By accessing or using Fruitly, you agree to these Terms of Use. If you do not agree, do not use the app.
PLEASE READ SECTION 15 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO TAKE PART IN A CLASS ACTION.
Effective date: October 9, 2026
Last updated: October 9, 2026
These Terms of Use (“Terms”) are a legal agreement between you and Fruitly (“Fruitly,” “we,” “us,” or “our”). They govern your use of the Fruitly mobile application and any related websites and services (together, the “App”). Our Data Usage, Third-Party Access, Consent Settings, Accessibility and AI Data Processing policies, available at fruitly.app/terms-and-policies, are part of these Terms.
Fruitly uses probabilistic artificial intelligence (AI) to suggest fruit identifications and related information. The App is for informational and educational use only.
Ripeness results are estimates. The App cannot reliably detect freshness, spoilage, contamination, pesticide residue, toxicity or allergens.
Results can be affected by lighting, camera quality, image angle, fruit variety, and fruits that look alike.
Ripeness results are estimates. The App cannot reliably detect freshness, spoilage, contamination, pesticide residue, toxicity or allergens.
Do not rely on the App as your only source of information when deciding whether to buy, eat, serve or sell any fruit.
To learn more, see our AI Data Processing policy.
The App is not a substitute for expert food safety, botanical, medical, nutritional or dietary advice. Always consult a qualified professional for those decisions.
Never eat a wild, foraged or unfamiliar fruit based on the App’s results.
If you have a food allergy, dietary restriction or medical condition, check every food yourself and follow your healthcare provider’s advice.
You use the App at your own risk. To the fullest extent permitted by law, Fruitly is not liable for any harm, illness, allergic reaction, injury or loss resulting from your use of, or reliance on, the App.
In an emergency, contact local emergency services. In the U.S., you can reach Poison Control at 1-800-222-1222.
You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use the App only with the permission of a parent or legal guardian who agrees to these Terms.
You must not use the App if you are barred from doing so under U.S. law or the laws of your country.
You agree to provide accurate information, keep your login details confidential, and take responsibility for all activity on your account.
Tell us right away at fruitlyvibin@gmail.com if you believe someone has accessed your account without permission.
You agree not to:
Misuse the App or its features, or use them for any unlawful purpose.
Upload, scan or submit content that is unlawful, harmful, threatening, sexually explicit, hateful, infringing or otherwise objectionable.
Capture images of other people, or their personal information, without their consent.
Interfere with, overload, hack or disrupt the App, its servers or its security features.
Reverse engineer, decompile, scrape, copy or create derivative works of the App, except where the law expressly allows it.
Use bots, scripts or other automated means to access the App.
Use the App or its results to build or train a competing product or AI model.
Use the App for commercial purposes without our written permission.
Impersonate any person, or misrepresent your connection with any person or organization.
If you violate these Terms, we may suspend or permanently terminate your access to the App without notice.
Fruitly is not a social media app. Images you scan are used to provide identification results. They are not posted publicly or shared with other users.
You keep ownership of your images. You give Fruitly a limited, worldwide, non-exclusive, royalty-free license to store, process and use your images and inputs to operate and provide the App. We use them to improve the App only as described in our Data Usage policy and your Consent Settings.
You confirm that you have the right to use any image you scan.
If you send us feedback or suggestions, we may use them freely and without any obligation to you.
You can report inappropriate content, abuse, errors or suspected violations of these Terms through the reporting tool in the App or by emailing fruitlyvibin@gmail.com.
We review reports within 24 hours. Content found to violate these Terms will be removed, and we may suspend or terminate the responsible account.
We are not obligated to monitor the App, and we are not responsible for content submitted by users.
All digital purchases are handled through Apple’s In-App Purchase system, and Apple’s payment terms apply. Fruitly does not receive or store your full payment card details.
Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current billing period. You can manage or cancel your subscription in your Apple ID account settings. Deleting the App does not cancel your subscription.
If you are offered a free trial, it converts to a paid subscription when the trial ends unless you cancel at least 24 hours before it ends.
Prices may change. We will notify you as required by Apple and by law.
Refunds are handled by Apple under Apple’s policies. Fruitly cannot issue refunds directly.
Our Data Usage policy explains how we collect, use, store and share your information. Please read it.
To work, the App needs certain permissions. It uses your camera to scan fruit and, if you allow it, your location. You can change these permissions at any time in your device settings and in Consent Settings. Some features may not work without them.
You can ask us to delete your account and data by emailing fruitlyvibin@gmail.com. We may keep certain information where the law requires it.
The App, including its software, design, text, graphics, logos and AI models, belongs to Fruitly or its licensors and is protected by intellectual property laws.
We give you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on Apple devices you own or control, for personal and non-commercial use, in line with these Terms.
“Fruitly” and our logos are our trademarks. You may not use them without our written permission.
The App may link to or rely on third-party services, such as Apple, analytics providers and cloud providers. We do not control these services and are not responsible for them. Your use of them is governed by their own terms and policies. See our Third-Party Access policy for details.
THE APP AND ALL RESULTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SAFETY, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. FRUITLY DOES NOT WARRANT THAT ANY IDENTIFICATION, NUTRITIONAL INFORMATION OR STORAGE GUIDANCE IS CORRECT, COMPLETE OR SAFE TO RELY ON.
TO THE FULLEST EXTENT PERMITTED BY LAW, FRUITLY AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. THEY WILL ALSO NOT BE LIABLE FOR ANY PERSONAL INJURY, ILLNESS, ALLERGIC REACTION, FOOD SPOILAGE, PROPERTY DAMAGE, OR LOSS OF DATA, PROFITS OR GOODWILL ARISING FROM YOUR USE OF, OR RELIANCE ON, THE APP. THIS INCLUDES ANY MISIDENTIFICATION OF FRUIT.
OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FRUITLY IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) US $50.
Some jurisdictions do not allow certain warranties or liabilities to be excluded or limited. In those places, some of the above may not apply to you, and our liability is limited to the smallest amount the law allows.
You agree to defend, indemnify and hold harmless Fruitly and its owners, employees, contractors and partners from any claims, damages, losses and expenses, including reasonable attorneys’ fees, arising from:
your use of the App;
your reliance on its results;
content you submit; or
your violation of these Terms or of anyone else’s rights.
Informal resolution first. Before filing any claim, you agree to email fruitlyvibin@gmail.com with a description of the dispute. We will try to resolve it informally within 60 days.
Binding arbitration. If we cannot resolve the dispute informally, it will be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, instead of in court. The arbitration may take place by video, by phone or in writing.
Exceptions. Either party may bring an individual claim in small claims court. Either party may also go to court to stop the misuse of its intellectual property.
Class action waiver. You and Fruitly may bring claims against each other only on an individual basis, not as a plaintiff or class member in any class, collective or representative proceeding.
Jury trial waiver. You and Fruitly each waive the right to a jury trial.
Opt-out. You can opt out of this arbitration agreement within 30 days of first accepting these Terms. To do so, email fruitlyvibin@gmail.com with the subject line “Arbitration Opt-Out” and include your name and account email.
If the class action waiver is found unenforceable, this entire Section 15 will not apply, and the dispute will be decided in court as described in Section 16.
These Terms are governed by U.S. federal law and the laws of the State of California, without regard to conflict-of-law rules. Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the jurisdiction of those courts.
If you downloaded the App from the Apple App Store:
These Terms are between you and Fruitly only, not Apple. Fruitly, not Apple, is solely responsible for the App and its content.
Apple has no obligation to provide maintenance or support for the App.
If the App fails to meet an applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App, if any. Apple has no other warranty obligation for the App.
Apple is not responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection claims, privacy claims, or intellectual property infringement claims.
You confirm that you are not located in a country subject to a U.S. Government embargo, and that you are not on any U.S. Government list of prohibited or restricted parties.
You must comply with any applicable third-party terms when using the App.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
We may update, change or discontinue any part of the App at any time. We may also update these Terms. If we make material changes, we will notify you through the App or on this page and update the “Last updated” date. If you keep using the App after changes take effect, you accept the updated Terms.
You may stop using the App and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the App. Sections 6, 10 and 12–16 continue to apply after termination.
If any part of these Terms is found unenforceable, the rest remains in effect.
If we do not enforce a provision, that does not mean we have waived it.
You may not transfer your rights under these Terms. We may transfer ours in connection with a merger, acquisition or sale of assets.
We are not responsible for delays or failures caused by events beyond our reasonable control.
These Terms and our policies are the entire agreement between you and Fruitly about the App.
Fruitly
[Business Address]
Email: fruitlyvibin@gmail.com