Terms of Service

Last updated: May 6, 2026 · Effective immediately

These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and Scndbrain Inc. ("Scndbrain," "we," "us," or "our") governing your access to and use of the Scndbrain mobile application, the website at scndbrain.com, and any related services (collectively, the "Service"). By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms. If you don't agree, don't use the Service.

1. Eligibility & account

1.1 Age requirement

You must be at least 16 years old to create an account or use the Service. If you are under 18, you represent that you have your parent or legal guardian's permission to use the Service and that they have read and agreed to these Terms on your behalf. We do not knowingly collect information from anyone under 16.

1.2 Account responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during registration and to keep it updated. You may not share your account with anyone, create accounts using false information, or create more than one account per person.

1.3 Account termination

You may close your account at any time through the in-app settings or by emailing jacqueline@scndbrain.com. We may suspend or terminate your account if you violate these Terms, engage in fraudulent or abusive behavior, or for any other reason we determine in good faith. Upon termination, your right to use the Service ends immediately.

2. License to use the Service

Subject to your compliance with these Terms, Scndbrain grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Scndbrain app on Apple-branded devices that you own or control, for your personal, non-commercial use.

You may not:

• Copy, modify, distribute, sell, lease, or sublicense any part of the Service
• Reverse engineer, decompile, or attempt to extract the source code, except where this restriction is prohibited by law
• Use the Service to build a competing product or scrape data from the Service
• Bypass any security or access controls, or interfere with the Service's operation
• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Provide false information, impersonate others, or misrepresent your affiliation with any person or entity
• Upload content that is illegal, harmful, threatening, abusive, defamatory, or violates intellectual property rights

3. Health & wellness disclaimers

3.1 Informational purpose only

All content provided through the Service — including recommendations from our AI coaching council, nutritional estimates, training suggestions, biometric interpretations, and general wellness insights — is provided for informational and educational purposes only. It is not medical advice and should not be treated as such.

3.2 No doctor-patient relationship

Your use of the Service does not create a doctor-patient, dietitian-client, or therapist-client relationship between you and Scndbrain or any of its representatives. Scndbrain's AI coaches are software systems, not licensed healthcare providers.

3.3 Estimates may be inaccurate

The Service uses artificial intelligence to estimate nutritional content from photographs, voice input, and text descriptions of meals. These estimates can be inaccurate, sometimes significantly so. You should not rely on Scndbrain's macronutrient or calorie estimates for any purpose where precise nutritional data is required — including, without limitation, managing diabetes, food allergies, eating disorders, kidney disease, or other conditions where exact intake matters.

3.4 You assume the risk

You acknowledge that engaging in physical exercise, dietary changes, or fasting carries inherent risks of injury, illness, or death. You assume all such risks when you choose to follow recommendations made through the Service. If you have any doubt about your fitness to engage in an activity, consult a qualified healthcare professional first.

3.5 Eating disorder warning

Scndbrain is not appropriate for individuals with a current or recent history of anorexia nervosa, bulimia nervosa, binge eating disorder, orthorexia, or any other diagnosed eating disorder. Calorie- and macro-tracking apps can worsen these conditions. If you are struggling with disordered eating, please contact the National Alliance for Eating Disorders helpline at 1-866-662-1235 or visit findEDhelp.com.

4. AI-generated content

The Service uses artificial intelligence — including large language models, vision models, and speech-to-text systems — to generate personalized coaching, interpret your data, and respond to your messages. You acknowledge and agree that:

• AI output is not guaranteed accurate. The AI may produce responses that are incorrect, incomplete, misleading, or out of context. Always apply your own judgment before acting on AI recommendations.
• AI output is generated, not curated. Scndbrain does not review every AI-generated message before it reaches you, and we are not liable for any specific output the AI produces in response to your input.
• Your input may be processed by third-party AI providers. Messages, photos, voice recordings, and biometric data you share with the Service may be transmitted to AI providers (such as OpenAI, Anthropic, or similar) for processing. We have contractual agreements with these providers prohibiting them from using your data to train their models, but we cannot control every aspect of their internal handling.
• Do not share emergencies with the AI. The AI coach is not equipped to handle medical, mental health, or safety emergencies. In a crisis, contact a qualified professional or emergency services.

5. Subscriptions, payments, and refunds

5.1 Subscription plans

Scndbrain may offer subscription plans that unlock additional features and continued access to AI coaching. Subscription prices, billing cycles, and feature inclusions are presented to you at the point of purchase within the app.

5.2 Apple In-App Purchase

All subscriptions and in-app purchases are processed by Apple through your Apple ID. By subscribing, you agree to be charged the disclosed amount on a recurring basis until you cancel. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. You can manage and cancel your subscription through your iPhone's Settings → Apple ID → Subscriptions.

5.3 Refunds

Refund requests must be submitted directly to Apple through your Apple ID account. Scndbrain does not directly process refunds for subscriptions purchased through the App Store. Apple's standard refund policies apply.

5.4 Free trials

If we offer a free trial, you'll be informed of the trial duration before you sign up. If you don't cancel before the trial ends, you will automatically be charged for the subscription. You may use one free trial per Apple ID.

5.5 Price changes

We may change subscription prices from time to time. If we increase the price of your current subscription, we will notify you in advance and give you the opportunity to cancel before the new price takes effect.

6. User content & data ownership

You retain ownership of all content you submit to the Service, including meals you log, photos you upload, voice recordings, mood check-ins, and messages to your coach ("User Content").

By submitting User Content, you grant Scndbrain a worldwide, non-exclusive, royalty-free license to use, store, process, transmit, and display that content solely for the purpose of providing the Service to you. This license ends when you delete the content or your account, except where retention is required by law or for legitimate business purposes (such as fraud prevention or compliance).

You represent that you have all necessary rights to submit any User Content and that doing so does not violate any third-party rights or laws.

7. Apple HealthKit

The Service integrates with Apple HealthKit to read biometric and activity data from your iPhone or Apple Watch. By granting Scndbrain HealthKit permissions, you authorize us to access only the specific data categories you select. In compliance with Apple's policies:

• HealthKit data is never used for advertising, marketing, or data mining
• HealthKit data is never sold or disclosed to third parties except as necessary to provide the Service (e.g., processing by AI providers under contractual restrictions)
• HealthKit data is not stored in iCloud in any form that constitutes Protected Health Information
• HealthKit data is used only to provide personalized health and fitness coaching within the Service
• You can revoke HealthKit permissions anytime through iPhone Settings → Health → Data Access & Devices

8. Intellectual property

The Service, including all software, designs, text, graphics, AI models, trained weights, and the "Scndbrain" name and logo, is owned by Scndbrain Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted in Section 2, no rights are transferred to you.

You may not use Scndbrain trademarks without our prior written consent. Feedback you provide about the Service is not confidential, and we may use it without restriction or compensation to you.

9. Third-party services

The Service relies on third-party providers including, without limitation: Apple (App Store, HealthKit), Clerk (authentication), Supabase (database infrastructure), Vercel (hosting), and AI providers such as OpenAI and Anthropic (language and vision models). These providers' terms and privacy policies apply to their respective services. Scndbrain is not responsible for the actions, content, or policies of third-party providers, except as outlined in our agreements with them.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Scndbrain expressly disclaims all warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and uninterrupted operation.

Without limiting the foregoing, Scndbrain does not warrant that:

• The Service will meet your specific health, fitness, or weight goals
• AI-generated recommendations will be accurate, complete, or appropriate for your situation
• Nutritional estimates will be accurate
• The Service will be available without interruption, error, or data loss
• Defects will be corrected or that the Service will be free of viruses or other harmful components

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions may not apply to you.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCNDBRAIN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including without limitation damages for loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of the Service — whether based on warranty, contract, tort, statute, or any other legal theory, and whether or not Scndbrain has been advised of the possibility of such damages.

In no event shall Scndbrain's total liability to you for all claims arising out of or relating to the Service exceed the greater of (a) the amount you paid Scndbrain in the twelve (12) months preceding the event giving rise to liability, or (b) one hundred dollars (USD $100).

Some jurisdictions do not allow the limitation of liability for certain damages. In those jurisdictions, our liability is limited to the extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Scndbrain Inc., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any User Content you submit through the Service.

13. Apple-specific terms

This Section 13 applies if you obtained the Service through the Apple App Store. You acknowledge that these Terms are between you and Scndbrain only, and not with Apple. Apple is not responsible for the Service or its content. Specifically:

• Apple has no warranty obligation. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
• Apple is not responsible for claims. Scndbrain, not Apple, is responsible for addressing any claims relating to the Service, including product liability claims, claims that the Service fails to conform to legal or regulatory requirements, and claims under consumer protection or privacy laws.
• Intellectual property claims. In the event of a third-party claim that the Service infringes intellectual property rights, Scndbrain, not Apple, is responsible for investigation, defense, settlement, and discharge.
• Apple is a third-party beneficiary. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that Apple has the right to enforce these Terms against you as a third-party beneficiary.
• Compliance with laws. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

14. Modifications to the Service or Terms

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may also update these Terms from time to time. When we make material changes, we will notify you via the app, email, or by posting a notice on our website. Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.

15. Governing law & dispute resolution

15.1 Governing law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law principles.

15.2 Informal resolution

Before filing a formal claim, you agree to first contact us at jacqueline@scndbrain.com and attempt to resolve the dispute informally. Most disputes can be resolved this way.

15.3 Binding arbitration

If we cannot resolve a dispute informally within 60 days, any remaining dispute will be resolved through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted in San Francisco County, California, or remotely as appropriate. You and Scndbrain each waive the right to a jury trial. Class actions and class-wide arbitration are not permitted.

15.4 Exceptions

Either party may bring an individual claim in small claims court in California for claims within that court's jurisdiction. Either party may also seek injunctive relief in court to protect intellectual property rights.

16. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Scndbrain regarding the Service.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Assignment. You may not assign your rights under these Terms without our prior written consent. Scndbrain may assign its rights and obligations freely, including in connection with a merger, acquisition, or sale of assets.

Survival. Sections relating to intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution survive termination of these Terms.