we offer is general information and support tools — never a substitute for individualized professional care.

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3. Acceptance of these terms

By creating an account, accessing, or using FoodClone, you agree to these Terms of Use and to our Privacy Policy.

If you do not agree with any part of these terms, do not use FoodClone.

Acceptance is made explicitly at the time of registration, by checking "I have read and agree to the Terms of Use and Privacy Policy." Without this acceptance, the account is not created.

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4. Who can use FoodClone

To use FoodClone, you must:

• Be 18 years of age or older, or the age of civil majority defined by your country's legislation (whichever is greater).
• Have full civil capacity under the laws of your country of residence.
• Have an internet connection and a compatible device.

Minors under 18 cannot use FoodClone, even with guardian authorization. This is a product decision, not just a legal one — S.O.S. deals with emotional eating and sensitive moments, an area where specialized human professionals are the appropriate people to support adolescents.

If we identify use by a minor, the account will be terminated and data will be handled in accordance with our Privacy Policy and applicable legislation.

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5. Your account

5.1 Creation

To create an account, you need:

• A valid email or login via Google/Apple
• A name (a nickname is acceptable)
• To accept these Terms and the Privacy Policy

You are responsible for keeping your account information accurate.

5.2 Security

You are responsible for:

• Keeping access to your email and your Google account secure — they are how you sign in to FoodClone
• Not sharing your account
• Notifying us immediately of unauthorized use (support@foodclone.ai)

Access to FoodClone happens through a sign-in link sent to your email (magic link) or through your Google account — we do not use a password of our own. FoodClone is not liable for misuse resulting from failure to protect your email or your Google account. We recommend enabling two-factor authentication with your email provider and on your Google account.

5.3 One account per person

Each person may have one account. Multiple accounts for the same person may be terminated without prior notice.

5.4 No sharing

The account is personal and non-transferable. You may not share access, sell, assign, or transfer your account to another person.

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6. Acceptable use and prohibitions

By using FoodClone, you agree not to:

1. Use for illegal purposes or to violate third-party rights
2. Attempt to access other users' accounts or restricted system areas
3. Reverse-engineer, decompile, or attempt to extract source code
4. Use bots, scripts, or automation to access the service without explicit authorization
5. Intentionally overload servers (DDoS attacks, mass scraping)
6. Publish content on the Discover feed that:
   • Promotes eating disorders, extreme restriction, "thinspo," purging, or self-destructive behaviors
   • Advocates rapid weight loss, dangerous diets, or unapproved products
   • Contains false or misleading medical information
   • Includes hate speech, harassment, or discriminatory content
   • Violates third-party rights (copyright, trademark, image rights)
   • Contains sexual or pornographic content
   • Contains spam or unauthorized advertising
7. Attempt to circumvent plan limits (Free with multiple accounts, etc.)
8. Use the service for unfair competition (training a competing model with our outputs, conducting public benchmarks without authorization)
9. Collect data from other users by any means (scraping, social engineering)

Violating these rules may result in account suspension or termination, without prior notice, with retention of amounts already paid (at FoodClone's discretion and in compliance with local legislation).

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7. Critical disclaimers (S.O.S., clones)

This section is central because FoodClone touches sensitive areas. Read carefully.

7.1 About S.O.S.

FoodClone's emotional S.O.S. offers techniques — 4-7-8 Breathing, Body Focus, and Impulse Crossing — for moments of emotional friction with food.

• ✓ S.O.S. is support, not a substitute for professional care.
• ✓ In medical or psychiatric emergencies, immediately call local emergency services (911 in the US/Canada, 112 in EU/UK, SAMU 192 in Brazil).
• ✓ S.O.S. does not monitor you in real time. We do not receive central server notifications when you are in distress. What happens on your screen stays in your individual use.

7.2 About dish clones and macros

The clones generated by AI are recipes with calculated macros. Use them as a reference, not a prescription.

• ✓ Macros are estimates. We calculate based on public nutritional databases (USDA, TACO) and our curated library. Real variations (specific ingredient brand, preparation method, portion) may alter values.
• ✓ We do not prescribe meal plans. FoodClone does not say "eat X calories per day" or "avoid Y food" — we provide options, you decide.
• ✓ Allergies and restrictions are your responsibility. You declare them in your profile; our AI tries to avoid incompatible ingredients, but final verification is yours. Always check ingredients before cooking or eating.
• ✓ Health conditions (diabetes, PCOS, lipedema, celiac disease, etc.): always consult your doctor or nutritionist before significant dietary changes. FoodClone does not replace that consultation.
• ✓ GLP-1 and similar medications: if you use them, FoodClone offers adequacy badges as reference, but clinical guidance comes from your physician.

7.3 About Taste Match

Taste Match is a 0-to-100 score that indicates how much of the original dish's flavor was preserved in the clone, according to calibrated sensory criteria.

• ✓ It is an estimate of sensory fidelity, not a guarantee.
• ✓ Flavor perception is individual. Your actual Taste Match may differ from the displayed one.

7.4 Red line

At any time of using FoodClone, if we detect unequivocal signs of risk to life (suicidal ideation, acutely destructive eating behavior), we immediately display local professional crisis resources. This applies in any plan, including Free, and does not consume usage quota.

Resources always available within the app:

• Brazil: CVV 188 · cvv.org.br
• United States / Canada: 988 Suicide & Crisis Lifeline
• European Union / Spain: 024
• Other countries: local resources based on location detection

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8. Plans, payments, and refunds

8.1 Available plans

Prices vary by market and are displayed before purchase. Values may be adjusted; changes to existing plans will be communicated with at least 30 days' notice.

8.2 Payment processor

Payments are processed by our payment provider. By subscribing, you also accept the provider's terms. We do not store card data; it resides with the provider.

8.3 Automatic renewal

Pro and Max subscriptions renew automatically at the end of the cycle (monthly or annual), using the same payment method, unless cancelled in advance.

You can cancel at any time in Settings → Subscription. Cancellation maintains access until the end of the paid cycle.

8.4 Refunds

• First 7 days after purchase: refund approved automatically upon request to support@foodclone.ai.
• 8 to 30 days: case-by-case evaluation. Generally approved when usage has been low. No rigid criteria — we seek fairness.
• After 30 days: no right to refund, except where local legislation determines a longer period (see §15).

8.5 Payment failure

If a charge fails, we will make up to 3 attempts over 7 days (with notice at each attempt). After this period without resolution, the account is automatically downgraded to Free. Your data remains intact; you can reactivate the subscription at any time.

8.6 Subscription pause

As an alternative to cancellation, we offer subscription pause for 1, 2, or 3 months (once every 12 months). During the pause, you are not charged and access is suspended.

8.7 Plan change

You can change plans at any time:

• Upgrade (Pro→Max or Monthly→Annual): applied immediately, with pro-rata charge.
• Downgrade (Max→Pro or Annual→Monthly): applied at the end of the current cycle. No partial refund.

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9. Content you generate

9.1 What "user content" is

Everything you create or share within FoodClone: descriptions of dishes you write, adjustments (refinements) you make to clones, recipes you publish on the Discover feed, notes you write at S.O.S. closure, etc.

9.2 Who owns the content

You retain ownership of your content. FoodClone does not claim possession over what you create.

9.3 License you grant us

To operate the service, you grant us a non-exclusive, worldwide, royalty-free license to:

• Store, process, and display your content within FoodClone
• Use aggregated and anonymized content to improve the service (Taste Match calibration, clone quality, etc.)
• When you publish on the Discover feed, publicly display the content to other FoodClone users

This license exists only for the time necessary for the operation of the service. When you delete content or your account, the license ends (respecting technical backups, which rotate within 30 days).

9.4 What we DO NOT do with your content

• ❌ We do not train AI models with your health data or your individual clones. Neither our models, nor those of any third party.
• ❌ We do not sell your data to third parties.
• ❌ We do not use your content in advertising without your explicit consent.
• ❌ We do not profile for discriminatory purposes (insurance, credit, employment).

9.5 Content published on the Discover feed

If you choose to publish a cloned recipe on the Discover feed, you acknowledge and accept that:

• The content will be visible to other FoodClone users
• Other users may "remix" (generate variations) from your clone, as enabled by you
• You are responsible for the published content and for any third-party claim related to it
• FoodClone may moderate, remove, or unpublish content that violates these Terms, without prior notice
• You can unpublish your content at any time (within 24h, except if already in third-party remix, which keeps the derivative)

9.6 Responsibility for content

You are solely responsible for the content you create and share. FoodClone does not pre-publish-review each piece of content (we use automated moderation + targeted human review). If you publish something that violates these Terms, it is your responsibility.

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10. FoodClone's intellectual property

10.1 Our property

The following belong to FoodClone:

• The "FoodClone" brand and logo
• The interface, design, and source code
• The Taste Match algorithm
• The curated ingredients library
• The editorial anchor recipes
• AI prompts and architectures
• All technical documentation

You may not copy, reproduce, distribute, modify, or create derivative works from these elements without written authorization.

10.2 Third-party trademarks

When FoodClone references famous dishes ("Big Mac," "Açaí Tropical," etc.), it is only to describe the user's desire — we have no partnership, endorsement, or affiliation with the mentioned brands. Trademark rights belong to their respective owners.

10.3 Copyright claims (DMCA / equivalents)

If you believe content on FoodClone infringes your copyright, send a notification to support@foodclone.ai with:

• Clear identification of the protected work
• Location of the infringing content on FoodClone (URL or description)
• Your identification and contact
• Good-faith statement that the use is unauthorized
• Your signature (digital or physical)

We investigate and respond within a reasonable timeframe.

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11. Account suspension and termination

11.1 Termination by you

You can terminate your account at any time at Settings → Privacy → Delete my account. Termination is final. Your data is removed in accordance with our Privacy Policy (PII within 24h, content within 30 days).

11.2 Suspension by us

We may suspend or terminate your account, without prior notice, if:

• You violate these Terms of Use
• We detect fraudulent or suspicious activity
• You do not pay amounts due after the dunning period (§8.5)
• Your account is inactive for more than 24 consecutive months (with prior email notice)
• By legal requirement or court order

11.3 After termination

• Your access to FoodClone ends immediately
• Your data is removed in accordance with the Privacy Policy
• Non-refundable payments remain as paid
• Clauses that by nature must survive (limitation of liability, intellectual property) continue in force

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12. Limitation of liability

Note: this section has distinct application in some jurisdictions. See §15 for specific conditions (Brazil, EU, etc.).

12.1 General principle

FoodClone is provided "as is", without warranties of fitness for specific purpose, uninterrupted performance, or absence of errors.

12.2 We are not liable for

To the maximum extent permitted by applicable law:

• Decisions you make based on FoodClone information (including clone macros, Taste Match results)
• Consequences to your physical or mental health resulting from use of the service
• Indirect damages, lost profits, or consequential damages
• Service interruptions due to force majeure, problems with third-party providers (cloud, payment, etc.)
• Content published by other users on the Discover feed
• Improper use of your account by third parties resulting from failure to secure your email or your Google account

12.3 Financial liability cap

In any case where our liability is recognized, it is limited to the amount you paid to FoodClone in the 12 months prior to the event that gave rise to it, except where applicable legislation determines a higher cap (e.g., Brazilian Consumer Protection Code in cases of defective product/service).

12.4 What we DO NOT limit

We do not exclude or limit liability for:

• Our willful misconduct or gross negligence
• Violation of personality or privacy rights demonstrably caused by us
• Other situations where applicable law prohibits limitation

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13. Indemnification

You agree to indemnify and hold FoodClone harmless (including its operators, service providers, and partners) from any claim, loss, cost, or expense (including reasonable attorney fees) arising from:

• Your violation of these Terms
• Content you have published that gives rise to third-party claims
• Your improper use of the service
• Your violation of third-party rights (privacy, intellectual property, etc.)

This clause has proportional application according to fault. It does not cover situations where liability is exclusively FoodClone's.

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14. Modifications to these terms

14.1 When we may modify

We may update these Terms to:

• Reflect changes in the service (new features, changes in plans)
• Comply with new legislation or regulation
• Correct errors, ambiguities, or inaccuracies

14.2 How we notify you

Material changes will be communicated by:

• Email to the registered address, at least 30 days in advance of the effective date (except for legal deadlines that differ by jurisdiction — see §15)
• In-app notification when you log in after the change

Minor changes (grammar, formatting, clarifications without material impact) may be made without prior notice. Versioning and changelog are always available in the public history of the Terms.

14.3 If you do not agree

If you do not agree with the changes, you may terminate your account before the effective date (Settings → Privacy → Delete my account). Continued use after the effective date represents acceptance of the new version.

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15. Region-specific provisions

This section contains provisions that prevail over the rest of these Terms when you reside in the indicated country/region. Where there is conflict, the provisions in this §15 govern for your location.

15.1 Users in Brazil

• Applicable law: Brazilian legislation, especially the Consumer Protection Code (Law No. 8,078/1990 — CDC) and the General Data Protection Law (Law No. 13,709/2018 — LGPD).
• Jurisdiction: consumer's place of residence (CDC art. 101).
• Right of withdrawal: 7 calendar days from contracting (CDC art. 49), full refund.
• Complaints: local Procon, Reclame Aqui, or consumidor.gov.br.
• Sensitive health data: treatment under LGPD art. 11. Primary legal basis: explicit consent (art. 11, I) for personalization, and protection of life (art. 11, II, "e") in risk situations.
• Prohibition: FoodClone does not share sensitive health data with third parties for economic advantage (LGPD art. 11, §4).
• DPO/Data Protection Officer: support@foodclone.ai
• ANPD: you may petition the Brazilian National Data Protection Authority at any time.

15.2 Users in Latin America (except Brazil)

Local data protection laws apply:

• Argentina: Law 25,326 on Personal Data Protection + ongoing reform. Authority: AAIP.
• Chile: Law 19,628 + new data protection law (approved 2024, in force). Authority: Agencia de Protección de Datos Personales.
• Colombia: Law 1581/2012 + Decree 1377/2013. Authority: SIC (Superintendencia de Industria y Comercio).
• Mexico: Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) + 2025 reform. Authority: INAI (in transition).
• Peru: Law 29,733 on Personal Data Protection. Authority: ANPD.
• Uruguay: Law 18,331 (considered adequate level of protection by the EU). Authority: URCDP.
• Other LATAM countries: local legislation applicable.

Common rights guaranteed across LATAM (aligned with GDPR/LGPD):

• Access to your data
• Correction of inaccurate data
• Erasure ("right to be forgotten")
• Portability
• Objection to processing
• Withdrawal of consent

To exercise any right, write to support@foodclone.ai indicating your location. We respond within 15 business days.

15.3 Users in the United States

• Applicable law: state privacy laws where applicable (CCPA/CPRA in California, VCDPA in Virginia, CPA in Colorado, CTDPA in Connecticut, and other state laws as they come into force).
• HIPAA: does not apply to FoodClone. We are not a covered entity or business associate. Our services are wellness/education, not healthcare.
• CCPA (California): California users have additional rights:
  • Right to Know: which data we collect
  • Right to Delete: request deletion
  • Right to Opt-Out: we do not sell your data, so this right is always "active" on FoodClone
  • Right to Non-Discrimination: exercising rights does not result in penalty
• COPPA: FoodClone is restricted to 18+. We do not collect data from minors. If we identify use by a minor, the account is terminated and data removed.
• Refunds: aligned with §8.4 of the main body.

15.4 Users in Canada

• Applicable law: PIPEDA (Personal Information Protection and Electronic Documents Act, federal) + provincial laws (Law 25 of Quebec, PIPA in British Columbia and Alberta).
• Official languages: support in English and French when requested. (French version of the Terms available upon request during initial transition.)
• CASL (Canada's Anti-Spam Legislation): you consent to receive commercial communications by accepting our communication settings. You may revoke at any time at Settings → Communications.
• Quebec Law 25: if you reside in Quebec, you have additional rights to automated portability and the right to know when automated decisions are made about you.

15.5 Users in the United Kingdom

• Applicable law: UK GDPR + Data Protection Act 2018.
• Authority: ICO (Information Commissioner's Office). You may complain directly at ico.org.uk.
• Data subject rights: equivalent to EU GDPR (§15.6).
• Age-Appropriate Design Code (ICO): FoodClone is 18+, so not applicable.
• Cookies: consent under PECR (Privacy and Electronic Communications Regulations).

15.6 Users in the European Union (including Spain)

• Applicable law: GDPR (EU Regulation 2016/679) + national legislation of your country (e.g., LOPDGDD in Spain).
• Right of withdrawal: 14 days from contracting, under Directive 2011/83/EU — full refund.
• GDPR rights guaranteed:
  • Access (Art. 15)
  • Rectification (Art. 16)
  • Erasure (Art. 17)
  • Restriction (Art. 18)
  • Portability (Art. 20)
  • Objection (Art. 21)
  • Not subject to automated decision (Art. 22)
• DPO: support@foodclone.ai
• International data transfer: your data may be processed on servers outside the EU (Supabase EU region is prioritized, but some operations may use the US under SCC — Standard Contractual Clauses).
• EU Data Act (Regulation 2023/2854): since 12 September 2025, you have additional rights to portability and migration to another provider without barriers. Cancel the subscription with notice of at most 2 months (on FoodClone, it is immediate — only access continues until end of paid cycle).
• National authority: AEPD in Spain (aepd.es), CNIL in France, BfDI in Germany, etc.

15.7 Other countries

If you use FoodClone from a country not listed above:

• These Terms apply under Brazilian legislation (see §16), with reservation of irrevocable consumer and data protections of your country of habitual residence.
• You are responsible for verifying the legality of FoodClone use in your country.
• Local crisis resources are displayed in the app according to location detection.

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16. Governing law and jurisdiction

16.1 Governing law

These Terms are governed by the laws of the Federative Republic of Brazil, with the reservations and adaptations of §15 according to your country of residence.

16.2 Jurisdiction

• Users in Brazil: consumer's place of residence (CDC art. 101).
• Users in other jurisdictions: the city of São Paulo, Brazil, except where local legislation requires irrevocable local jurisdiction (consumers in the EU, UK, Canada, and part of LATAM countries have the right to local jurisdiction that cannot be contractually waived).

16.3 Dispute resolution

We always seek amicable resolution first. Before any legal action, we recommend:

1. Contact our support: support@foodclone.ai (response within 48h)
2. Escalation to legal: support@foodclone.ai (response within 10 business days)
3. Extrajudicial mediation or conciliation, where applicable

We do not use compulsory private arbitration. You have the right to seek the courts of your country under local legislation.

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17. Final provisions

17.1 Severability

If any provision of these Terms is deemed invalid or unenforceable by a competent court, the remaining provisions remain in force. The invalid provision will be interpreted in the manner closest to the original intent, within what is permitted by law.

17.2 No waiver

The fact that FoodClone does not exercise a right provided in these Terms does not mean waiver of that right. We may exercise it at any time, according to circumstances.

17.3 Assignment

You may not assign rights or obligations of these Terms to third parties without our written authorization. FoodClone may assign these Terms to a legal successor (e.g., in case of incorporation, acquisition, or corporate reorganization), with notice to users.

17.4 Entire agreement

These Terms, together with the Privacy Policy and any referenced documents (Health Disclaimers, Community Guidelines), constitute the entire agreement between you and FoodClone, and replace any prior communications or agreements on the same subject.

17.5 Communications

Official communications between you and FoodClone are made by:

• Registered email in your account (change notifications, support, etc.)
• In-app notifications (banners, modals)
• Physical address: available upon request to support@foodclone.ai for formal legal matters

17.6 Language

This document is canonical in Brazilian Portuguese (PT-BR). We provide translations to English (EN-US) and Spanish (ES-ES) for convenience.

In case of divergence between versions, the PT-BR version prevails.

17.7 Accessibility

These Terms are available in accessible format for screen readers and may be requested in printed format at support@foodclone.ai.

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18. Contact

18.1 Contacts by subject

18.2 Crisis resources (always available in the app)

18.3 Identification of the operator

FoodClone is operated by:

João Guilherme Freitas Franco CPF: 325.696.038-30 City of São Paulo, SP, Brazil

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Version history

Complete change history available at foodclone.ai/terms/changelog.

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Effective date: [PRODUCT LAUNCH DATE]

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This is an English translation provided for convenience. In case of divergence between versions, the original Brazilian Portuguese (PT-BR) version prevails.