Terms of service

1. The agreement

These Terms of Service govern the Embryly application, website, meal catalog, articles, illustrations, and related services (the Service). The Service is operated by Benekan Technologies LLC (Embryly, we, us). Our contact is info@benekan.com. Once these proposed terms are published with an effective date, your acceptance of them or use of the Service as permitted by applicable law forms an agreement with us. If you do not agree, do not use the Service.

Our Privacy Policy explains personal data processing. Accepting these Terms does not replace any separate consent required for sensitive data, optional analytics, or marketing. A summary or headline does not replace the detailed terms. Mandatory consumer and privacy rights always prevail.

2. General wellness, not medical care

Embryly offers AI assisted food information, catalog based meal suggestions, and personal tracking. It is not a medical device and is not intended to diagnose, monitor, predict, treat, cure, or prevent disease, assess fetal wellbeing, or direct clinical decisions. It does not provide a clinical nutrition service or establish a relationship with a doctor, midwife, or dietitian. We do not claim regulatory clearance or approval for medical use.

Consult a qualified medical professional about your individual pregnancy, food choices, supplements, allergies, medications, weight, hydration, and health conditions. Do not change a prescribed diet or treatment, or delay professional care, because of the Service. Guidance for gestational diabetes, anemia, celiac disease, high blood pressure, eating disorders, and other conditions must come from your care team. The Service cannot assess an emergency. Contact emergency services when urgent help is needed.

3. AI outputs, safety labels, and accuracy

No independently validated overall accuracy percentage has been established for Embryly. A model’s confidence value, food score, or demonstration result is not a measured probability that a food is safe for you. We do not promise 90%, 100%, or any other numerical accuracy rate. If a legacy screen shows “up to 90%,” it must not be treated as clinical validation or a safety guarantee.

AI may misidentify a dish, ingredient, brand, serving size, cooking method, or nutrient amount. It can generate plausible statements that are wrong, incomplete, inconsistent, or outdated. Barcode records can be missing or refer to a different formulation or country. A photo cannot verify pasteurization, internal cooking temperature, storage history, allergens, cross contact, contamination, freshness, or a recall.

Labels such as Safe, Caution, or Avoid are informational categories, not certification that an actual food is free from risk. Check packaging, preparation, storage, manufacturer information, current official guidance, and your clinician’s instructions. If information conflicts or is missing, do not rely on an app label to resolve the uncertainty.

4. Meal matching and nutritional estimates

Our recommendations select and rank entries in a prepared catalog using information such as pregnancy week, saved ingredient avoidances, dietary and cultural preferences, and recent meal suggestions. AI assists with parts of our content creation and scan analysis; the daily catalog matcher is not a clinician and does not perform a complete nutritional assessment.

Breakfast, lunch, and dinner options are alternative meal ideas, not an instruction to eat every displayed dish or a guarantee of complete daily nutrition. Portions, preparation times, calories, and nutrients are estimates. Ingredient substitutions, brands, cooking losses, and serving sizes affect the result. Catalog recipes have undergone automated editorial checks but are not all kitchen tested or independently clinically approved.

Preferences and allergy tags help filter suggestions but cannot guarantee allergen absence or prevent cross contact. Halal and kosher preferences may surface plant based ideas; certification, sourcing, utensils, and preparation still require your own checks. A lower carbohydrate preference is a relative ranking preference, not a prescribed low carbohydrate diet. Some combinations of restrictions may have limited or no suitable matches. We will not represent availability as proof of suitability.

5. Baby illustrations and food images

Baby and fetus visuals are artistic, AI assisted illustrations organized by pregnancy week, not ultrasound images, diagnostic images, or a depiction of your own baby. Anatomy, proportions, skin appearance, posture, and developmental details may be simplified or inaccurate. They are not to scale. Real pregnancies vary, and a displayed week does not establish gestational age, viability, growth, health, or a due date.

Food images can be generated or illustrative. Appearance does not prove ingredients, portion size, doneness, safety, certification, or nutritional composition. Follow the written ingredient list and preparation guidance, then verify the actual food. Promotional app screens use fictional sample entries; they do not show patient records, measured outcomes, or testimonials.

6. Sources and changing information

The catalog’s source records reference public guidance from CDC, FoodSafety.gov, FDA/EPA, and the NHS, and nutrient data from USDA FoodData Central, including SR Legacy. Barcode lookups use Open Food Facts, a community maintained database. Our Sources & Accuracy page links to those references and explains their roles.

These organizations do not sponsor, endorse, or certify Embryly. Referencing a source does not mean every AI sentence or catalog entry has been checked against it. Scan responses are not guaranteed to retrieve current guidance or live recall information. Recommendations differ by jurisdiction and change over time. Follow guidance applicable where you live and seek professional advice for conflicts or individual circumstances.

7. Eligibility and your account

The Service is intended for adults aged 18 or older who can enter a binding agreement. Provide accurate account information and keep your pregnancy dates and preferences current. Protect your credentials and notify us of suspected unauthorized use. You are responsible for activity you authorize, but this does not remove rights relating to fraud or security failures for which the law makes us responsible.

Do not share another person’s health information without their permission. We may proportionately restrict access for security, misuse, legal obligations, or material violations of these Terms, with notice and an opportunity to resolve the issue where practical and legally appropriate.

8. Subscriptions, renewals, and refunds

Features may require a subscription. The purchase screen identifies the applicable price, currency, billing period, tax treatment, trial eligibility, and renewal terms. Website preview prices do not override the store’s offer. A weekly and an annual plan are separate recurring subscriptions, not a promise of lifetime access.

Apple handles App Store billing. Subscriptions normally renew until canceled through your Apple account. A trial, if expressly offered, may convert to a paid subscription under the terms shown when you enroll. Cancel before the applicable renewal or trial deadline. Deleting Embryly, deactivating your account, or contacting our support does not itself cancel an Apple subscription.

You can manage or cancel an Apple subscription and request a refund through Apple. Refund and withdrawal rights required by your local law remain available. We do not apply a blanket “no refunds” rule to override those rights. Material price or service changes will be notified as required; store rules also apply.

9. Your content and permission to process it

You retain rights in the photos, notes, and other content you submit. You give us a limited, nonexclusive permission to host, transmit, process, and display it as reasonably necessary to provide the requested features, support, and security, subject to the Privacy Policy. This is not an unrestricted license to sell your health data or use your photos in advertising. Any additional use requiring consent needs that separate consent.

You must have the right to submit content. Keep faces, identity documents, prescription labels, and unrelated personal information out of food photos. AI and infrastructure providers may process content as explained in the Privacy Policy. Our handling of content after a deletion request is subject to applicable law and the retention limitations described there.

10. Permitted use and intellectual property

You receive a personal, limited, nontransferable license to use the Service for lawful purposes. Do not access other users’ data, bypass security or usage controls, introduce malware, harass others, submit illegal content, or copy and commercially redistribute the catalog without permission. Restrictions do not override rights that applicable law expressly protects, including lawful interoperability or security research.

Embryly’s branding, software, and original design are owned by us or licensed to us. Third party datasets, images, and content remain subject to their own rights and licenses. AI output may not be unique or eligible for exclusive ownership; we do not promise that it is. Source attribution does not give you ownership of the source.

11. Availability and third party services

The Service depends on internet access, device support, app stores, hosting, AI providers, and third party data. Features, content, and availability may change. We do not guarantee uninterrupted service, timely notifications, a particular meal match, or continued access to every feature. Keep any records you need for care separately; Embryly is not a clinical record system.

We remain responsible for obligations the law places on us. A third party disclaimer does not excuse our own statutory duties. External links are provided for convenience and are governed by the destination’s terms and privacy practices.

12. Warranties and limits of liability

To the extent permitted by applicable law, the Service is provided as available, without guarantees of fitness for a particular purpose, uninterrupted availability, or correctness of AI outputs. You should independently verify information before relying on it. This wording does not exclude mandatory quality, conformity, or consumer guarantees.

To the extent legally permitted, we are not liable for indirect or consequential losses, lost profits, or loss of opportunity arising from the Service. Our aggregate liability for claims arising from the Service is limited to the greater of US $50 or the amount you paid for the Service in the 12 months before the event giving rise to the claim, only where such a cap is lawful and enforceable.

Nothing in these Terms excludes or limits liability for fraud, intentional misconduct, gross negligence where it cannot lawfully be limited, death or personal injury caused by negligence where protected by law, or any other liability or remedy that cannot legally be excluded. Statutory data protection compensation, consumer remedies, and nonwaivable rights remain intact. These Terms do not require you to accept risks caused by conduct for which we remain legally responsible.

13. Stopping use and account closure

You may stop using the Service at any time. Account deactivation, permanent data erasure, and subscription cancellation are different actions. The current account closure flow offers a 30 day restoration period and does not itself guarantee permanent deletion. Contact us for a permanent erasure request under the Privacy Policy. Manage subscriptions separately with Apple.

If access is terminated, provisions reasonably needed to resolve prior obligations, protect intellectual property, or address lawful liability and disputes continue to apply. Termination does not remove refund or data protection rights.

14. Disputes and applicable law

The existing terms designate Illinois law and courts in Cook County, Illinois, USA. This proposed update retains that position only to the extent permitted by applicable law. If you are a consumer, the mandatory protections and courts available in your country of residence are not displaced. You may contact info@benekan.com to try to resolve a concern, but doing so is not a condition on exercising a statutory right.

This draft does not add mandatory arbitration, waive class action or jury rights, or shorten statutory limitation periods. If a provision is unenforceable, the rest continues only to the extent legally permitted and consistent with the agreement’s purpose.

15. Changes and contact

We may revise these Terms when features, law, or operations change. Material changes will be communicated with the notice and renewed acceptance required by law. Updates apply prospectively and do not retroactively remove accrued rights. The effective date will be set when the reviewed terms are published.

For legal or content concerns, write to Benekan Technologies LLC at info@benekan.com. For health questions, contact your care team rather than app support.