Terms & Conditions

These Terms and Conditions (“Terms”) are an agreement between you and HeyOakley, LTD (“HeyOakley,” “we,” “our,” or “us”). They explain the rules for using the HeyOakley mobile application, any associated website, and all related services (collectively, the “Services”).

By downloading, installing, creating an account, or using HeyOakley, you agree to these Terms and our Privacy Policy. If you don’t agree, please don’t use the app.

1. What HeyOakley Does

HeyOakley is a nutrition logging and goal-setting app. It helps you track what you eat and drink, log your weight and activity, set calorie and macro targets, choose eating style presets, and see your progress over time. You can log by typing, speaking via voice-to-text, or scanning barcodes.

Parts of HeyOakley use artificial intelligence and machine learning technologies to interpret your natural-language food entries, match them against nutritional databases (including the USDA FoodData Central database and Open Food Facts), estimate nutritional content, and generate personalized recommendations. These AI features are tools designed to help you — they are not guarantees of accuracy. See Section 11.

HeyOakley is a wellness and tracking tool. It is not a medical device and does not provide medical advice, diagnoses, or treatment.

2. Eligibility

You must be at least 13 years old (or the minimum age required in your country, such as 16 in certain EU member states) to use HeyOakley. If you are under 18, you should have the permission of a parent or legal guardian.

We implement technical measures to prevent individuals under the minimum age from creating an account. If we become aware that an individual under the applicable minimum age has provided us with personal information, we will investigate and take steps to delete the data and remove the account.

By using the app, you represent that you meet the minimum age requirement, that the information you provide is accurate to the best of your knowledge, and that your use of the Services complies with applicable laws in your jurisdiction.

3. Your Account

You need to create an account to use HeyOakley. You agree to provide accurate and complete information, keep it up to date, and maintain only one account for your personal use.

You are responsible for maintaining the confidentiality of your password and for all activity under your account. If you suspect unauthorized access, contact us immediately at team@heyoakley.app.

You can delete your account at any time through the app settings, our Your Data portal at heyoakley.app/data-privacy, or by contacting us. Account deletion is typically irreversible. If you have an active paid subscription, deleting your account does not automatically cancel it — you must cancel separately through your App Provider.

We may suspend or terminate accounts that violate these Terms, are used fraudulently, or are inactive for an extended period (we’ll notify you first if inactivity is the reason).

4. Subscriptions and Payments

4.1 Free Plan and Premium Plan

HeyOakley offers a free plan and a paid Premium plan. The free plan includes core logging features (typing, voice-to-text, and barcode scanning) and is supported by advertising. Premium removes all advertising and provides access to additional features as described in the app.

We may change what is included in each plan over time and will notify you of significant changes.

4.2 Subscription Billing

Premium subscriptions are billed through the Apple App Store or Google Play Store (“App Providers”). By subscribing, you authorize the applicable App Provider to charge your chosen payment method on a recurring basis. Prices are displayed before you subscribe. We will provide reasonable notice before any price increase takes effect.

4.3 Auto-Renewal and Cancellation

Premium subscriptions automatically renew unless you cancel before the renewal date. Cancellation takes effect at the end of your current billing period. To cancel, go to your subscription settings in the Apple App Store or Google Play Store.

4.4 Free Trials

We may offer free trials that provide access to Premium features at no charge for a limited time. You may need to provide a payment method. Unless you cancel before the trial ends, it will automatically convert to a paid subscription. Once cancelled, a free trial cannot be resumed. You may not sign up for more than one free trial at the same time.

4.5 Promotional Codes, Gift Codes, and Discounts

• Codes can only be applied when initially subscribing and cannot be applied to existing subscriptions.
• Codes cannot be combined with other promotions or exchanged for cash.
• A payment method may be required to redeem a code.
• It is your responsibility to use codes before they expire and to cancel before any discounted period ends if you do not wish to continue at the regular price.
• We reserve the right to cancel or modify promotional offers at any time.

4.6 Referral and Invite Program

We may offer referral or invite features that allow existing users to share invitations or promotional access with others. When you participate:

• You may receive a limited number of invite codes. The number, trial duration, and any rewards are set by us and may change.
• Invite codes are for personal, non-commercial distribution only. You may not sell, auction, or trade them.
• The person you invite must create their own account and agree to these Terms and our Privacy Policy.
• We may offer referral rewards (extended trials, Premium credits, or other benefits). Specific rewards and eligibility will be described in the app.
• We may modify, suspend, or terminate referral programs at any time and may revoke invites or rewards obtained through fraud or abuse.

4.7 Refunds

Refund requests are handled by Apple or Google according to their respective policies. Contact Apple Support or Google Play Support directly. You can also reach us at team@heyoakley.app and we’ll do our best to help.

5. Advertising

The free plan is supported by advertising. You will see ads within the app, including after log entries. Some ads may be personalized based on device information, advertising identifiers, and general usage patterns. We do not use your Food and Activity Diary Data, weight entries, HealthKit data, or Health Connect data to target ads.

Premium subscribers enjoy an ad-free experience. For details on advertising data practices and opt-out options, see Section 5 of our Privacy Policy.

6. Acceptable Use and Restrictions

6.1 Your License to Use the App

We grant you a limited, non-exclusive, non-transferable, revocable license to use HeyOakley for your personal, non-commercial use, subject to these Terms.

6.2 Prohibited Conduct

You agree not to:

• Use the app for any unlawful purpose or in a way that violates anyone’s rights.
• Attempt to hack, reverse-engineer, decompile, disassemble, or derive the source code of the app.
• Use bots, scrapers, crawlers, or similar automated tools to access the app or extract data.
• Collect or use content from the Services for commercial purposes, competitive analysis, or building competing products without our written consent.
• Impersonate another person or create fake accounts.
• Upload harmful content (malware, spam, offensive material).
• Interfere with the operation of the Services or impose unreasonable load on our infrastructure.
• Abuse logging, voice, scanning, or referral features in ways that degrade the experience for others.
• Sell, trade, or commercially distribute invite codes, referral rewards, or promotional codes except as expressly permitted.
• Use the Services for spam, unsolicited messaging, or bulk commercial communications.

We may suspend or terminate your access without prior notice for prohibited conduct.

7. Your Content and Our License

7.1 Ownership

When you log meals, enter notes, record weight, or input other information (“Your Content”), that content belongs to you. We do not claim ownership of your personal data or journal entries.

7.2 License You Grant Us

By using the app, you grant HeyOakley a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers), transferable license to store, process, display, reproduce, modify, analyze, and otherwise use Your Content to:

• Provide, maintain, and operate the Services (displaying logs, calculating macros, processing voice/barcode inputs, syncing data).
• Generate personalized features for you (trend analysis, progress reports, and, where available, personalized summaries).
• Improve and develop our products (using aggregated and anonymized data to refine nutritional estimation and improve product features).
• Comply with applicable laws and enforce these Terms.

This license continues while Your Content is stored on our systems. If you delete your account, we remove Your Content per our Privacy Policy. Anonymized data derived from Your Content may be retained.

We will not use Your Content inconsistently with our Privacy Policy. We will not share your identifiable diary data with advertisers.

7.3 Your Responsibilities

You are responsible for the accuracy of the information you provide. Our calorie, macro, and nutrition estimates are approximations based on your inputs, database matches from USDA and Open Food Facts, and AI processing — they should not be relied upon as precise measurements.

7.4 Feedback

If you share feedback, ideas, or suggestions, you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use and build upon that feedback without compensation or attribution. We are not obligated to implement any feedback.

8. Intellectual Property

HeyOakley, including its design, the Oakley mascot character, logos, code, AI models, nutritional algorithms, database compilations, and all related content (“HeyOakley Content”), is owned by HeyOakley, LTD and protected by intellectual property laws. All rights reserved.

You may not copy, modify, distribute, sell, or create derivative works based on HeyOakley or HeyOakley Content without our written permission.

USDA FoodData Central data is a work of the US government and is in the public domain. Open Food Facts data is available under the Open Database License (ODbL). Our compilations, AI-processed estimates, and database enhancements remain our intellectual property.

9. Privacy

Your privacy is important to us. Our Privacy Policy explains what personal information we collect, how we use and share it, and how we protect it. By using HeyOakley, you agree to our Privacy Policy.

The short version: we collect what we need to make the app work, we don’t sell your personal data, we treat health and nutrition data with extra care, HealthKit and Health Connect data is never used for advertising, and you have meaningful choices about your data.

10. Third-Party Services and App Providers

10.1 Third-Party Integrations

HeyOakley integrates with Apple HealthKit, Google Health Connect, USDA FoodData Central, Open Food Facts, advertising networks, analytics providers, and AI/ML services. These have their own terms and privacy policies. If a third-party service discontinues or changes, certain features may be affected. We are not responsible for third-party actions or resulting impacts.

Your interactions with third-party ads (clicking, purchasing, providing information) are governed by the third party’s terms, not ours.

10.2 App Providers (Apple and Google)

These Terms are between you and HeyOakley, LTD, not Apple or Google. Specifically:

• The App Providers have no obligation to provide maintenance, support, or warranty services for HeyOakley.
• If the app fails to conform to any applicable warranty, your sole remedy is a refund per the App Provider’s policy.
• The App Providers are not responsible for any claims relating to the app.
• HeyOakley (not the App Provider) is solely responsible for investigating, defending, and settling IP infringement claims.
• Apple and Google (and their subsidiaries) are third-party beneficiaries of these Terms.

11. Health, Safety, and AI Disclaimer

11.1 Not Medical Advice

Consult a physician before beginning any dietary program, exercise regimen, or wellness activity. If you are being treated for a health condition, taking medication, or following a therapeutic diet, consult your physician before using the Services. If information from HeyOakley conflicts with your physician’s advice, follow your physician’s advice.

Use of the Services does not create any doctor-patient, therapist-client, or healthcare-provider relationship.

11.2 AI, Machine Learning, and Accuracy of Content

HeyOakley uses AI and machine learning to support features such as:

• natural language food parsing,
• barcode-to-database matching,
• voice-to-text processing, and
• personalized recommendations.

You understand and acknowledge that:

• AI-generated estimates are approximations only. They may contain errors, inaccuracies, or omissions and should not be relied upon for medical decisions.
• AI outputs may reflect biases in training data, including in underlying food databases and natural language models.
• Voice logging may introduce transcription errors, especially for unusual food names, brand names, or accented speech. Review entries before saving.
• Barcode scanning depends on database availability and accuracy. Products may not be recognized or may have incomplete data.
• Data from third-party food databases (including USDA FoodData Central and Open Food Facts) may be incomplete or inaccurate. We do not independently verify every entry.

We make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any content or AI output available through the Services.

11.3 Allergies

HeyOakley does not guarantee that its data, AI estimates, barcode results, or database matches include complete or accurate allergen information. Open Food Facts relies on community-contributed data that may not list all allergens or cross-contamination risks. Product formulations may change without notice. Never rely solely on HeyOakley to identify allergens.

11.4 Healthy Use and Eating Disorder Awareness

HeyOakley is not intended to diagnose or treat eating disorders. If you have concerns about disordered eating, an eating disorder, or related mental or physical health issues, please seek help from a qualified medical or mental health professional. The app may present supportive educational messaging or general wellness information, but it is not a substitute for professional care.

We promote healthy, sustainable relationships with food. We set reasonable minimum calorie floors and promote balanced approaches to weight management.

Using HeyOakley to promote, glamorize, or pursue dangerously low levels of eating is not permitted.

If you need support, the following resources may help:

If our Services are not the best fit for your current health situation, please do not use them. Your wellbeing always comes first.

12. Availability and Changes

12.1 App Availability

We cannot guarantee 100% uptime. The app may be temporarily unavailable for maintenance, updates, server issues, or circumstances beyond our control.

12.2 Changes to the App

We may add, change, modify, or remove features, content, or functionality at any time. We will communicate significant changes but minor updates may occur without notice. We are not liable for any modification, suspension, or discontinuance.

12.3 Changes to These Terms

We may update these Terms from time to time. For material changes, we will notify you in advance through the app or by email. Continued use after changes take effect means you accept them. If you disagree, stop using the app and cancel your subscription.

13. Disclaimer of Warranties and Limitation of Liability

13.1 Disclaimer of Warranties

13.2 Limitation of Liability

Our total aggregate liability for any and all claims is limited to the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) fifty U.S. dollars ($50.00).

Some jurisdictions do not allow certain limitations. In those cases, our liability is limited to the fullest extent permitted by applicable law.

14. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless HeyOakley, LTD, its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services, (b) Your Content, (c) your violation of these Terms, (d) your violation of any third party’s rights, or (e) any activity under your account.

15. Dispute Resolution

This section applies to any dispute between you and HeyOakley arising out of or relating to these Terms, the Services, our Privacy Policy, our advertising or marketing, our data security practices, or any transaction with HeyOakley, whether in contract, tort, warranty, statute, or other basis (each, a “Dispute”). This section survives termination.

15.1 Informal Resolution First

Before initiating any formal proceeding, the party raising the Dispute must first attempt to resolve it informally. Send a written notice (“Notice”) describing the facts, the specific relief sought, and supporting documentation to team@heyoakley.app (subject line: “Dispute Notice”) or by mail to HeyOakley, LTD, ATTN: Legal, 752 North State Street #104, Westerville, OH 43082.

Both parties agree to engage in good-faith discussions for at least sixty (60) days from the date the Notice is received. The statute of limitations and filing-fee deadlines are tolled during this period. Completing this 60-day period is a required condition before either party may initiate arbitration. Any arbitration or lawsuit commenced without completing this process is subject to dismissal.

15.2 Binding Individual Arbitration

If the Dispute is not resolved informally within 60 days, you and HeyOakley agree to resolve it through final, binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (adr.org).

Arbitration shall take place in Franklin County, Ohio, or another mutually agreed location. Either party may request telephone, video, or written-submission proceedings. The arbitrator has exclusive authority to resolve all Disputes, including arbitrability. The decision is final, binding, and enforceable as a judgment.

If the AAA is unavailable, the parties will agree on an alternative forum. If they cannot agree, a court will appoint an arbitrator.

15.3 Arbitration Fees

Arbitration fees will be allocated in accordance with the applicable AAA Consumer Arbitration Rules and fee schedule in effect at the time the arbitration is filed, unless the arbitrator determines a different allocation is required or permitted by applicable law or the AAA rules. Each party will bear its own attorneys’ fees unless applicable law, these Terms, or the arbitrator’s award provides otherwise.

15.4 Class Action Waiver

15.5 Jury Trial Waiver

15.6 Severability of Class Action Waiver

If any court or arbitrator determines that the Class Action Waiver is void or unenforceable, or that arbitration may proceed on a class-wide basis, then the arbitration provisions of this section are null and void in their entirety and any pending Dispute proceeds in court.

15.7 Exceptions

Either party may: (a) bring an individual small claims court action for qualifying claims; (b) seek injunctive or equitable relief for IP rights in any court of competent jurisdiction; or (c) seek provisional remedies in aid of arbitration.

15.8 Right to Opt Out of Arbitration

You may opt out within thirty (30) days of first accepting these Terms by sending a written notice to team@heyoakley.app (subject: “Arbitration Opt-Out”) including your full name, account email, and a clear opt-out statement. If you opt out, all other Terms still apply.

15.9 Statute of Limitations

To the fullest extent permitted by applicable law, any Dispute must be brought within the applicable legal limitations period. Nothing in these Terms is intended to shorten any limitations period that cannot lawfully be shortened.

15.10 Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles. If arbitration does not apply, you and HeyOakley consent to exclusive jurisdiction in Franklin County, Ohio.

16. Termination

You may stop using HeyOakley at any time by deleting your account. Remember to cancel your subscription through your App Provider separately.

We may suspend or terminate your access if you violate these Terms, we are required by law, we believe your account was used for fraud, or we discontinue the Services. If we terminate without cause, we will make reasonable efforts to notify you in advance where practicable. We may, but are not obligated to, provide an opportunity to retrieve certain account information unless prohibited by law, required for security reasons, or technically infeasible.

Upon termination, your right to use the Services ends immediately. The following sections survive: 7 (Your Content), 8 (IP), 11 (Health/AI Disclaimer), 13 (Warranties/Liability), 14 (Indemnification), 15 (Dispute Resolution), and 17 (Miscellaneous).

17. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy and any additional program terms we may provide for specific features or offers, constitute the entire agreement and supersede all prior agreements.

Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest continue in full effect.

No waiver. Our failure to enforce any provision is not a waiver of that right.

Assignment. You may not assign your rights without our consent. We may assign ours with notice to you.

Force majeure. We are not liable for failures caused by circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, or third-party service failures.

Electronic communications. By creating an account, you consent to receiving electronic communications from us that satisfy any legal writing requirements.

Headings. Section headings are for convenience only and do not affect interpretation.

Language. These Terms were written in English. If a translated version conflicts, the English version controls.

18. Contact Us

Questions or concerns about these Terms? Contact us:

We’re here to help and will respond as quickly as we can.