Terms of Service

1. Agreement to Terms

By accessing or using Noted ("Noted", "Service", "we", "us", or "our"), a product of Coda Tech LLC, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you do not have permission to access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

Ownership Note: The whiletruelove.com website is owned and operated by Coda Tech LLC, a legally registered entity.

2. Description of Service

Noted is a mobile application that provides:

• Calorie and nutrition tracking and logging.
• AI-powered food recognition from photos.
• Progress tracking toward health and nutrition goals.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice.

3. Account Registration and Data Storage

A. Account Creation

To use Noted, you must create an account. You acknowledge that Noted uses Sign in with Apple for authentication. We do not store or manage your passwords.

B. Age Requirement

You must be at least 13 years old to create an account and use the Service. We reserve the right to refuse service or terminate accounts at our sole discretion.

C. Data Storage

You acknowledge and agree that your personal food logs, health metrics (like weight), and meal photos are stored locally on your device or in your private iCloud container, and are not stored on Coda Tech LLC’s central servers.

4. Subscriptions and Billing (Apple Pay)

A. General

The Service may offer paid Subscriptions processed through the Apple App Store ("Apple"). These purchases are subject to Apple’s terms and conditions.

B. Billing

You agree to pay the Subscription fees. All billing and transaction details are handled by Apple. We do not collect or store your credit card details or billing information.

C. Automatic Renewal and Cancellation

Subscriptions renew automatically unless canceled at least 24 hours before the end of the current billing period. To avoid charges, you must manage or cancel your Subscription directly through your Apple ID Account Settings.

5. Acceptable Use

You agree to use Noted only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable local, national, or international law.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Attempt to gain unauthorized access to the Service or its related systems or networks.

6. Intellectual Property

All intellectual property rights in the Service (including software, technology, content, and the "Noted" name) are owned by Coda Tech LLC. You are granted a limited, non-exclusive, non-transferable license to use the Service on your personal device solely for its intended purpose.

7. Health and AI Disclaimers

A. Not Medical Advice

The Service is a tool designed for food tracking and informational purposes only. It is not intended as, and should not be used as, a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare professional with any questions you may have regarding a medical condition or diet plan.

B. AI Accuracy

The Service uses Artificial Intelligence (AI) to process meal photos and estimate nutritional information. The calorie and nutrient estimations are approximations and are not guaranteed to be 100% accurate. You are solely responsible for evaluating the accuracy and appropriateness of the data before relying on it for health decisions.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Coda Tech LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service.
• Any conduct or content of any third party on the Service.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles.

10. Dispute Resolution

A. Binding Arbitration

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the commercial rules of the American Arbitration Association, except where prohibited by law.

B. Waiver of Class Actions

You and Coda Tech LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You waive the right to participate in class actions or class arbitrations.

11. Termination

We may terminate or suspend your account immediately, without prior notice or liability, if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

12. Miscellaneous

A. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by: posting the new Terms on this page, updating the "Effective Date," and, where appropriate, sending an email notification to registered users. Your continued use of the Service after changes constitutes acceptance of the new Terms.

B. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

C. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Coda Tech LLC regarding the use of the Service.

13. Contact Information

For questions about these Terms of Service or to submit a legal notice, please contact us at:

Coda Tech LLC
Email: codatech@icloud.com
Website: www.whiletruelove.com