Legal

Terms of Use

The agreement between you and us. It is long because it is complete — the sections that matter most are 3 (what Eira is and is not), 4 (the medical disclaimer) and 6 (subscriptions and the trial). Last updated 2 August 2026.

1. Acceptance of these Terms

1.1 The agreement

These Terms of Use (the “Terms”) form a binding agreement between you (“you”, the “User”) and Codes L.L.C., a limited liability company registered in the Republic of Kosovo (“Eira”, “we”, “us”, “our”), whose identifying details are set out in §20.

They govern your access to and use of the Eira mobile application for iPhone, its Apple Watch companion app, its widgets, complications and Siri/App Intents surfaces, any Eira website, and the services delivered through them (together, the “Service”).

1.2 How you accept

You accept these Terms by creating an account, starting a Trial, purchasing a Subscription, or otherwise using the Service. If you do not accept them, do not use the Service.

1.3 Documents that form part of this agreement

These Terms incorporate by reference:

  • the Eira Privacy Policy, which governs how we collect and process your personal data, including health data (see §9.7);
  • Apple’s Licensed Application End User License Agreement (“Apple Standard EULA”) and Apple’s Media Services Terms and Conditions, to the extent set out in §7;
  • any additional terms presented to you in-app for a specific feature at the point you enable it (for example, the health acknowledgement shown before the eating-window timer).

Where these Terms conflict with the Apple Standard EULA in respect of the licence to the app itself, §7.1 explains which prevails.

1.4 Defined terms

Capitalised terms are defined where they first appear and carry the same meaning throughout. The principal ones are: Service (§1.1), Account (§5.1), Estimates (§3.3), Memory (§3.4), Trial (§6.2), Subscription (§6.3), Lite (§6.4), Health Data (§8.1), and User Content (§9.1).

2. Eligibility

2.1 Capacity to contract

You may use the Service only if you can form a binding contract with us under the law that applies to you, and only where your use is not prohibited by that law.

2.2 You must be 18 or older

The Service is for adults. You must be at least 18 years old to create an Account or use the Service. Eira is not designed, tested, or safety-reviewed for children or adolescents: the nutrition, energy-target, fasting and GLP-1 features are calibrated on adult references, and a product for under-18s would require paediatric references and parental consent, which Eira does not implement.

We do not knowingly permit anyone under 18 to use the Service. If we learn that an Account belongs to someone under 18, we will close it. If you believe a minor is using the Service, contact us at legal@eira.coach.

2.3 One Account per person

The Service is licensed to you personally. You may not share, resell, rent or transfer your Account, and you may not create an Account on another person’s behalf.

3. What Eira is — and what it is not

3.1 Description of the Service

Eira is a nutrition and wellness companion. Its purpose is to help you record what you eat and to reflect your own patterns back to you over time. It provides, depending on your tier:

  • Food logging by photo, voice, barcode scan, nutrition-label capture, manual search, favourites, recents and “copy yesterday”;
  • a daily dashboard of energy and macronutrients (protein, carbohydrate, fat, fibre), water, and — where you enable them — micronutrients, a pinned nutrient, and net carbohydrate;
  • weight, sleep and activity readings drawn from Apple Health with your permission (§7);
  • Memory — a record of facts and observations Eira has derived from your own logs (§3.4);
  • a daily coaching message and a coaching chat, plus questions you can ask about your own history;
  • optional modes and tools: a gentle / no-numbers mode, a recipe builder, a GLP-1 support mode, an eating-window (fasting) timer, and mood / context-of-eating notes;
  • Apple Watch, widget, complication and Siri surfaces for quick capture and glanceable readings.

Features vary by tier (§6) and by the permissions you grant.

3.2 The Service is informational and for general wellness

Eira is a general wellness and informational tool. It is not a clinical service. It does not provide medical, dietetic, pharmaceutical, psychological or other professional advice, and no professional-client relationship is created by your use of it. See §4 for the full health disclaimer, which governs over anything in this section.

3.3 Nutrition figures are Estimates, not measurements

Every nutrition figure in the Service — energy, macronutrients, micronutrients, portion sizes — is an Estimate. It is not a measurement of your food and it is not a clinical or laboratory value.

You should understand how Estimates are produced, because it determines what they are worth:

  • AI identifies; a database supplies the numbers. When you log by photo or voice, an AI model identifies the foods and estimates the portions. The AI model does not generate the calorie or nutrient figures. Those come from nutrition databases and, where you have taught Eira a product, from entries you or other users have supplied.
  • The underlying data can be wrong. Third-party food databases contain errors, regional variation, out-of-date formulations and manufacturer-supplied values we cannot verify.
  • Identification and portioning can be wrong. Mixed dishes, home cooking, occluded food, restaurant portions and unusual preparations are all cases where the Estimate may be materially off.
  • Eira tells you when it is unsure. Where confidence is low, the Service shows a range, asks you a clarifying question, or asks you to confirm. Please treat a range as the honest answer and a single number as a convenience.
  • Your corrections matter. Correcting an Estimate improves the Service for you. You are responsible for reviewing what you log.

We do not warrant the accuracy, completeness or currency of any Estimate. See §13 and §14.

3.4 Memory and coaching are AI-generated text

“Memory” means the profile facts, observations and summaries Eira derives from what you log. Daily messages, coaching chat replies, history answers and weekly or milestone reports are AI-generated content. They are produced by large language models operating on your own data.

AI-generated content can be mistaken, incomplete, out of date, or wrong about you. It is filtered for safety before you see it, but filtering is not a guarantee of correctness. Do not act on a coaching message as though it were professional advice, and do not rely on it for any decision where being wrong would matter.

Where Eira states a trend or a correlation, that statement is computed from your own logged data. It is a description of your record — not a finding about your body, your health, or the cause of anything.

3.5 What Eira does not do

Eira does not, and does not attempt to:

  • diagnose, treat, cure, mitigate or prevent any disease or condition;
  • monitor or manage any medical condition;
  • provide, adjust, or comment on medication or dosage;
  • estimate body composition, body fat, or body type from a photograph;
  • act as an emergency, crisis or clinical-triage service.

4. Medical and health disclaimer

⚠️ Read this section. It is the most important part of these Terms.

Eira offers wellness guidance, not medical advice. It is not a medical device. It does not diagnose, treat, cure, mitigate or prevent any disease or condition, and it is not a substitute for a doctor, dietitian, pharmacist, therapist or any other qualified professional.

4.1 Not medical advice; not a medical device

Nothing in the Service — no Estimate, coaching message, target, observation, memory, report, timer, or other output — is medical advice, a diagnosis, a treatment recommendation, or a clinical measurement. The Service is not intended to be, and has not been submitted, certified or cleared as, a medical device under any regulatory regime.

4.2 Consult a qualified professional

Always seek the advice of a qualified health professional with any question about a medical condition, your nutrition, your medication, or a change to your diet or activity. Never disregard professional advice, or delay seeking it, because of something you read in Eira. Never start, stop or change a medication or a dose because of anything Eira says.

Please talk to your clinician before using the Service, and in particular before using the eating-window timer, the GLP-1 mode, or any energy target, if any of the following applies to you:

  • you are pregnant or breastfeeding;
  • you have, or have had, an eating disorder or disordered eating;
  • you are underweight, or you have been advised to gain weight;
  • you take insulin, a sulfonylurea, an SGLT2 inhibitor, or any other glucose-lowering medicine;
  • you have type 1 diabetes;
  • you have kidney or liver disease, or any condition where protein or fluid intake is clinically restricted;
  • you have any other condition where nutrition forms part of your treatment.

4.3 Eating disorders

The Service is not intended for, and should not be used by, anyone who is in treatment for, or in recovery from, an eating disorder, except on the advice of their treating clinician. Calorie figures, targets, streaks and fasting timers can be harmful in that context. Eira is designed with safeguards — non-moralising language, a safety floor beneath any energy target, a gentle mode that hides figures, no fasting streaks, and referral resources — but no safeguard makes a food-tracking app safe for someone with an active eating disorder.

If you are struggling, the “Get help” section in Settings lists eating-disorder and crisis support services, and is available at any time regardless of tier.

4.4 Emergencies

Eira cannot help you in an emergency and is not monitored by a human.

If you are in immediate danger, or you believe you or someone else may be experiencing a medical emergency, contact your local emergency services immediately — 112 in the EU, UK, Norway, Iceland and Liechtenstein; 911 in the United States; 999 in the United Kingdom — or go to your nearest emergency department.

If you are in crisis or having thoughts of suicide or self-harm, contact a crisis line. In the United States, call or text 988 (Suicide & Crisis Lifeline), or text HOME to 741741 (Crisis Text Line). In the United Kingdom and Ireland, call 116 123 (Samaritans). The Service lists crisis and eating-disorder support lines for your region under Settings → Get help, and surfaces them in a coaching conversation where distress is detected. Helpline availability, numbers and hours change; the in-app list is maintained, but please verify locally.

4.5 Your decisions are yours

You are solely responsible for what you eat, for any change you make to your diet, activity, fasting pattern or medication, and for any decision you take in reliance on the Service. Any target the Service proposes is a suggestion that takes effect only when you accept it, and can be changed or ignored at any time.

5. Accounts and security

5.1 Creating an Account

To use most of the Service you must create an “Account”. Accounts are created with Sign in with Apple; identity and authentication are provided by our authentication provider. You must provide accurate information and keep it up to date.

5.2 Your responsibility

You are responsible for maintaining the security of the Apple Account used to sign in and of any device on which you are signed in, and for all activity that takes place through your Account. Tell us promptly at legal@eira.coach if you believe your Account has been accessed without your authorisation.

The accuracy of what the Service tells you depends on the accuracy of what you tell it. Body measurements, goals and logged food that are wrong will produce Estimates and observations that are wrong.

6. Subscriptions, Trial and billing

6.1 One paid plan

Eira offers a single paid plan (“Premium”), on two billing cadences:

PlanPrice (US)Billing
Eira Premium — monthlyUS $9.99 per monthAuto-renewing monthly
Eira Premium — annualUS $59.99 per yearAuto-renewing yearly

Prices shown in the app are Apple’s localised prices in your own currency, inclusive of tax where Apple applies it, and are the prices that will be charged. We do not use dynamic pricing, hidden prices, countdown pressure, fake discounts, or a second offer when you decline the first.

6.2 The free Trial (a reverse trial — no card required)

When you create an Account you receive a “Trial”: full access to Premium, free, for [TRIAL LENGTH] days.

No payment method is required to start the Trial, and no charge is made at any point during or at the end of it. The Trial does not convert into a paid Subscription. It is not a “free-to-pay conversion”: nothing happens automatically to your money when it ends.

When the Trial ends, you are not locked out. Your Account moves to the free Lite tier described in §6.4, and stays there indefinitely unless you choose to subscribe.

6.3 Subscribing

You may subscribe at any time — during the Trial, from Lite, or later. Before you subscribe, the Service states, on the same screen as the purchase button and before you confirm: the plan name, the length of the billing period, the price, and that the Subscription renews automatically until cancelled.

A “Subscription” begins when Apple confirms your purchase.

6.4 The free Lite tier

“Lite” is Eira’s free tier. On Lite:

  • You can always log food. Logging from your iPhone, Apple Watch and widgets is never removed from any tier and is never taken away retroactively.
  • Your data is never deleted. Every meal, weight, photo, note and remembered fact stays in your Account, readable, editable and exportable. Nothing you have already logged is taken away.
  • AI-powered actions are capped. Photo scans are limited per day.
  • Compounding features pause. The full coach, questions about your history, the adaptive energy target, deeper nutrient detail and the periodic report are locked until you subscribe.

The move from Trial (or from a lapsed Subscription) to Lite is explicit: the Service tells you it has happened and what has paused. We do not silently reduce the quality of what you receive.

If you subscribe later, Premium features and your Memory resume from where they left off.

6.5 Auto-renewal, cancellation and refunds

Payment is taken by Apple, not by us. All purchases are made through the Apple App Store as in-app purchases, and are charged to the Apple Account you used.

  • Auto-renewal. A Subscription renews automatically at the then-current price for successive periods of the same length until you cancel. Apple charges your Apple Account within 24 hours before the end of the current period.
  • How to cancel. Cancel at any time in Settings → your name → Subscriptions on your iPhone or iPad, or at the equivalent Apple Account settings on the web. Cancellation must be done through Apple — we cannot cancel a Subscription for you. The Service links you to the correct Apple screen from its own settings.
  • When cancellation takes effect. Cancellation stops the next renewal. You keep Premium until the end of the period you have already paid for, and then move to Lite.
  • Refunds. Purchases made through the App Store are refunded by Apple, under Apple’s policy, and refund decisions are Apple’s to make. Request a refund at reportaproblem.apple.com. If something went wrong on our side, write to legal@eira.coach and we will help you make the case to Apple. Any statutory refund or cancellation right you have as a consumer is unaffected (§18.5).
  • Billing retry. If a renewal payment fails, Apple may retry it. During Apple’s billing-retry period we keep your Premium access rather than downgrading you mid-cycle; if the retry period ends without a successful payment, the Account moves to Lite.

6.6 Price changes

If we change the price of a plan, the new price does not apply to an existing Subscription without notice and, where Apple’s rules or applicable law require it, your consent. We will notify you in advance through the app or by email, and Apple will separately notify you and, where required, ask you to agree. If you do not agree, your Subscription will not renew at the new price and you may cancel before the change takes effect. If we run a limited-time launch price and later raise it, we intend to keep subscribers who joined at that price on it.

6.7 Fair-use limits on Premium

Premium is intended to feel unlimited and is described that way. A high daily ceiling exists on AI-powered actions — photo analyses and coaching messages — solely to prevent automated abuse and account resale. Ordinary use will not reach it. If it is reached, the Service slows down and tells you, rather than shutting you out.

6.8 EU/EEA and UK consumers: right of withdrawal

If you are a consumer in the EU/EEA or UK, you may have a statutory right to withdraw from a distance contract within 14 days. Because a Subscription gives you immediate access to digital content, that right may be lost if you expressly consent to immediate performance and acknowledge that you thereby lose the right of withdrawal. Where such a consent is presented to you, it is presented at purchase.

6.9 No obligation to keep buying

Nothing in these Terms obliges you to subscribe. The Service remains usable on Lite indefinitely.

7. Apple and the App Store

7.1 The Apple Standard EULA applies

Your licence to use the Eira app is subject to Apple’s Licensed Application End User License Agreement (“Apple Standard EULA”), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. These Terms supplement it. To the extent these Terms are less protective of you than the Apple Standard EULA, or conflict with it in respect of the licence to the app itself, the Apple Standard EULA prevails.

7.2 The agreement is with us, not Apple

These Terms are between you and Eira only, not with Apple. Eira, not Apple, is solely responsible for the Service and its content.

7.3 Scope of the licence

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Eira app on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service. You may not distribute, sell, rent, lease, lend, sublicense, or make the app available over a network where it could be used by multiple devices at once, nor reverse-engineer, decompile or disassemble it, except to the extent that restriction is prohibited by applicable law.

7.4 Maintenance and support

Eira, not Apple, is responsible for any maintenance and support for the Service. Apple has no obligation whatsoever to furnish any maintenance or support services.

7.5 Warranty

To the maximum extent permitted by applicable law, Apple gives no warranty whatsoever with respect to the app. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you. Beyond that refund, Apple has no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, not Apple’s, subject to §13 and §14.

7.6 Product claims

Eira, not Apple, is responsible for addressing any claim by you or any third party relating to the Service or your possession or use of it, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation, including in connection with the app’s use of HealthKit.

7.7 Intellectual property claims

If a third party claims that the Eira app or your possession and use of it infringes that party’s intellectual property rights, Eira, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.

You represent and warrant that: (a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (b) you are not listed on any US Government list of prohibited or restricted parties.

7.9 Third-party terms

You must comply with any applicable third-party terms of agreement when using the Service — for example, your wireless data-plan terms, and Apple’s Media Services Terms and Conditions.

7.10 Apple as third-party beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.

7.11 Other platforms

Eira is currently distributed only through the Apple App Store. If we later distribute the Service through Google Play or another platform, equivalent platform-specific terms will apply to that distribution, and we will update these Terms before doing so.

8. Apple Health (HealthKit) and device data

8.1 Health Data

“Health Data” means data read from or written to Apple Health (HealthKit) on your device — including body weight, sleep, activity and workout readings — and the nutrition data the Service writes back to Apple Health on your behalf.

8.2 Permission first, per feature

The Service reads and writes Health Data only with your explicit permission, requested per data type, at the point the relevant feature needs it — not in a single upfront block. You can change or revoke any of these permissions at any time in the Apple Health app or in iOS Settings. Revoking a permission does not delete data already stored in your Account; use the deletion tools in §9.4 for that.

8.3 What we do not do with Health Data

Consistent with Apple’s App Store Review Guideline 5.1.3 and our own commitments:

  • We do not use Health Data for advertising, marketing, or use-based data mining.
  • We do not sell Health Data, and we do not share or disclose it to data brokers.
  • Health Data never reaches third-party analytics or advertising SDKs, and health values are never written to our application logs.
  • We do not store your health information in iCloud. Server-side, your data lives only in our own EU-hosted infrastructure.
  • We do not write false or inaccurate data into Apple Health. What the Service writes back is what you confirmed.

8.4 One writer

Where you use the Apple Watch app, entries captured on the Watch are recorded to your Account and mirrored into Apple Health by your iPhone only. This is deliberate — it prevents the same meal being counted twice.

8.5 What Apple Health cannot tell you

Readings drawn from Apple Health originate from your devices and from other apps. We present them; we do not verify them, and their accuracy is not ours to warrant.

9. Your content, your record, and your rights over it

9.1 User Content

“User Content” means everything you put into the Service: meal photographs, voice recordings and their transcripts, food entries and corrections, weights, notes, mood and context tags, recipes, goals, chat messages, and the profile facts and observations Eira derives from them (your Memory).

9.2 You own it

As between you and us, you own your User Content. These Terms transfer no ownership of it to us.

9.3 The licence we need to run the Service

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, back up, adapt and process your User Content solely to the extent necessary to operate, secure and provide the Service to you — for example, to produce Estimates, to generate coaching and Memory, to compute your trends, to render your dashboard on your other devices, and to keep encrypted backups.

This licence is limited to running the Service for you. It ends when the content is deleted, subject only to the backup cycle in §9.5 and to any retention we are legally required to observe.

We do not sell your User Content. We do not use it for advertising. Where we use a third-party AI provider to process your input (§12.3), we do so under terms that prohibit the provider from using it to train their models and that require it not to be retained beyond the request.

9.4 Corrections, export and deletion

  • Edit. You can view, edit and delete individual entries, and you can view, edit and delete the individual facts Eira has remembered about you, from the memory screen in the app.
  • Export. You can export your record from the app, in a portable format.
  • Delete your Account. You can delete your Account from inside the app, at any time, without contacting us. Deletion immediately blocks further access and re-provisioning, and then removes your Account, your record, your stored photographs and your authentication identity.

9.5 What survives a deletion, and for how long

Account deletion is processed asynchronously and completes shortly after you request it. Encrypted backups taken before the deletion age out on our ordinary backup cycle — rotated daily for 7 days, weekly for 4 weeks and monthly for 6 months, so up to about six months — after which no copy remains. We may retain a minimal record of the deletion itself, and anything we are required by law to keep.

9.6 Aggregate and anonymised data

We may create and use aggregated or fully anonymised data — data from which you cannot be identified and which cannot be re-identified — to operate, evaluate and improve the Service, for example to measure how often Estimates are corrected. This is not User Content and this section does not permit the use of your Health Data for advertising (§8.3).

9.7 Privacy

How we collect, use, store, transfer and protect your personal data — including health data, which is a special category of personal data under the GDPR — is set out in the Privacy Policy, which forms part of these Terms. The Privacy Policy governs data protection; these Terms do not restate it and, in the event of a conflict on a data-protection matter, the Privacy Policy prevails. The Service is hosted in the European Union.

10. Acceptable use

You agree not to:

  1. use the Service for any unlawful purpose, or in breach of any law that applies to you;
  2. share, resell, rent, or otherwise make your Account available to anyone else;
  3. create an Account by misrepresenting your age or identity, or circumvent the eligibility requirements in §2;
  4. automate, script, scrape or otherwise access the Service other than through the interfaces we provide, or generate volume that is not the product of a person using the app;
  5. attempt to extract, in bulk, our prompts, models, nutrition data, or other proprietary content;
  6. reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent that restriction is unenforceable under applicable law;
  7. probe, scan, penetration-test, overload, disrupt or interfere with the Service, or circumvent any rate limit, entitlement check, or security control;
  8. upload content you do not have the right to upload, or content that is unlawful, or that contains another person’s personal data without their consent;
  9. attempt to manipulate the AI features into producing medical, diagnostic, dosage, or restriction advice, or use the outputs of the Service to give nutrition or medical advice to another person as though it were professional advice;
  10. use the Service to build or train a competing product, model or dataset;
  11. misrepresent the Service or its outputs as clinical, diagnostic, or professionally endorsed.

Security research. If you find a security vulnerability, tell us at legal@eira.coach rather than exploiting it. We will not pursue researchers who investigate and report in good faith, who avoid privacy violations and service degradation, and who give us reasonable time to fix the issue before disclosing it.

11. Intellectual property

11.1 Ours

The Service — its software, source code, design, user interface, illustrations, copy, prompts, model configurations, curated and derived data, the name “Eira”, the Eira logo, and all related trade marks and trade dress — is owned by us or our licensors and is protected by copyright, trade mark and other laws. Except for the licence in §7.3, no right in any of it is granted to you, by implication or otherwise.

11.2 Feedback

If you send us suggestions or feedback, we may use them without restriction and without any obligation to you. You are not obliged to send us feedback.

11.3 Third-party data

Some nutrition data is licensed from third parties and some is made available under open licences. Those licences may impose their own conditions, and nothing in these Terms grants you rights in that data beyond your personal use of the Service.

12. Third-party services

12.1 What the Service depends on

The Service depends on third parties, including: Apple (distribution, in-app purchase, HealthKit, push notifications, Sign in with Apple); our authentication provider; cloud hosting and object storage located in the European Union; AI model providers, currently Google and OpenAI; and nutrition data providers.

12.2 What that means for you

  • We do not warrant the availability, continuity or performance of any third-party service, and an outage at a third party may make part or all of the Service unavailable.
  • We do not warrant the accuracy of any third-party data, including nutrition database entries.
  • We do not control AI model outputs. We constrain, ground and filter them (§3.3, §3.4), but we cannot guarantee any particular output.
  • Your use of a third party’s own service is governed by that third party’s terms.

12.3 AI processing of your data

When you use an AI-powered feature, the content you submit for that feature — for example a meal photograph, a voice transcript, or a chat message — is sent to an AI provider for processing. We do this under contractual terms that prohibit training on your data and that require it not to be retained beyond what is needed to serve the request, and we tell you about it, and obtain your consent, as set out in the Privacy Policy. We may change AI providers, including automatically failing over to a secondary provider during an outage; the constraints in this paragraph apply to every provider we use.

12.4 Changes to the Service

We may add, change, or remove features. If we remove a material feature that you are paying for, we will tell you in advance and give you a way out (see §6.6 and §16.4).

13. Disclaimer of warranties

Read this section together with §4 (Medical and health disclaimer) and §3.3 (Estimates).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

Without limiting the above, we do not warrant that:

  • the Service will be uninterrupted, timely, secure or error-free;
  • any Estimate, target, observation, memory, coaching message or other output will be accurate, complete, current, or suitable for you;
  • the Service will meet your requirements or produce any particular health, weight, nutritional or other outcome;
  • defects will be corrected, or that the Service or the servers that provide it are free of harmful components.

No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms.

Consumers: some jurisdictions do not allow the exclusion of implied warranties or of certain statutory guarantees. To the extent you are a consumer and such exclusions are not permitted where you live, they do not apply to you, and your statutory rights are unaffected (§18.5).

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

14.1 Excluded losses

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (a) THE TOTAL AMOUNT YOU PAID US (OR PAID APPLE FOR ACCESS TO THE SERVICE) IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (b) US $100.

14.3 What is never excluded

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any other liability that cannot lawfully be excluded or limited.

14.4 Consumers

If you are a consumer, your mandatory statutory rights are not affected by this section, and where the law where you live does not permit a limitation set out above, that limitation does not apply to you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you in full.

14.5 Basis of the bargain

You acknowledge that the price of the Service reflects this allocation of risk, and that §13 and §14 are an essential basis of the agreement between us.

14.6 Health decisions

For the avoidance of doubt, and subject to §14.3, we are not liable for any loss or harm arising from a health, dietary, medication or treatment decision you take in reliance on the Service. The Service is not medical advice (§4).

15. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Eira, its officers, directors, employees and agents from and against any third-party claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Service, including any use prohibited by §10; (c) User Content you upload that you did not have the right to upload; or (d) your violation of any law or of the rights of a third party.

We will notify you of any such claim and may, at our option, assume its exclusive defence and control, in which case you will cooperate with us.

If you are a consumer, this section applies only to the extent permitted by the consumer law that applies to you, and does not require you to indemnify us against claims arising from our own acts or omissions.

16. Term, suspension and termination

16.1 Term

These Terms apply from the moment you first use the Service and continue until terminated under this section.

16.2 Your right to stop

You may stop using the Service at any time. To end a paid Subscription, cancel through Apple (§6.5). To end this agreement entirely, delete your Account in the app (§9.4). Deleting your Account does not, by itself, cancel a Subscription — you must also cancel with Apple, or Apple will continue to charge you.

16.3 Our right to suspend or terminate

We may suspend or terminate your Account or your access to the Service if: you materially breach these Terms, in particular §10; your use presents a security, legal or safety risk to us, to another user, or to a third party; you are, or we reasonably believe you are, under 18; or we are required to do so by law.

Where it is lawful and practicable to do so, we will warn you first, give you an opportunity to put the breach right, and give you a reasonable opportunity to export your record before the Account is closed.

16.4 Discontinuing the Service

We may discontinue the Service. If we do, we will give you reasonable advance notice, stop taking new payments, make an export of your record available, and refund any pre-paid period you have not used, to the extent the payment platform allows.

16.5 Effect of termination

On termination, your licence in §7.3 ends and you must stop using the Service. Sections that by their nature should survive — §9.2 (your ownership), §9.5 (deletion and backups), §11 (intellectual property), §13 (warranty disclaimer), §14 (liability), §15 (indemnity), §18 (law and disputes) and §19 (general) — survive termination.

17. Changes to these Terms

We may update these Terms — for example, when the Service changes, or when the law does.

  • For material changes, we will give you notice in the app or by email at least 30 days before the change takes effect, and we will update the “Effective date” at the top.
  • Non-material changes (corrections, clarifications, formatting) take effect when published.
  • Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and, if you wish, cancel your Subscription and delete your Account before the change takes effect.
  • We will not apply a material change retroactively to a dispute that arose before it took effect.

We keep the previous version available on request at legal@eira.coach.

18. Governing law and disputes

18.1 Governing law

These Terms and any dispute arising out of or in connection with them are governed by the laws of [GOVERNING LAW], without regard to its conflict-of-laws rules, except that this choice does not deprive you of the protection of the mandatory consumer-protection law of the country where you habitually reside.

18.2 Jurisdiction

Subject to §18.3 and §18.4, the courts of [JURISDICTION] have jurisdiction. If you are a consumer, you may always bring proceedings in the courts of the country where you live, and we will bring proceedings against you only there.

18.3 Arbitration

[ARBITRATION CLAUSE]

18.4 Informal resolution first

Before starting any formal proceeding, please contact us at legal@eira.coach and give us 30 days to try to resolve the matter. Most problems are solved by email. This paragraph does not prevent either of us from seeking urgent injunctive relief, and it does not affect any statutory right you have to complain to a regulator or to use an alternative dispute-resolution or online dispute-resolution scheme.

18.5 Your consumer rights are preserved

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under consumer-protection law that cannot be excluded, restricted or modified by agreement.

19. General

19.1 Severability

If any provision of these Terms is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions stay in full force.

19.2 Entire agreement

These Terms, together with the Privacy Policy, the Apple Standard EULA (as applied by §7), and any in-app terms presented for a specific feature, are the entire agreement between you and us about the Service, and supersede any prior agreement or understanding about it. This clause does not exclude liability for fraudulent misrepresentation.

19.3 Assignment

You may not assign or transfer these Terms or your Account. We may assign these Terms to an affiliate, or in connection with a merger, acquisition, reorganisation or sale of assets, on notice to you; if you are a consumer and the assignment reduces your rights, you may terminate.

19.4 No waiver

Our failure to enforce a provision is not a waiver of it, and no waiver is effective unless made in writing.

19.5 No third-party rights

Except for Apple and Apple’s subsidiaries as set out in §7.10, no one other than you and us has any right to enforce any provision of these Terms.

19.6 Force majeure

We are not liable for any failure or delay caused by an event beyond our reasonable control.

19.7 Notices

We may give you notice through the app, by push notification, or by email to the address associated with your Account. Notices to us must be sent to legal@eira.coach.

19.8 Language

These Terms are drafted in English. Any translation is provided for convenience; in the event of a conflict, the English version prevails, except where the law where you live requires otherwise.

20. Contact

Legal and these Terms: legal@eira.coach Everything else: hello@eira.coach

Codes L.L.C. Kodra e Diellit, H 1/2, Nr. 22, Prishtinë, Republic of Kosovo Company registration number 810858003 · Fiscal number 601582184