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Plain-English summary
Carb Manager can terminate your access to services at any time, without notice or refund, and will not be liable for health decisions based on their unvalidated AI estimates (risk_flags-0001, risk_flags-0002). Most disputes are subject to mandatory arbitration, limiting your access to courts (risk_flags-0003). There are also significant limitations on their liability for various damages, and you are required to indemnify them for claims arising from your use (risk_flags-0004, risk_flags-0005).
90% confidence
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Risk Flags
Critical issues that may result in loss of privacy, money, or control.
high95% confidence
Account Termination Without Refund
Wombat Apps can terminate access to Services for any reason, without notice, and will not provide a refund for any amounts previously paid.
Why it matters: Your access to the service may be terminated at any time without prior notice. When this happens, any money you have paid will not be refunded, resulting in a financial loss.
Wombat Apps has the right (though not the obligation) to, in Wombat Apps’ sole discretion (i) refuse or remove any content that, in Wombat Apps’ reasonable opinion, violates any Wombat Apps policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Wombat Apps’ sole discretion. Wombat Apps will have no obligation to provide a refund of any amounts previously paid.
**Terms of Service**, paragraph 7 · Citation strength: strong
high95% confidence
Wombat Apps Not Liable for Health Decisions Based on AI Estimates
Wombat Apps is not liable for any health decisions made based on artificial intelligence estimates from food photos and descriptions, which are approximate and not medically validated.
Why it matters: You cannot hold Wombat Apps responsible if a health decision made based on their AI-generated nutrient estimates leads to negative outcomes, as these estimates are not medically validated and are explicitly approximate.
The Services use artificial intelligence to estimate nutrients from food photos and descriptions. These estimates are approximate, not medically validated, and should be treated as suggestions only. You are encouraged to review and correct any AI-generated outputs. Wombat Apps is not liable for any health decisions made based on these estimates.
Mandatory Arbitration and Waiver of Court Access for Most Disputes
Most disputes arising under this Agreement must be settled through binding arbitration in Seattle, Washington, governed by JAMS rules, limiting your ability to pursue legal action in state or federal courts.
Why it matters: Your right to resolve disputes in state or federal court is waived for most issues. Instead, disputes must be settled through binding arbitration, which may limit your legal recourse and ability to appeal decisions.
A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in King County, Washington. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.
**General Representation and Warranty**, paragraph 3 · Citation strength: strong
high90% confidence
Limitation of Liability for Damages
Wombat Apps, its suppliers, or licensors are not liable for special, incidental, or consequential damages, cost of substitute products/services, interruption of use, or loss/corruption of data. Their liability is limited to fees paid by you in the 12 months prior to a cause of action.
Why it matters: You cannot recover significant damages for certain losses such as data corruption, interruption of service, or the cost of external services if something goes wrong. Reimbursement for other damages is limited to the fees you paid in the last 12 months.
In no event will Wombat Apps, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Wombat Apps under this Agreement during the twelve (12) month period prior to the cause of action.
You Indemnify Wombat Apps for Your Use of Services
You agree to indemnify and hold harmless Wombat Apps, its contractors, licensors, directors, officers, employees, and agents from any claims and expenses, including attorneys’ fees, arising from your use of the Services or violation of the Agreement.
Why it matters: You are fully responsible for any legal claims and expenses, including attorney's fees, that arise from your use of the services or any breaches of the agreement, potentially leading to significant financial liability.
You agree to indemnify and hold harmless Wombat Apps, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
**General Representation and Warranty**, paragraph 2 · Citation strength: strong
Data Use
How the company collects, uses, and shares your data.
medium90% confidence
Broad License to Use Your Submitted Content
By submitting Content, you grant Wombat Apps a world-wide, royalty-free, non-exclusive license to reproduce, modify, adapt, and publish your Content for displaying and distributing it on the Services.
Why it matters: Wombat Apps receives a broad, royalty-free license to use, modify, and publish any content you submit through the service for their operational purposes. You can revoke this by deleting content, but cached versions may remain.
By submitting Content for inclusion in the Services, you grant Wombat Apps a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your Content on the Services.
**Terms of Service**, paragraph 6 · Citation strength: strong
medium95% confidence
You are Responsible for Content You Submit
You are entirely responsible for the content of, and any harm resulting from, material you submit to the Services.
Why it matters: You bear full responsibility for any content you submit to the service, including any potential harm that content may cause, regardless of its format.
When You submit data, images, files, and other material to the Services, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content.
**Terms of Service**, paragraph 4 · Citation strength: strong
low95% confidence
Affiliate Links May Earn Commissions
Carbmanager.com, Carbigo.ai, and Wombat Apps' apps contain affiliate links, through which Wombat Apps may earn a small commission for qualifying purchases.
Why it matters: When you click on certain links within the Carb Manager services and make a purchase, the company may earn a small commission from that transaction.
Carbmanager.com, Carbigo.ai, and Wombat Apps' apps contain affiliate links to products and services. This means Wombat Apps may earn a small commission for qualifying purchases made through these links.
**General Representation and Warranty**, paragraph 4 · Citation strength: strong
low95% confidence
Testimonials May Be Compensated
Stories and testimonials are provided by real users who may have received compensation, such as gift cards or free subscriptions, for sharing their experience.
Why it matters: Testimonials and user stories displayed on the service may not be entirely unbiased as the users providing them might have received compensation.
All stories and testimonials are provided by real users of the Services, who may have received compensation for sharing their experience, such as a gift card, free subscription or other similar compensation.
**Testimonials and User Stories**, paragraph 1 · Citation strength: strong
low95% confidence
Right to Display Advertisements
Wombat Apps reserves the right to display advertisements on the Services.
Why it matters: The service may show you advertisements as part of your user experience.
Wombat Apps reserves the right to display advertisements on the Services.
Terms related to subscription, cancellation, and renewal.
medium95% confidence
Automatic Renewal and Non-Refundable Subscriptions
Subscriptions automatically renew unless cancelled at least 24 hours before the billing cycle ends, and subscription fees are explicitly stated as not refundable.
Why it matters: Your subscription will automatically renew and you will be charged for the next period unless you cancel at least 24 hours before renewal. Funds paid for subscriptions are non-refundable.
Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly, multi-month, or annual subscription period as indicated. Subscription fees are not refundable. Subscriptions can be cancelled up to 24 hours before the end of the subscription billing cycle by contacting us (for subscriptions initiated on our web site) or via the iOS or Google Play subscription management settings. Subscriptions that have not been cancelled prior to 24 hours before the end of the subscription billing cycle will automatically renew, and you will be charged for the new subscription billing cycle on a pre-pay basis.
**Payment and Renewal**, paragraph 1 · Citation strength: strong
Gotchas
Potentially overlooked clauses that may be to your detriment.
medium90% confidence
Terms May Change at Any Time and Your Continued Use is Acceptance
Wombat Apps can modify or replace any part of the Agreement at its sole discretion, and your continued use of the Services after changes are posted constitutes acceptance of those changes.
Why it matters: The terms of service can be changed by Wombat Apps at any time, and by continuing to use the service, you automatically agree to these new terms without any explicit notification or consent process beyond their posting.
Wombat Apps reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
Company Disclaims Responsibility for Third-Party Content and Websites
Wombat Apps disclaims responsibility for harm resulting from user-posted content, third-party website content, and the use of such content or sites.
Why it matters: The company is not responsible for any harm caused by content posted by other users or content found on external websites linked through the service. You are responsible for your own precautions against harmful content from these sources.
. Wombat Apps does not have any control over those third-party websites and webpages, and is not responsible for their contents or their use.
**Content Posted on Other Websites**, paragraph 1 · Citation strength: strong
Protections
Things the company does to protect you.
Protection85% confidence
User Account Deletion and Content Removal
You can revoke the license for your submitted Content by deleting it from the Services at any time, and Wombat Apps will use reasonable efforts to remove it.
Why it helps: You have the ability to remove your content and revoke the license granted to Wombat Apps, offering a degree of control over your data.
To revoke this license, you may delete your Content from the Services at any time. If you delete Content, Wombat Apps will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
**Terms of Service**, paragraph 6 · Citation strength: strong
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