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Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, “your”) and Variety 20 Limited (“Variety 20”, “we”, “us”, “our”), a New Zealand registered company, governing your access to and use of the Variety 20 mobile application and related services (the “Services”).

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the App.

1. Eligibility & Account

1.1 Eligibility

To use Variety 20, you must be at least 16 years of age, have the legal capacity to enter into a binding agreement, and not be prohibited from using the Services under applicable law. If you are using the App on behalf of an organisation, you represent that you have authority to bind that organisation.

1.2 Account creation

To access certain features, you may create an account. You agree to provide accurate information, keep your password secure, accept responsibility for all activity under your account, and notify us immediately of any unauthorised access.

1.3 One account per user

Each user may maintain only one account. We reserve the right to terminate duplicate accounts.

1.4 Changes to terms

We may modify these Terms at any time. For material changes we will update the “Last updated” date, notify you via email and/or in-app notification at least 14 days before changes take effect. Continued use after that constitutes acceptance.

2. Description of Services

2.1 What Variety 20 does

Variety 20 is a dietary variety tracking application designed to help you track weekly consumption of fruits, vegetables and other plant foods toward a goal of 20 unique plant varieties per week. Features include AI-powered photo and voice recognition for food logging, a personal Library of past logs, dashboard analytics, and optional water and mood tracking.

2.2 Service availability

We strive to maintain continuous availability but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to scheduled maintenance, technical issues, or factors beyond our control.

3. Subscription Plans & Pricing

3.1 Service tiers

Variety 20 is a paid mobile application. All users must subscribe to access the App. We may add a free or trial tier in the future.

3.2 Pricing

Current pricing in New Zealand Dollars, inclusive of GST. Prices may differ in your local currency and are subject to change. We will notify you at least 30 days before any price increase affecting your current subscription.

3.3 Payment processing

Subscriptions are processed through the Apple App Store or Google Play Store. Payment terms are governed by the respective app store's terms of service. By subscribing, you authorise the app store to charge your chosen payment method on a recurring basis until you cancel.

3.4 Automatic renewal

Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. Renewal charges are processed by the app store.

3.5 Cancellation

You may cancel your subscription at any time through your device's app store settings:

• iOS: Settings › Apple ID › Subscriptions › Variety 20
• Android: Google Play Store › Menu › Subscriptions › Variety 20

Upon cancellation you retain access until the end of your current billing period. Your data is retained according to our Privacy Policy.

3.6 Refunds

Refund policies are governed by the Apple App Store or Google Play Store. We do not directly process refunds. We may, at our sole discretion, provide refunds or credits in exceptional circumstances.

4. User Content

4.1 Your content

“User Content” includes any content you submit through the App: food photos, voice recordings, food logs and notes, Library items, feedback and communications.

4.2 Ownership & licence

You retain ownership of your User Content. By submitting User Content, you grant us a limited, non-exclusive, royalty-free licence to process your photos and voice for AI food identification, store your data to provide the Services, generate aggregated and anonymised statistics, and display your content back to you within the App.

This licence terminates when you delete your content or account, except for anonymised aggregated data, content we are required to retain by law, and backup copies in our disaster recovery systems (deleted within 30 days).

4.3 Content standards

You agree not to submit User Content that violates any law, infringes intellectual property rights, contains malware, is fraudulent or misleading, is obscene or offensive, or harasses or harms others. We reserve the right to remove any User Content that violates these Terms without prior notice.

5. AI-Powered Features

5.1 AI food recognition

Variety 20 uses AI to identify foods from photos, transcribe and parse voice recordings, generate nutritional scores, provide educational explanations, and suggest recipes.

5.2 AI limitations and disclaimers

You acknowledge and agree that:

• AI is not perfect. Food recognition may misidentify items, especially for unusual foods, blurry photos, or regional cuisines not well-represented in training data.
• Scores are educational estimates. Nutritional scores are based on general principles and are not precise scientific measurements or personalised medical advice.
• You can provide feedback. If results seem incorrect, you can flag “I don't trust this result” or manually correct entries.
• AI processing requires data transmission. When using photo or voice features, your content is transmitted to our servers for AI processing. See our Privacy Policy for details.

5.3 No guarantee of accuracy

We do not guarantee the accuracy, completeness, or reliability of AI-generated content. Use your own judgment and, when in doubt, consult qualified professionals.

6. Health Information Disclaimer

6.1 Consult healthcare professionals

You should always seek the advice of a qualified healthcare provider with any questions regarding medical conditions, dietary needs, or nutritional requirements. Never disregard professional medical advice or delay seeking it because of information from this App. Consult a doctor, dietitian, or other qualified professional before making significant dietary changes, especially if you have food allergies or intolerances, diabetes, eating disorders, are pregnant or breastfeeding, have chronic health conditions, or take medications that interact with foods.

6.2 Allergy warning

While you may enter allergy information in the App, Variety 20 does not guarantee detection of allergens in foods, cannot verify the accuracy of food identification for allergy purposes, is not a substitute for reading food labels, and is not liable for allergic reactions resulting from reliance on App information. If you have serious food allergies, always verify food contents through reliable sources before consumption.

6.3 No health claims

Variety 20 does not claim that using the App will cure, treat, or prevent any disease, guarantee specific health outcomes, replace medical treatment, or provide complete nutritional information.

7. Intellectual Property

7.1 Our intellectual property

The App and its original content, features, and functionality are owned by Variety 20 Limited and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes the Variety 20™ name, logo, and branding; App design, user interface, and user experience; the food database and variety definitions; AI models and scoring algorithms; educational content; and source code.

7.2 Limited licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to download and install the App on your personal device, use the App for personal non-commercial purposes, and access features according to your subscription tier.

7.3 Restrictions

You may not copy, modify, or distribute the App or its content; reverse engineer, decompile, or disassemble the App; remove any copyright or proprietary notices; use the App for commercial purposes without our written consent; create derivative works; scrape, harvest, or extract data from the App; use automated systems or bots; or sublicense or transfer your rights to others.

8. User Conduct

You agree to use the App only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable law, regulation, or third-party right
• Upload viruses, malware, or harmful code
• Attempt to gain unauthorised access to our systems or other users' accounts
• Interfere with or disrupt the App's functionality
• Circumvent access restrictions or security measures
• Impersonate any person or entity
• Collect or harvest user information without consent
• Send spam or engage in fraudulent activity

We reserve the right to investigate suspected violations, suspend or terminate accounts, remove content, report illegal activities to law enforcement, and take any action we deem necessary to protect our users and Services.

9. Third-Party Services

The App is distributed through the Apple App Store and Google Play Store; your use is also subject to their respective terms of service. The App may contain links to third-party websites or services. We are not responsible for the content or practices of third-party sites, transactions you conduct with third parties, or damages arising from your use of third-party services.

10. Termination

10.1 Termination by you

You may terminate your account at any time by using the “Delete Account” feature in Settings.

10.2 Termination by us

We may suspend or terminate your account immediately, without prior notice, if you breach these Terms, engage in fraudulent or illegal activity, abuse or misuse the Services, where required by law, or if we discontinue the Services (with reasonable notice).

10.3 Effect of termination

Upon termination your licence to use the App terminates immediately and you must delete all copies of the App from your devices. Provisions that by their nature should survive (including intellectual property, disclaimers, and limitation of liability) will survive termination.

11. Disclaimers

THE APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF CONTENT, UNINTERRUPTED OR ERROR-FREE SERVICE, AND SECURITY OF DATA TRANSMISSION.

WE SPECIFICALLY DISCLAIM ANY WARRANTY REGARDING THE ACCURACY OF AI FOOD RECOGNITION, THE RELIABILITY OF NUTRITIONAL SCORES, THE COMPLETENESS OF EDUCATIONAL INFORMATION, OR THE SUITABILITY OF RECOMMENDATIONS FOR YOUR SPECIFIC NEEDS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VARIETY 20 LIMITED, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; OR DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR ONE HUNDRED NEW ZEALAND DOLLARS ($100 NZD).

12.1 Consumer Guarantees Act (New Zealand)

For users in New Zealand: Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Consumer Guarantees Act 1993 that cannot be excluded, restricted, or modified by agreement.

13. Indemnification

You agree to indemnify, defend, and hold harmless Variety 20 Limited and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the App, your violation of these Terms, your violation of any third-party rights, your User Content, or any misuse of your account.

14. Dispute Resolution

14.1 Informal resolution

Before initiating formal dispute resolution, you agree to contact us to attempt to resolve any dispute informally. We will attempt to resolve disputes within 30 days.

14.2 Governing law & jurisdiction

These Terms are governed by the laws of New Zealand, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts of New Zealand.

14.3 Class action waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. General Provisions

Entire agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Variety 20 Limited regarding the Services.

Severability. If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any right or provision shall not constitute a waiver.

Assignment. You may not assign your rights without our prior written consent. We may assign our rights and obligations without restriction.

Force majeure. We are not liable for failure or delay in performance due to circumstances beyond our reasonable control.

16. Contact

• Support: [email protected]
• Privacy: [email protected]

Summary