MacroUpMACROUP TERMS OF USE
§ 1. Scope
(1) These General Terms and Conditions of Fathonic LLC, 30 N Gould St # R, Sheridan, Wyoming 82801-6317, United States (hereinafter the “Provider” or “MacroUp”), govern the use of MacroUp services on the website macroup.app (hereinafter the “Website”) and in the MacroUp mobile application (hereinafter the “App”). They apply whether the App is used free of charge or for a fee.
(2) Only these General Terms and Conditions, in the version in effect at the time of use, apply between the Provider and the user of MacroUp services (hereinafter the “User”). Other terms of the User are not recognized unless the Provider has expressly agreed to their application.
§ 2. Definitions
(1) MacroUp provides Users with a food and calorie diary that helps them track nutrition, weight, and activity when losing, maintaining, or gaining weight (hereinafter the “Services”).
(2) The User is a “Consumer” if the use or purchase of the App is not predominantly related to their business or self-employed professional activity. A “Business User” is a natural or legal person who uses the App or enters into a contract in the course of their business or professional activity.
(3) “Distribution Platform” means the Apple App Store, where the User can select and download the App.
§ 3. Use of MacroUp Services
(1) MacroUp Services may be used free of charge or for a fee. Installing the App from the App Store is free. Paid use always requires the User's separate, express consent in the App (see § 7).
(2) The App works on iPhone and iPad with a supported version of iOS.
(3) By using the Website or installing the App, the User accepts these General Terms and Conditions. The App Store terms also apply. Purchases and the App license are governed by Apple's terms, including Apple's standard Licensed Application End User License Agreement: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. In other respects, these General Terms and Conditions prevail in the event of a conflict.
(4) The User confirms that the information they provide is truthful, accurate, and up to date.
(5) The User must not circumvent technical access restrictions to use paid MacroUp Services without authorization.
(6) The User must protect their device and account against unauthorized access and misuse. Suspicious activity and possible violations must be reported to the Provider without delay at support@macroup.app.
(7) If the Provider identifies misuse by the User, it may restrict access to Services operating through the Provider's server or close the account.
(8) Only people aged 18 and over may use the App. If MacroUp learns that personal data of a person under 18 has been collected, the Provider will promptly take steps to delete it.
§ 4. Health warning
(1) The Provider is not a medical organization, and its recommendations are not medical advice. Because the use of MacroUp Services may lead to weight loss, the User is advised to consult a doctor before using the Services where appropriate to their individual circumstances. This applies particularly to Users undergoing treatment, taking prescription medication, who are pregnant or breastfeeding, or who have or have had eating disorders. The Provider recommends using MacroUp Services under medical supervision and having regular medical check-ups. No materials are intended to supplement or replace information received from a doctor or pharmacist. By accepting these General Terms and Conditions, the User acknowledges their own responsibility for their health.
(2) The Provider recommends that the User maintain their weight within the healthy adult range recommended by the World Health Organization (WHO), corresponding to a body mass index (BMI) of 18.5 inclusive to 25 exclusive. BMI is calculated as weight (kg) divided by height (m) squared.
(3) Some MacroUp features generate results using artificial intelligence (§ 16). The Provider is not a medical organization, and the AI features are not a medical professional. None of their output constitutes medical advice, diagnosis, or treatment, and the User must not rely on it instead of consulting a qualified medical professional. In an emergency, the User should contact local emergency services.
§ 5. Account
(1) The App can be used without an account. In this case, data is stored only on the User's device.
(2) The User can connect a MacroUp account through Sign in with Apple. The account is used to link the subscription. Synchronization of the diary between devices and restoration from the account are possible only if that feature is available. When synchronization is used, the local diary is merged with the account's cloud history. Photos remain on the original device and are not restored from the account. To restore a synchronized diary, the User must sign in to the same MacroUp account; restoring purchases restores the subscription separately.
(3) Entries can be saved locally without an internet connection. Synchronizing changes and deletions requires a connection to the server. Signing out preserves the account's local diary and photos but hides them until the User signs in again. “Delete Data” clears data on the current device and, when synchronization is used, also the cloud diary, while retaining the account and subscription; other devices clear the old diary the next time they connect to the server. “Delete Account” deletes the account and its cloud diary, as well as that account's local diary and photos on the current device. None of these actions cancels the App Store subscription. Details of data processing and deletion are provided in the Privacy Policy.
§ 6. Term and termination of free use
Where MacroUp Services are used free of charge, the agreement for their use may be terminated by the Provider or the User with 14 days' notice. The User may also stop using the App and delete their data in the App's settings at any time.
§ 7. Term, renewal, and cancellation of paid Services
(1) MacroUp offers MacroUp Premium subscriptions with different terms and a fee for each term, payable in advance, to use all Services (hereinafter “Premium Features”).
(2) Premium Features are purchased only through an in-app purchase in the App Store. Apple determines the purchase process. The purchase agreement is entered into under the App Store terms; those terms determine whether the agreement is between the User and Apple or between the User and the Provider.
(3) MacroUp may offer a free trial for certain subscriptions. The trial begins when the purchase is completed. Its duration and the price after the trial are shown before purchase. If the User does not cancel the subscription before the trial ends, it automatically becomes a paid subscription, and the fee is charged at the end of the trial. The trial is available only to Users who meet Apple's eligibility requirements for the offer. MacroUp may change the trial terms or stop offering it at any time.
(4) The subscription renews automatically for the same term at the current price unless the User turns off automatic renewal no later than 24 hours before the end of the current period.
(5) The subscription can be canceled at any time in the App Store settings (§ 17). After cancellation, Premium Features remain available until the end of the paid period.
(6) The right to terminate without notice for good cause remains unaffected. Good cause for the Provider exists, in particular, if the User violates applicable law or material contractual obligations. The provisions of § 10 remain applicable.
§ 8. Payment
In-app purchases are paid for through the App Store. Apple's payment terms apply. The Provider does not receive the User's bank card details.
§ 9. Price changes
The Provider may change subscription prices. A price change takes effect only from the next subscription period. The User is notified of a price increase in advance in accordance with Apple's procedures. If Apple's rules require the User's consent to a price increase, the subscription will not renew at the new price without that consent.
§ 10. Changes, suspension, and discontinuation of MacroUp Services
(1) The Provider may change its Services at any time, including temporarily or permanently changing, suspending, or discontinuing free App features, in whole or in part.
(2) The Provider notifies the User at least 30 days before a planned change, suspension, or discontinuation of paid Services.
(3) The User may cancel the subscription if a change, suspension, or discontinuation of a Service materially disadvantages them or otherwise materially disrupts the contractual balance between the parties. In this case, the User may request a refund from Apple for the unused part of the subscription (§ 17).
(4) The subscription ends if the Provider or Distribution Platform ceases to provide services or ceases business operations.
(5) These General Terms and Conditions also apply to modified Services.
§ 11. Liability for defects
(1) The Provider is liable for defects in the App in accordance with applicable law, including mandatory guarantees of conformity for digital content and digital services established for Consumers.
(2) The Provider seeks to ensure continuous, complete, and error-free availability of the App but does not guarantee it. Features operating through the Provider's server require an internet connection.
§ 12. Liability
(1) The User's claims for damages are excluded. This does not apply to claims for injury to life, body, or health; damages resulting from a breach of material contractual obligations; or liability for other damages caused by an intentional or grossly negligent breach of obligations by the Provider, its legal representatives, or persons engaged to perform its obligations. Material contractual obligations are obligations whose performance is necessary to achieve the purpose of the contract.
(2) In the event of a breach of material contractual obligations through ordinary negligence, the Provider is liable only for typical, foreseeable damages, unless the claim is based on injury to life, body, or health.
(3) The limitations in paragraphs (1) and (2) also apply in favor of the Provider's legal representatives and persons engaged by it if claims are made directly against them.
§ 13. Right of withdrawal
MacroUp subscriptions are purchased only through the App Store. If the User is a Consumer residing in the EU, EEA, or United Kingdom, they may withdraw from the purchase within 14 days in accordance with Apple's procedures: https://reportaproblem.apple.com/. Mandatory Consumer rights under the law of their country of residence remain unaffected.
§ 14. Dispute resolution
Questions and complaints about the use of MacroUp can be sent to the Provider at support@macroup.app.
§ 15. Final provisions
(1) Contracts between the User and the Provider are governed by the law of the State of Wyoming, USA, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and mandatory rules, particularly those of the Consumer User's country of habitual residence, remain unaffected.
(2) If the User is a Business User, the venue for all disputes arising from contractual relationships between the User and the Provider is the Provider's place of business.
(3) If individual provisions are invalid, the remainder of the contract remains effective. Statutory provisions replace the invalid provisions.
(4) MacroUp's General Terms and Conditions are available in several languages. The English version is the original; in the event of disputes, misunderstandings, or inconsistencies, it prevails over translations.
§ 16. AI features
(1) MacroUp Services include features whose results are generated automatically by artificial intelligence: food recognition from photos and descriptions and the translation of food names (hereinafter “AI Features”).
(2) The results of AI Features are generated automatically and are not reviewed by a human before they reach the User. They may be inaccurate, incomplete, or unsuitable for the User's individual circumstances. THE USER ACKNOWLEDGES AND AGREES THAT ANY USE OF THE RESULTS OF AI FEATURES IS AT THEIR OWN RISK AND THAT THEY WILL NOT RELY ON THESE RESULTS AS THE SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. The health warning in § 4 applies in full. The User checks and, where necessary, corrects the result before saving it.
(3) To operate AI Features, the Provider sends data entered by the User to external AI service providers, which process it on the Provider's behalf to generate the result. Details, including how to obtain information about providers and the safeguards applied, are provided in the Privacy Policy: https://macroup.app/privacy
(4) When using AI Features, the User must not:
(a) rely on them for medical, diagnostic, psychological, or pharmacological advice or use them to diagnose, treat, or alleviate a health condition, including to determine the presence of allergens; (b) attempt to bypass their instructions or safety rules or prompt them to generate content that violates these General Terms and Conditions or applicable law; (c) provide another person's personal data or materials that the User is not entitled to provide.
(5) The Provider may change, restrict, suspend, or discontinue any AI Feature in accordance with § 10, including where necessary to comply with applicable law or protect Users. The liability limitations in § 12 apply to AI Features.
§ 17. Subscription cancellation and refunds
(1) Subscriptions purchased through the App Store are paid for and managed by Apple. They renew automatically until the User turns off automatic renewal.
(2) Subscriptions can be canceled only through the App Store: “Settings” → your name → “Subscriptions” → MacroUp → “Cancel Subscription”. To avoid the next charge, automatic renewal must be turned off no later than 24 hours before the current period ends. Apple's instructions: https://support.apple.com/118428
(3) Because Apple processes payments, the Provider cannot issue refunds itself. Apple handles refund requests under its own rules: https://reportaproblem.apple.com/. The mandatory Consumer rights described in § 13 remain unaffected.
(4) Deleting the App, deleting data, or deleting the account does not cancel the subscription or stop charges.
(5) A price change applies only from the next renewal (§ 9).
PROVIDER DETAILS
Support: support@macroup.app Fathonic LLC 30 N Gould St # R, Sheridan, Wyoming 82801-6317, United States Registered in the State of Wyoming, USA