Terms of Service
Terms governing Xinera, FoodTrack, memberships, smart devices, communities and related services.
Effective date: 17 July 2026 Last updated: 17 July 2026 Operator: Bay Technologies Limited, Hong Kong Brands: Xinera by FoodTrack • Xinera • FoodTrack Related policies: Privacy Policy • Refund and Exchange Policy • Wellness and Medical Disclaimer
Please read these Terms carefully. These Terms are legally binding. They include important provisions on subscription renewal, wellness-only use, user conduct, liability and disputes. Mandatory consumer rights remain unaffected.
1. About these Terms
These Terms of Service (the “Terms”) are a legally binding agreement between you and Bay Technologies Limited, a company incorporated in Hong Kong (“Bay Technologies”, the “Company”, “we”, “us” or “our”). They govern your access to and use of our websites, mobile applications, software, memberships, smart devices, digital content, communities, partner benefits and related services offered under the brands Xinera by FoodTrack, Xinera, FoodTrack and any successor or affiliated brand that links to these Terms (collectively, the “Services”).
Our registered-office and customer-service contact details are published on the Contact Us page of the applicable Service. If a product, campaign, partner programme or enterprise arrangement has additional terms, those additional terms also apply. If there is a conflict, the product-specific or transaction-specific terms control for that subject matter, followed by these Terms.
By creating an account, clicking an acceptance button, purchasing or activating a membership or device, or otherwise using the Services, you confirm that you have read and agree to these Terms. If you do not agree, do not access or use the Services.
2. Eligibility and use by minors
You must be at least 18 years old, or the age of legal majority where you live, to create an account, enter into a paid plan or make a purchase. By doing so, you represent that you have legal capacity to enter into this agreement.
A person below the age of legal majority may use the Services only with the consent and direct supervision of a parent or legal guardian, and only where the Service is offered for that age group. The parent or guardian is responsible for the minor’s use and for deciding, with an appropriately qualified healthcare professional, whether the Services are suitable. We do not knowingly offer independent paid accounts to children unless expressly stated in a product-specific notice.
3. The Services
The Services may help users record meals and activities, connect compatible devices, view estimated wellness metrics, receive personalised or AI-assisted wellness insights, participate in communities, access membership benefits, and discover products or services offered by us or third parties. Features, availability, supported devices and content may vary by country, language, plan, device model and operating system.
The Services are designed for general wellness, lifestyle and educational purposes. Unless a product is expressly identified in its product-specific materials as a regulated medical device in your jurisdiction, the Services are not medical devices or medical services and are not intended to diagnose, treat, cure, mitigate or prevent any disease or medical condition. The Wellness and Medical Disclaimer forms part of these Terms.
Some features may be described as beta, pilot, preview or experimental. Such features may be incomplete, change without notice and contain errors. Do not rely on them for safety-critical, medical, financial or other high-risk decisions.
4. Accounts and security
You must provide accurate, current and complete information and keep it updated. You may not impersonate another person, create an account using information you are not authorised to use, sell or transfer your account, or allow others to use your credentials.
You are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account to the extent permitted by law. Notify us promptly through the in-app support function or the contact details published on the Service if you suspect unauthorised access, loss of credentials or a security incident. We may require identity or transaction verification before changing account details or providing support.
5. Wellness profiles, inputs and AI-assisted outputs
You are responsible for the accuracy, completeness and lawfulness of information and content you submit, including food images, tongue or face images, wellness goals, questionnaire responses and data imported from third-party devices or platforms. Do not submit another person’s information without a lawful basis and all required permissions.
Personalised and AI-assisted outputs are generated from the information available to the Services and may be probabilistic, incomplete, outdated or incorrect. Food recognition can misidentify ingredients or portion sizes; wearable data can be affected by fit, motion, physiology, environment and device limitations; and recommendations may not reflect your full health status. You must independently evaluate outputs and use appropriate judgment. Do not use an output as the sole basis for a medical or safety-critical decision.
We may use automated systems and human review to provide, secure, support and improve the Services, subject to our Privacy Policy and the choices or consents described there. The Services do not create a doctor–patient, dietitian–client, therapist–client or other healthcare-professional relationship.
6. Memberships and plan features
Paid memberships may include digital features, devices, service entitlements, community access, discounts, vouchers, partner offers or other benefits described at the time of purchase. The membership term, price, billing frequency, renewal status and included benefits are shown at checkout or in the applicable order confirmation.
Benefits may be subject to capacity, appointment availability, geographic limits, redemption windows, partner rules and separate eligibility requirements. Unless expressly stated, benefits have no cash value, may not be resold or transferred, and cannot be combined with other offers.
We may make reasonable changes to benefits to reflect product development, security, law, partner availability or operational needs. We will not materially reduce the core benefits of a prepaid membership without reasonable advance notice and, where required by law, an equivalent substitute or appropriate remedy. Promotional, trial or limited-time benefits may end as disclosed when offered.
7. Subscriptions, renewal and cancellation
If checkout states that a membership renews automatically, you authorise us or the relevant app store or payment provider to charge the disclosed recurring price, plus applicable taxes, at the stated intervals until you cancel. Before purchase, we will disclose the material renewal terms and obtain any consent required by applicable law.
You may cancel an auto-renewing subscription using the cancellation method shown in your account, the relevant app store, or the purchase confirmation. Cancellation stops future renewal charges but does not normally end the current paid term or produce a prorated refund. Continue using the paid benefits until the end of the current term unless we state otherwise. The Refund and Exchange Policy applies to payments, cancellations, devices and exchanges.
If you purchased through Apple App Store, Google Play or another third-party marketplace, that provider may process billing, cancellation and any legally required refund. You must manage the subscription through the provider where its rules require this. Deleting the app or stopping use does not by itself cancel a subscription.
8. Prices, payment and taxes
Prices and currencies are displayed before purchase. Unless stated otherwise, you are responsible for applicable taxes, duties, data charges and bank or foreign-exchange fees. You authorise the selected payment method to be charged for purchases and renewals. We may use third-party payment processors and do not necessarily receive or store full payment-card details.
You must promptly notify us of suspected duplicate, incorrect or unauthorised charges. We may correct pricing, description or billing errors and may cancel an order before fulfilment if an obvious error occurred, in which case we will reverse the affected charge. We will not retroactively increase the price of a completed fixed-term purchase. For an auto-renewing plan, we will give notice of a material renewal-price change as required by law before the new price takes effect.
9. Smart devices and physical products
Devices may be sold separately, included in a bundle or provided as a membership benefit or promotional gift. Title and risk transfer as stated at checkout and under applicable law. Devices must be used only in accordance with the product instructions, safety warnings, compatibility requirements and any product-specific terms.
Device measurements and derived metrics may be estimates and may differ from clinical equipment or other consumer devices. Software, firmware, connectivity, a compatible phone and third-party services may be required. We may provide updates to maintain security, compatibility or functionality; failure to install an update may affect performance.
The Refund and Exchange Policy describes our voluntary exchange remedy for verified quality issues. Nothing in these Terms excludes a non-waivable statutory guarantee, conformity right, product-liability right or safety obligation.
10. Partner services and membership benefits
Some benefits, recommendations, purchases or bookings are supplied by independent partners, such as fitness, wellness, food, nutrition, retail, spa or lifestyle providers. Unless expressly stated, the partner—not Bay Technologies—is responsible for delivering its product or service, professional qualifications, premises, appointment terms, safety, cancellations and regulatory compliance.
A link, listing, recommendation or member offer does not constitute a medical endorsement or guarantee. You are responsible for reviewing the partner’s terms, privacy notice, suitability, allergens, contraindications and fees before use. We are not responsible for a partner’s acts or omissions except to the extent the law makes us responsible.
11. Community features and user conduct
Community areas may allow you to post comments, images, achievements or other content (“Community Content”). Community Content may be visible to other users, so do not post health information or other personal information that you do not want to make public.
You must not use the Services to:
- break any law or infringe another person’s rights;
- harass, threaten, exploit, discriminate against or deceive another person;
- post illegal, defamatory, hateful, sexually exploitative, dangerous or deliberately false content;
- give unqualified medical advice, promote disordered eating, encourage self-harm, or make unlawful health or product claims;
- upload malware, probe security, bypass access controls, scrape at scale, overload the Services or interfere with another user;
- reverse engineer, decompile or attempt to extract source code or models except where applicable law expressly permits it;
- use bots or automated means without our written permission; or
- use the Services or outputs to train or benchmark a competing model or service, or for unlawful surveillance or profiling.
We may moderate, restrict, remove or preserve Community Content and may suspend accounts to enforce these Terms, protect users, comply with law or respond to a credible safety risk. We do not undertake to monitor every post and do not endorse user content.
12. Your content and permissions
You retain ownership of content you submit. You grant us a worldwide, non-exclusive, royalty-free licence to host, reproduce, process, transmit, adapt and display that content only as reasonably necessary to operate, secure, support and improve the Services, comply with law, and exercise rights described in our Privacy Policy. This licence lasts for as long as needed for those purposes, subject to retention requirements and your privacy rights.
For Community Content that you intentionally make public, the licence also permits us to display and distribute that content within the Services and to promote the relevant community feature, subject to your privacy settings and applicable law. You represent that you have the rights and permissions needed to submit your content. Feedback and product suggestions may be used without restriction or payment, but we are not required to use them.
13. Our intellectual property
The Services, including their software, models, interfaces, designs, text, graphics, trademarks, logos and compilations, are owned by or licensed to Bay Technologies and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Services for their intended non-commercial purposes during your authorised access period.
No rights are granted except those expressly stated. You may not copy, modify, distribute, sell, sublicense, publicly display or commercially exploit any part of the Services without our written permission or a right expressly provided by law.
14. Privacy
Our Privacy Policy explains how we collect, use, disclose, retain and protect personal data and describes applicable choices and rights. By using the Services, you acknowledge that data will be handled as described in that policy. Separate consent will be requested where required by law. If you connect a third-party platform or device, its own privacy practices also apply to information it handles.
15. Third-party platforms, links and integrations
The Services may depend on or link to third-party operating systems, app stores, devices, websites, APIs, maps, payment providers or social features. We do not control and are not responsible for third-party services, content, availability, security or privacy practices. Your use of them is governed by their terms. We may modify or discontinue an integration if the third party changes or withdraws access.
16. Availability, updates and changes
We aim to provide reliable Services but do not promise uninterrupted or error-free operation. Maintenance, outages, cybersecurity events, network conditions, device compatibility, legal requirements or events outside our reasonable control may affect access.
We may update the Services to add or remove features, improve security, address misuse, comply with law or reflect business changes. Where a change materially and adversely affects a prepaid core service, we will provide notice and any remedy required by applicable law. We may discontinue a Service; if this prevents access to a material prepaid benefit for the remaining paid term, we will provide an appropriate substitute, credit or refund where required by law.
17. Suspension and termination
You may stop using the Services at any time and may close your account using the available account or support process. Closing an account does not automatically create a refund and does not cancel an app-store subscription unless the cancellation process says so.
We may restrict, suspend or terminate access if you materially or repeatedly breach these Terms, create a security or safety risk, fail to pay, misuse benefits, infringe rights, or if we are required to do so by law. Where reasonable and lawful, we will give notice and an opportunity to remedy a curable breach. We may act immediately for fraud, serious misconduct, imminent harm or legal necessity.
Provisions that by their nature should survive termination—including payment obligations, intellectual property, disclaimers, liability limits, dispute terms and rights relating to prior content—will survive.
18. Wellness and medical disclaimer
The Services provide general wellness and educational information only. They do not provide medical advice, diagnosis, treatment, monitoring or emergency services and are not a substitute for a qualified healthcare professional. Never ignore or delay professional advice because of information from the Services. Do not start, stop or change medication, treatment, diet or exercise based solely on the Services.
If you think you may have a medical emergency, contact your local emergency services immediately. The Company does not monitor your data for emergencies and cannot contact emergency services on your behalf. Please read the separate Wellness and Medical Disclaimer, which is incorporated into these Terms.
19. Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available”. We disclaim implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy and uninterrupted availability. We do not guarantee any specific wellness, weight, fitness, sleep, nutrition, recovery or commercial outcome.
These disclaimers do not exclude any warranty, guarantee or right that cannot lawfully be excluded, including mandatory consumer rights and any express device warranty or product representation that applies to your purchase.
20. Limitation of liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, wilful misconduct, gross negligence where it cannot be limited, breach of a non-waivable statutory duty, or any other liability that applicable law does not allow us to exclude or limit.
Subject to the paragraph above and to the fullest extent permitted by law, neither the Company nor its directors, employees, affiliates or licensors will be liable for indirect, incidental, special, exemplary or consequential loss, or for loss of profits, revenue, goodwill, opportunity, anticipated savings or data, arising from or related to the Services, even if advised that such loss was possible.
Subject to the same qualifications, our total aggregate liability arising out of or relating to the Services and these Terms will not exceed the greater of (a) the amount you paid to us for the affected Services during the 12 months before the event giving rise to the claim and (b) HKD 1,000. This cap does not reduce any minimum remedy or higher liability required by mandatory law.
21. Your responsibility for misuse
To the extent permitted by law, you are responsible for reasonably foreseeable losses and third-party claims resulting from your unlawful use of the Services, your material breach of these Terms, or content you submit without the required rights. We will notify you of a covered claim and allow reasonable participation in the defence. This section does not require a consumer to indemnify us for our own negligence, breach or unlawful conduct.
22. Governing law and disputes
These Terms and any non-contractual obligations arising from them are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law principles. The courts of Hong Kong have exclusive jurisdiction, except that a consumer may bring proceedings in another court or rely on the mandatory law of the country where the consumer habitually resides if applicable law gives that right.
Before filing a claim, please contact us and provide a concise description of the issue and requested resolution. We will try in good faith to resolve the matter. This informal step does not prevent either party from seeking urgent relief or exercising a statutory complaint, chargeback, limitation-period or regulatory right. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
23. Mandatory consumer rights
Nothing in these Terms, the Refund and Exchange Policy or any product-specific terms excludes, restricts or modifies a consumer guarantee, cooling-off right, legal warranty, conformity remedy, unfair-contract protection or other right that cannot lawfully be waived. If a provision conflicts with mandatory law, the mandatory law controls only to the extent of the conflict.
For consumers in the European Economic Area, the United Kingdom or another jurisdiction that grants withdrawal rights for distance contracts, statutory withdrawal rights and exceptions apply. Digital content or services may begin immediately only with the consents and acknowledgements required by law, and a consumer may remain entitled to a full or proportionate refund where the law so provides. Goods may carry a statutory conformity guarantee that lasts longer than the voluntary exchange period described by us.
The commercial no-refund position described in our Refund and Exchange Policy applies only where and to the extent permitted by law.
24. Changes to these Terms
We may revise these Terms to reflect changes to the Services, law, security, business practices or user protections. We will publish the updated Terms and change the “Last updated” date. If a change is material, we will provide reasonable advance notice through the Service, email or another appropriate channel unless an immediate change is required for law or security.
Changes apply prospectively. If required by law, we will request consent. If you do not agree to a material change, you may stop using the Services and cancel future renewal before the change takes effect; any additional remedy is governed by applicable law.
25. General terms
Assignment. You may not assign these Terms or transfer an account without our written consent. We may assign these Terms as part of a merger, reorganisation, financing, sale of business or transfer to an affiliate, provided your mandatory rights are not reduced.
Severability. If a provision is unlawful or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective.
No waiver. A failure to enforce a provision is not a waiver. Any waiver must be express and applies only to the specific instance.
Entire agreement. These Terms, the Privacy Policy, the Refund and Exchange Policy, the Wellness and Medical Disclaimer, and applicable product or transaction terms form the agreement concerning the Services and supersede earlier statements on the same subject.
Third-party rights. Except for Company affiliates, licensors and persons expressly protected by the liability provisions, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce them. The parties may vary or terminate these Terms without third-party consent.
Language. Translations may be provided for convenience. To the extent permitted by law, the English version controls if there is an inconsistency; mandatory local-language rules remain unaffected.
Notices and contact. We may send notices through the Service, your registered email address or another contact method you provide. You may contact us through the in-app Help or Support function or the contact details published on the applicable website’s Contact Us page.