Terms of Service

The short version

• Crumb Count is a general wellness and fitness tracking tool. It is not a medical device and gives no medical advice.
• You must be 18 or older to use it.
• Every number it shows — including AI estimates from a photo — is an estimate you should sanity-check, not a measurement.
• Your data is yours. You can export it or delete it at any time, and deleting is permanent.
• Use it for your own personal tracking. Don’t attack it, scrape it, or resell it.
• We can’t promise the app is never wrong or never down, and our liability is limited — but nothing here removes rights your local consumer law gives you.

This summary is for orientation only; the sections below are the terms that actually bind.

1. Who you are contracting with

Crumb Count is provided by Xeros (by Nevish), a sole proprietorship established in India(“Crumb Count”, “we”, “us”). By creating an account or using the app, you agree to these terms. If you do not agree, do not use the app.

Contact: xerosbynevish@gmail.com. For privacy, data-protection and grievance matters, see section 14.

2. What Crumb Count is for — intended purpose

This section states the app’s intended purpose formally, because under medical-device law intended purpose is assessed objectively — from what a product says about itself, not from what its maker privately meant. We would rather be precise here than leave it to inference.

Intended purpose statement

Crumb Count is a general wellness and fitness application intended to help healthy adults record what they eat and how they move, and to display that record back to them as estimated nutritional and activity information against goals they set themselves. Its purpose is self-tracking, self-awareness and the maintenance of a healthy lifestyle. It is not intended for the diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of any disease, injury or disability, and it is not intended to replace professional judgement.

What the features do, in those terms

• Food logging and the food catalogue— records what you ate and shows published reference nutrition values for it. A record and a lookup, not an assessment of your diet’s adequacy.
• AI meal analysis from a photo or description — converts an image or a sentence into a list of probable food items with estimated quantities and nutrition. Portion size in particular is inferred and frequently imprecise, which is why every item stays editable by you.
• Workout and activity logging, and calorie-burn figures — records exercise and applies published sports-science models to estimate energy expenditure. A general-population estimate, not a measurement of your metabolism.
• Targets and goals — arithmetic on figures you supply (height, weight, age, sex, activity level, goal), presented so you can set a target for yourself. Not a prescription and not a clinical plan.
• Health-app integration — reads steps, energy, heart rate and exercise sessions you already record elsewhere so your activity figure reflects reality. Read-only; we write nothing back.
• Weight and history tracking — stores what you entered and draws it over time. Trend display, not interpretation.
• The AI coach, and weekly and monthly reviews — describe patterns in what you logged and offer general, non-personalised wellness information about nutrition and exercise. Conversation with software about your own log, not consultation with a professional.

What Crumb Count will never provide

These are permanent limits on the product, not gaps we intend to fill. We state them so the boundary is unambiguous to you and to regulators:

• A diagnosis, or any statement that you do or do not have a condition — including any suggestion that a figure it shows is “abnormal”, “unhealthy” or pathological
• Treatment recommendations for any disease or medical condition
• Medication guidance of any kind — dosing, timing, starting, stopping or changing anything you have been prescribed, including insulin
• Clinical decision support — output intended to be relied on by you or a clinician in making a clinical decision
• Disease-risk determinations or screening — no probability that you will develop a condition, and no deficiency detection
• Therapeutic nutrition plans for a diagnosed condition — renal, diabetic, eating-disorder recovery or any other medically supervised diet
• Interpretation of laboratory or clinical results
• Emergency or crisis response. The app is not monitored by anyone. Nothing you type into it reaches a human in real time.

If you ask the AI coach for any of the above, it is designed to decline and point you to a qualified professional. If it ever answers anyway, that output is outside the app’s intended purpose, is not authorised by us, and must not be relied on — please report it to xerosbynevish@gmail.com.

3. Not medical advice

Crumb Count is a general wellness and fitness tracking application. It is not a medical device and does not diagnose, treat, cure, mitigate, or prevent any disease or medical condition. Nutritional and calorie values, including those estimated from photographs using artificial intelligence, are estimates only and may be inaccurate. Content from the in-app AI assistant is generated automatically, is for general informational purposes, and is not a substitute for professional medical, nutritional, or dietary advice.

Always seek the advice of a qualified physician, registered dietitian, or other healthcare professional with any questions regarding a medical condition, before beginning any diet or exercise programme, and before making changes to medication or treatment. Never disregard or delay seeking professional medical advice because of something you have read in this app.

If you are experiencing a medical emergency, contact your local emergency services immediately.

4. You must be 18 or older

Crumb Count is an 18+ product. You may not create an account or use the app if you are under 18, and setup asks you to confirm your age before any of your data is collected.

This is a safety position before it is a legal one. Calorie tracking is associated with disordered eating in adolescents, and restriction during growth carries risks that an app cannot assess. It is also a legal position: India’s Digital Personal Data Protection Act, 2023 treats everyone under 18 as a child and imposes obligations we have deliberately structured the product to avoid needing.

If we learn that an account belongs to someone under 18, we will delete it and its data. If you believe a child is using Crumb Count, write to xerosbynevish@gmail.com.

5. When you should not use Crumb Count

Calorie tracking is not appropriate for everyone, and for some people it is actively harmful. Do not use Crumb Count, or use it only under the supervision of your healthcare provider, if you:

• have, or are recovering from, an eating disorder, or have a history of disordered eating that calorie or weight tracking could reactivate
• are pregnant or breastfeeding— nutritional needs change in ways the app’s general-population models do not represent
• have diabetes or any condition where food intake interacts with medication. Crumb Count is not a carbohydrate-counting aid for insulin dosing and must never be used as one.
• have kidney or liver disease, or any other condition requiring a medically supervised diet
• are under 18 (see section 4)

How the app handles these topics

The AI coach is instructed to decline questions about eating disorders and restriction, pregnancy, diabetes and blood sugar, and medication, and to refer you to a qualified professional instead of producing a confident answer. It is also instructed never to moralise about food and never to suggest skipping meals. Separately, the goal calculator will not set a daily target below 1,500 kcal for men or 1,200 kcal for women, whatever goal you choose. These are deliberate safeguards, and they mean the app will sometimes refuse a question you consider reasonable.

Automated safeguards are imperfect and can be bypassed by determined phrasing. Their existence is not a reason to rely on the app in any of the circumstances above.

If you are struggling with food, eating or body image, please speak to a doctor or a qualified professional. In India, the Tele-MANAS helpline (14416) offers free mental-health support in multiple languages.

6. Estimates, and your responsibility for your own decisions

Nearly every number in Crumb Count is an estimate built on assumptions that may not hold for you.

• Catalogue values are published reference figures for a generic version of a food. What you actually ate — its oil, its cut, its preparation — will differ.
• AI photo and description analysis infers both the identity of a food and its portion size. Portion inference from a two-dimensional image is inherently approximate, and errors are larger for mixed dishes, home cooking and regional foods.
• Calorie burn comes from population-level models applied to your profile figures. Individual metabolism varies substantially.
• AI coach replies and periodic reviews are generated by large language models, which can be fluent and wrong at the same time.

You are responsible for the decisions you make about your own eating and exercise. Treat the app’s output as a starting point to be sanity-checked, correct anything that looks wrong, and involve a professional for anything that matters medically.

7. Your account

You can use Crumb Count entirely offline without an account. If you create one, you are responsible for keeping your credentials secure and for activity under your account. Tell us promptly at xerosbynevish@gmail.com if you believe it has been compromised.

Give accurate information during setup. Your height, weight, age, sex and activity level drive every target and burn figure the app calculates — wrong inputs produce wrong outputs, and the app cannot detect that.

One account per person. Do not share it or transfer it.

8. Acceptable use

Use Crumb Count for your own personal wellness tracking. Do not:

• use it to provide clinical, dietetic or medical services to anyone else, or present its output as professional advice
• attempt to access another user’s data, or probe, scan or test the security of our systems other than as described in section 12
• scrape, bulk-download, resell or redistribute the food or exercise catalogues, or use the app to build a competing dataset
• reverse-engineer or decompile the app, except to the extent that applicable law expressly permits it
• use the AI features to generate content unrelated to your own nutrition and fitness, or to attempt to circumvent the safeguards in section 5
• automate access, submit requests at a volume that degrades the service for others, or work around usage quotas
• upload content you have no right to upload, or anything unlawful

We may suspend or terminate an account that breaches these terms. Where it is reasonable to do so we will tell you why first and give you a chance to fix it — except where the breach is serious, unlawful, or ongoing.

9. Your content and your data

What you log is yours. We claim no ownership over your meals, workouts, measurements or messages. You grant us only the permission we need to run the service for you: to store your data, sync it between your devices when you are signed in, and transmit the specific content you submit to an AI feature to the provider that processes it.

We do not use your content to train AI models — not ours, and, under the business terms we hold with our providers, not theirs.

You can export your data as JSON, and you can delete your account, from Settings at any time. Deletion is permanent and irreversible — export first if you want a copy. What we collect and why is set out in the Privacy Policy, which forms part of these terms.

Everything else — the app itself, its design, the AI coach’s prompts, and the compiled food and exercise catalogues — remains ours. Using the app does not transfer any of it to you.

10. AI features, quotas and changes to the service

AI features are optional. You choose during setup whether to enable them, and you can turn them off later in Settings → Privacy. Declining costs you nothing else: the food catalogue, manual logging, workouts, burn calculations, widgets and streaks all work without them.

AI processing costs us money per request, so it is subject to usage quotas that we may adjust. Which provider handles a given request is configured on our side and may change; the providers we may route to are named in the Privacy Policy.

Crumb Count is under active development. We may add, change or remove features. If we withdraw something you rely on, or make a change that materially disadvantages you, we will give you reasonable notice and, where it applies, the chance to export your data first.

Paid plans, where offered, are billed through the Apple App Store or Google Play, and their refund and cancellation rules apply to those purchases rather than ours.

11. Availability, and what we do not warrant

We work to keep Crumb Count accurate and available, but we provide it “as is”. We do not warrant that it will be uninterrupted or error-free, that its nutritional or calorie estimates will be accurate for any particular food or person, that AI output will be correct, or that it will produce any particular health, weight or fitness outcome.

Cloud sync is a convenience, not a backup service. Keep your own copy of anything you cannot afford to lose — the export in Settings exists for exactly this.

12. Security reports

If you find a security vulnerability, report it to xerosbynevish@gmail.com rather than disclosing it publicly or exploiting it. Give us a reasonable period to fix it, and do not access, modify or delete data belonging to anyone else while investigating. We will not pursue action against good-faith research that follows this.

13. Liability

To the fullest extent permitted by law, we are not liable for indirect or consequential loss, or for loss arising from your reliance on estimated figures or AI-generated content, from decisions you make about your diet or exercise, from data loss where you had the means to export a copy, or from the acts of third-party services the app depends on.

Where we are liable, our total liability is limited to the greater of the amount you paid us for the service in the twelve months before the claim, or ₹5,000.

Nothing in these terms limits liability that cannot lawfully be limited — including for death or personal injury caused by negligence, for fraud, or for rights you have as a consumer under the Consumer Protection Act, 2019 in India, under mandatory consumer law in the EU, UK or your own country, or under any other law that overrides these terms. If any provision here conflicts with such a law, that law wins and the rest of these terms continue to apply.

14. Privacy, data protection and grievances

How we handle your data is set out in the Privacy Policy. Our regulatory position, and your rights under the GDPR, India’s DPDP Act and US health-privacy laws, are explained on the Legal & Data Protection page. Residents of Washington and Nevada should also read the Consumer Health Data Privacy Notice.

Under section 13 of the DPDP Act you may raise a grievance about how your data is handled with our named contact:

• Shiven Upadhyay, Software Engineer
• shiven302@gmail.com
• A003, Sarla Mansion, Sector 44, Noida 201301, Uttar Pradesh, India

We acknowledge grievances within 72 hours and aim to resolve them well inside the 90-day statutory period. If we do not resolve yours, you may escalate to the Data Protection Board of India, or to your own data protection authority if you are in the EU or UK.

15. Ending the agreement

You can stop using Crumb Count at any time, and delete your account from Settings. We may end this agreement if you materially breach these terms, or if we discontinue the service — in which case we will give reasonable notice so you can export your data.

Sections that by their nature should survive termination — intended purpose and the medical disclaimer, acceptable use, intellectual property, liability, and governing law — continue to apply afterwards.

16. Changes to these terms

We may update these terms. The date at the top of this page changes when we do, and for material changes we will give notice in the app before they take effect. Continuing to use Crumb Count after that means you accept the updated terms; if you do not, stop using the app and delete your account.

17. Governing law

These terms are governed by the laws of India, and the courts at Noida, Uttar Pradesh have jurisdiction over disputes — except where the mandatory consumer law of your own country gives you the right to bring proceedings locally, which these terms do not remove.

If any provision is found unenforceable, the rest remain in force. Our not enforcing a term on one occasion does not waive it.

Contact

Questions about these terms or the app: xerosbynevish@gmail.com
Privacy, data protection and grievances: shiven302@gmail.com