Eat & Exercise

Terms of Use

Effective date: 1 September 2026 · Last updated: 1 September 2026

These Terms of Use are the rules for using the Eat & Exercise mobile app. They describe the service as it actually works today. Please read them together with the Privacy Policy at https://legal.eat-and-exercise.com/privacy, which explains what happens to your data and forms part of these Terms. This is the first published version of the Terms of Use.

1. Who we are and how to contact us

Eat & Exercise is developed and operated by Yumei Zhu, an individual developer (“we”, “us”). It is not a company.

2. Agreeing to these Terms

You agree to these Terms by ticking “I agree to the Terms of Use” in the app. The app records which version you accepted, and — once you are signed in — our server records it too. Manual, offline logging does not require an account, but it is still use of the app and these Terms apply to it.

The app is not designed for or directed at children and performs no age verification. You may only use the app if you are old enough to agree to these Terms under the law of the country where you live; if you are not, do not use it.

3. What the service is

Eat & Exercise is a personal wellness tracker. You can log meals and drinks, workouts, sleep, body weight and menstrual-cycle events, keep exercise plans, record “food decisions” (foods you chose to skip, optionally with a money amount), and see derived figures such as daily targets, streaks and in-app credits.

  • It works offline-first. Everything you log is stored in a local database on your device and remains usable without an account or a network connection.
  • An account is optional. Signing in (Continue with Google on Android, Sign in with Apple on iOS) enables backup/sync of your structured records across devices and, with a separate consent, the AI features described in section 6.
  • The service is free. The app contains no payment, billing, purchase or subscription flow, and we collect no payment details. If paid features are ever introduced, they will be described in updated Terms before they apply to you.
  • The Android app may be distributed through testing programmes (such as Google Play closed testing) before or alongside general release; the same Terms apply.

4. Your account

  • You sign in with your existing Google or Apple account; we do not create passwords. We store only the provider's stable account identifier linked to a random internal user ID, never your e-mail address or name.
  • You are responsible for keeping your Google or Apple account secure and for activity that happens through it in the app. Tell us at [email protected] if you believe your account is being misused.
  • A signed-in session lasts up to 90 days before you need to sign in again. You can sign out at any time in Settings.
  • Records you created before signing in stay on your device until you explicitly choose “Use with this account”; nothing is claimed silently.
  • One person, one account for their own data. Do not use the app to log or process another person's data as if it were yours.

5. Your content and photos

“Your content” means everything you enter or attach: logged meals, workouts, sleep, weight and cycle entries, plans, food decisions, profile details, settings, and any photos or screenshots you attach.

  • Your content stays yours. We claim no ownership of it.
  • So that the app can work, you allow us to store your content on your device, to sync your structured records to our server when you are signed in, and to process content you actively submit to an AI action (section 6). We use your content for nothing else — not for advertising, not for training models, and not for sharing with anyone not named in the Privacy Policy.
  • Photos are handled differently from other content. The image file and its reference stay on your device and are never included in backup/sync. Separately, if you submit a photo or screenshot to an AI action, its image content is transmitted for that one analysis to our server and on to Google Gemini. We do not persist uploaded image content or AI prompts on our server or in our database. Because photos are not synced, they are not restored on a new device.
  • You are responsible for the content you enter and attach. Do not upload content you have no right to use, or content that is unlawful, harmful or belongs to someone else's private life.
  • You can view, edit and delete any of your records in the app at any time.

6. Optional AI features

Some features use artificial intelligence: analysing a meal from text or a photo, analysing exercise or sleep from text or a screenshot, estimating a skipped food's calories and price, and generating an insight report from a summary of your recent logged days.

  • AI features are opt-in and separate. They require an account and your explicit AI-processing consent, given in the app in addition to accepting these Terms. Accepting these Terms, or signing in, never by itself allows any of your data to be sent to an AI provider. You can revoke AI consent at any time in Settings; future AI processing stops and nothing else changes.
  • AI runs through Google Gemini. AI requests go to our server, which forwards them to Google's Gemini API and returns the result. Google's own API terms and retention apply to those requests, as described in the Privacy Policy.
  • Every AI result is a prefill, not a decision. You review — and can edit — every AI result before anything is saved. A value you enter yourself always overrides an AI estimate, and nutrition read from a visible label outranks an AI guess. Values that came from AI are marked as estimates until you edit them.
  • AI output can be wrong. It may be incomplete, inaccurate, out of date or inapplicable to you. Check it before relying on it.
  • Allowances. Standard access includes one AI insight report for Eat and one for Exercise per rolling 168 hours (seven days). Founding Access (section 9) lifts this allowance while it is active. Other AI actions have no fixed quota today, but we may add reasonable limits, or restrict AI access in cases of misuse or abuse of the AI service.
  • AI features depend on connectivity and on Google's service being available; they may be interrupted or unavailable at times.

7. Estimates, not medical advice

Eat & Exercise provides general wellness information based on what you log. Calorie, nutrient, hydration, expenditure, target and price figures — whether calculated by the app's formulas or produced by AI — are estimates, not measurements. The app's safety floor for low-intake warnings and the calorie targets it suggests are generic calculations from the profile details you enter; they are not tailored clinical guidance.

Nothing in the app is medical, nutritional, dietary or other professional advice, and the app is not a medical device.

It does not diagnose, treat or prevent any condition and is not a substitute for professional care. Do not use it to manage a medical condition, an eating disorder, pregnancy or medication without advice from a qualified professional, and consult one before making significant changes to your diet or exercise. If you are unwell, seek appropriate medical help.

8. In-app credits, targets and streaks

The app shows derived figures such as daily targets, streaks and “credits” earned from eating within your target, completing planned exercise or logging a food decision. These are motivational figures inside the app only. They have no monetary value, cannot be redeemed, transferred or sold, are not a currency, and may be recalculated when you edit records or when the app's rules are improved. They are not an instruction to eat less or move more than is healthy for you (see section 7).

9. Founding Access (closed-test membership)

During the closed test we may grant signed-in users a complimentary membership shown in the app as E&E Ultra — Founding Access.

  • It is granted automatically to eligible signed-in users while the campaign is open and places remain; there is nothing to buy, redeem or enter.
  • It lasts one calendar month from the moment it is granted and shows its expiry date in the app. It does not renew and requires no payment. It is not a paid subscription, a free trial of a paid plan, or a promise of future pricing.
  • While active, it lifts the AI insight allowance described in section 6. When it expires, standard access continues; nothing is lost or locked.
  • Each account can receive it once. Uninstalling, reinstalling or signing in again does not extend or repeat it.
  • Places are limited and the campaign may close or be paused at any time. We do not guarantee that any particular user will receive it, and its absence does not affect any other part of the service.
  • Deleting your account removes the grant.

10. Acceptable use

You agree not to:

  • attempt to disrupt, probe, overload or gain unauthorised access to the service, its server, database or the third-party services it uses;
  • use automated means to send requests to the service or the AI features, or use the AI features for anything other than analysing your own logged food, exercise, sleep and wellness data;
  • submit content to the AI features that is unlawful, that you have no right to submit, or that is designed to make the AI produce harmful output;
  • log or process another person's personal data as if it were your own;
  • use the app to plan or encourage disordered eating, dangerous weight loss or other self-harm;
  • copy, modify, distribute, sell or reverse-engineer the app or its server, except to the extent that applicable law allows this regardless of these Terms;
  • circumvent limits, consents or protections in the app, or misrepresent your eligibility for Founding Access.

If you seriously or repeatedly breach these Terms, we may restrict AI access, suspend sync, or close your account after giving you notice by the means available to us. There is no bulk data-export feature in the app today, so please raise any concern with us before deleting an account you may want to keep.

11. Availability, updates and changes to the service

  • The local, manual features work offline and do not depend on us. Account, sync and AI features depend on our infrastructure (Cloudflare) and on third-party providers (Google, Apple, Expo) and may be interrupted, slowed or unavailable from time to time. We do not promise uninterrupted service.
  • The app may update its own code over the air. Updates are downloaded in the background and applied only at a safe restart — never while you are in the middle of an entry. Native updates arrive through the app store. Keep the app updated; older versions may lose access to sync or AI when the server changes.
  • We may change, add or remove features. If a change reduces what the service does in a way that matters to you, you can stop using the app and delete your account at any time.
  • We may stop operating the service. If we plan to do so, we will use reasonable efforts to give notice through the app or this website so that you can retrieve what you need.

12. Ending use and deleting your account

  • You may stop using the app at any time. Your local data stays on your device until you delete it or uninstall the app.
  • Delete account in Settings → Account permanently removes, on our server, your account, your sign-in identities, all synced records (including stored insight reports) and any Founding Access grant, and invalidates every signed-in session. You choose separately whether the copy on your phone is kept or deleted with it.
  • You can also request deletion without the app by e-mailing [email protected]; the page at https://legal.eat-and-exercise.com/delete-account explains both routes.
  • Deletion is permanent; synced records cannot be recovered afterwards. Records held by Google for past AI requests expire under Google's own retention policy, as described in the Privacy Policy.

13. Intellectual property

The app, its design, code, brand and the content we create (names, layouts, icons, formulas and text) belong to Yumei Zhu. We give you a personal, non-exclusive, non-transferable licence to install and use the app on devices you own or control, for your own personal, non-commercial wellness tracking, in line with these Terms. Your own content is not covered by this paragraph — it stays yours (section 5). Google, Apple, Cloudflare, Expo and Gemini are trademarks of their respective owners; their mention describes how the service works and implies no endorsement.

14. Third-party services and app stores

The app is distributed through Google Play (Android) and Apple's App Store (iOS), signs you in through Google or Apple, runs its server on Cloudflare, uses Google Gemini for AI features and Expo for over-the-air updates. Those providers' own terms apply to your relationship with them. We are not responsible for their services, and the store from which you obtained the app is not responsible for the app or for these Terms.

15. Disclaimers

The service is provided free of charge and, to the extent the law allows, “as is” and “as available”. Beyond what is stated in these Terms and in the Privacy Policy, we make no promises about accuracy, fitness for a particular purpose, or uninterrupted or error-free operation. In particular, estimates and AI output are informational only (sections 6 and 7). Nothing in this section removes rights or remedies that consumer law gives you and that cannot be excluded by agreement — where you are a consumer, those rights prevail over these Terms.

16. Liability

  • Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.
  • Subject to that, because the service is free and provides estimates for general wellness purposes, we are not liable for loss or damage that was not a foreseeable result of our breaching these Terms or failing to use reasonable care and skill, nor for business or commercial losses, nor for loss arising from your reliance on estimates or AI output contrary to section 7, from your own failure to keep your Google or Apple account secure, or from the acts of the third-party providers named in section 14 beyond what the law requires of us.
  • If you are a consumer, you retain all mandatory statutory rights, including the right to services provided with reasonable care and skill; these Terms do not reduce them.

17. Changes to these Terms

We may update these Terms when the service changes. The current version always lives at https://legal.eat-and-exercise.com/terms, with the “Last updated” date changed. Where a change is material, the app will ask you to accept the new version before you continue to use signed-in features; you may decline by stopping use and, if you wish, deleting your account. Minor clarifications that do not change your rights or obligations take effect when published.

18. General

  • These Terms, together with the Privacy Policy, are the whole agreement between you and us about the app.
  • If any part of these Terms is found unenforceable, the rest continues to apply.
  • If we do not enforce a provision at once, we may still do so later.
  • You may not transfer your rights under these Terms to anyone else; we may transfer ours only to someone who takes over operating the service, and we will tell you if that happens.
  • These Terms are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction over any dispute about them — with two protections for you as a consumer that always prevail: you keep the benefit of any mandatory consumer-protection law of the country where you habitually reside, and where that law gives you the right to bring or defend a claim in your local courts, you may do so. If you live in Scotland or Northern Ireland, you may also bring proceedings in your local courts. Nothing in these Terms prevents either of us from using an alternative dispute-resolution scheme that is available to consumers where you live.

19. Contact

Questions about these Terms, support, and account deletion: [email protected]. Privacy matters: [email protected]. Legal pages: https://legal.eat-and-exercise.com.