Legal
Effective date: July 2, 2026
The short version: Embryly is an informational tool, not a doctor. Our food insights are generated by artificial intelligence and may be incomplete or inaccurate. Never rely on Embryly for medical decisions — always consult your healthcare provider. By using the app, you accept these Terms in full.
These Terms of Use ("Terms") are a binding agreement between you and Benekan Technologies LLC ("Embryly," "we," "us," or "our"), the operator of the Embryly mobile application and website (together, the "Service"). By downloading, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
Embryly is a nutrition information app that uses artificial intelligence ("AI") to analyze barcodes and photos of food and provide general guidance about whether a food is commonly considered suitable during pregnancy, along with related tracking features.
Embryly is not a medical device, a diagnostic tool, a source of medical advice, or a substitute for professional healthcare. Embryly has not been evaluated or approved by the U.S. Food and Drug Administration or any other regulatory body.
The Service does not provide medical advice. All content available through the Service — including AI-generated food assessments, nutrition insights, growth information, and tracking data — is for general informational purposes only. It is not intended to diagnose, treat, cure, or prevent any condition, and it is not a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician, midwife, or other qualified health provider with any questions about your pregnancy, your diet, or your health, and before making any dietary decision based on information from the Service. Never disregard professional medical advice, or delay seeking it, because of something you saw in Embryly. If you believe you may have a medical emergency, call your doctor or emergency services immediately.
Embryly's food assessments are produced by AI systems. AI technology has inherent limitations, and you acknowledge and agree that:
We do not warrant, and expressly disclaim, the accuracy, completeness, or reliability of any AI-generated output.
You use the Service at your own risk. You understand that dietary choices during pregnancy can affect your health and your baby's health, and you agree that any decision you make based on information from the Service is made voluntarily, at your own discretion, and after appropriate consultation with your healthcare provider. To the maximum extent permitted by law, you assume all risks associated with your use of, or reliance on, the Service.
You must be at least 18 years old to use the Service. By using the Service, you represent that you are 18 or older and have the legal capacity to enter into these Terms. The Service is not directed to children, and we do not knowingly permit anyone under 18 to use it.
If you create an account, you agree to provide accurate information, keep your credentials confidential, and notify us promptly of any unauthorized use. You are responsible for all activity that occurs under your account. We may suspend or terminate accounts that violate these Terms.
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial purposes, subject to these Terms. You agree not to:
You retain ownership of the photos and other content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and analyze that content (including via third-party AI providers) for the purpose of operating, providing, securing, and improving the Service. You represent that you have all rights necessary to grant this license and that your User Content does not violate any law or third-party right. Do not submit photos containing other identifiable people without their permission.
The Service — including its software, design, branding, text, graphics, and AI-generated outputs as presented in the app — is owned by Benekan Technologies LLC or its licensors and is protected by copyright, trademark, and other laws. "Embryly" and associated logos are trademarks of Benekan Technologies LLC. No rights are granted to you except as expressly set out in these Terms.
Some features may require a paid subscription. Subscriptions purchased through the Apple App Store are billed and managed by Apple under its terms; renewal, cancellation, and refunds are handled through your App Store account. Except where required by law or by the applicable app store's policies, payments are non-refundable. Prices and features may change; we will provide notice as required by law.
The Service depends on third-party services, including app store platforms, cloud hosting, analytics, and third-party AI providers that process food images and data. We are not responsible for third-party services, their availability, or their content, and your use of them may be subject to their own terms.
To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including without limitation implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted or error-free operation. We do not warrant that the Service will meet your requirements, that outputs will be accurate or reliable, or that defects will be corrected.
To the maximum extent permitted by applicable law: (a) in no event will Benekan Technologies LLC, its owners, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or health outcomes, arising out of or related to your use of, or inability to use, the Service — including any reliance on AI-generated content — even if we have been advised of the possibility of such damages; and (b) our total aggregate liability for all claims relating to the Service will not exceed the greater of (i) the amount you paid us for the Service in the twelve (12) months before the claim arose, or (ii) fifty U.S. dollars (US $50).
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless Benekan Technologies LLC and its owners, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination (including Sections 3–5, 9–10, and 13–18) will survive.
These Terms are governed by the laws of the State of Illinois, USA, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Cook County, Illinois, and you consent to their jurisdiction. To the extent permitted by law, you and Embryly each waive the right to a jury trial and agree that any claim must be brought in your individual capacity, and not as a plaintiff or class member in any class or representative proceeding.
Any claim relating to the Service must be filed within one (1) year after the claim arose, or it is permanently barred, to the extent permitted by applicable law.
We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by other reasonable means before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. The "Effective date" above reflects the latest revision.
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in full effect. Our failure to enforce any right is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
Questions about these Terms? Contact us at info@benekan.com.
Benekan Technologies LLC