Terms of Service
Effective date: April 17, 2026 Last updated: April 17, 2026
These Terms of Service (the “Terms”) govern your use of the Cartly mobile application and related services (together, the “Service”), operated by Tyler Piwowarski, an individual sole proprietor based in California (“Cartly,” “we,” “us,” or “our”).
Please read these Terms carefully. They include a binding arbitration provision and class-action waiver in Section 13 that affect how disputes between you and Cartly are resolved.
1. Acceptance of these Terms
By downloading, installing, signing in to, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 13 years old to use Cartly. If you are between 13 and the age of majority in your jurisdiction (typically 18 in the United States), you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf, and you use the Service under their supervision.
You must not use the Service if you are located in a country subject to a U.S. embargo or trade sanctions, or if you are on any U.S. government list of restricted parties.
3. What Cartly does
Cartly is an AI-powered tool that helps you make more informed grocery decisions. You can scan a photo of a food item or browse a catalog to get an analysis that may include a health score, ingredient breakdown, nutritional highlights, additive information, and healthier-alternative suggestions. Some features are available only to Cartly Pro subscribers (see Section 6).
4. Medical and nutritional disclaimer
Cartly is not medical, dietary, or nutritional advice. The analysis Cartly provides is for informational and educational purposes only. It is generated by an AI model that can make mistakes, and the scores are estimates.
Do not rely on Cartly for:
- Medical or nutritional decisions. Consult a qualified healthcare professional, registered dietitian, or other medical provider before making decisions about your diet, especially if you have a medical condition, are pregnant or nursing, or are caring for a child.
- Allergen safety. Ingredient lists can be incomplete, inaccurate, or updated without notice; labels change; cross-contamination occurs in manufacturing. Always read the physical packaging and consult a medical professional for allergen-related decisions.
- Detection of recalls, safety alerts, or other time-sensitive product information.
You use the Service at your own risk. You acknowledge that the analysis may be inaccurate and that you are solely responsible for any decisions you make based on it.
5. Your account
You need an account to use most of the Service. You can sign in with Apple or Google. You are responsible for maintaining the confidentiality of your sign-in credentials and for any activity under your account.
You can delete your account at any time from inside the app at Settings → Delete Account. Deletion is permanent and removes your scan history, cart, saved products, dietary preferences, and account record within 30 days. Apple subscriptions continue independently and must be canceled separately in your Apple ID Account Settings.
6. Cartly Pro subscriptions
Cartly offers optional auto-renewing subscriptions (“Cartly Pro”) that unlock additional features such as personalized dietary alerts, AI-suggested healthier swaps, and product comparison.
Plans and prices:
- Cartly Pro Monthly — $4.99 USD / month, auto-renewing monthly
- Cartly Pro Annual — $29.99 USD / year, auto-renewing annually
Prices shown in the app may vary based on your country or Apple’s local pricing tiers.
Apple-mandated subscription terms. By purchasing Cartly Pro:
Payment will be charged to your Apple ID Account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your Apple ID Account will be charged for renewal within 24 hours prior to the end of the current period at the price listed above. You can manage your subscription and turn off auto-renewal at any time by going to your Apple ID Account Settings after purchase.
No free trial. Cartly does not currently offer a free trial. The free tier of Cartly is available to everyone, at no cost, with no time limit.
Refunds. All subscription payments are processed by Apple, and all refund requests are handled by Apple under Apple’s refund policy. Cartly cannot issue refunds directly for App Store charges.
Changes to plans or pricing. If we change our subscription plans or prices, existing subscribers will be charged the new price only at the next renewal after we notify you; you may cancel before renewal if you do not agree.
7. Acceptable use
When using Cartly, you agree not to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
- Scrape, bulk-extract, or systematically harvest content from the Service.
- Submit automated or bot traffic to our servers or to the Gemini API path we route traffic through.
- Upload content that is illegal, obscene, infringing, or intended to harass or harm others.
- Use the Service to develop a competing product or to train a machine-learning model.
- Resell, redistribute, or commercially exploit the analyses, scores, or product data produced by the Service.
- Circumvent, disable, or interfere with security features of the Service, or attempt to gain unauthorized access to any part of it.
We may suspend or terminate your access if we reasonably believe you have violated these rules.
8. Intellectual property
Cartly’s content. The Cartly name, logo, app, user interface, text, AI analyses, product database, and other content we provide are owned by the operator or licensed to it, and are protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, consistent with these Terms.
Your content. You retain all rights in the photos you submit to Cartly for scanning. By submitting a photo, you grant us a limited, worldwide, royalty-free license to process that photo solely for the purpose of generating your requested analysis (including transmitting it to Google Gemini for AI analysis as described in our Privacy Policy). This license ends as soon as the analysis is complete — we do not retain the photo.
Feedback. If you send us suggestions or feedback, we may use them without obligation to you.
9. Termination
You may stop using Cartly at any time and can delete your account from Settings → Delete Account.
We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination (including Sections 4, 7, 8, 10, 11, 12, 13, and 14) will survive.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
We do not warrant that the Service will be uninterrupted, secure, error-free, free of harmful components, or that any analysis or data produced by the Service will be accurate, reliable, complete, or appropriate for any particular purpose. We do not warrant that nutritional information, ingredient lists, allergen information, or scores are correct.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by applicable law.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- No indirect damages. Cartly and its operator will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, data, use, goodwill, or other intangible losses — arising out of or relating to your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
- Aggregate cap. Cartly’s total aggregate liability to you for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) one hundred U.S. dollars ($100 USD) or (b) the total amount you paid to Cartly for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.
What we do not limit. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including (where applicable) liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, personal injury caused by negligence, or any liability that cannot be limited under California Civil Code § 1668 or other non-waivable consumer protections.
This limitation is an essential element of the bargain between you and Cartly. If you are dissatisfied with the Service, your exclusive remedy is to stop using it and (if applicable) to cancel your subscription.
12. Indemnification
You agree to defend, indemnify, and hold harmless Cartly and its operator from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service in violation of these Terms; (b) your violation of any law or the rights of a third party; or (c) any content you submit to the Service.
13. Dispute resolution — arbitration agreement, class-action waiver
PLEASE READ CAREFULLY. This section affects your legal rights. It requires that most disputes between you and Cartly be resolved through binding individual arbitration instead of in court, and it waives your right to participate in a class action.
13.1 Informal resolution first
Before filing any formal proceeding, you agree to contact us at privacy@usecartly.com with a written description of the dispute and the relief you are seeking. You and Cartly will attempt in good faith to resolve the dispute informally for at least 30 days before initiating arbitration.
13.2 Binding arbitration
If informal resolution does not succeed, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in California, or (if you request) via telephone or videoconference. The arbitrator — not a court — will decide any issue concerning the scope, enforceability, or formation of this arbitration agreement.
13.3 Small-claims exception
Either party may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration, if the claim qualifies.
13.4 Class-action waiver
You and Cartly each agree to bring claims only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. No arbitrator or court may consolidate more than one person’s claims or preside over any form of representative proceeding.
13.5 30-day opt-out
You may opt out of this arbitration agreement and class-action waiver by emailing privacy@usecartly.com within 30 days of the date you first accepted these Terms, with the subject line “Arbitration Opt-Out” and your name, the email address associated with your Cartly account, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.
13.6 Fees
For consumer arbitrations, AAA’s fee rules apply. If you are a consumer asserting a claim of $10,000 or less and AAA’s Consumer Arbitration Rules assign fees to you, Cartly will pay those fees unless the arbitrator determines your claim was frivolous.
14. Governing law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 13, the exclusive venue for any claim that may be heard in court is the state or federal courts located in the Northern District of California, and you consent to the jurisdiction of those courts.
15. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will update the Effective Date at the top of this page and notify you in the app or by email. Your continued use of the Service after an update constitutes acceptance of the updated Terms. If you do not agree to an update, you must stop using the Service and may delete your account.
16. Miscellaneous
Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Cartly regarding the Service.
Severability. If any part of these Terms is held unenforceable, the rest remains in effect.
No waiver. Our failure to enforce any provision is not a waiver of that provision.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms (for example, in connection with a sale of the business).
Notices to you may be sent by email to the address on your account or by posting in the app. Notices to us must be sent to privacy@usecartly.com.
Apple-specific terms. If you downloaded Cartly from the Apple App Store, you acknowledge that these Terms are between you and Cartly only, not with Apple, and that Apple is not responsible for the Service or its content. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the subscription purchase price, if any, to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service.
Contact
For questions about these Terms, email:
privacy@usecartly.com
Tyler Piwowarski, operating Cartly California, United States