GUSTIA TERMS OF USE

Last Updated: April 7, 2026
Effective Date: April 7, 2026
Version: 1.1


1. ACCEPTANCE OF TERMS

By downloading, installing, or using the Gustia mobile application (the "App"), you agree to these Terms of Use (the "Terms"). If you do not agree, do not use the App.

The App is provided by Forecast Fusion, LLC("we," "us," "our"), a North Carolina limited liability company with its principal place of business at 43 East Chestnut Street, Asheville, NC 28801, United States.

These Terms, together with our Privacy Policy, govern your use of the App.


2. DESCRIPTION OF SERVICE

Gustia helps users understand restaurant menus and make informed dining choices. The App:

  • Scans menus. You can photograph a restaurant menu and we use OCR and AI to extract and explain the dishes.
  • Explains dishes. We provide descriptions, predicted ingredients, and dietary attributes.
  • Filters by allergens. The App tries to flag common allergens based on predicted ingredients.
  • Filters by diet. You can filter menu items by preferences such as vegetarian, vegan, gluten-free, halal, kosher, and similar.
  • Finds restaurants. You can browse a database of restaurants and their menus.

The App is available on the Apple App Store and Google Play.


3. ELIGIBILITY AND AGE RESTRICTIONS

3.1 Age Requirements

You must be at least 13 years old to use Gustia. If you are in the EU/EEA or in another jurisdiction where the minimum age to consent to data processing is higher, you must meet the local minimum age or have a parent or legal guardian's permission.

This minimum-age requirement is separate from the content rating of the App on the Apple App Store and Google Play. The store ratings are set by the platforms based on content classification, and we follow whatever rating Apple and Google assign.

3.2 Age Verification

We use a simple self-declaration ("I am 13 or older") at sign-up. We do not request documentary proof of age. If we discover that a user is below the applicable minimum age we will remove the account as described in the Privacy Policy.


4. USER ACCOUNTS

4.1 Account Registration

To use certain features you need an account. You register with your email address. Authentication is handled by Clerk.

4.2 Account Information

You agree to provide accurate information, keep it up to date, keep your password confidential, and let us know at support@gustia.app if you suspect unauthorized access to your account.

4.3 Account Security

You are responsible for activity under your account. We are not responsible for losses caused by your failure to keep your credentials secure.

4.4 No Account Transfer

Your account is personal to you. You cannot sell, transfer, or share it.


5. USER CONTENT

5.1 License Grant

When you submit a menu photograph or other content through the App ("User Content"), you grant Forecast Fusion a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to host, store, reproduce, process, analyze, adapt, and create derived data from your User Content for the purpose of operating, maintaining, and improving the App and the Gustia menu database.

This license does not allow us to publicly display or commercialize your photographs in a way that identifies you, without your separate consent.

5.2 Retention and Deletion

We take steps to disassociate menu photographs from your user account before adding them to the restaurant menu database. Once disassociated, photographs may be retained on an ongoing basis as part of the database. If you delete your account, we delete your personal data, but disassociated photographs that are already part of the restaurant database are not removed. Photos already incorporated into the de-identified restaurant database cannot be withdrawn post-processing.

Forecast Fusion may retain and use non-personal derived data created from User Content โ€” including extracted menu text, ingredient annotations, allergen tags, and other database improvements โ€” indefinitely, even after your account is deleted.

5.3 User Retains Rights

You keep ownership of your original User Content. The license in Section 5.1 is the only license we receive.

Forecast Fusion owns, or has the right to use to the fullest extent permitted by applicable law, derived data, annotations, extracted text, database records, AI outputs, and service improvements created through operation of the App.

5.4 Responsibility for User Content

You are responsible for the menu photographs and other content you submit. You represent and warrant that:

  • You have the right to capture and submit a photograph of a publicly displayed menu.
  • The content does not infringe anyone's intellectual property, privacy, or other legal rights. Forecast Fusion processes it under applicable fair use, database, and licensing frameworks.
  • The content does not contain malware or anything harmful.
  • You do not submit images of individuals without their permission.

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (17 U.S.C. ยง 512). If you believe that content available through the App infringes your copyright, you may submit a takedown notice to our designated agent.

Designated DMCA Agent:

Forecast Fusion, LLC โ€” DMCA Agent
43 East Chestnut Street, Asheville, NC 28801, United States
Email: privacy@gustia.app

A valid takedown notice must include:

  1. Your physical or electronic signature (or that of a person authorized to act on behalf of the copyright owner).
  2. Identification of the copyrighted work you claim is infringed.
  3. Identification of the material you claim is infringing and enough information for us to locate it (e.g., a URL or description).
  4. Your contact information (name, address, telephone number, email).
  5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Counter-notice. If your content was removed and you believe the removal was a mistake or misidentification, you may send a counter-notice to the same address. A valid counter-notice must include: (a) your signature; (b) identification of the removed material and its former location; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake; and (d) your consent to the jurisdiction of the federal court in Buncombe County, North Carolina, and your agreement to accept service of process from the party who filed the original notice. If we receive a valid counter-notice, we will forward it to the original complainant and restore the material within 10โ€“14 business days unless the complainant files a court action.

Repeat infringers. We will terminate the accounts of users who are the subject of repeated valid takedown notices, in accordance with ยง 512(i).

Removal pending investigation. We may remove or disable access to allegedly infringing content at any time, including before a formal notice is received, if we become aware of facts or circumstances suggesting infringement.


6. ACCEPTABLE USE POLICY

6.1 Prohibited Activities

You agree not to:

  • Break any law or court order while using the App.
  • Scrape, bulk-download, or use automated tools to extract data from the App or its menu database, except as we expressly permit.
  • Reverse engineer, decompile, or disassemble the App.
  • Resell, republish, or commercially exploit the App's content, including menu data, allergen information, or restaurant information.
  • Impersonate another person or misrepresent your affiliation with any person or entity.
  • Harass, threaten, defame, or abuse anyone through the App.
  • Upload malware or anything that could disrupt the App or its servers.
  • Use the App to replace professional medical or dietary advice, or to misrepresent allergen information in a way that could endanger someone.

6.2 Enforcement

We may investigate suspected violations and suspend or terminate accounts that breach these rules.

We may also remove or disable access to User Content that we believe, in our sole discretion, violates these Terms, infringes third-party rights, or is required to be removed by applicable law or court order, without prior notice and without liability to you.


7. AI-GENERATED CONTENT DISCLAIMER

7.1 CRITICAL ALLERGEN SAFETY NOTICE

Please read this section carefully.

7.2 AI-Generated Predictions

Gustia uses AI (including OpenAI) to predict and identify ingredients in menu items. These predictions are:

  • AI-generated, not reviewed by a chef or by the restaurant;
  • Probabilistic โ€” they can be wrong, incomplete, or out of date; and
  • Not guaranteed to reflect what the restaurant actually uses or how the dish is prepared.

AI systems used in the App are designed with transparency in mind and that users are informed of AI-generated content per applicable law.

7.3 NO ALLERGEN GUARANTEE

Gustia does NOT guarantee the safety of any menu item for anyone with allergies. Allergen information in the App is:

  • A prediction made by AI based on likely ingredients.
  • Not verified with the restaurant.
  • Not a check for cross-contamination, shared preparation surfaces, oils, or sauces.
  • Possibly incomplete (we may miss allergens that are present) or incorrect (we may flag allergens that are not present).

7.4 Medical Disclaimer

Gustia is not medical advice. It is not a substitute for:

  • A licensed healthcare professional;
  • A registered dietitian; or
  • Direct conversation with the restaurant about what is in your food.

If you or someone you're ordering for has a food allergy or intolerance โ€” especially a serious one โ€” you must:

  1. Ask restaurant staff directly about ingredients and preparation.
  2. Tell them about your allergies and ask them to confirm the dish can be prepared safely.
  3. Ask about cross-contamination.
  4. Talk to a healthcare professional for medical guidance about your diet.

7.5 User Responsibility

You accept that:

  • You are responsible for verifying allergen and ingredient information with the restaurant before eating.
  • You will not rely only on Gustia for dietary decisions if you have any allergy or restriction.
  • You assume the risk of using the App for food-related decisions.

7.6 Limitation on AI Content Use

Do not use the App's ingredient or allergen output to make medical decisions, to advise others medically, or in any situation where a wrong answer could harm someone.


8. HEALTH AND SAFETY DISCLAIMER

8.1 Informational Purposes Only

The App is for information and education only.

8.2 Not Medical Advice

Nothing in the App is medical advice, diagnosis, or treatment, and we do not provide medical services.

8.3 Professional Consultation

If you have a food allergy, intolerance, or a health condition affected by diet, consult a licensed healthcare provider or registered dietitian. Do not rely on Gustia as a substitute.

8.4 Restaurant Communication

Restaurant staff are the authoritative source for what is in your food. Always speak to them directly about allergies and preparation.

8.5 User Assumption of Risk

You accept the risks of using the App and of any dietary decisions you make with its help. We are not liable for allergic reactions or other adverse health outcomes arising from your use of, or reliance on, the App.


9. INTELLECTUAL PROPERTY RIGHTS

9.1 Company Ownership

We own Gustia, including its code, design, user interface, content we create, and our trademarks and logos. This does not include User Content or third-party content.

9.2 Restaurant Data Attribution

Our restaurant and menu database is compiled from publicly available sources, restaurant websites, third-party databases, and user submissions. We respect the intellectual property rights of restaurants and data providers. Data may be sourced from public-facing and third-party sources but remains subject to applicable ownership rights and licenses.

9.3 Third-Party Content

The App may include content from third parties (restaurant names, images, maps, and similar). That content is subject to the licenses of its providers.

9.4 Limited License

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on your own device for personal use. You cannot:

  • Modify, translate, or create derivative works from the App;
  • Reverse engineer or decompile the App;
  • Remove any proprietary notices; or
  • Use the App for commercial purposes.

All rights not expressly granted in these Terms are reserved by Forecast Fusion and its licensors.

9.5 No License to Use App Content

You cannot reproduce, distribute, or commercially use content from the App (menu data, restaurant information, allergen information) beyond normal personal use of the App's features.


10. THIRD-PARTY SERVICES AND INTEGRATIONS

10.1 Essential Service Providers

Gustia depends on third-party services. By using the App you acknowledge that these services are governed by their own terms:

10.2 Third-Party Terms Control

We are not responsible for third-party services, and you agree to follow their terms where applicable.

10.3 Disclaimer

We are not responsible for third-party availability, performance, or security. If you have issues with a third-party service, contact them directly.


11. PUSH NOTIFICATIONS AND COMMUNICATIONS

With your consent, we may send you:

  • Transactional messages โ€” account, security, and support communications. These are necessary to run your account and cannot be opted out of if you keep using the App.
  • Product updates and tips โ€” only if you opt in, and you can opt out at any time.

11.2 Opt-Out

You can opt out of product updates at any time in Settings โ†’ Notifications, in your device notification settings, or by clicking "unsubscribe" in any email.

11.3 Frequency

We will not send excessive notifications. If you feel we are, emailsupport@gustia.app.


12. DEVICE PERMISSIONS

12.1 Requested Permissions

Depending on the features you use, the App may request:

  • Camera โ€” to photograph menus.
  • Photo library โ€” to let you pick an existing menu photo.
  • Location โ€” to find nearby restaurants.
  • Notifications โ€” to deliver alerts you opted in to.

12.2 Permission Grant and Revocation

You can grant or revoke any permission in your device settings at any time. If you revoke a permission, some features may not work.

12.3 Data Use

How we use data collected through these permissions is described in our Privacy Policy.


13. SERVICE AVAILABILITY AND MODIFICATIONS

13.1 "As-Is" Provision

The App is provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties about the accuracy, completeness, or reliability of the App, its content, or its predictions, and we do not guarantee uninterrupted or error-free operation.

13.2 Modifications and Updates

We may change, update, or remove features of the App at any time.

13.3 Discontinuation

We may discontinue the App or any feature at any time, with or without notice. We are not liable for consequences of discontinuation.

13.4 Service Interruptions

We do not guarantee uninterrupted service. The App may be temporarily unavailable for maintenance or due to events beyond our control.


14. ACCOUNT TERMINATION

14.1 Termination by User

You can delete your account at any time from Settings โ†’ Account โ†’ Delete Account, from gustia.app/delete-account, or by emailing privacy@gustia.app. A 30-day grace period applies, as described in the Privacy Policy.

14.2 Termination by the Company

We may suspend or terminate your account if you breach these Terms, use the App unlawfully, or abuse the service.

14.3 Effect of Termination

When your account ends, your access ends, your personal data is deleted as described in the Privacy Policy, and the sections of these Terms that by their nature should survive (liability, indemnification, intellectual property, disputes) will survive.

14.4 Data Retention After Termination

See Section 12 of the Privacy Policy for what gets deleted and what is kept.


15. LIMITATION OF LIABILITY

15.1 Disclaimer of Damages

To the maximum extent permitted by law, Forecast Fusion will not be liable for indirect, incidental, special, consequential, or punitive damages โ€” including lost profits, lost data, or loss of business โ€” arising out of your use of the App, even if we were advised of the possibility.

15.2 Specific Allergen Liability Limitation

We are not liable for:

  • Inaccurate or incomplete allergen or ingredient predictions.
  • Allergic reactions, health effects, or other consequences from eating a menu item you chose using the App.
  • Cross-contamination or preparation information that turns out to be wrong.
  • Errors by restaurant staff about allergens or ingredients.

This limitation applies regardless of the legal theory under which the claim is made.

15.3 Cap on Liability

To the maximum extent permitted by law, our total liability to you for any claim arising from your use of the App will not exceedUSD $100, since Gustia is provided to you free of charge.

15.4 Exceptions to Limitation

The limitations in Sections 15.1โ€“15.3 do not apply to:

  • Our gross negligence or willful misconduct;
  • Personal injury or death caused by our negligence;
  • Liability that cannot be excluded or limited under applicable law; or
  • Mandatory consumer protection rights.

15.5 Jurisdiction-Specific Limitations

If you live in a jurisdiction that does not allow some of the limitations above (for example, parts of the EU/EEA and California), those limitations apply to you only to the extent permitted by local law, and your mandatory consumer rights are not affected.


16. INDEMNIFICATION

You agree to indemnify and hold harmless Forecast Fusion, LLC and its officers, directors, employees, and contractors from any third-party claims, damages, and reasonable attorneys' fees arising from:

  • Your use of the App in a way that breaks these Terms or the law;
  • User Content you submit;
  • Your violation of someone else's intellectual property, privacy, or other rights; and
  • Any injury or damage caused by your reliance on the App's allergen or ingredient information when you should have checked with the restaurant.

17. DISPUTE RESOLUTION AND GOVERNING LAW

17.1 Governing Law

These Terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

17.2 Informal Resolution First

If you have a dispute with us, please contact support@gustia.app first. We will try in good faith to resolve it informally within 30 days.

17.3 Courts

If we cannot resolve the dispute informally, any claim will be heard by the state or federal courts located in Buncombe County, North Carolina, and you and we submit to the personal jurisdiction of those courts.

17.4 EU/EEA Consumers

For users in the EU, EEA, UK, and other jurisdictions with mandatory consumer protections: nothing in this Section 17 removes your mandatory rights under local consumer law. You may bring claims in the courts of your country of residence where local law allows it, and the choice of North Carolina law does not override mandatory protections that apply to you.

17.5 Injunctive Relief

We may seek injunctive or equitable relief in court to prevent misuse of the App, violation of our intellectual property, or other irreparable harm.


18. SEVERABILITY

If any part of these Terms is found to be invalid or unenforceable, that part will be modified only as much as needed to make it enforceable, or severed if modification is not possible. The rest of the Terms will remain in full force.


19. ENTIRE AGREEMENT

These Terms and our Privacy Policy are the entire agreement between you and Forecast Fusion about the App, and they replace any earlier agreement or understanding about the App.


20. CHANGES TO THESE TERMS

20.1 Right to Modify

We may update these Terms. When we do, we will update the "Last Updated" date at the top.

20.2 Notification

For material changes, we will notify you in the App or by email before the changes take effect.

20.3 Acceptance of Changes

If you keep using the App after changes are posted and you have been notified, you accept the updated Terms. If you do not accept them, stop using the App and delete your account.

20.4 Material Changes

If a change materially reduces your rights or increases your obligations, you may delete your account without penalty within 30 days of the notification.


21. APPLE AND GOOGLE ACKNOWLEDGMENTS

21.1 Apple App Store

If you downloaded the App from the Apple App Store:

  • These Terms are between you and Forecast Fusion, not Apple.
  • Apple is not responsible for the App or any claims you have about it.
  • Apple is a third-party beneficiary of these Terms and may enforce them against you.
  • You confirm that you are not in a country under a US government embargo and are not on any US government list of prohibited or restricted parties.
  • Forecast Fusion, not Apple, is solely responsible for maintenance and support services for the App.
  • Forecast Fusion, not Apple, is responsible for any product liability or consumer protection claims.
  • Forecast Fusion, not Apple, bears responsibility for third-party IP infringement claims related to the App.
  • The license scope is consistent with Apple's usage rules and is no broader than those rules permit.

21.2 Google Play Store

If you downloaded the App from Google Play:

  • These Terms are between you and Forecast Fusion, not Google.
  • Google is not responsible for the App or any claims you have about it.
  • You agree to follow Google Play's usage rules.

22. CONTACT INFORMATION

Forecast Fusion, LLC
43 East Chestnut Street
Asheville, NC 28801, United States
Email (general and legal): support@gustia.app
Email (privacy): privacy@gustia.app

We aim to respond within 30 days.


23. WAIVER

If we do not enforce a provision of these Terms right away, that does not mean we have given it up. We can still enforce it later.


END OF TERMS OF USE


Document Metadata

  • Organization: Forecast Fusion, LLC
  • Document: Gustia Mobile App โ€” Terms of Use
  • Effective Date: April 7, 2026
  • Last Revised: April 7, 2026 (v1.1 MVP)
  • Jurisdictions: United States (North Carolina governing law), EU/EEA mandatory consumer protections preserved
  • Version: 1.1