Terms of Service · Gusto

Last updated: 13 May 2026 Document version: 1.0 (V1 launch draft) Italian version: Versione italiana

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1. Preamble

These Terms of Service ("Terms" or "ToS") govern the use of the "Gusto" iOS app and related services (the "Service"), provided by Gusto · Ben ("Gusto", "we"). By downloading, installing or using the app you fully accept these Terms. If you do not agree, do not install the app.

For the processing of personal data, see our Privacy Policy.

2. What Gusto does

Gusto is an assistant for weekly diet planning. In short:

• It generates personalized weekly meal plans based on tastes, goals, anthropometrics, cultural preferences, and context.
• It tracks meals eaten, skipped, substituted, or off-plan ("sgarro").
• It allows you to take body photos to estimate body composition (body-fat / lean-mass %) and fridge photos for suggestions based on available ingredients.
• It integrates with Apple Health (HealthKit) for weight, calories, and hydration.
• It offers a PRO subscription mode (gusto.pro.monthly €5.99/month with a 7-day free trial) unlocking unlimited AI generation, periodic body re-estimation, removal of advertising, and other advanced features.

3. Gusto is NOT a medical device

⚠️ Important. Gusto is an informational and lifestyle-support tool. It is NOT a medical device under EU Regulation 2017/745 (MDR) nor a healthcare service. It does not replace the opinion of a physician, dietitian, nutritionist, or other qualified professional.

Caloric, body-composition, and macronutrient estimates, dish recommendations, and filters tied to health conditions (e.g. diabetes, hypertension, hypercholesterolemia) are based on heuristics, statistical models, and AI models that may produce inaccurate results or results unsuitable for your specific situation.

Always consult a healthcare professional before:

• Starting a significantly hypocaloric or hypercaloric diet
• Changing diet in the presence of pathologies (diabetes, hypertension, dyslipidemia, kidney disease, pregnancy, breastfeeding, eating disorders, severe allergies, etc.)
• Making clinical decisions based on information drawn from the app

In a medical emergency, contact your local emergency number (112 in the EU, 911 in the US) or the nearest emergency room. Gusto is NOT an emergency service.

4. Minimum age and capacity

To use Gusto you must be at least 16 years old and have legal capacity to enter contracts. If you are a minor, registration is not allowed; if you become aware of an account created by a minor under 16, report it to support@swipegusto.com.

5. Account and user responsibilities

• Authentication occurs via Sign in with Apple.
• You are responsible for the confidentiality of your credentials and for every activity performed by your account.
• You agree to provide truthful and up-to-date data (weight, height, declared health conditions, etc.). False data may compromise the accuracy of the Service.
• You may not: (i) use the app for illegal purposes; (ii) reverse engineer, decompile, or disassemble the code; (iii) attempt to circumvent protections or security systems; (iv) use bots or scrapers; (v) create multiple accounts to bypass free-tier limits; (vi) upload content that infringes third-party rights.

6. PRO subscription and billing

6.1 Free and PRO modes

Gusto is free with basic features. PRO mode unlocks the advanced features described in section 2.

6.2 Free trial and automatic renewal

The PRO subscription includes a 7-day free trial. At the end of the trial the subscription renews automatically at the indicated price (€5.99/month, subject to change), charged to your Apple ID account. Renewal is automatic unless canceled at least 24 hours before the end of the current period.

6.3 Management and cancellation

Subscription management and cancellation occur in your Apple ID settings: iOS Settings → [Your name] → Subscriptions → Gusto. Uninstalling the app does NOT cancel the subscription.

6.4 Right of withdrawal

Article 16(m) of EU Directive 2011/83 (Italian Art. 59.1(o) Consumer Code) excludes the right of withdrawal for digital content supplied on a non-tangible medium, if performance has begun with the consumer's express consent. The 7-day free trial lets you evaluate the Service before being charged. Refunds are handled by Apple under its policies (reportaproblem.apple.com).

6.5 Prices and taxes

Indicated prices include VAT unless otherwise stated. Apple manages billing under its own Terms of Service.

7. Intellectual property

• All rights to the software, design, "Gusto" brand, logo, dish catalog, recipes, content generated by Gusto, and source code are owned by Gusto.
• We grant you a personal, non-exclusive, non-transferable, revocable license to use the app on Apple devices you own or control, exclusively for non-commercial use.
• Content you generate (e.g. body or fridge photos, described sgarro events, feedback) remains your property. You grant us a limited license to process it for the purposes described in the Privacy Policy.

8. AI content and recommendations

Gusto uses Artificial Intelligence models (vision, language, ranking) to generate plans, estimate body composition, analyze sgarro events, and suggest dishes. AI content:

• May contain inaccuracies (estimation errors, suboptimal suggestions, allergens not detected in photos).
• Does not replace careful reading of real product labels, in particular for allergens or intolerances.
• Is provided "as is", without warranties of accuracy, completeness, or fitness for a particular purpose.

If you have severe allergies or serious health conditions, do NOT rely exclusively on the app's suggestions: always verify ingredients and preparation with reliable sources.

9. Apple Health (HealthKit) integration

The HealthKit integration is optional. It requires your explicit consent for each category (weight, calories consumed, water, etc.). Gusto does not share HealthKit data with third parties (other than the providers listed in Privacy §6) and does not use it for advertising, in compliance with Apple's HealthKit Guidelines.

10. Limitations of liability

To the extent permitted by applicable law:

• Gusto provides the Service "as is" and "as available", without express or implied warranties of uninterrupted, error-free, or fit-for-a-specific-purpose operation.
• Gusto will not be liable for: (i) indirect, consequential damages, loss of profits, loss of data arising from use or inability to use the Service; (ii) clinical or nutritional decisions taken based on app content; (iii) allergic reactions or health problems arising from consuming suggested foods; (iv) inaccuracies or malfunctions of AI models; (v) service interruptions due to third-party providers (Supabase, Anthropic, Apple, Google).
• Gusto's maximum total liability, in any case, shall not exceed the amount you have paid for the Service in the previous 12 months.

These limitations do not apply to: (a) damages caused by willful misconduct or gross negligence, (b) liability for death or health injury, (c) other liabilities that cannot be excluded by applicable Italian or EU consumer law.

11. Suspension and termination

• By you: you can stop using the app at any time. You can delete your account via "Profile → Delete account" (hard delete of identifying data, anonymization of behavioral events — see Privacy §5).
• By us: we may suspend or terminate your access, with reasonable notice, in case of: (i) violations of these Terms; (ii) fraudulent or illegal activity; (iii) discontinuation of the Service (with at least 30 days' notice and the ability to export your data).

12. Changes to the Service and the Terms

We may modify the Service (add/remove features) for technical, security, or product reasons. For substantial changes to these Terms, we will notify you in-app at least 30 days in advance. Continued use after the effective date constitutes acceptance. If you do not accept, you can stop using and delete your account without penalty.

13. Force majeure

We will not be liable for non-performance due to causes beyond our control (e.g. network outages, cloud provider failures, authority decisions).

14. Governing law and jurisdiction

These Terms are governed by Italian law. For any dispute, the competent court is that of the consumer's place of residence or domicile, if you are a consumer resident in Italy or another EU State (Art. 66-bis Italian Consumer Code). In all other cases, the exclusive jurisdiction is Rome, Italy.

For Alternative Dispute Resolution (ADR) you can use the European ODR platform: ec.europa.eu/consumers/odr.

15. Final clauses

• Severability: if any clause is null or ineffective, the remaining ones remain valid.
• Waiver: failure to enforce a right does not constitute waiver.
• Assignment: you may not assign these agreements to third parties without our consent. We may assign to a successor in case of corporate transactions.

16. Contact

• Support email: support@swipegusto.com
• Privacy email: privacy@swipegusto.com
• Bug reports / feedback: support@swipegusto.com or GitHub Issues of the public project

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Approval of unfair clauses (Italian Civil Code Arts. 1341 and 1342): by downloading the app you declare you have read and specifically accepted clauses 3 (non-medical limits), 8 (AI content as-is), 10 (liability limitations), 11 (suspension), 12 (unilateral changes), 14 (jurisdiction).