User Agreement | FoodDuck AI

1. General Provisions

This User Agreement is the Contractor's proposal to use FoodDuck AI under the rules set out below. The Agreement does not require bilateral signing and is valid electronically.

The User confirms that, before using the Service, they have read these Terms, understand their meaning, and accept them in full and without reservations.

If the User does not agree with these Terms, the User must stop using the website, the Telegram bot, and the paid FoodDuck AI functions.

By taking actions in the Service, the User confirms that they have the required legal capacity or act with the consent of their legal representative.

2. Terms and Definitions

Agreement - this document with all amendments, supplements, and related mandatory documents, including the Personal Data Processing Policy and the Public Offer.
FoodDuck AI, Service, or bot - the Telegram bot and related website pages intended for informational AI analysis of photos of meals, food products, packages, ingredients, and other materials submitted by the User.
Contractor - the person providing the User with access to the Service and listed in the Contractor Details section of these Terms.
User - an individual who starts the Telegram bot, submits materials for analysis, selects a plan, pays for paid access, or otherwise uses the Service.
Account - the User's Telegram account through which the User interacts with the bot. Actions made through that account are deemed to be the User's actions.
Request - a photo, image, caption, text message, or other material submitted by the User to the Service for analysis.
Analysis or Analysis Result - an automatically generated informational response of the Service to the User's Request.
Plan - a set of limits, queue priority, validity period, processing quality, and other access conditions for the Service: FREE, LIGHT, or PRO.

3. Subject of the Terms

This Agreement defines the general conditions for Users to use the Service, including material submission rules, informational analysis limitations, support requests, and the refund policy.

The Contractor provides the User with access to the FoodDuck AI Service, and the User uses the Service under these Terms and, when selecting a paid plan, pays for the relevant access.

The Service is intended to provide informational AI analysis of photos of meals, food products, packages, and ingredients, including an approximate estimate of calories, proteins, fats, carbohydrates, and ingredient review.

The Analysis Result is generated automatically using software tools and third-party AI models. The result is sent to the User in the Telegram chat with the bot.

The scope of access, limits, processing priority, validity period, and cost of paid plans are determined by the selected plan and the information published on the FoodDuck AI website and/or in the Telegram bot interface.

The Personal Data Processing Policy and the Public Offer are related Service documents and apply to the relevant parts of the relationship between the parties.

4. Acceptance of the Terms and Access

Acceptance of these Terms means pressing START or "Start" in the FoodDuck AI Telegram bot, submitting a Request, selecting a plan, paying for paid access, or otherwise actually using the Service.

By using the Service, the User confirms that they have read these Terms in full before using the website, Telegram bot, and/or functions provided through them.

To use the Service, the User is identified through a Telegram account. The User independently ensures access to Telegram, the Internet, and a device, and pays for communication or Internet access services.

Free access is provided under the FREE plan and is valid within the established limits. Paid access is activated after the payment service confirms successful payment.

If paid access is not activated automatically, the User may contact support with data that makes it possible to find the payment and the User's account.

The Contractor's obligation to provide access is considered fulfilled when the relevant plan is activated or the User is given the ability to use the available Service functions.

5. General Service Use Conditions

Viewing materials published on the FoodDuck AI website in open access does not require mandatory User authorization.

Using the Telegram bot requires access to Telegram and identification through the User's Telegram account.

Because the Service is developed and updated, the form, composition, and nature of its functions may change. The Contractor may change the design, technical implementation, analysis models, and individual Service functions.

The Contractor may temporarily restrict or suspend the Service for updates, maintenance, error correction, prevention of abuse, or reasons beyond the Contractor's control.

The Service may include service, payment, and informational messages necessary for bot operation, access activation, notifications about analysis status, limits, payment, and support requests.

6. Plans, Limits, and Queue

Access to the Service may be provided free of charge under the FREE plan or on a paid basis under the LIGHT and PRO plans.

Current limits, cost, validity period, queue priority, processing quality, and plan descriptions are published on the FoodDuck AI website and/or in the Telegram bot. Before payment, the User sees the plan name, cost, validity period, and key access conditions.

After the daily limit is exhausted, the User may continue using the Service after the limit is renewed or switch to a plan with a larger access volume, if such a plan is available.

If the User already has an active plan, the rules for renewal or switching to another plan apply according to the Service logic and the information shown to the User during payment.

The Contractor may change limits, prices, and plan composition. Such changes do not reduce the already paid access volume of the User unless otherwise required to comply with law, prevent abuse, or maintain Service operability.

7. Refund Policy

Paid plans are paid in Russian rubles by non-cash payment using the Robokassa payment form or another available payment tool indicated in the Service interface.

The User's payment obligation is considered fulfilled after the payment service confirms successful payment.

The User independently bears costs related to commissions of banks, payment systems, communication operators, and Internet providers, if such costs apply.

A fiscal receipt is generated and sent to the User in the manner required by Russian law and the payment service settings, to the email or other contact provided by the User during payment.

The refund policy forms part of this Agreement and applies to FoodDuck AI paid access together with the Public Offer.

A refund is possible if paid access was not activated due to a technical reason and the issue was not resolved within a reasonable period.
A refund is possible in case of a duplicate or mistaken charge, if the charge is confirmed by payment data.
A refund is possible if the service was not provided or was provided improperly for reasons attributable to the Contractor.
A refund may be refused if paid access was activated and the User actually started using the plan functions, except where a refund is mandatory under law.
To request a refund, the User contacts support and provides Telegram ID or username, payment date and amount, paid plan, order or receipt number if available, reason for the request, and payment confirmation.
The response period for a refund request is up to 10 business days unless a shorter period is required by applicable law.
When a refund basis is confirmed, the refund is made using the same payment method, if technically possible. The crediting period depends on the bank, payment system, and Robokassa rules.

8. Service Limitations

The service is not medical, dietetic, sanitary, laboratory, or expert advice.
Analysis Results are informational and approximate and may contain inaccuracies caused by photo quality, angle, lighting, hidden ingredients, incomplete data, labeling errors, or limitations of the AI model.
Estimating calories, macronutrients, and ingredients from a photo is not a laboratory measurement and does not confirm product safety.
The User independently makes decisions about purchasing, storing, preparing, and consuming food products.
For health, allergy, food safety, or special diet questions, the User should contact a qualified specialist.

9. User Rights

Use the Service for its intended purpose and within the technical capabilities, limits, and selected plan.
Receive Analysis Results in the Telegram chat with the bot.
Contact support regarding payment, access activation, technical errors, and refunds.
Stop using the Service at any time.

10. User Obligations and Prohibitions

Comply with this Agreement, the Public Offer, the personal data processing policy, and applicable law.
Not transfer access to their Telegram account to third parties and independently be responsible for actions made through that account.
Not submit materials to the Service that the User has no right to use, or materials that violate third-party rights or legal requirements.
By submitting a Request to the Service, the User grants the Contractor the right to use submitted photos, captions, text, and other materials to the extent necessary to process the Request, generate the Analysis Result, transfer data to AI processing and infrastructure providers, store usage history, support the User, and ensure Service security.
Not take actions aimed at disrupting the Service, bypassing limits, obtaining unauthorized access, sending automated mass requests, or otherwise abusing the functionality.
Not use Analysis Results as the sole basis for medical, dietetic, sanitary, legally significant, or other responsible decisions.

11. User Content and Intellectual Property

Exclusive rights to software, interfaces, texts, design, graphics, databases, trade designations, and other Service materials belong to the Contractor or the relevant right holders.
These Terms do not transfer exclusive rights to the Service or its elements to the User. The User is granted the right to use the Service as intended within the selected plan and technical capabilities.
The User retains rights to photos, captions, text messages, and other materials submitted to the Service, if such rights belong to the User.
By submitting a Request, the User confirms that they have the right to use the relevant materials and transfer them for processing in the Service.
The User may not copy, reproduce, sell, modify, decompile, use for commercial copying, or create derivative services based on FoodDuck AI, except where expressly permitted by the Contractor or by law.

12. Contractor Rights

Change the design, content, technical implementation, analysis models, plans, and individual Service functions subject to these Terms.
Set and change limits, queue priority, restrictions on the size and type of submitted materials, and other technical Service parameters.
Restrict the User's access to the Service in case of violation of these Terms, attempts to bypass limits, abuse of functionality, threats to Service operability, or violation of law.
Refuse to process a Request if the material does not match the Service purpose, technical requirements, plan restrictions, or legal requirements.
Request information from the User that is necessary to process a support request, verify payment, resolve a technical error, or review a refund.

13. Personal Data and Confidentiality

The Contractor processes the User's personal data to the extent necessary for Service operation, payment processing, limit accounting, user support, security, and compliance with legal requirements.

Detailed personal data processing terms are published in the Personal Data Processing Policy.

The Contractor does not sell Users' personal data to third parties. Data may be transferred to infrastructure providers, Telegram, the payment service, storage services, queue services, and AI processing services only to the extent necessary for FoodDuck AI operation and fulfillment of obligations to the User.

The Contractor may use anonymized Service usage statistics to analyze load, improve quality, security, and operational stability.

14. Liability of the Parties

The parties are liable for non-performance or improper performance of these Terms in accordance with Russian law.

The Service is provided within technical availability and on an "as is" basis. The Contractor does not guarantee that the Service will operate continuously, without errors, delays, Telegram failures, payment service failures, communication provider failures, AI provider failures, or failures of other external systems.

The Contractor is responsible for providing access to the Service within the selected plan but does not guarantee absolute accuracy, completeness, or suitability of Analysis Results for any specific User purpose.

The Contractor is not liable for decisions made by the User based on an Analysis Result, consequences of consuming, purchasing, storing, or preparing food products, or harm caused by incorrect interpretation of informational content, unless otherwise expressly required by Russian law.

The User is responsible for the accuracy of submitted information, the lawfulness of submitted materials, the security of their Telegram account, and the consequences of using Analysis Results.

15. Amendments to the Terms and Termination of Use

The Contractor may amend these Terms unilaterally. A new version enters into force upon publication on the FoodDuck AI website unless another effective date is specified in that version.

The User must independently review the current version of these Terms. Continued use of the Service after a new version is published means that the User agrees to the amendments.

The User may stop using the Service at any time. Termination of use does not release the parties from obligations that arose before such termination.

16. Final Provisions and Dispute Resolution

The User may send requests to the Contractor through support contacts indicated on the website, in the Telegram bot, or in the Contractor Details section of these Terms.

These Terms and the relationship between the parties are governed by the laws of the Russian Federation.

The parties seek to resolve disputes through negotiations and exchange of requests through support contacts. The response period for a written claim is up to 10 business days unless another period is established by law.

If a dispute cannot be resolved through the claim procedure, it is subject to review by a court according to the jurisdiction rules established by Russian law.

17. Contractor Details

Name: ИП Изудинов Мухамед Махмутович; Status: Индивидуальный предприниматель; Registration details: ИНН 051703155756, ОГРНИП 323057100132738; Support email: [email protected]; Phone: +7 977 989-57-88