Terms of Service

Last updated May 25, 2026

These Terms of Service (“Terms”) govern your use of dietmax.ai (the “Service”), operated by Arman Rafati (“dietmax,” “we,” “us”). By using the Service you agree to these Terms and to our Privacy Policy.

Important up front.dietmax is a paid SMS-based food tracker. The free trial lasts 3 days and converts to a $5/month subscription unless you cancel by replying CANCEL or STOP. Calorie and macro values are AI-generated estimates and are not medical advice. dietmax is not designed for, and should not be used by, anyone with an active or prior eating disorder.

1. Eligibility

You must be at least 18 years old to use the Service. By signing up you confirm that you meet this requirement. The Service is for personal, non-commercial use.

2. The Service

dietmax lets you text food descriptions or photos to a phone number and receive estimated calorie and macro information. We deliver messages through third-party SMS providers including Linq, Sendblue, Twilio, and the WhatsApp Business Platform. Your mobile phone number is your account identifier. You are responsible for the security of the device and SIM associated with that number.

3. AI-Generated Estimates

All nutrition values returned by the Service are estimates produced by AI models. They may be wrong, may misidentify ingredients, and may vary between runs. dietmax does not guarantee accuracy. Do not rely on dietmax to make medication dosing decisions, manage allergies, or substitute for a clinician, dietitian, or nutritional label. You accept responsibility for verifying values before acting on them in any health-sensitive situation.

4. Health, Medical, and Eating-Disorder Safety

dietmax is not a medical device. It does not diagnose, treat, cure, or prevent any condition, and it is not a substitute for advice from a physician, dietitian, or mental health professional.

The Service is not designed for and should not be used by anyone with active or prior anorexia nervosa, bulimia nervosa, binge eating disorder, ARFID, or other eating disorder, or by anyone in eating-disorder recovery. Calorie and macro tracking can worsen disordered eating. If you notice that using dietmax is harming you, please discontinue use and seek professional care.

If you need help right now.The National Alliance for Eating Disorders helpline is available at 1-866-662-1235 (Monday through Friday, 9am to 7pm Eastern). For mental-health crises in the United States, call or text 988 for the Suicide & Crisis Lifeline.

If you are pregnant, nursing, managing a chronic condition, or taking medication that interacts with food or appetite, consult a clinician before using the Service to make changes to your diet.

5. Account Registration, Trial, and Auto-Renewal

When you complete onboarding and add a payment method, you start a 3-day free trial. At the end of the trial, your subscription automatically converts to a recurring $5.00 USD per month subscription, billed monthly to the payment method on file, until you cancel.

By providing payment information you give express affirmative consent to recurring charges.
The subscription continues until you cancel it.
You can cancel at any time by replying CANCEL or STOP via SMS, or by emailing hi@dietmax.ai. Cancellation is effective for billing purposes immediately and prevents future renewals.
We may change the price with at least 30 days’ advance notice. If you do not agree to a price change, you may cancel before the change takes effect.

6. Billing and Refunds

Payments are processed by Stripe, Inc. By providing payment information you also agree to Stripe’s Services Agreement and Privacy Policy. dietmax does not see or store your full card number.

All charges are final and non-refundable except where required by law. If a charge fails we may retry the charge, suspend the subscription, and ultimately terminate the account. You are responsible for any taxes that apply to the subscription.

7. Cancellation

You may cancel the subscription at any time using the same SMS channel through which you signed up. Reply CANCEL or STOP to the dietmax phone number. You may also email hi@dietmax.ai. After cancellation we will not bill the next monthly cycle, and we will send a confirmation. STOP also halts SMS delivery; if you only want to stop SMS but keep your subscription active, contact us by email.

8. SMS Terms

By providing your phone number you consent to receive recurring automated SMS from dietmax.ai related to the Service. Message and data rates may apply. Message frequency varies based on your usage. Reply STOP to cancel and HELP for help. Carriers such as AT&T, T-Mobile, and Verizon are not liable for delayed or undelivered messages. We do not share your SMS consent or opt-in data with other senders.

9. User Content

You retain ownership of the messages, descriptions, and photos you send us. You grant dietmax a worldwide, royalty-free, non-exclusive, sublicensable license to use, store, process, and create derivative works from your content for the purpose of operating, improving, and developing the Service. You represent that you have the rights to submit anything you send us, including any photo content.

10. Acceptable Use

No abuse, harassment, threats, or hateful content directed at the Service.
No automated or scripted requests, no scraping, no reverse engineering.
No use to develop a competing product or train a competing model.
No attempts to circumvent rate limits, abuse free trials, or chargeback valid charges.
No use for illegal purposes.

11. Termination

We may suspend or terminate your account for any breach of these Terms, suspected fraud, chargebacks, eating-disorder safety concerns, or for reasonable operational reasons. On termination your subscription ends, no prorated refund is owed unless required by law, and we will handle remaining data per the Privacy Policy.

12. Changes to These Terms

We may update these Terms. Material changes will be communicated by SMS or email at least 30 days in advance where required by law. Continued use of the Service after the effective date constitutes acceptance of the changes.

13. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, dietmax disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. dietmax does not warrant that the Service will be uninterrupted or error-free, that estimates will be accurate, or that messages will be delivered without delay.

14. Limitation of Liability

To the maximum extent permitted by law, dietmax’s aggregate liability for any claim arising out of or relating to the Service is limited to the greater of one hundred U.S. dollars ($100) or the total fees you paid to dietmax in the twelve months preceding the event giving rise to the claim. dietmax is not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits or data, even if advised of the possibility of such damages. Nothing in this section limits liability that cannot be excluded under applicable law.

15. Indemnification

You agree to indemnify and hold harmless dietmax from any claim or demand, including reasonable attorneys’ fees, arising out of your content, your breach of these Terms, your misuse of the Service, or your violation of any third-party right.

16. Arbitration and Class Action Waiver

Any dispute between you and dietmax that cannot be resolved informally will be settled by binding individual arbitration under the Federal Arbitration Act, administered by AAA or JAMS under their consumer rules. Arbitration will take place in the county where you reside, or by video conference at your option. You and dietmax each waive the right to a jury trial and the right to participate in a class or representative action.

You may opt out of this arbitration provision by sending written notice to hi@dietmax.ai within 30 days of first agreeing to these Terms. Either party may bring qualifying claims in small-claims court instead of arbitration. If the class-action waiver is found unenforceable in a specific dispute, that dispute is severed and litigated in court; the rest of this section remains in effect.

17. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Section 16, the exclusive venue for any non-arbitrable dispute is the state or federal courts located in San Francisco County, California.

18. Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between you and dietmax regarding the Service. If any provision is held unenforceable, the remaining provisions continue in effect. dietmax may assign these Terms; you may not. Our failure to enforce a right is not a waiver. We may give notices by SMS to the phone number on file or by email to the address on file.

19. Contact

Questions about these Terms can be sent to hi@dietmax.ai.