FGBG

FGBG Terms of Service

Version 1.0 (draft). Effective date: (to be confirmed)

The short version (plain-language summary, not a substitute for the full Terms)

1. Who we are and this agreement

1.1 These Terms are a binding agreement between you and EUMENES.AI PTE. LTD. (Singapore, UEN 202648582K), (to be confirmed) ("we", "us"). They cover the FGBG app, its servers, websites and support (the "Service").

1.2 You accept by tapping "I agree" in the app or by using the Service. The Privacy Policy (https://fgbg.club/privacy/) is part of these Terms.

1.3 Google is not a party. Google LLC is not responsible for the Service. Google Play's terms govern your use of Google Play and Play purchases.

1.4 Consumers. A "consumer" uses the Service mainly for personal purposes. Section 19 sets out country-specific rules and prevails over any other section.

2. Eligibility

You must be 18+ (or the age of majority where you live) and able to contract. You may not use the Service where the law or sanctions bar it, or in countries where we don't offer it.

3. What the Service does

3.1 The Service: (a) lets you record dietary preferences, restrictions, allergies and targets (your "Profile"), on your device; (b) shows nearby food places and ranks their dishes against your Profile, with suggested modifications ("swaps") and estimated nutrition ("Estimates"); (c) at Supported Shops, prepares and submits orders through the shop's own website, app or API on your instructions ("Ordering Assistant"); (d) can try to learn how to order at a new shop when you scan a QR code or share a link ("Learn this shop"); (e) keeps a food log on your device and, if you choose, writes it to Health Connect.

3.2 Coverage changes. Shops can change their websites, prices, menus or terms at any time. Integrations may stop working without notice. We may add, suspend or remove any shop, including at the shop's request. "Learn this shop" may fail. When it fails, the app falls back to showing the menu or opening the shop's own page.

3.3 Changes and updates. We may change features to improve the Service, for security or legal reasons, or because of supplier or shop changes. We may require a minimum app version. We will not remotely delete your on-device data.

4. Nutrition estimates and diet labels: not medical advice (important)

4.1 Estimates only. Estimates and labels (✅ "fits", 🔧 "fits with one swap", ❌ "doesn't fit", "keto", "high-protein", "diabetic-friendly", "low-sodium" and so on) are automated, AI-assisted approximations from menu descriptions, photos, typical recipes and user feedback. They are not laboratory values, they are not provided by the shop, and they can be wrong, incomplete or out of date. Portions, recipes, sauces, oils and preparation vary by outlet, by day and by staff.

4.2 Not medical, dietetic or health advice. The Service is a general wellness and convenience tool. It is not a medical device, and it does not diagnose, treat, cure, monitor or prevent any disease or condition. It does not replace advice from a doctor, dietitian or other qualified professional. If you have diabetes, kidney disease, hypertension, an eating disorder, are pregnant or breastfeeding, take medication affected by diet, or have any medical condition, consult your healthcare professional before changing your diet, and follow their plan over anything the app shows. Default targets (for example a daily net-carb limit or protein goal) are general population defaults, not personal prescriptions.

4.3 Swaps are requests, not guarantees. A swap ("no rice, extra veg, sauce on the side") is a suggestion that you or the app pass to the shop. The shop may refuse it, charge for it or get it wrong. Check your food before you eat it.

5. Allergies, intolerances and religious or ethical requirements (important)

5.1 No allergen guarantee. We cannot and do not guarantee that any dish is free from any allergen or ingredient, including peanuts, tree nuts, shellfish, fish, egg, milk, soy, wheat or gluten, sesame, mustard, celery, lupin, molluscs or sulphites. Ingredient lists can be incomplete, and cross-contact in kitchens is common. The app never treats an allergen as removable by a swap, but even an item marked as not containing an allergen may contain it.

5.2 Always tell the staff and confirm. If you have a food allergy or coeliac disease, you must tell the shop's staff and confirm the ingredients and preparation with them every time, and carry any medication your doctor has prescribed. Do not rely on the Service as your only safeguard where a mistake could cause a reaction.

5.3 Halal, kosher, vegetarian, vegan, Jain and similar. We cannot verify certification, kitchen practices or supply chains. Labels show what a menu appears to contain, not certification. Check the shop's certificate (for example MUIS in Singapore) where it matters to you.

5.4 Indication only; no responsibility for allergy-related matters. Allergen information in the Service (including dishes hidden or greyed out because they contain, may contain or are likely to contain an allergen you entered, and the "allergen info unknown" flag) is an indication only. To the extent permitted by law (Section 19), EUMENES.AI PTE. LTD. accepts no responsibility for allergy-related matters. Always confirm with the restaurant that your allergens are not present. The app shows this notice when you enter allergies (you must acknowledge it), as a banner on dish lists while allergies are set, and before every order, together with a phrase you can show the staff.

5.5 Shops' allergen information. The shop is responsible for the food it prepares and for the allergen and ingredient information it is legally required to give you.

6. Ordering: the shop is the seller; the app is your assistant

6.1 Merchant of record. Every order is a contract between you and the shop (the "Merchant"). The Merchant sets prices, taxes, fees, availability and preparation times, accepts or rejects the order, charges you, and is responsible for the food, its safety and quality, delivery or pickup, cancellations, refunds and customer service, under the Merchant's own terms. We are not the seller, a reseller, a marketplace operator, a payment provider or the Merchant's agent. We don't set or mark up the food price, and we don't collect or hold your money for orders.

6.1A Dine-in or takeaway, every order. The app asks you on every order whether you eat in or take away. The Merchant may charge different prices for each (for example a takeaway packaging charge), and the price shown is the Merchant's. After a successful order, the app may save the Merchant's confirmation page (for example the queue number) on your phone so you can show it at pickup; only a text summary (shop, order number, queue number, total, time, items) is stored in your account.

6.2 The app acts as your agent, on your instructions. When you use the Ordering Assistant, you authorise and instruct the app to access the Merchant's website, app or ordering interface from your device, using your network, your details and (where applicable) your account, and to perform the steps needed to prepare and place the order you have reviewed. Those steps include filling forms, selecting items and submitting the order. The app only does this when you start it. - Before any payment the app shows a confirmation screen with the items, the total and the payment method. Nothing is paid until you confirm. - You are responsible for checking the order and the total before confirming.

6.3 Merchant terms. By ordering, you enter into and agree to comply with the Merchant's terms and policies. We show a link where available. You are responsible for your relationship with the Merchant. If a Merchant objects to its site or app being used through the Service, we may stop supporting it.

6.4 Shop accounts created for you. If you ask the app to create an account at a Merchant, you authorise it to sign up in your name, with the email or phone you provide and a password generated and stored on your device. You confirm any one-time code. You accept the Merchant's terms for that account, and you are the account holder. We create at most one account per shop for you, and only when you ask. You can "forget" stored credentials at any time; deleting the account itself is done through the Merchant.

6.5 Errors, duplicates and failures. Websites change and networks fail. An order may fail, be placed incorrectly, be placed without the app being able to confirm it, or be charged by the Merchant and not fulfilled. To reduce the risk: - we record your order intent before payment; - we never automatically retry a payment step; - we warn you about likely duplicates. If something goes wrong, contact the Merchant first. The Merchant controls the order and the refund. We will help with information from your device (the order log) where we can. Sections 17 and 19 set out our liability.

6.6 Prices and availability shown in the app come from the Merchant and may be out of date. The Merchant's checkout price prevails.

6.7 No guarantee of acceptance. The Merchant may reject, cancel or change an order, or refuse a swap.

7. Payments and your card

7.1 We never receive your card details. By default you pay on the Merchant's own payment page, shown in the app. Google Autofill or Google Pay saved cards may help you fill it.

7.2 Optional on-device card storage (if offered). If you choose to save a card on your phone, it is encrypted with Android Keystore, unlocked by your biometric or screen lock, and inserted only into the payment page of the Merchant you are paying. The security code is never stored. You are responsible for keeping your device and screen lock secure. We are not responsible for payments made by someone who unlocks your device.

7.3 Charges, disputes and chargebacks are between you, the Merchant, its payment provider and your card issuer.

8. Learn this shop

8.1 When you start "Learn this shop", the app opens the shop's page on your device, and our system (which includes AI) directs the app to explore the menu and ordering pages without submitting any order or payment. Personal details are removed on your device before page data is sent to us (Privacy Policy 3.4).

8.2 The resulting menu and ordering method ("Recipe") is information about the shop. It belongs to us and may be used for all users. You grant us a worldwide, royalty-free, perpetual licence to use the page data and any menu photos or text you submit for this purpose. You confirm you have the right to submit them.

8.3 A Recipe may be wrong. Every order still requires your confirmation (Section 6.2).

9. Acceptable use

You must not: (a) use the Service to place fraudulent, abusive, bulk or resale orders, to abuse promotions, vouchers or sign-up offers, or to create multiple or fake accounts at shops; (b) use it with someone else's account, card or identity without authority; (c) attempt to bypass a shop's security, CAPTCHA, rate limits or access controls, or use the Service after a shop has told you that you may not use its service; (d) reverse-engineer, scrape, overload or misuse our servers, or extract our database of places, menus, estimates or Recipes; (e) submit content that is unlawful, infringing or harmful, or that shows other people without their consent; (f) break any law. We may suspend access for breach (Section 15).

10. Plans and billing (FGBG Pro)

10.1 Core features are free. Pro features are sold as subscriptions through Google Play Billing. Prices are shown before purchase. Subscriptions renew automatically until you cancel in Google Play; cancellation takes effect at the end of the paid period. Free trials convert to paid unless you cancel before the trial ends.

10.2 Refunds follow Google Play's policies and your local law. You can also contact support@eumenes.ai.

10.3 No reduction during a paid period. We won't reduce a paid plan's features during a period you've already paid for. For future periods, we give at least 30 days' notice of material negative changes, and you may cancel.

10.4 Pro fees are for our software only. They never include food, and we never charge you for food.

11. Third-party services

Merchants, payment providers, Google (Play, Health Connect, Sign-in, Autofill), map data providers and AI providers are third parties. Their terms govern your use of them. We are not responsible for their acts, omissions, availability, content or policies, except for processors we engage, as set out in the Privacy Policy. Merchant names are used only to identify the shops; we are not affiliated with or endorsed by any Merchant unless we say so expressly.

12. Licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on devices you own or control. Except as the law or open-source licences allow, you may not copy, modify, distribute, sell, decompile or reverse-engineer it, or use it to build a competing service. Open-source licences are listed in the app.

13. Intellectual property and content

The Service, including the places database, Estimates, Recipes, software, design and marks, belongs to us or our licensors. You own the content you create (for example your food log). You grant us a licence to use feedback and submitted menu content to operate and improve the Service.

14. Your device and security

Keep your device secure: screen lock, OS updates, and not rooting the device. Anyone who unlocks your device may be able to see your Profile and log and place orders. We are not responsible for loss caused by access to your device or accounts that is not due to our failure to take reasonable security measures.

15. Suspension and termination

You may stop at any time: cancel Pro in Google Play, then use "Delete my data" and uninstall. We may suspend or end your access if you materially breach these Terms, if the law or Google Play requires it, if your use creates risk for others or for us, or if we discontinue the Service. Where reasonable and lawful we give notice and reasons. If we end a paid plan for reasons other than your breach, we refund the unused prepaid part. Sections 4–8, 13 and 16–23 survive.

16. Disclaimer of warranties

To the maximum extent permitted by law, the Service, including all Estimates, labels, swaps, Recipes, place and menu information and the Ordering Assistant, is provided "as is" and "as available". We disclaim all warranties, conditions and representations, express or implied, including merchantability, satisfactory quality, fitness for a particular purpose (including any dietary, medical or allergen purpose), accuracy, non-infringement, and uninterrupted or error-free operation. This does not affect statutory rights that cannot be excluded (Section 19).

17. Limitation of liability

17.1 What we never exclude or limit: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct or gross negligence; (d) product-liability law; (e) any other liability that cannot lawfully be excluded or limited. Sections 17.2–17.6 apply only as far as the law permits and subject to Section 19.

17.2 The food and the Merchant. We are not liable for the food: its ingredients, allergens, contamination, preparation, quality, safety or nutritional content. We are not liable for any act or omission of a Merchant or payment provider, including failed, wrong, late, duplicate or unfulfilled orders and refunds. Those are the Merchant's responsibility under its contract with you, except to the extent the loss was caused by our own breach of these Terms or our negligence in operating the Ordering Assistant. Even then, our liability for an order is limited to the amount you were charged for that order.

17.3 Reliance on Estimates. We are not liable for loss arising from reliance on Estimates, labels or swaps, including health outcomes, allergic reactions or failure to meet dietary or religious requirements, where you did not confirm with the shop as Section 5 requires, or where the information came from the Merchant or third parties.

17.4 Excluded losses. We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, data or anticipated savings. EU/EEA and UK consumers: this does not exclude loss that was reasonably foreseeable to both of us when you accepted these Terms.

17.5 Cap. Our total aggregate liability arising out of or relating to the Service or these Terms is limited to the greater of (a) the amounts you paid us (Pro fees, not food orders) in the 12 months before the event, plus, for a claim under 17.2, the charge for the affected order; and (b) (to be confirmed) or the local equivalent.

17.6 Claims period. Bring claims within one year of when you knew, or should have known, of them, unless your local law prohibits shortening the limitation period.

17.7 Each limitation is separate and severable. The limitations also protect our owners, directors, staff, contractors and successors. The free price and the Pro price reflect this allocation of risk.

18. Indemnity

To the extent permitted by law, you will indemnify us against third-party claims, including claims by Merchants, and against reasonable costs arising from your breach of Section 9, your breach of a Merchant's terms, or your unlawful use of the Service. For consumers in the EU/EEA, UK, Australia, Brazil, Japan, Korea, Québec and anywhere else where a broader indemnity is unenforceable, this applies only to intentional or negligent breach, and only as far as local law allows.

19. Jurisdiction-specific terms (these prevail)

19.0 General. If you are a consumer, nothing in these Terms, including the choice of Singapore law, removes the mandatory protections of the law of your country of residence. A term that is unfair or unenforceable there applies only to the extent permitted.

19.1 Singapore. Nothing excludes rights under the Consumer Protection (Fair Trading) Act 1985 or liability that can't be excluded under the Unfair Contract Terms Act 1977. Consumers may use the Small Claims Tribunals.

19.2 EU/EEA and Switzerland (consumers). Your rights under Directive (EU) 2019/770 (conformity of digital services) are unaffected. We are liable without limit for intent, gross negligence, and injury to life, body or health, and under product-liability law. For slight negligence we are liable only for breach of essential contractual obligations (Kardinalpflichten), up to the foreseeable, typical damage; Sections 17.5 and 17.6 do not apply. You have a 14-day right of withdrawal from Pro subscriptions (you may be asked to pay pro rata if you asked the service to start immediately). You may sue in your country's courts. Food orders are contracts with the Merchant, and withdrawal rights for perishable goods are governed by the Merchant's terms and the law.

19.3 United Kingdom (consumers). The Consumer Rights Act 2015 is unaffected (digital content and services must be of satisfactory quality, fit for purpose, as described, and provided with reasonable care and skill); 17.5 and 17.6 do not apply to such claims. 14-day cancellation under the Consumer Contracts Regulations 2013 for Pro. UK courts are available.

19.4 Australia. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and receive a refund for the unused portion, or compensation for its reduced value. You are also entitled to compensation for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel and obtain a refund for the unused portion. Sections 16–18 apply only to the extent they don't exclude, restrict or modify these rights. No term is intended to be an unfair contract term.

19.5 New Zealand. The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 are unaffected for consumers. Business users agree the CGA does not apply (s.43).

19.6 Japan. We are not exempt from liability for wilful misconduct or gross negligence. The exclusions and the cap in Section 17 apply only to liability arising from our ordinary (light) negligence. The Consumer Contract Act prevails.

19.7 Republic of Korea. Terms that unfairly exclude our liability, particularly for intent or gross negligence, do not apply (Act on the Regulation of Terms and Conditions). Korean courts with jurisdiction over your domicile are available.

19.8 India. The Consumer Protection Act 2019 and the DPDP Act 2023 are unaffected. Grievance Officer: (to be confirmed), support@eumenes.ai. We acknowledge within 48 hours and aim to resolve within 30 days.

19.9 Malaysia / Indonesia / Thailand / Philippines / Vietnam. Mandatory consumer and personal data protection laws prevail, for example Malaysia's Consumer Protection Act 1999 and PDPA 2010, Indonesia's Consumer Protection Law 8/1999 and PDP Law 27/2022, Thailand's PDPA, the Philippines' Consumer Act and Data Privacy Act 2012, and Vietnam's Decree 13/2023.

19.10 Brazil. The CDC (Law 8.078/1990) and the LGPD are unaffected. Clauses exempting or reducing liability toward consumers do not apply where prohibited. Courts of your domicile are available.

19.11 Canada / Québec. In Québec, Sections 16–18 and 20.4 apply only to the extent permitted by the Consumer Protection Act; Québec courts are available. Elsewhere in Canada, provincial consumer law prevails.

19.12 United States. Some states don't allow exclusion of implied warranties or limitation of incidental or consequential damages; there, Sections 16 and 17 apply to the maximum extent permitted. New Jersey: Sections 16, 17.4, 17.5 and 18 apply only as far as New Jersey law permits. California: Cal. Civ. Code §1789.3: Complaint Assistance Unit, Division of Consumer Services, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

19.13 Elsewhere. Mandatory consumer law of your country prevails to the extent of any conflict.

20. Governing law and disputes

20.1 Talk to us first. Email support@eumenes.ai. We both try in good faith for 60 days before formal proceedings, except for urgent injunctive relief or where your law doesn't allow this requirement.

20.2 Governing law: Singapore, subject to Section 19.0. For US users, the Federal Arbitration Act governs Section 20.4.

20.3 Non-consumers: SIAC arbitration in Singapore, one arbitrator, in English.

20.4 US consumers: binding individual arbitration (AAA Consumer Arbitration Rules, and the Mass Arbitration Supplementary Rules where applicable). You waive a jury trial. Class, collective and representative proceedings are waived. - Small-claims court and IP injunctions are excepted. - Public injunctive relief that cannot be waived is severed and decided by a court after arbitration. - Opt out within 30 days of first accepting by emailing support@eumenes.ai with your name, the Google account email and "I opt out of arbitration". - If the class waiver is unenforceable for a claim, that claim goes to court.

20.5 Other consumers may sue in Singapore or in their country of residence. We sue consumers only in their country of residence where its law requires it.

21. Changes to these Terms

For material changes that are not in your favour, we give at least 30 days' notice in the app, except changes urgently required by law or for security. If you don't agree, stop using the Service and cancel Pro before the change takes effect. Changes to Section 20.4 don't apply to claims we already know about.

22. Assignment

We may assign or novate these Terms to a group company or to an acquirer of the Service, without reducing your rights. We will notify you. You may not assign without our consent.

23. General

Entire agreement (with the Privacy Policy and in-app plan terms) · severability, which works sentence by sentence and minimally (for EU consumers, an invalid term is disregarded) · no waiver · force majeure (outages of Google, Merchants, networks or AI providers; OS changes; natural events; government action; attacks we could not reasonably prevent), which does not affect refund rights · notices in the app, by push or by email · English prevails unless your law requires otherwise · no third-party rights (Contracts (Rights of Third Parties) Act 2001), except the persons protected in Sections 17.7 and 18 · export and sanctions compliance.

24. Contact

EUMENES.AI PTE. LTD., (to be confirmed). UEN 202648582K. Support, legal notices and arbitration opt-out: support@eumenes.ai · https://eumenes.ai

DRAFTING NOTES (remove before publication): - Clickwrap at onboarding ("I agree" with conspicuous links). Log the Terms version and timestamp on the device. In addition, show an allergy acknowledgement the first time the user adds an allergy: "I'll always confirm with staff." - Section 6.2 (agent authorisation) and 6.4 (account creation) are the core of the "user is the one accessing" position (Amazon v Perplexity, 9th Cir. Aug 2026). Keep the product true to them: user-initiated only, the user's device and IP, confirmation before payment, no CAPTCHA solving. - Section 17.2's "the charge for the affected order" deliberately carves out our own negligence (for example a recipe bug double-submits). A total exclusion would likely be struck down under UCTA/ACL/EU law and would look bad. The intent log (SPEC §6) gives us evidence. - Health positioning: keep listing and in-app copy within "general wellness" (no "treat", "manage your diabetes"), so the app stays outside medical-device rules (HSA SaMD guidance, EU MDR, FDA general-wellness policy). Counsel item. - Japan 19.6 is explicit on purpose. After the 2023 Consumer Contract Act amendment, a cap phrased only as "to the extent permitted by law" is void (same note as MyCarme). - If launching in SG only (recommended), 19.2–19.12 can stay as written; they are harmless and future-proof.