Akuy Terms of Use

These Terms of Use, together with the End User License Agreement below (collectively, the “Terms”), are a binding agreement between you and Pivot To Data LLC (“Pivot To Data LLC,” “we,” “us,” or “our”) governing your use of the Akuymobile application and related services (the “App”). By downloading, accessing, or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

1. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the App. If you are under the age of majority, you may use the App only with the involvement of a parent or guardian.

2. Medical and health disclaimer

Akuy is for general informational purposes only and is not medical, nutritional, dietary, or health advice. The scores, ingredient flags, allergen indicators, nutrition information, and product recommendations in the App are informational and are not a substitute for professional judgment. Allergen and ingredient flags are informational only and are nota substitute for medical allergy management. Always read the product’s physical label and packaging, and consult a qualified healthcare professional before making decisions about your diet, health, or any allergy or medical condition. Never disregard professional medical advice or delay seeking it because of something you saw in the App. If you may be having a medical emergency or a severe allergic reaction, call your local emergency number.

3. Accuracy of product information

Product, ingredient, and nutrition data come from a combination of our own curation and third-party sources and may be incomplete, out of date, or inaccurate. Formulations and packaging change frequently. We do not warrant the accuracy or completeness of any product information, and you should always verify against the physical product label before relying on it.

4. License

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on an Apple-branded device that you own or control, solely for your personal, non-commercial use, and as permitted by the App Store Terms of Service.

5. Restrictions

You agree not to, and not to permit anyone else to:

• copy, modify, translate, or create derivative works of the App, except as permitted by law;
• reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
• rent, lease, lend, sell, redistribute, or sublicense the App, or scrape, harvest, or bulk-extract its data;
• interfere with or disrupt the App or its infrastructure, or circumvent any security or access controls;
• use the App in violation of any applicable law or these Terms.

6. Subscriptions and billing

The App offers an auto-renewable subscription, Akuy Pro, which unlocks paid features such as personalized swaps, all scoring lenses, and full history. Subscriptions are sold and processed by Apple through your App Store account, and the following terms apply:

• Pricing. Akuy Pro is offered on a monthly and an annual plan. Current prices and any free-trial or introductory offer are shown in the App before you purchase. Prices may vary by region and are subject to change.
• Free trial. If an introductory free trial is offered, your paid subscription begins automatically at the end of the trial unless you cancel at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Auto-renewal. Your subscription automatically renews for the same period unless you turn off auto-renew at least 24 hours before the end of the current period. Your App Store account is charged for renewal within 24 hours before the end of the current period.
• Managing and canceling. You can manage or cancel your subscription, or turn off auto-renew, in your App Store account settings after purchase. Deleting the App does not cancel your subscription.
• Refunds.Purchases are handled by Apple and are subject to Apple’s refund policies. We generally cannot issue refunds directly; refund requests are made to Apple.

7. Your content and feedback

If you submit feedback, suggestions, or other content through the App, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, and incorporate it to operate and improve the App, without obligation or compensation to you. Do not submit content that is unlawful, infringing, or contains sensitive personal information about you or others.

8. Intellectual property

The App, including its software, scoring methodology, design, text, and graphics, and all related intellectual property, is owned by Pivot To Data LLCor its licensors and is protected by law. Except for the license granted above, no rights are granted to you. “Akuy” and our logos are our trademarks.

9. Beta software

The App may be provided as a beta or pre-release version. It may contain bugs and may change, be suspended, or be discontinued at any time. Beta features are provided “as is” for evaluation, and we may collect feedback and diagnostics as described in our Privacy Policy.

10. Disclaimer of warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY INFORMATION IT PROVIDES IS ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIVOT TO DATA LLC AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR TWENTY U.S. DOLLARS (US$20). THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to indemnify and hold harmless Pivot To Data LLC from any claims, damages, and expenses (including reasonable legal fees) arising out of your misuse of the App or violation of these Terms.

13. Termination

These Terms apply until terminated. Your license ends automatically if you fail to comply with them. We may suspend or discontinue the App, in whole or in part, at any time. Sections that by their nature should survive termination will survive.

14. Governing law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. The exclusive venue for disputes not subject to arbitration or small-claims court will be the state and federal courts located in Wyoming, and you consent to their jurisdiction. Nothing in these Terms limits any mandatory consumer-protection rights in your place of residence.

15. Apple App Store — additional terms

These terms apply to your use of the App downloaded from the Apple App Store (“App Store Sourced Application”):

• These Terms are between you and Pivot To Data LLC only, and not with Apple. Apple is not responsible for the App or its content.
• The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to furnish any maintenance or support services for the App. Pivot To Data LLC is solely responsible for any product warranties, whether express or implied, to the extent not effectively disclaimed.
• Pivot To Data LLC, not Apple, is responsible for addressing any claims relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer-protection or privacy claims. In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• Pivot To Data LLC, not Apple, is responsible for addressing any third-party claim that the App or your use of it infringes intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.

17. Contact

Pivot To Data LLC · founder@pivottodata.com