ZMacros
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Terms of Service

Draft – not yet in effect. This document is being reviewed by our lawyers before ZMacros launches. Highlighted items are still to be confirmed.

Version: VERSION · Effective date: EFFECTIVE DATE Published by: LEGAL ENTITY NAME, REGISTERED ADDRESS Contact: SUPPORT CONTACT EMAIL · SUPPORT URL

The short version. ZMacros is a food, weight and activity tracker. Its numbers are estimates, not medical advice. Paid plans are bought and cancelled through the App Store or Google Play. Your data is yours; we only use it to run the app for you, and we do not sell it. Don't misuse the app or other people's data. If you are a consumer, you keep all the rights your local law gives you.

1. The agreement

1.1 These terms are a contract between you and LEGAL ENTITY NAME ("we", "us"). They cover your use of the ZMacros mobile app, its server features and any related website (together, "ZMacros").

1.2 These documents also form part of these terms:

Our Privacy Policy and Consumer Health Data Privacy Policy explain how we handle your information. They are notices, not contract terms.

1.3 You accept these terms by tapping Agree & continue in the app when you set up ZMacros, next to a link to these terms and the Privacy Policy. We record the date you accepted and which version. If you do not accept them, do not use ZMacros.

2. Who may use ZMacros

2.1 Minimum age. You must be at least 13 years old, or older where the law of your country requires it:

ZMacros is not offered in mainland China or Russia. The app enforces these rules itself. See the Children and Age Policy.

2.2 If you are 13 to 17, you may use ZMacros only with the permission of a parent or guardian, who has read these terms with you and agrees to them on your behalf where the law requires it. Before your first AI photo scan, the app asks your parent or guardian to confirm their permission. Owner's choice, pending counsel review: Option A, #614. ZMacros applies extra protections for anyone under 18. Coach connections are for adults only.

2.3 Sanctions. You confirm that you are not located in a country that is subject to a US Government embargo or that the US Government has designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.

2.4 Your account. You may hold one account, for yourself. At launch you sign in with an email address and password; you can also use ZMacros without an account, with your data kept only on your device. Keep your sign-in details secure, do not share them, and tell us at SUPPORT CONTACT EMAIL if you think someone else is using your account. Some features, such as syncing across devices, need an account. Other features work on your device without one.

3. What ZMacros is, and what it is not

3.1 ZMacros helps you record what you eat, what you weigh and what activity you do. It estimates daily calorie and macronutrient targets and energy expenditure from published equations and your own logs.

3.2 IMPORTANT HEALTH NOTICE. ZMACROS IS NOT MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, AND IT IS NOT A MEDICAL DEVICE. It does not diagnose, treat, cure, mitigate or prevent any disease or condition. IT IS NOT A SUBSTITUTE FOR A DOCTOR OR REGISTERED DIETITIAN. Its calorie and macro targets, energy and activity estimates, food data and AI photo results are ESTIMATES THAT CAN BE WRONG FOR YOU. IT CANNOT TELL YOU WHETHER A FOOD IS SAFE FOR YOUR ALLERGIES OR INTOLERANCES. If you feel unwell, stop and get medical help; in an emergency, call your local emergency number. The Health and Nutrition Disclaimer explains this in full and forms part of these terms.

3.3 Talk to a qualified professional before changing your diet, weight or exercise, and especially if you are pregnant or breastfeeding, under 18, over 65, have diabetes, heart, kidney, liver or any other medical condition, take medication that interacts with food or affects your weight or appetite, or have any history of an eating disorder or disordered eating. ZMacros deliberately refuses some settings, such as targets below recognised safety floors, and it tells you when it does. TO THE EXTENT THE LAW ALLOWS, YOU USE ZMACROS'S ESTIMATES AT YOUR OWN RISK.

3.4 Food data. Nutrition data comes partly from public databases, including Open Food Facts and USDA FoodData Central, partly from our own database, and partly from what people enter. We check it where we can, but we do not guarantee that it is accurate, complete or current. Where a nutrient is unknown, the app shows nothing rather than a zero. Check anything that matters against the label.

3.5 AI features. The photo scanner uses a third-party AI model to name the foods it sees and estimate amounts. Results are estimates to check, and nothing is added to your diary until you confirm it. The AI Features Notice explains what is sent, to whom, and the limits.

3.6 No reliance on estimates. Because every figure in ZMacros is an estimate, you agree not to rely on it as the only basis for a decision about your health, diet, medication, allergies or training. You are responsible for checking what you log and for deciding what to eat. This does not reduce any responsibility we have by law for our own negligence or for a service that is not as described.

4. Your licence to use the app

4.1 We give you a personal, non-exclusive, non-transferable, revocable licence to download and use the ZMacros app on devices you own or control, for your own non-commercial use, in line with these terms and the rules of the app store you got it from.

4.2 You may not copy, modify, distribute, sell or rent the app, or reverse-engineer or decompile it, except as the law allows despite this restriction, or as an open-source licence for a component allows.

4.3 Open-source components in the app are licensed under their own licences. LINK TO OPEN-SOURCE NOTICES.

5. Your content

5.1 What you record is yours: your diary, weights, recipes, workouts, activities, photos and notes. You give us a limited permission to host, store, copy, process and display it, only to run ZMacros for you. That includes syncing it to your devices, showing it back to you, and sharing it with a coach or anyone else if and only if you choose to. This permission ends when you delete the content or your account, apart from what the Data Retention and Deletion Policy says we keep.

5.2 We do not sell your data. We do not publish it. We do not use your photos or health data to train AI models, and we do not use them for advertising.

5.3 Shared contributions. Today nothing you record is shown to other users, apart from what you choose to share with a coach. If we add features that share contributions by design, such as suggesting a missing barcode-to-food match for the shared barcode database or publishing a custom food, the app will say so before you contribute. For those contributions only, you give us a worldwide, royalty-free, perpetual licence to use, copy, adapt and show the contribution as part of ZMacros's food data. A shared barcode match contains nothing about you; if you delete your account, your identifier is removed and the match stays. You confirm you have the right to share a contribution and that it is accurate as far as you know.

5.4 Feedback. If you send us ideas or suggestions, we may use them without paying you or owing you anything.

6. Paid plans

6.1 ZMacros is free to use. The optional ZMacros Basic and ZMacros Premium plans add the features listed on the paywall, and only those.

6.2 The terms shown at purchase are the terms. Next to the button that charges you, the app shows:

or, where a trial is offered:

You must also tick a separate box ("I understand this renews automatically until I cancel it"). The purchase button does nothing until you do.

6.3 Apple and Google are the merchant of record. They take the payment, charge tax, handle renewals, and issue refunds. You cancel in your App Store or Google Play subscription settings, and ZMacros's Settings → Subscription → Manage subscription takes you there. We cannot cancel or refund a store subscription for you. Deleting your account does not cancel your subscription.

6.4 EU, EEA and UK withdrawal right. If you are a consumer there, you have 14 days to withdraw from the purchase. You exercise it through the store's refund process. See section 7 of the Subscription and Auto-Renewal Terms.

6.5 The full rules on renewal, price changes, cancellation, refunds and regional rights are in the Subscription and Auto-Renewal Terms.

7. Acceptable use

You must follow the Acceptable Use Policy. In short: don't break the law, don't harm people, don't abuse the shared data or other people's data, don't attack or get around the app's security, limits or paywall, and don't scrape or resell our data.

8. Coaches and creators

8.1 Coaches. You can choose to connect with a coach and decide which categories of your data they can see. You can change or end that at any time, and it takes effect immediately. Coaches are independent of us: they are not our employees or agents, and we do not supervise their advice. A coach's advice is not ZMacros's advice. Coach connections are for adults only.

8.2 You must be an adult (18, or the age of majority where you live if higher) to act as a coach or creator. If you act as a coach, you must also accept the Coach Agreement, which covers identity verification, your professional responsibilities and how you may use clients' data.

8.3 Creators. If you support a creator in the app, that records an attribution only. It does not share your health data with them. If you take part as a creator, the Creator and Affiliate Program Terms apply.

8.4 Referral codes and commissions. Creators and coaches may share a referral code. [IF COMMISSIONS ARE LAUNCHED: When you subscribe after using a code, we may pay the person who referred you a share of what you pay (COMMISSION RATE). This does not change your price.] Creators and coaches who promote ZMacros must say clearly that they have a connection with us whenever they do so.

9. Suspension and termination

9.1 You may stop using ZMacros at any time and delete your account in Settings → Account → Delete account. See the Data Retention and Deletion Policy for what deletion does.

9.2 We may suspend or restrict a feature, or suspend or close your account, if you seriously or repeatedly break these terms, if the law requires it, or to protect other users or the service. We will tell you why, unless the law or a security reason prevents it, and you may ask us to review the decision by writing to SUPPORT CONTACT EMAIL.

9.3 We may stop offering ZMacros. If we do, we will give you reasonable notice (at least 30 days unless that is impossible) and a way to export your data. If you have paid for a period that we cannot provide, you may ask the store for a proportionate refund, and we will support the request.

9.4 After deletion, we keep a minimal moderation record so a decision cannot be avoided by deleting and signing up again. The privacy documents describe it.

9.5 Sections 5.3, 5.4 and 10–16 continue after this agreement ends.

10. Changes to ZMacros and to these terms

10.1 We may improve, change or remove features. If a change significantly and negatively affects a paid feature during a period you have paid for, we will tell you in advance, and you may cancel. Where the law gives you the right, you may ask for a proportionate refund.

10.2 We may change these terms for a valid reason, such as a change in the law, in the app, or in how we run it. For a material change, we will tell you in the app at least 30 days before it takes effect and show you the new version to accept. If you do not accept, you may stop using ZMacros and delete your account, and cancel any subscription in the store.

11. Availability

We try to keep ZMacros available and working, but we do not promise that it will always be available or free of faults, or that it will work with every device or operating-system version. We may pause it for maintenance or security.

12. Our responsibility to you

12.1 If you are a consumer in the EU, the EEA or the UK: we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable. We supply ZMacros for personal use, so we are not liable for business losses. Your legal rights, including those under the Consumer Rights Act 2015 in the UK and the Digital Content Directive (EU) 2019/770 as implemented in your country, are not affected.

12.2 If you are a consumer in Australia: our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies them.

12.3 Everyone else, to the extent the law allows:

12.4 Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited. That includes death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence or wilful misconduct where the law says so, and your statutory rights as a consumer. Some places do not allow some of the exclusions in 12.3, so they may not apply to you.

12.5 Apple. If you downloaded ZMacros from the App Store, and it fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent the law allows, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are our responsibility, to the extent the law does not exclude them.

13. Indemnity

This section does not apply to consumers in the EU, the EEA, the UK, Australia, Quebec, or anywhere else the law does not allow it. Elsewhere, you agree to cover our reasonable losses and costs (including reasonable legal fees) arising from a claim by a third party that is caused by your breach of these terms, your misuse of ZMacros or your content, except to the extent we caused it. We will tell you promptly about any such claim and let you take part in the defence.

14. Governing law and disputes

14.1 These terms are governed by the law of GOVERNING LAW, and disputes go to the courts of COURTS, except as follows.

14.2 If you are a consumer in the EU, the EEA, the UK or Switzerland, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in the courts of that country. We may only bring a claim against you there. EU consumers can also use the EU's out-of-court dispute resolution bodies.

14.3 If you are a consumer in Australia, Brazil, Canada (including Quebec), or any other country whose law gives you the right to sue at home or use its consumer law, nothing in this section removes that right.

14.4 If you live in the United States:

(a) Talk to us first. Before starting a claim, send a written notice to LEGAL NOTICES EMAIL with your name, account email, a description of the dispute and what you want. We will do the same. Both of us agree to try in good faith to resolve it for 60 days.

(b) Individual arbitration. If it is not resolved, either of us may start binding arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules / JAMS under its Streamlined Arbitration Rules, before one arbitrator. The Federal Arbitration Act governs this section. We will pay all filing, administration and arbitrator fees above US$ AMOUNT for a claim you bring, unless the arbitrator finds it frivolous. The arbitration may be held by video or on documents, or in the county where you live.

(c) Exceptions. Either of us may instead bring an individual claim in small claims court. Either of us may go to court for a claim about intellectual property or about unauthorised access to, or misuse of, the service. Nothing here stops you reporting a matter to a government agency.

(d) Class action waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative action, and the arbitrator may not combine claims of more than one person. If a court decides this waiver cannot be enforced for a claim or remedy, that claim or remedy (and only it) goes to court, and it is stayed until the individual arbitration ends. Public injunctive relief may be sought only in court, after the arbitration.

(e) Mass filings. If 25 or more similar claims are filed by or with the help of the same lawyers or organisation, they will be handled in stages:.

(f) Your right to opt out. You can opt out of this section by emailing LEGAL NOTICES EMAIL within 30 days of first accepting these terms, with your name, account email and a clear statement that you opt out of arbitration. Opting out does not affect anything else in these terms.

(g) Changes. If we change this section, the change will not apply to a dispute already notified, and you may reject it within 30 days by emailing us.

(h) Only the US. This section does not apply to anyone outside the United States.

15. Third-party terms

15.1 You must comply with the terms of any third party whose service you use with ZMacros, such as your mobile network, the App Store, Google Play, Apple Health or Health Connect.

15.2 Apple-specific terms. If you downloaded ZMacros from the App Store:

Questions, complaints or claims about ZMacros go to us: LEGAL ENTITY NAME, REGISTERED ADDRESS, SUPPORT CONTACT EMAIL, PHONE NUMBER.

16. General

16.1 Entire agreement. These terms and the documents in 1.2 are the whole agreement between you and us about ZMacros.

16.2 Severability. If a court finds part of these terms invalid, the rest continues.

16.3 No waiver. If we do not enforce a right straight away, we can still enforce it later.

16.4 Transfer. We may transfer this agreement to another organisation that takes over ZMacros, and we will tell you. Your rights as a consumer will not be reduced. You may not transfer your rights under these terms.

16.5 Language. These terms are written in English. If a translation conflicts with the English version, the English version prevails, where the law allows.

16.6 Events outside our control. We are not responsible for a delay or failure caused by events outside our reasonable control, such as a failure of a hosting, payment or network provider, an app-store outage, a cyber attack we took reasonable steps to prevent, a natural disaster, war, or a government action. We will tell you, try to limit the effect, and restore the service as soon as we reasonably can. If a paid feature is unavailable for a long time because of such an event, you may cancel and ask the store for a proportionate refund.

16.7 Time limit for claims. Where the law allows it, a claim about ZMacros must be brought within ONE YEAR after the claimant knew, or should have known, of it. This does not apply to consumers in the EU, the EEA, the UK, Australia or Quebec, or anywhere else it would shorten a mandatory limitation period.

16.8 Notices. We may send notices in the app or to the email address on your account.

17. Contact

LEGAL ENTITY NAME, REGISTERED ADDRESS Support: SUPPORT CONTACT EMAIL · Privacy: PRIVACY CONTACT EMAIL · Security: SECURITY CONTACT EMAIL · Legal notices: LEGAL NOTICES URL