Effective Date: March 26, 2024
When you download or use the app, you automatically agree to these terms, so it's important to review them thoroughly before engaging with the app. Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of these Terms and Conditions.
Skyble Lab grants to you a non transferable license to use the app on any devices that you own or control and as permitted by the Usage Rules of the respective app stores. You are prohibited from:
If you sell your device to a third party, you must remove the app before doing so.
All trademarks, copyrights, database rights, and any other intellectual property rights associated with the app remain the property of Skyble Lab.
Skyble Lab is committed to ensuring our app meets your needs in the most effective and efficient way possible. As part of this commitment, we reserve the flexibility to:
Currently, the app supports Android and iOS platforms, but this could expand or change. We cannot guarantee perpetual updates to match the app with your device's operating system version. By using the app, you agree to install any updates we provide.
If any fees are introduced for the app or specific features, we'll clearly communicate the details of these charges to you in advance.
You agree that Skyble Lab may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the app.
Skyble Lab may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Your personal data is essential for the provision of our services. For more details on how we collect and process your data, please refer to our Privacy Policy.
The responsibility for safeguarding your device and access to the app rests with you. We strongly discourage the jailbreaking or rooting of your device. This process bypasses the default security measures of your operating system, potentially exposing your device to malware, viruses, and other detrimental software. Such vulnerabilities could compromise your device's security and interfere with the smooth operation of the app or prevent it from functioning correctly.
For optimal functionality, the app requires an active internet connection, which can be via Wi-Fi or your cellular data plan. Should you find the app not performing optimally due to lack of Wi-Fi connectivity or exhaustion of your data plan, Skyble Lab bears no responsibility for these limitations.
When accessing the app without Wi-Fi, the terms agreed upon with your cellular service provider remain effective. Consequently, you might incur data usage charges from your provider for the time spent using the app, among other possible third-party fees. By choosing to use the app under these circumstances, you agree to take on the responsibility for any such expenses, including any roaming charges incurred if the app is used outside of your usual service area without disabling data roaming.
If you are not the account holder responsible for the payments of the device you are using, it is assumed you have obtained consent from the account holder to use the app.
Similarly, Skyble Lab cannot be held accountable for your manner of app usage, such as ensuring your device is adequately charged. If your device's battery depletes and you're unable to access the service, the responsibility does not fall on Skyble Lab.
The app does use third-party services that declare their own Terms and Conditions, including but not limited to Google Play Services.
The app may enable access to Skyble Lab's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Skyble Lab is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services.
Data displayed by the app or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Skyble Lab or its agents.
You will not use the External Services in any manner that is inconsistent with the terms of this agreement or that infringes the intellectual property rights of Skyble Lab or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and Skyble Lab is not responsible for any such use.
External Services may not be available in all languages or in your country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.
Skyble Lab reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
Certain applications developed by Skyble Lab incorporate artificial intelligence (AI) technologies provided by third-party service providers to generate estimations of caloric content, macronutrient composition, and other nutritional metrics. These AI-generated outputs are based on user-submitted data and/or image inputs and are intended solely for general informational and educational purposes.
While Skyble Lab endeavors to select reliable third-party AI providers, we make no representations or warranties as to the accuracy, completeness, or reliability of the information generated. AI outputs may be inaccurate, incomplete, outdated, or otherwise imprecise, and should not be relied upon for any form of medical diagnosis, treatment, or dietary decision-making.
Skyble Lab expressly disclaims all responsibility and liability for any medical issues, injuries, adverse health outcomes, or other consequences that may arise from reliance on, or use of, AI-generated data provided through the App.
Users are strongly advised to consult with a qualified healthcare professional before making any changes to their diet, physical activity, medical treatment, or health-related behaviors based on information derived from the App. Use of the App and its AI-powered features is undertaken entirely at your own risk.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SKYBLE LAB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SKYBLE LAB OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SKYBLE LAB BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SKYBLE LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Skyble Lab's total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the app except as authorized by United States law and the laws of the jurisdiction in which the app was obtained. In particular, but without limitation, the app may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
By using the app, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The app and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
This agreement is effective until terminated by you or Skyble Lab. Your rights under this agreement will terminate automatically if you fail to comply with any of its terms.
We reserve the right to discontinue the app at any time without prior notice. Should the app be terminated, all granted rights and licenses will cease, and you will be required to uninstall the app from your device.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Skyble Lab shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Skyble Lab agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement.
If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Our Terms and Conditions are subject to updates at our discretion. We recommend that you regularly check for any modifications. For material changes to these Terms and Conditions, we will make reasonable efforts to provide notice to you, such as by sending an email to the address associated with your account (if applicable) or by displaying a prominent notice within the app. Notifications of any changes will also be made by updating the Terms and Conditions on our website. The current terms are effective starting from the date indicated at the top of this document.
Your continued use of the app after such modifications will constitute your acknowledgment of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at: