Terms and Conditions

Last Updated: October 4, 2026

Please read these Terms and Conditions ("Terms") carefully before using the Calorie Detective: Cuby mobile application (the "Service"). Calorie Detective: Cuby, an aair Labs product ("Cuby", "us", "we", or "our"), operates the Service.

By creating an account or otherwise accessing or using the Service, you agree to be bound by these Terms, and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms; (2) you are of legal age to form a binding contract with us; and (3) you have the authority to enter into these Terms. If you disagree with any part of the Terms, you may not access or use the Service.

1. Medical Disclaimer; Assumption of Risk

Cuby is NOT a medical device or medical service and does not provide medical advice. The content provided by the App, including nutritional data, calorie and macro estimates, AI coaching, fasting guidance, recipes, lessons, and mood and wellbeing insights, is for general informational purposes only. It is not intended to diagnose, treat, cure, or prevent any disease or health condition, and it is not a substitute for professional medical advice, diagnosis, or treatment.

Always consult a physician or qualified healthcare professional before starting any diet, fasting, supplement, or exercise program, and before relying on any information provided by the Service. Never disregard professional medical advice or delay seeking it because of something you read or received in the App. You assume full and sole responsibility for your use of the Service and for any decisions or actions you take based on it. If you think you may have a medical emergency, call your doctor or emergency services immediately.

Mental health and emotional wellbeing. Cuby's CBT-based exercises, emotional-eating tools, mood and food check-ins, and wellbeing insights are self-help informational content only. They are not therapy, counseling, diagnosis, or mental-health treatment, and they are not a substitute for care from a licensed mental-health professional. If you are struggling with disordered eating, a mental-health condition, or a crisis, please seek help from a qualified professional. If you may be in danger or experiencing a mental-health emergency, contact your local emergency services or a crisis line immediately.

No guarantee of results. Individual results vary. We do not promise or guarantee any particular health, weight, fitness, nutritional, or wellbeing outcome from using the Service, and any goals, projections, timelines, or estimates shown in the App are illustrative only and not a commitment.

2. AI-Generated Content

The Service uses artificial intelligence, including third-party AI providers, to estimate nutrition, analyze food photos and barcodes, generate personalized insights and audio recaps, and provide voice and text coaching. AI outputs are probabilistic estimates and may be inaccurate, incomplete, or unsuitable for your circumstances. You are responsible for independently verifying any information before relying on it, and you agree not to treat AI output as professional, medical, nutritional, or scientific advice.

3. Health Data and Permissions

With your permission, the iOS app integrates with Apple Health (HealthKit). The Android app does not currently access Health Connect or Google Fit. The Service may request access to your camera, photo library, and microphone for related features. You may grant or revoke any of these permissions at any time through your device settings. Revoking certain permissions may limit or disable related features. You are responsible for the accuracy of any data you provide.

4. User Accounts

You must be at least 18 years old to use the Service. You may sign in using email and password or Google. Sign in with Apple is available on iOS. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

5. Subscriptions and Billing

• The Service offers free and paid ("Pro") tiers. Certain features (including AI-powered photo, voice, and text scans, and other generated content) may be subject to usage limits on the free tier, which we may change at any time.
• Payments and subscription entitlements are processed and managed via the Apple App Store or Google Play Store (through RevenueCat). We do not collect or store your payment card details.
• Some subscriptions may include a free trial. Unless you cancel at least 24 hours before the trial ends, your paid subscription will begin automatically and the applicable fee will be charged. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period, and your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage or cancel your subscription at any time through your device's account settings. Except where required by law, fees are non-refundable and refunds are subject solely to the policies of Apple or Google.
• We reserve the right to modify subscription fees and the features of any tier at any time, with reasonable notice.

6. Acceptable Use

You agree to use the Service only for lawful purposes and not to: (a) violate any law or the rights of others; (b) upload content that is unlawful, infringing, or harmful; (c) attempt to reverse engineer, interfere with, or gain unauthorized access to the Service; or (d) introduce any malware or use the Service to harm others. We may remove content or suspend access for violations.

7. User Content

By submitting content (e.g., food photos, descriptions, meal and fasting logs, mood check-ins, and voice input) to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify, and process such content solely to operate, provide, and improve the Service, including generating AI responses and refining our models using de-identified data. You represent and warrant that you own or have all rights necessary to submit your content and that it does not violate any law or third-party right. You are solely responsible for your content.

8. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of aair Labs and its licensors, and are protected by copyright, trademark, and other laws. These Terms grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use.

9. Third-Party Services

The Service relies on and links to third-party services (including Apple, Google, Supabase, AI providers, analytics and attribution providers, and health platforms). We do not control and are not responsible for the content, policies, availability, or practices of any third party, and your use of those services is governed by their own terms. We disclaim all liability arising from third-party services.

10. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED "WITH ALL FAULTS" AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, without warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and accuracy. We make no warranty that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any results, estimates, or content obtained from the Service will be accurate or reliable. You expressly agree that your use of the Service is at your sole risk. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you; in that case, such warranties are limited to the minimum scope and duration permitted by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL aair Labs, Cuby, or our officers, directors, employees, parents, subsidiaries, affiliates, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, or for any personal injury or health consequence, arising out of or related to your use of or inability to use the Service, regardless of the theory of liability (contract, tort, negligence, strict liability, warranty, statute, or otherwise) and even if advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy.

If you are dissatisfied with any portion of the Service, your sole and exclusive remedy is to discontinue using it. Our total aggregate liability for all claims arising from or related to the Service is limited to the greater of (i) the total amount you paid us for the Service in the six (6) months prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US $100.00). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the minimum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless aair Labs, Cuby, and our parents, subsidiaries, affiliates, officers, directors, partners, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any law or any right of any person or entity; (iv) any content you submit to the Service; or (v) any health, dietary, or other decision you make based on the Service.

13. Force Majeure

We will not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including acts of God, internet or equipment failures, power outages, strikes, labor disputes, riots, civil disturbances, fires, floods, storms, war, governmental actions, or non-performance of third parties.

14. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Sections that by their nature should survive termination (including warranties disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

15. Dispute Resolution

If something goes wrong, please tell us first. Contact us at contact.aairlabs@gmail.com with a written description of the dispute and the outcome you are looking for, and give us thirty (30) days to try to resolve it with you before starting proceedings. Most problems are settled faster this way than in court.

If we cannot resolve it informally, the dispute will be heard by the courts of Lagos State, Nigeria, as set out in Governing Law below. Nothing in this section stops either of us from asking a court for urgent injunctive or equitable relief, and nothing in it removes any right you have under mandatory consumer protection law to bring proceedings in the courts where you live.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to conflict of law provisions. You agree to the exclusive jurisdiction of the courts of Lagos State, Nigeria.

If you are a consumer resident in the European Economic Area or the United Kingdom, nothing in this section removes the protection of the mandatory consumer-protection rules of the country where you live, and you may bring proceedings in the courts of that country.

17. General

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right or provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely.

18. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time and will update the "Last Updated" date above. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms.

19. Contact Us

If you have any questions about these Terms, please contact us at contact.aairlabs@gmail.com.

aair Labs Ltd is a company registered in Nigeria under number RC 1997086, with its registered office at 3 Dele Onabule Street, Magodo Brooks Estate, Magodo, Lagos State, Nigeria.