Terms of Service - Foodzilla Nutrition Platform

TERMS OF SERVICE
Last update: 24/04/2026

These terms and conditions ("Terms of Service") govern your use of the Foodzilla software platform and mobile applications ("Service") and any other services of Zilla Technologies Limited (the company behind Foodzilla). Our Privacy Policy and Data Processing Agreement are incorporated by reference into these Terms of Service. Some services may be subject to additional conditions posted on the Foodzilla website or provided to you when you signup to the service.

CHANGES IN THIS VERSION

This version of the Terms of Service introduces clarified consumer rights and refund processes, a defined defect reporting and remedy procedure, an enumerated limitation of liability with an aggregate cap, expanded data export rights on termination, third-party infrastructure carve-outs, anti-abuse provisions, a 90-day claim notice period, a clarified dispute and chargeback process, and a governing-law carve-out for non-excludable consumer protections in Australia, the United Kingdom, and the United States. Nothing in this version limits your statutory rights as a consumer.

SERVICE ELIGIBILITY

The Service is designed exclusively for nutrition and health professionals, including but not limited to dietitians, nutritionists, and health coaches ("Professionals"). The Service is not publicly available to consumers. By registering for an account, you represent and warrant that you are a nutrition or health professional, or are authorised to act on behalf of one.

Only clients of registered Professionals ("Clients") may access the Foodzilla mobile app, and only at the invitation of their practitioner. Professionals are solely responsible for managing their Client relationships and ensuring that their Clients' use of the mobile app complies with these Terms of Service.

As part of our registration process, all new Professionals are required to provide a valid payment method to begin their free trial. This serves as an identity verification measure to prevent spam, abuse, and unauthorised access to the Service.

COMMUNICATIONS

You acknowledge and agree that Zilla Technologies Limited may at times send you communications regarding your account or the Service via email. We may also send you communications about upgrades to the Service or other products and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these emails from us.

ACCOUNTS & ACCESS

You must be a registered user to access the Service. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your email secure. You will be solely responsible and liable for any activity that occurs under your account.

You must use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and you must notify Zilla Technologies Limited immediately in the event of any unauthorised access or use.

We may access your account with your permission for diagnostic purposes only such as resolving a specific issue affecting your account. Requesting your permission will be carried through either by email, or the online chat system.

You may request to delete your account by contacting our support via email or the online chat system.

ACCEPTABLE USE & CONDUCT

You are solely responsible for your conduct and your data related to the Service. You warrant that you have all rights, licences, authorisations and consents required to use the Service, including without limitation in respect of your data.

You agree to indemnify Zilla Technologies Limited, its directors, officers, employees, agents and suppliers against all losses, claims, damages, liabilities, costs, and expenses (including reasonable legal costs) arising out of or in connection with:

your breach of these Terms of Service;
your use of the Service in breach of applicable law or in breach of third-party rights;
any claim by a Client arising from your professional advice, care, or recommendations, including any reliance on outputs generated by the Service that you did not independently verify;
your processing of Client personal data in breach of applicable data protection law or in breach of the Data Processing Agreement;
any claim by a third party (including a Client) relating to content you uploaded, imported, or generated within the Service.

This indemnity does not apply to the extent the loss or claim arises from our breach of these Terms of Service, our negligence, or our breach of non-excludable consumer guarantees.

The Service, including any software that forms part of the Service, is made available to you, your company, and/or your staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.

The particular Service you purchase may limit the number of users who may use the Service. You must not allow any additional users to use the Service. Zilla Technologies Limited has the right to audit your use of the Service, at its own cost and upon giving you reasonable notice, to determine whether your use is in accordance with these Terms of Service and any other terms that apply to the Service. If an audit reveals that you have exceeded the scope of use permitted, Zilla Technologies Limited may require you to immediately pay an additional service fee for such use.

Any unauthorised use of the Service is a violation of these Terms of Service and may breach Commonwealth, State or Territory laws. Such violations may subject you or your staff to civil and criminal penalties.

Zilla Technologies Limited uses commercially reasonable efforts to keep the Service available 24 hours a day, seven days a week. Some interruption is inherent in online services, including scheduled maintenance, software updates, third-party infrastructure dependencies, and unexpected incidents. We publish our historical uptime and incident history at status.foodzilla.io as a matter of transparency, not as a contractual guarantee.

Where the Service experiences an outage or defect that materially affects your use, please report it through the approved channels set out in "Defect Reporting and Remedy Process". Your rights under applicable consumer law in respect of sustained or repeated service failures are set out in "Consumer Rights and Refunds" and are not limited by this paragraph.

Enterprise customers may request a written Service Level Agreement with specific availability commitments and service credits.

DEFECT REPORTING AND REMEDY PROCESS

If you experience a defect, outage, or other issue with the Service, you must report it to us through one of the following channels: (a) the in-product chat system, (b) email to support@foodzilla.io, or (c) a written notice to our registered address. Issues communicated only through social media, public forums, third-party review sites, or direct messages to staff are not considered reported for the purposes of this section.

A report must include: a description of the issue, the date and time it was observed, the affected account or user, and any supporting information reasonably available to you (screenshots, error messages, steps to reproduce). We will acknowledge your report within 1 business day and provide a substantive response or proposed remedy within 5 business days for standard issues, or 1 business day for issues affecting platform availability.

Where a defect is capable of being remedied, you agree to give us a reasonable opportunity to do so before exercising any right of termination for failure to meet a consumer guarantee. A "reasonable opportunity" means at least 10 business days from the date of our acknowledgement for standard defects, and at least 2 business days for availability- affecting incidents, unless applicable consumer law requires a shorter period.

This section does not limit your rights in relation to a major failure as defined under the Australian Consumer Law, the UK Consumer Rights Act 2015, or equivalent law in your jurisdiction. It sets out the process by which we and you will work together to identify and remedy issues before those rights are exercised.

CLAIM NOTICE AND LIMITATION PERIOD

Any claim against Zilla Technologies Limited arising out of or in connection with the Service, including claims for refund, compensation, or breach of consumer guarantees, must be notified to us in writing within 90 days of the date on which you became aware (or reasonably should have become aware) of the event giving rise to the claim. Claims notified after this period are barred, except to the extent a longer limitation period is required by applicable consumer law or other mandatory provision.

The notice must set out: the factual basis of the claim, the dates and incidents relied upon, the relief sought, and copies of supporting evidence. We will respond within 10 business days with our position and any proposed resolution.

PROFESSIONAL RESPONSIBILITY

The Service is a professional tool designed to assist nutrition and health professionals in their practice. The Service does not provide medical advice, nutritional counselling, diagnosis, or treatment. You acknowledge and agree that:

You are solely responsible for the care, advice, and recommendations you provide to your Clients, whether or not such advice was informed by or generated through the Service.
You must exercise your own independent professional judgement when using any output, recommendation, or data provided by the Service.
You are responsible for verifying that any meal plans, nutritional analyses, or other outputs generated by the Service are appropriate, accurate, and safe for your Clients, taking into account their individual health conditions, allergies, intolerances, medications, and dietary requirements.
Zilla Technologies Limited is not liable for any harm, injury, adverse reaction, or loss arising from your use of the Service or your reliance on any output generated by the Service.

BUSINESS CONTINUITY AND CUSTOMER RESPONSIBILITY

You acknowledge and agree that:

Operational resilience. The Service is one of many tools available for nutrition practice management. You are responsible for maintaining appropriate business continuity arrangements, including backups of Client records and meal plans, independent record-keeping consistent with your professional obligations, and alternative communication channels with Clients in the event of a Service disruption.
Not a business-critical system. The Service is not represented as a business-critical, life-safety, or real-time system. You must not use the Service as the sole record of information required for clinical decision-making or regulatory compliance, and you are responsible for independently verifying and retaining any information you rely on for those purposes.
Client relationships. Your relationship with your Clients is yours alone. We make no warranty or representation that use of the Service will result in Client retention, practice growth, revenue, or any particular business outcome. Client retention depends on many factors within your control and the Client's own circumstances, and we are not responsible for Client decisions regarding their engagement with your practice.
Mitigation. If you experience a Service issue, you agree to take reasonable steps to mitigate any consequential loss, including using the reporting channel set out in "Defect Reporting and Remedy Process", engaging with us on proposed remedies, and activating your business continuity arrangements. Failure to mitigate may reduce recoverable damages to the extent permitted by law.

AI-GENERATED CONTENT

Certain features of the Service use artificial intelligence and machine learning technologies provided by third-party AI services to assist with tasks such as recipe creation and import, translations, suggestions, insights, and other repetitive or assistive tasks ("AI-Generated Content"). Meal plans and nutritional analyses are generated by Foodzilla's own algorithms and are not AI-generated. AI features may be expanded in the future. You acknowledge and agree that:

AI-Generated Content is produced algorithmically and may contain errors, inaccuracies, or omissions. It is provided as a starting point and must be reviewed, verified, and approved by you before being shared with or applied to any Client.
Zilla Technologies Limited makes no warranty or representation as to the accuracy, completeness, suitability, or safety of any AI-Generated Content.
You retain ownership of AI-Generated Content that you create, customise, or save within the Service. However, you grant Zilla Technologies Limited a non-exclusive, royalty-free licence to use anonymised and aggregated data derived from AI-Generated Content to improve the Service.
Zilla Technologies Limited is not responsible for any decisions, actions, or outcomes resulting from your use of or reliance on AI-Generated Content.

CLIENT DATA AND DATA PROCESSING

When you use the Service to collect, store, or process information about your Clients, you act as the data controller for that Client data, and Zilla Technologies Limited acts as the data processor on your behalf. You acknowledge and agree that:

You are responsible for obtaining all necessary consents from your Clients for the collection, storage, and processing of their personal information through the Service, in accordance with applicable data protection laws (including but not limited to GDPR, HIPAA, and the New Zealand Privacy Act).
You are responsible for ensuring that your use of Client data within the Service complies with all applicable laws, regulations, and professional codes of conduct.
Zilla Technologies Limited will process Client data only in accordance with your instructions and our Privacy Policy, and will implement appropriate technical and organisational measures to protect that data.
In the event that you receive a data access, correction, or deletion request from a Client, you are responsible for fulfilling that request. Zilla Technologies Limited will provide reasonable assistance upon request.
HIPAA compliance features, including the availability of a Business Associate Agreement (BAA), are provided exclusively on the HIPAA and Enterprise Plans. If you require HIPAA compliance for your practice, you must subscribe to the HIPAA or Enterprise Plan. All other plans are not HIPAA compliant.

AFFILIATION WITH COMPETITORS

You represent and warrant that you, your account users, and your staff:

are not currently employed by, affiliated with, or working for, directly or indirectly, any business that competes with Zilla Technologies Limited, the Foodzilla platform, or any of its products or services (a "Competitor").

will not use the Service for the benefit of, or on behalf of, or in the interest of, any Competitor.

will not subscribe to the Service, use any free trial, or otherwise engage with the Service if your intent is to evaluate it for a Competitor, compare it with a competitor's product or service, reverse-engineer it, benchmark it against a competitor's offering, or capture insights that would allow a Competitor to replicate or undercut the Service.

If you fail to comply with these conditions, Zilla Technologies Limited may, in its sole discretion and without notice, immediately suspend or terminate your account, refund you on a pro-rata basis (or refuse any refund) and seek any other remedies available under law or equity.

FEES

A credit or debit card is required to start a free trial for identity verification and spam prevention purposes. Alternatively, online bank transfers (within Australia & New Zealand) may be used to purchase a subscription instead.

Credit card details are not stored within the Foodzilla application and are not processed by Foodzilla. Your credit card details are stored and processed at a trusted and secure payment gateway called Stripe used by Foodzilla for payment processing.

When upgrading your plan, you will be charged immediately for the price difference. When downgrading, any credit for the remainder of the billing period will be applied to future payments. Cash refunds for plan change credits are not issued, except where required by applicable consumer law. Your statutory rights (see "Consumer Rights and Refunds") are unaffected by this paragraph.

Changing plans during your free trial does not end the trial and does not result in any charge. The new plan's limits will apply immediately, and you will only be charged at the end of the trial period if you have not cancelled.

All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. If your company is liable to pay GST, you will be responsible for paying GST on top of the subscription fees.

Downgrading or canceling your account may cause the loss of access, content or features of the Service. Zilla Technologies Limited does not accept any liability for such loss, except as required by applicable consumer law.

All monthly subscription fees must be paid monthly in advance. However, exceptions can be made to those in the Team plan for a custom pay date.

All fees related to the Service, including but not limited to the monthly subscription plan fees, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by updates to the Foodzilla website (foodzilla.com), notices within the Service itself, or by email correspondence.

If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.

We comply with auto-renewal disclosure requirements in jurisdictions that impose them, including California (Business and Professions Code s17602), New York (GBL s527-a), and comparable state laws. You may cancel at any time from your account profile page. Cancellation takes effect at the end of the current billing period unless you are exercising a statutory right to terminate for a major failure, in which case termination takes effect immediately.

ANTI-ABUSE

We reserve the right to decline service, to require advance payment, or to impose reasonable additional verification steps where:

an applicant has previously initiated a chargeback against Zilla Technologies Limited that was not upheld or not supported by the applicant's card issuer;
an applicant has previously received a refund following a dispute and is registering a new account for the same practice or a substantially similar practice;
we have reasonable grounds to suspect that an account is being created to evaluate, reverse-engineer, or benchmark the Service on behalf of a competitor (see "Affiliation with Competitors");
we have reasonable grounds to suspect fraudulent, misleading, or unlawful conduct in connection with the account application.

Any action taken under this section will be proportionate and will not apply where the previous dispute was resolved in the customer's favour as a matter of consumer law. This section does not limit your rights under consumer law.

CANCELLATION

You are solely responsible for the cancellation of your account. You can cancel your account at any time from your account's profile page. We do not accept any cancellation requests via email. You have to login to your account to cancel your subscription. If you forget to cancel your subscription, it will automatically renew under the same plan and payment method you chose during the signup process. You are not entitled to a refund if you forget to cancel your subscription, except where required by applicable consumer law.

Upon cancellation or termination of your account, your account will be deactivated and your content and data will be retained in an inactive state. You may request deletion of your data at any time by contacting us at support@foodzilla.io. Foodzilla does not use your content, Client data, or personal information for any purpose after your account is deactivated, except:

as required by law or to resolve disputes;
to maintain backups in accordance with our data retention policy, which are deleted after [X months];
in aggregated and de-identified form for internal analytics and service improvement, where the data cannot reasonably be used to identify you, your Clients, or any individual.

We do not use your content, Client data, or personal information to train artificial intelligence or machine learning models, either during your subscription or after deactivation, without your explicit opt-in consent to a specific training program.

Failure to pay your subscription fees will result in your account being suspended. Accounts are suspended for a maximum of 30 days before the account may be terminated by us. We are not responsible for any loss you suffer as a result of such suspension or termination, except as required by applicable consumer law. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription. Data associated with suspended or terminated accounts is retained in an inactive state and is not used by Foodzilla for any purpose, except as required by law or to resolve disputes. You may request deletion of your data at any time.

If you cancel your account before the end of your currently paid month, the Service will terminate immediately and you will not be charged again. You are not entitled to a refund of fees paid for the current billing period, except where required by applicable consumer law (see "Consumer Rights and Refunds").

Zilla Technologies Limited may suspend or terminate your account where:

you materially breach these Terms of Service and, where the breach is capable of remedy, fail to remedy it within 14 days of written notice;
your use of the Service creates a security, legal, or reputational risk to Zilla Technologies Limited or other users;
required by law, court order, or regulatory authority;
you fail to pay subscription fees that remain unpaid 30 days after the due date; or
on 30 days' written notice, for the orderly discontinuation of the Service.

Where we suspend or terminate your account under this clause, we will, on request, give you a reasonable period to export your data before deletion. Where termination occurs through no fault of yours under the third or fifth bullet above (regulatory order or orderly discontinuation), we will refund unused pre-paid fees on a pro-rata basis.

DATA EXPORT ON TERMINATION

On termination of your account, whether by you or by us, you may request an export of your data (including Client records, meal plans, recipes, and communications) for a period of 30 days from the termination date. Exports are provided in industry-standard formats (CSV, JSON, or PDF as applicable). Where termination arises from a dispute about service quality or consumer rights, you retain continued read-only access to export your data for the duration of the dispute resolution process or 30 days, whichever is longer.

CONSUMER RIGHTS AND REFUNDS

This section sets out the non-excludable consumer rights that apply to you and explains how to exercise them. Nothing in these Terms of Service limits or removes these rights.

AUSTRALIAN CUSTOMERS

The Australian Consumer Law provides consumer guarantees that may apply to your use of the Service. Nothing in these Terms of Service excludes or modifies those guarantees where they apply.

The Service is provided for business use and is not ordinarily acquired for personal, domestic, or household use. Under section 64A of the Australian Consumer Law, our liability for breach of the consumer guarantees (other than in respect of a major failure) is limited, at our option, to re-supplying the Service or paying the cost of having the Service re-supplied. This limitation applies to the extent it is fair and reasonable, and does not apply to major failures, liability for death or personal injury, or liability that cannot be excluded or limited by law.

UK CUSTOMERS

If you are a consumer under the UK Consumer Rights Act 2015, that Act may provide you with rights in relation to the Service. Nothing in these Terms of Service excludes or modifies those rights where they apply.

If you are a UK business customer, the Supply of Goods and Services Act 1982 and the Unfair Contract Terms Act 1977 apply, and nothing in these Terms of Service excludes or restricts liability where such exclusion would be unreasonable under those Acts.

US CUSTOMERS

Your rights under applicable US federal and state consumer protection laws are preserved and are not limited by these Terms of Service.

HOW TO REPORT AN ISSUE OR CLAIM A REMEDY

Please follow the process set out in "Defect Reporting and Remedy Process". Where we agree a consumer guarantee has been breached, we will process any refund due via the original payment method.

NO WARRANTIES OR REPRESENTATIONS

WITHOUT LIMITING YOUR STATUTORY RIGHTS

You understand and agree that the Service is provided "as is" and, to the extent permitted by law, Zilla Technologies Limited and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Zilla Technologies Limited's servers. Zilla Technologies Limited and its suppliers make no warranty or representation that your use of the Service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements.

Zilla Technologies Limited is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

LIMITATION OF LIABILITY WITHOUT LIMITING YOUR STATUTORY RIGHTS

Use of the Service is at your sole risk. The entire risk arising out of use, security or performance of the Service remains with you, subject to the non-excludable rights set out in "Consumer Rights and Refunds".

If there is any loss or damage to your data, our first remedy is to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by Zilla Technologies Limited.

Exclusions. Subject to the "Non-excludable liability" paragraph below, and to the maximum extent permitted by law, Zilla Technologies Limited is not liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any of the following:

loss of profits, revenue, business, or goodwill;
loss of anticipated savings or opportunity cost;
loss of clients, loss of client relationships, or inability to retain clients;
reputational damage or loss of goodwill with third parties;
business interruption or the cost of procuring replacement services;
loss, corruption, or unavailability of data, beyond the data restoration remedy set out above;
unauthorised use of your account, except where caused by our breach of security obligations;
any indirect, special, incidental, consequential, or punitive damages.

Aggregate cap. Subject to the "Non-excludable liability" paragraph below, and to the maximum extent permitted by law, our aggregate liability to you arising out of or in connection with the Service will not exceed the greater of:

the subscription fees paid by you to Zilla Technologies Limited in the 3 months preceding the event giving rise to the liability; and
NZD 500.

This cap applies in aggregate across all claims and regardless of the number of incidents or causes of action.

Basis of bargain. You acknowledge that Zilla Technologies Limited is a small software business based in New Zealand, and that the fees charged for the Service reflect the allocation of risk set out in this clause. Without these exclusions and limitations we would not be able to offer the Service at these fees. This clause is a fundamental basis on which we provide the Service to you.

Non-excludable liability. Nothing in these Terms of Service excludes or limits:

liability for death or personal injury caused by our negligence;
liability for fraud or fraudulent misrepresentation;
liability for breach of non-excludable consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), the UK Consumer Rights Act 2015, or equivalent law in your jurisdiction, where such liability cannot lawfully be limited;
liability under s18 of the Australian Consumer Law for misleading or deceptive conduct;
any other liability that cannot be excluded or limited by law.

Where liability falls within this paragraph, the exclusions and the aggregate cap above do not apply, and your rights are as set out in "Consumer Rights and Refunds" or under applicable law.

INTELLECTUAL PROPERTY AND DATA

Zilla Technologies Limited claims no intellectual property rights over the data or other material you provide to the Service, regardless of whether your account is active, suspended, or terminated. Your data remains yours. You acknowledge that Zilla Technologies Limited owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by the New Zealand and international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

You consent to Zilla Technologies Limited transferring your data to third party IT providers, including our website host and back-up service provider, third-party applications and other services that Foodzilla may integrate with in the future, outside of New Zealand.

REFUNDS

We offer a 10-day free trial so you can evaluate the Service before paying. It is your responsibility to cancel before the trial ends if you do not wish to continue.

Outside the trial period, we do not offer discretionary refunds for change of mind or for use that did not match your expectations. Where applicable consumer law requires us to provide a refund or other remedy, we will do so in accordance with that law. Your statutory rights are not affected by this section. See "Consumer Rights and Refunds" for more information.

Where we agree, in our discretion and outside circumstances required by law, to provide a goodwill refund, payment processing fees and service fees may be deducted. No deduction applies to refunds required by law.

To report an issue or request a remedy, please follow the process set out in "Defect Reporting and Remedy Process".

CHARGEBACKS

If you believe you have grounds for a refund, please contact support@foodzilla.io first. We will work to resolve the matter within 5-10 business days and, where a refund is due under these Terms of Service or applicable consumer law, process it directly. Initiating a chargeback with your card issuer before contacting us may delay resolution. We reserve the right to contest chargebacks that we reasonably believe are unjustified, and to suspend accounts with unresolved chargeback disputes, provided that we do not contest chargebacks where a refund is required by applicable consumer law.

GENERAL

You may not assign your rights in respect of the Service to any other person.

Zilla Technologies Limited will not be liable for any delay or failure to perform any of its obligations in respect of the Service if such delay or failure is due to an event which is beyond its control.

If a provision of these Terms of Service is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.

We may modify the Service from time to time. Where a modification materially reduces the functionality or utility of the Service for you, we will give 30 days' prior notice, and you may terminate your subscription and receive a pro-rata refund of pre-paid fees covering the period after the modification takes effect.

We may modify these Terms of Service at any time.

For changes that are non-material (including typographical corrections, clarifications, reorganisation, and updates to reflect new features that do not change your obligations or rights), the modified Terms take effect when posted, and we will update the "Last update" date accordingly.

For changes that are material (including changes to fees, changes that increase your obligations or reduce ours, changes to data handling, or changes to dispute resolution), we will provide at least 14 days' notice by email or in-product notification before the changes take effect. Fee increases will be notified at least 30 days in advance. If you do not agree to a material change, you may cancel your subscription before the change takes effect, and we will refund pre-paid fees for any period after the effective date.

Continued use of the Service after the effective date of any modification constitutes acceptance.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

ENTIRE AGREEMENT AND NO RELIANCE

These Terms of Service, together with the Privacy Policy, the Data Processing Agreement, and any written order form or plan description, constitute the entire agreement between you and Zilla Technologies Limited in relation to the Service. They supersede any prior agreement, representation, or understanding.

You confirm that in entering into these Terms of Service you have not relied on any statement, representation, assurance, or warranty that is not set out in these Terms of Service, except for statements made fraudulently or which constitute misleading or deceptive conduct under applicable consumer law.

Marketing materials, demonstrations, product roadmaps, blog posts, and informal statements by staff are for general information only and do not form part of these Terms of Service or modify them.

GOVERNING LAW

These Terms of Service are governed by New Zealand law and each party submits to the non-exclusive jurisdiction of the courts of New Zealand.

Nothing in this clause deprives you of the protection of non-excludable provisions of the law of the country in which you reside. In particular:

If you are an Australian customer, the Australian Consumer Law applies to the extent it would apply absent this clause, and you may bring proceedings in Australia in relation to rights under the Australian Consumer Law.
If you are a UK customer who is a consumer under the UK Consumer Rights Act 2015, you retain the protections of English law and may bring proceedings in the courts of the part of the UK in which you reside.
If you are a US customer, nothing in this clause prevents you from exercising rights under applicable federal or state consumer protection law or bringing proceedings in a court of competent jurisdiction in your state of residence.

THIRD-PARTY INTEGRATIONS

The Service may integrate with or provide access to third-party services, applications, and APIs, including but not limited to fitness device integrations, calendar services, and payment processors ("Third-Party Services"). You acknowledge and agree that:

Your use of Third-Party Services is subject to those services' own terms of service and privacy policies, which you are solely responsible for reviewing and accepting.
Zilla Technologies Limited does not endorse, warrant, or assume any responsibility for Third-Party Services, including their availability, accuracy, completeness, or security.
Zilla Technologies Limited is not liable for any loss or damage arising from your use of, or reliance on, any Third-Party Service accessed through the Service.
Third-Party Services may be modified, suspended, or discontinued at any time by their respective providers, and Zilla Technologies Limited is not responsible for any impact this may have on the functionality of the Service.

THIRD-PARTY INFRASTRUCTURE DEPENDENCIES

The Service relies on third-party infrastructure providers, including cloud hosting providers, payment processors, DNS services, email delivery services, and AI model providers. We use commercially reasonable efforts to select reliable providers and to implement redundancy where practical. However, service disruption caused by a third-party infrastructure provider is outside our direct control, and we will not be liable for loss or damage arising from such disruption beyond the remedies available to us from the relevant provider, which we will pass on to affected customers on a pro-rata basis where practical.

This clause is subject to your non-excludable rights under applicable consumer law. Where a third-party disruption amounts to a major failure of the Service for which we are liable under consumer law, the remedies in the "Consumer Rights and Refunds" section apply.

DISPUTE RESOLUTION

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service or the Service ("Dispute"), the parties agree to first attempt to resolve the Dispute informally. You must contact Zilla Technologies Limited at support@foodzilla.io with a written description of the Dispute, and the parties shall negotiate in good faith for a period of at least 30 days from the date of the initial notice.

If the Dispute cannot be resolved informally within 30 days, either party may pursue formal legal proceedings in accordance with the governing law and jurisdiction provisions of these Terms of Service.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction where necessary to protect their rights or interests.

Nothing in this section limits your right to lodge a complaint with a consumer protection regulator in your jurisdiction, including the Australian Competition and Consumer Commission (ACCC), state and territory consumer affairs offices, the UK Competition and Markets Authority (CMA), or state Attorneys General in the United States. We encourage you to contact us first at support@foodzilla.io so we can attempt to resolve the issue directly.

QUESTIONS

If you have any questions about these Terms of Service, please contact us at support@foodzilla.io.

Funcionalidades

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TERMS OF SERVICE Last update: 24/04/2026