Terms of Service

These Terms of Service ("Terms") govern your access to and use of Hista AI, a product operated by Nourishly ("Nourishly", "we", "us", or "our"), including our website, web application, and any related services (collectively, the "Service").

By creating an account, starting a free trial, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

2. Medical Disclaimer — Please Read Carefully

Hista AI is not a medical device, and it does not provide medical advice, diagnosis, or treatment. The Service is designed to help you track, organise, and better understand patterns in your food intake, symptoms, and lifestyle factors related to histamine intolerance and similar conditions. All information, forecasts, fingerprints, food ratings, and AI-generated responses provided through the Service are for informational and educational purposes only.

You should always consult a qualified healthcare professional before making any changes to your diet, medication, supplement regimen, or any other aspect of your healthcare, and before relying on any information provided by the Service in connection with any health decision. Never disregard professional medical advice or delay seeking it because of something you have read or been told by the Service.

If you believe you are experiencing a medical emergency, call your local emergency services immediately. Do not use the Service for emergency medical needs.

Food ratings, trigger predictions, and forecasts generated by the Service are based on patterns in the data you provide and general nutritional information, and may be incomplete, outdated, or inaccurate. You are solely responsible for verifying the safety of any food or product before consuming it, including checking ingredient labels and consulting product manufacturers directly where necessary.

3. Accounts

To use most features of the Service, you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorised use of your account.

You agree to provide accurate, current, and complete information when creating your account, and to keep this information up to date.

4. Subscriptions, Free Trials, and Billing

4.1 Free tier and free trial

We offer a free tier with limited features, and may offer free trials of paid plans ("Premium" or "Premium Plus"). Free trials automatically convert to a paid subscription at the end of the trial period unless cancelled beforehand, in accordance with the terms presented to you at sign-up.

4.2 Subscription plans

Paid subscriptions are billed on a recurring basis (monthly or yearly, as selected by you) until cancelled. Subscription fees are processed by a third-party payment provider acting as the merchant of record. By subscribing, you authorise recurring charges to your chosen payment method until you cancel.

4.3 Cancellation

You may cancel your subscription at any time through your account settings or via the payment provider's customer portal. Cancellation will take effect at the end of your current billing period, and you will retain access to paid features until that date. We do not provide partial refunds for unused time within a billing period, except where required by applicable law.

4.4 Price changes

We may change our subscription prices from time to time. If we increase the price of a plan you are subscribed to, we will notify you in advance, and the new price will take effect at your next renewal unless you cancel before that date.

4.5 Refunds

Except as required by applicable consumer protection law (including statutory rights that may apply if you are based in the UK or EU), subscription fees are non-refundable.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations;
• Attempt to gain unauthorised access to the Service, other users' accounts, or our systems;
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where permitted by law;
• Use automated means (bots, scrapers) to access the Service without our prior written consent;
• Upload or transmit any content that is unlawful, harmful, infringing, or that violates the rights of others;
• Use the Service to harass, abuse, or harm another person;
• Resell, sublicense, or otherwise commercially exploit the Service without our written permission.

We reserve the right to suspend or terminate your access to the Service if we reasonably believe you have violated these Terms.

6. Your Content

You retain ownership of the data and content you submit to the Service, including your food logs, symptom records, and any messages you send to the AI companion ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free licence to use, store, process, and display Your Content solely for the purposes of operating, providing, and improving the Service, including generating personalised insights, forecasts, and AI responses for you.

We may use aggregated or de-identified data derived from Your Content — meaning data that does not identify you personally — for research, product improvement, and analytics purposes, including the potential development of anonymised datasets for research or licensing.

7. AI-Generated Content

The Service uses artificial intelligence to generate insights, forecasts, food ratings, and conversational responses ("AI Output"). AI Output is generated automatically and may contain errors, omissions, or inaccuracies. AI Output does not constitute professional advice of any kind, including medical, nutritional, or legal advice, and should not be relied upon as such. You are responsible for independently verifying any AI Output before acting on it.

8. Intellectual Property

The Service, including its design, features, branding, software, and underlying technology, is owned by Nourishly and is protected by intellectual property laws. Except for the limited licence to use the Service as set out in these Terms, no rights are granted to you in respect of our intellectual property.

9. Third-Party Services and Links

The Service may include links to or integrations with third-party websites, products, or services (such as restaurant information via mapping providers, or affiliate links to recommended products). We are not responsible for the content, accuracy, or practices of any third-party services, and your use of them is subject to their own terms and policies.

From time to time, the Service or related content (including our blog) may include affiliate links, for which we may earn a commission on qualifying purchases, at no additional cost to you.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY INFORMATION, FORECASTS, OR AI OUTPUT PROVIDED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOURISHLY AND ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, INCLUDING ANY HEALTH-RELATED DECISIONS MADE IN RELIANCE ON INFORMATION OR AI OUTPUT PROVIDED THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS (USD $100) IF YOU HAVE NOT MADE ANY PAYMENTS TO US.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

12. Indemnification

You agree to indemnify and hold harmless Nourishly and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

You may stop using the Service and delete your account at any time via Settings → Privacy. We may suspend or terminate your access to the Service at any time if you breach these Terms, or for any other reason with reasonable notice where required by law. Upon termination, your right to use the Service will immediately cease, and Sections 6 through 12 of these Terms shall survive termination.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through a notice within the Service prior to the changes taking effect. Your continued use of the Service after such changes take effect constitutes your acceptance of the revised Terms.

15. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where applicable consumer protection law grants you the right to bring proceedings in your country of residence.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17. Contact Us

If you have any questions about these Terms, please contact us at support@histaai.com.