Terms of Service
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OMA Concepts, a sole proprietorship doing business as PhoodScout ("PhoodScout," "we," "us," or "our"), governing your access to and use of the PhoodScout mobile application and related services (collectively, the "Service").
1. Eligibility and Age Requirements
1.1 You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement.
1.2 If you are between the ages of 13 and 16, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to our collection and use of your personal information as described in our Privacy Policy.
1.3 If you are a parent or guardian and believe your child under 13 has provided personal information to us, please contact us immediately at hello@omaconcepts.com.
2. User Accounts
2.1 Registration. To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep such information up to date.
2.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at hello@omaconcepts.com of any unauthorized use.
2.3 One Account Per User. You may maintain only one account. Creating multiple accounts to circumvent restrictions, accumulate additional Scout Points, or for any other purpose is prohibited and may result in termination of all associated accounts.
2.4 Account Deletion. You may delete your account at any time through the app settings. Upon deletion, your personal information will be handled in accordance with our Privacy Policy. Anonymized, aggregated price report data may be retained as part of the community database.
3. Description of Service
3.1 PhoodScout is a community-driven platform that allows users to discover, report, and verify food prices and menu information at local restaurants and food establishments. The Service includes:
- A map-based interface displaying restaurants and community-reported price data;
- Tools for submitting, confirming, and verifying food and menu item prices;
- A Menu Scanner feature that uses artificial intelligence to extract menu information from photographs;
- A gamification system (Scout Points, Scout Tiers, and Badges) that rewards community participation;
- Live session broadcasting and an activity feed displaying community activity.
3.2 The Service is provided for informational purposes only. PhoodScout does not operate, endorse, or have any affiliation with any restaurant or food establishment listed on the Service.
4. User-Submitted Content and Price Reports
4.1 License Grant. By submitting price reports, menu information, photographs, or any other content ("User Content") to the Service, you grant OMA Concepts a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and display such content in connection with operating and improving the Service. This license survives termination of your account with respect to anonymized, aggregated community data.
4.2 Accuracy Representation. By submitting a price report, you represent that the information submitted is accurate to the best of your knowledge at the time of submission. You acknowledge that prices change frequently and your report represents a point-in-time observation only.
4.4 Content Moderation. We reserve the right, but are not obligated, to review, edit, or remove any User Content at our sole discretion, including content that we determine violates these Terms or is otherwise objectionable, without notice or liability to you.
4.5 Scout Points and Gamification. Scout Points, Badges, Scout Tier designations, and all other virtual recognition features have no monetary value. They are not redeemable for cash, prizes, goods, or services of any kind. We may modify, reduce, or discontinue the gamification system at any time without notice or compensation.
5. Menu Scanner Feature
5.1 Feature Description. The Menu Scanner feature allows users who have logged 20 or more verified price sightings to photograph physical menus and use artificial intelligence to extract menu item and pricing information.
5.2 Access Requirement. Menu Scanner access requires a minimum of 20 verified price sightings. This threshold may be changed at our discretion.
5.3 Image Transmission Consent. By using Menu Scanner, you expressly consent to the transmission of your submitted photograph to our third-party AI service provider for processing. Images are not permanently stored by OMA Concepts after processing is complete. Our AI service provider's privacy practices govern their handling of image data during and after processing.
5.4 Accuracy. AI-extracted menu information may contain errors, omissions, or inaccuracies. All extracted data must be reviewed and verified before submission. The price accuracy disclaimer in Section 4.3 applies fully to Menu Scanner submissions.
5.5 Prohibited Use. Do not use the Menu Scanner to photograph menus or materials in establishments where photography is prohibited. Do not photograph copyrighted materials in excess of fair use. Do not photograph individuals without their consent.
6. Acceptable Use Policy
6.1 You agree not to use the Service to:
- Submit false, misleading, or fraudulent price reports or menu information;
- Create fake, duplicate, or misleading restaurant listings;
- Harass, threaten, intimidate, or harm other users;
- Impersonate any person, entity, or restaurant, or misrepresent your affiliation;
- Use automated systems, bots, scrapers, or scripts to access or interact with the Service without our express written permission;
- Interfere with or disrupt the Service, servers, or networks connected to the Service;
- Attempt to gain unauthorized access to any portion of the Service or its related systems;
- Introduce viruses, malware, or other harmful code;
- Violate any applicable local, state, national, or international law or regulation;
- Collect or harvest personal information of other users without authorization;
- Violate the intellectual property rights of any party; or
- Submit content that is defamatory, obscene, threatening, or otherwise objectionable.
6.2 We reserve the right to investigate and take appropriate action against users who violate this Acceptable Use Policy, including suspending or terminating accounts, removing User Content, reporting to law enforcement, and pursuing available legal remedies.
7. Intellectual Property
7.1 Our Property. The Service, including its design, interface, features, software, and content created by PhoodScout (excluding User Content), is owned by OMA Concepts and protected by applicable intellectual property laws. The PhoodScout name, logo, and brand elements are trademarks of OMA Concepts.
7.2 Restrictions. You may not copy, modify, distribute, sell, or lease any part of the Service or its proprietary content, nor may you reverse engineer or attempt to extract source code from the Service, unless applicable law expressly permits such activity or you have our prior written permission.
7.3 DMCA Copyright Policy. We respect intellectual property rights and comply with the Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, please submit a written notice to hello@omaconcepts.com that includes: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material claimed to be infringing and its location on the Service; (c) your contact information; (d) a statement of good faith belief that use of the material is not authorized; and (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
8. Third-Party Services
8.1 The Service integrates with the following third-party services:
- Supabase (supabase.com) -- User authentication and profile data storage;
- OpenRouter (openrouter.ai) -- AI processing for the Menu Scanner feature;
- CARTO (carto.com) -- Map tile and visualization services.
8.2 These third-party services operate under their own terms of service and privacy policies, which we encourage you to review. We are not responsible for the practices, availability, content, or actions of these services.
8.3 Disruptions or changes to third-party services may affect Service availability or functionality. We are not liable for any service interruptions, data loss, or other harm caused by third-party service failures.
9. Disclaimers and Warranty Limitations
10. Limitation of Liability
10.3 Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law.
11. Indemnification
You agree to defend, indemnify, and hold harmless OMA Concepts and its owner, officers, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of a third party, including intellectual property rights; or (e) your violation of any applicable law or regulation.
12. Termination
12.1 By Us. We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, without limitation: violation of these Terms, submission of fraudulent or misleading price data, abusive behavior toward other users, or any activity we determine to be harmful to the Service or community.
12.2 By You. You may stop using the Service and delete your account at any time through the app settings.
12.3 Effect of Termination. Upon termination, your right to use the Service ceases immediately. Sections 4.1, 7, 9, 10, 11, 13, 14, and 15 survive termination.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to Section 14, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in California for any dispute arising from or relating to these Terms or the Service.
14. Dispute Resolution and Arbitration
14.1 Informal Resolution. Before initiating any formal legal proceeding, you agree to contact us at hello@omaconcepts.com with a written description of your claim and your proposed resolution. We will attempt in good faith to resolve the dispute informally within thirty (30) days of receiving your notice.
14.2 Binding Arbitration. If informal resolution fails, any dispute arising out of or directly relating to your use of the Service or these Terms -- limited to claims arising from the use, payment, or provision of the Service consistent with California SB 82 (effective January 1, 2026) -- shall be finally resolved by binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted in California. Each party shall bear its own fees and costs unless the arbitrator determines otherwise. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
14.3 Exceptions to Arbitration. Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims within the jurisdictional limits of small claims court may be brought in small claims court rather than arbitration.
14.4 Arbitration Scope Limitation. Consistent with California SB 82, this arbitration agreement applies only to disputes that directly arise from your use of the PhoodScout Service and does not extend to disputes involving unrelated products, services, or future agreements.
15. General Provisions
15.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and OMA Concepts with respect to the Service and supersede all prior agreements and understandings.
15.2 Changes to Terms. We may update these Terms from time to time. We will notify you of material changes by posting a notice within the app or sending an email to the address associated with your account. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
15.3 Severability. If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
15.4 Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
15.5 Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
16. Contact Information
For questions, concerns, or notices regarding these Terms:
OMA Concepts, doing business as PhoodScout
Email: hello@omaconcepts.com
Website: www.omaconcepts.com