These terms of service ("Agreement") are an agreement between you and MyFoodDiary, Inc. ("MyFoodDiary," "we," or "us") and govern your use of MyFoodDiary websites, apps, and related services ("Services"). By accessing, browsing, or using our Services, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms, please do not use our Services. If you have any questions or concerns about this Agreement, please contact us using our contact form.
Please read the Dispute Resolution and Arbitration section carefully. It requires most disputes to be resolved by individual arbitration rather than in court or as part of a class action, and it explains how you can opt out.
Our Privacy Policy explains how we collect, use, and share your information, and is part of this Agreement.
We may change this Agreement from time to time. If we make a material change, we will notify you at least 30 days before it takes effect by email to the address on your account or by a prominent notice in our Services. Changes that are not material, or that are required by law, may take effect when posted. The "Last modified" date below shows when this Agreement was last updated. If you continue to use our Services after a change takes effect, you agree to the changed Agreement. If you do not agree to a change, you may cancel your account before it takes effect.
We may also change, move, add to, or remove parts of our Services from time to time.
You agree to provide accurate information when you create your account and to keep it up to date. You are responsible for keeping your password secure and for all activity that occurs under your account. If you believe someone has used your account without permission, please contact us right away.
You must be at least 16 years of age to create or use a MyFoodDiary account, and we do not knowingly collect personal information from anyone under the age of 16. If you are 16 or 17, please do not submit personal information without the consent of your parent or guardian.
Our Services do not constitute medical advice. If you are seeking medical advice, please consult a medical professional.
If you have a medical condition including, but not limited to, diabetes, high blood pressure, cancer, pregnancy, and heart disorders, you must get a physician's approval prior to using our Services.
Our Services are not designed for people with eating disorders. If you have, or have had, anorexia nervosa, bulimia, or a related eating disorder, please use our Services only under the guidance of a qualified healthcare provider.
MyFoodDiary charges a monthly fee that is automatically charged to the credit card on record. Upon joining, all members are required to click a checkbox agreeing that you understand that after the 7-day free trial, you will be charged $9 per month. Since the monthly fee is automatically withdrawn, MyFoodDiary strongly recommends that members use credit cards that are not approaching their credit limit and are not tied to a checking account. Using such cards can increase the risk of incurring overdraft penalties. MyFoodDiary is not responsible for bank fees or penalties.
We may change our prices. If we change the price of your subscription, we will notify you by email at least 30 days before the new price takes effect. If you do not want to pay the new price, you may cancel before it takes effect.
MyFoodDiary offers a 7-day free trial. This offer is limited to one use per household per 6 months. You will not be billed until your free trial is over. After the free trial, you will be billed $9 monthly until you cancel your account, which can be done at any time.
If you or someone in your household has already taken advantage of the free trial offer in the past 6 months, you will be billed on the date that you join. You will continue to be billed monthly until you cancel your account.
Members can cancel their accounts at any time. There is no minimum commitment. The cancellation form is found in the "My Account" section of our website. When you submit the cancellation form, your membership is canceled and you will not be billed again. You will keep access to member features until the end of the billing period you have already paid for. An email confirming cancellation will be sent to the email address on record.
Fees already charged are not refunded, except as required by law or as described in the Termination section.
Unless otherwise noted, all materials, including images, graphics, illustrations, design, user interface, icons, photographs, data, text and other materials that are part of our Services (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed to or by MyFoodDiary. Contents do not include Your Content, as described below. Our Services as a whole are protected by copyright and trademark, all worldwide rights, titles and interest in and to which are owned by MyFoodDiary. Our Services and its Contents are controlled and operated by MyFoodDiary from its offices in Lexington, Kentucky USA.
MyFoodDiary grants you a limited license to access and make personal use of our Services. You may not download (other than page caching and exports of your own data that we provide) or modify any portion of our Services, except with express written consent of MyFoodDiary. You may not use any part of our Services for commercial or resale use; this includes, but is not limited to, logos, images, text, and data. You may not use data mining, robots, or similar data gathering and extraction tools. The Contents may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of MyFoodDiary. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MyFoodDiary without express written consent. You may not use any meta tags or any other "hidden text" utilizing MyFoodDiary's name or trademarks without the express written consent of MyFoodDiary. Any unauthorized use terminates the permission or license granted by MyFoodDiary. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MyFoodDiary so long as the link does not portray MyFoodDiary or its products and services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any MyFoodDiary logo or other proprietary graphic or trademark as part of the link without express written permission. You may not publish (either electronically or otherwise) the comments posted by our members within our discussion forum.
Please note that the permission granted herein terminates automatically if you breach any of these terms and conditions. Any other use of the Contents including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of MyFoodDiary, is strictly prohibited.
You own the information you enter into or import to our Services, such as your food diary, exercise, body measurements, notes, forum posts, and profile ("Your Content"). You grant MyFoodDiary a limited license to store, process, and display Your Content only as needed to provide and improve our Services and as described in our Privacy Policy. For content you post in our discussion forum or public profile, you also grant MyFoodDiary a nonexclusive, royalty-free license to display it to other users of our Services. You can delete Your Content at any time, as described in our Privacy Policy.
You are responsible for Your Content and confirm that you have the right to post it.
By participating in the Discussion Forum, you recognize that all posts contained therein reflect the opinion of each post's author and do not constitute medical advice. If you have important medical questions, you should consult your family physician.
When using our Services, you may not:
We may remove content and may suspend or terminate accounts that violate this Agreement.
We respect the intellectual property rights of others. If you believe content in our Services infringes your copyright, please contact us through our contact form. Please include:
We will review your complaint and may remove material we determine to be infringing. We may terminate the accounts of users who repeatedly infringe others' copyrights.
Our Services let you connect accounts with other services, such as Google Health. Your use of those services is governed by their own terms and privacy policies. MyFoodDiary is not responsible for the availability or accuracy of data provided by connected services. You can disconnect a connected service at any time, as described in our Privacy Policy.
MyFoodDiary makes every reasonable effort to ensure that our data and analyses are correct. However, given the vast quantity of data and the complexity of our system, errors & omissions will occur. MyFoodDiary is not responsible for errors or omissions. If you have located an error or omission, please notify us.
Our Services and Contents are provided on an "AS IS" basis without representations or warranties of any kind, either expressed or implied, including, without limitation, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. Although we believe the Content to be accurate, complete, and current, MyFoodDiary does not represent or warrant that the information provided is accurate, complete, or current.
To the fullest extent permitted by law, MyFoodDiary will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, or use, arising out of or in connection with this Agreement or our Services, whether based on contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, MyFoodDiary's total liability for all claims arising out of or in connection with this Agreement or our Services will not exceed the greater of the amount you paid us in the 12 months before the claim arose, or $50.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. Nothing in this Agreement limits liability that cannot be limited under applicable law.
You agree to defend, indemnify, and hold harmless MyFoodDiary and its officers, employees, and agents from any claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of Your Content, your misuse of our Services, or your violation of this Agreement.
Our Services may contain links to other Web sites ("Linked Sites"). MyFoodDiary does not operate or control any information, products or services on the Linked Sites, and neither endorses nor approves any products or information offered at Linked Sites. Linked Sites are used at your own risk.
If you download our app from the Apple App Store or Google Play, this Agreement is between you and MyFoodDiary, not Apple or Google. Apple and Google are not responsible for our app or its content, have no obligation to provide maintenance or support for it, and are not responsible for any claims relating to it, including product liability, legal or regulatory compliance, or intellectual property claims. If our app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any; Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you. You confirm that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties. You must also follow the app store's terms when using our app.
This Agreement is effective unless and until terminated. You may terminate it at any time by canceling your account. MyFoodDiary may suspend or terminate your account and your access to our Services if you violate this Agreement, or for any other reason with notice to you. If we terminate your paid account for a reason other than your violation of this Agreement, we will refund the unused portion of any fees you have already paid.
Upon any termination of this Agreement by MyFoodDiary, you must promptly destroy all materials downloaded or otherwise obtained from our Services, as well as all copies of such materials, other than exports of your own data. MyFoodDiary does not promise that any Contents will remain available to you, and may discontinue all or part of our Services at any time.
The sections of this Agreement that by their nature should survive termination will survive, including Contents, Your Content, Disclaimer of Warranty, Limitation of Liability, Indemnification, Dispute Resolution and Arbitration, and Choice of Law.
You agree that we may send you notices, disclosures, and other communications about your account and this Agreement electronically, including by email to the address on your account and by notices in our Services, and that these electronic communications satisfy any legal requirement that they be in writing.
Informal resolution first. Before filing a claim, you and MyFoodDiary agree to try to resolve any dispute informally. Send a written description of the dispute and the relief you want through our contact form. If the dispute is not resolved within 60 days, either of us may start arbitration.
Arbitration. Except as described below, any dispute arising out of or relating to this Agreement or our Services, including billing disputes, will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in the county where you live, or by phone or video if you prefer. Payment of arbitration fees will be governed by the AAA's Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction.
Small claims. Either of us may instead bring an individual claim in small claims court if it qualifies.
No class actions. You and MyFoodDiary agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. If this class action waiver is found unenforceable for a claim, that claim will be decided in court, not in arbitration.
Your right to opt out. You may opt out of this arbitration agreement by sending notice through our contact form within 30 days after you first agree to this Agreement. Your notice must include your name, the email address on your account, and a statement that you opt out of arbitration. Opting out does not affect any other part of this Agreement.
The laws of the Commonwealth of Kentucky shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto, without regard to its conflict of laws rules. Any claim that is not subject to arbitration, other than a small claims action, will be brought in the state or federal courts located in Fayette County, Kentucky, unless the law where you live gives you the right to bring it elsewhere.
Entire agreement. This Agreement, together with our Privacy Policy, is the entire agreement between you and MyFoodDiary about our Services and replaces any prior agreements.
Severability. You agree that in the event any portion of this Agreement is found to be unenforceable, the remainder of the Agreement shall remain in full force and effect.
No waiver. Our failure to enforce any part of this Agreement is not a waiver of our right to enforce it later.
Assignment. You may not transfer this Agreement or your account without our written consent. MyFoodDiary may transfer this Agreement in connection with a merger, acquisition, or sale of all or part of its business.
Events beyond our control. MyFoodDiary is not responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, outages of internet or hosting providers, or government action.
Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
Last modified: October 9, 2026