Please read these Terms of Service ("Terms") carefully before using the Portional mobile application ("App") operated by Portional ("we", "us", or "our").
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
1. Use of the App
1.1 Eligibility
You must be at least 13 years old to use Portional. By using the App, you represent that you are at least 13 years of age. If you are under 18, you must have permission from a parent or guardian.
1.2 License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use, subject to these Terms.
1.3 Acceptable Use
You agree not to:
- Use the App for any unlawful purpose
- Attempt to reverse engineer, decompile, or disassemble the App
- Remove or alter any proprietary notices or labels
- Use the App to transmit viruses or malicious code
- Interfere with or disrupt the App's functionality
- Share your account credentials with others
2. Subscriptions & Payments
2.1 Portional Pro Subscription
Portional offers a premium subscription service ("Portional Pro") that provides access to additional features. Subscription options include:
- Monthly: Billed monthly at the current subscription price
- Annual: Billed annually at the current subscription price
2.2 Free Trial
We may offer a free trial period for new subscribers. If you do not cancel before the trial ends, you will be automatically charged for the subscription. You may only use one free trial per Apple ID.
2.3 Billing
Subscriptions are billed through your Apple App Store account. Payment will be charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.
2.4 Cancellation
You may cancel your subscription at any time through your Apple ID account settings. Cancellation will take effect at the end of the current billing period. No refunds will be provided for partial subscription periods.
2.5 Price Changes
We reserve the right to change subscription prices. If we change prices, we will notify you in advance, and the new price will apply to your next billing cycle.
3. Health Disclaimer
IMPORTANT: Portional is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition.
The App provides tools for tracking nutrition and fitness data for informational purposes only. The calorie calculations, macro targets, and other recommendations are estimates based on general formulas and may not be accurate for your individual circumstances.
Before making any changes to your diet, exercise routine, or health regimen, you should:
- Consult with a qualified healthcare professional
- Consider your individual health conditions and needs
- Not rely solely on information provided by the App
We are not responsible for any health decisions you make based on information from the App. Use of the App is at your own risk.
4. User Content
4.1 Your Content
You retain ownership of any content you create in the App, including custom foods, recipes, and logs. By using the App, you grant us a license to store and process this content to provide the service.
4.2 Accuracy
You are responsible for the accuracy of the information you enter. We do not verify the accuracy of user-entered data.
5. Third-Party Services
The App may integrate with third-party services such as Apple HealthKit, Open Food Facts, and USDA FoodData Central. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party services.
6. Intellectual Property
The App, including its design, features, content, and code, is owned by Portional and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.
7. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components. Nutritional data from third-party databases may contain errors or inaccuracies.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORTIONAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9. Indemnification
You agree to indemnify and hold harmless Portional and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the App or violation of these Terms.
10. Termination
We may terminate or suspend your access to the App at any time, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the App will immediately cease.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date and, where appropriate, through in-app notifications. Your continued use of the App after changes constitutes acceptance of the new Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.
13. Dispute Resolution
Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in a class action lawsuit.
14. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Portional regarding the App.
16. Contact Us
If you have any questions about these Terms, please contact us: