Terms of Use

About these terms

Brekkie is a macro tracker for iPhone and Android, provided by TBS Labs LTD (“we”, “us”). By creating an account or using the app, you agree to these terms. If you don’t agree, please don’t use Brekkie.

How we handle your data is set out in our Privacy Policy.

Who can use Brekkie

You must be 18 or over. Brekkie helps set calorie goals, and it is not designed for children or teenagers.

Your account

• You sign in with your email address and a one-time code. There is no password.
• Your account is for you alone. Keep access to your email secure, because the code is sent there.
• Give us an email address that is yours and that you can receive mail at.
• You can delete your account at any time. See how to delete your account.

Programmes and gyms

A gym or coach can run a programme on Brekkie and invite you to it. Joining is optional and Brekkie works the same without it.

• Your agreement. If you join, the gym sees what you log while you are on the programme, as the join screen and our Privacy Policy set out. You agree to that by ticking the box on the join screen. Nothing is shared until you do, and “Not now” leaves everything as it was.
• Leaving. You can leave at any time from the My gym tab. The gym can then no longer open your diary. We can’t undo what it has already seen.
• The gym is not Brekkie. Programmes are run by the gym, not by us. The gym is responsible for its coaching and any advice it gives you. We do not check a gym’s or coach’s qualifications. Your gym is a separate organisation and answers for its own use of what it sees. It should not keep copies of what it sees. What Brekkie shows you is information, not medical advice, as the section below says.
• Cover from a gym. A gym may cover Brekkie for you while you are on its programme. The join screen tells you if so, and until when. That does not change your own subscription or your free month.
• 18 or over. Programmes are for adults, like the rest of Brekkie. We ask for your date of birth before you can join one.
• Invites. An invite only lets you ask to join. The gym decides who is on the programme.

The programme feed

Some programmes have a feed. What you post there is seen by the gym and everyone on the programme, with the name you gave for the programme. You are responsible for what you post. Please follow our programme feed rules, which say what isn’t allowed and what happens to posts that break them. In short: be kind, post nothing abusive, hateful, threatening, sexual or unlawful, and don’t pressure anyone about their food or body.

You can delete your own posts and comments at any time. You can report a post or block someone from the post’s menu. Reports go to your gym and to Brekkie, and Brekkie can remove posts and people that break these rules. The gym can also remove posts and comments from its programme’s feed. We may close an account that seriously or repeatedly breaks these rules, as set out in “Ending your use” below.

By posting, you give the gym and the other members on the programme permission to see what you post, for as long as the programme feed is open to them. If you leave the programme, your posts are removed.

For gyms

If you run a gym or coach on Brekkie, our gym agreement applies to you and your team. In short: you use what you see only to coach your members, you don’t pass it on or copy it, and you stop when someone leaves. It also covers your plan and paying, and who is responsible for what.

Not medical advice

Brekkie is an information tool. It is not medical or dietetic advice, and it does not diagnose, treat or prevent any condition. The goals it suggests are estimates worked out from the details you enter.

Brekkie works out your calorie goal from your sex, age, height, weight, how active you are and what you want to do (lose weight, stay the same or gain), using a standard formula. It rounds the goal to the nearest 10 calories and splits it into protein, carbs and fat, with the protein goal following your height and weight. When you choose to lose weight it never sets fewer than 1,200 calories a day for women or 1,500 for men. If that leaves no room for gradual loss, it sets a goal for staying the same instead. If you set your own goals, the calories can’t be below that minimum either.

If your weight changes a lot, Brekkie may offer to update your goals. It never changes them without asking.

Brekkie does not check whether a goal is right for you. If you are underweight, you can still choose any aim; Brekkie shows a warning but does not stop you. You are responsible for the choices you make about what you eat.

Brekkie works only from what you type in. It does not examine you, monitor your health or watch for warning signs, and it will not contact anyone if your numbers change. If Brekkie says something different from your doctor, follow your doctor. Brekkie is not for emergencies: if you need urgent help, call 999 or 112.

Talk to a doctor or a registered dietitian before changing what you eat, especially if you are underweight, pregnant or breastfeeding, have a medical condition, or have a history of disordered eating. If tracking food is making things harder for you, please stop and speak to a professional.

If food or weight is causing you worry, your GP can help. In the UK you can contact Beat (beateatingdisorders.org.uk), and in Ireland Bodywhys (bodywhys.ie).

Food information and Ask Brekkie

Food information in Brekkie comes from several places, including Open Food Facts, a database that members of the public add to, and foods you add yourself. Open Food Facts data is made available under the Open Database Licence. It can be wrong or out of date. If a number matters to you, for example because of an allergy or a medical need, check the label on the pack.

Brekkie does not check foods for allergens or for anything that affects a medicine you take. A scanned barcode can sometimes match the wrong product, so check the pack.

Ask Brekkie uses artificial intelligence to understand what you type or say. It can make mistakes, including with amounts and numbers. Check what it suggests before you confirm it. Nothing it suggests is added to your diary until you do. Ask Brekkie’s answers are information, not advice from a doctor or dietitian.

Free month and subscriptions

• Brekkie is free to use for your first month. It starts when you create your account and needs no payment details, so you are not charged when it ends.
• After that, you need a subscription to keep using it. You can choose a monthly or an annual subscription.
• Subscriptions are bought through the Apple App Store or Google Play, at the price shown there before you buy. Payment is taken by Apple or Google, not by us.
• Your subscription renews automatically at the end of each period, monthly or annual, until you cancel it.
• You can cancel at any time in your App Store or Google Play account settings. Cancelling stops the next renewal. You keep access until the end of the period you have already paid for.
• Deleting your account, or deleting the app, does not cancel a subscription. Cancel it in the store.
• If you live in the UK or the EU you usually have 14 days after buying a subscription to change your mind. Because Apple or Google takes the payment, you ask them for the refund.
• Refunds are handled by Apple or Google under their own policies. Ask them directly through your store account.
• If the price of a subscription changes, Apple or Google will tell you beforehand, as their rules require.

Nothing in this section takes away any right to cancel or to a refund that the law gives you.

Using Brekkie fairly

Please don’t:

• use Brekkie for anything unlawful,
• try to get into anyone else’s account or data,
• copy, resell or reverse engineer the app, except where the law allows it,
• overload or interfere with the service, or collect data from it by automated means,
• upload anything unlawful, or anything you don’t have the right to share.

Ask Brekkie has a daily message limit to keep the service fair for everyone and to prevent abuse.

What’s yours and what’s ours

What you put into Brekkie is yours: your log, your foods and meals, your photos and your messages. You give us permission to store and process it only so that we can provide the app to you.

The app, its design, its name and its logo belong to us. We give you a personal, non-transferable right to use the app on your own devices for as long as these terms apply.

Changes and availability

We work to keep Brekkie running, but we can’t promise it will always be available or free of faults. We may add, change or remove features. If we make a change that significantly reduces what you have paid for, we will tell you beforehand where we reasonably can.

Ending your use

You can stop using Brekkie and delete your account at any time. We may suspend or close an account that seriously or repeatedly breaks these terms. Where we reasonably can, we will tell you first and give you a chance to put things right.

Our responsibility to you

If you are a consumer, you have legal rights about digital services, including that they are provided with reasonable care and are as described. Nothing in these terms affects those rights.

We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to exclude or limit.

Beyond that, we are responsible for loss or damage that is a foreseeable result of our breaking these terms or failing to use reasonable care. We are not responsible for loss that was not foreseeable, for loss caused by things outside our reasonable control, or for decisions about your health or diet made on the basis of information in the app. Brekkie is for personal use, so we are not liable for business losses.

The app stores

These terms are between you and us, not Apple or Google. Apple and Google are not responsible for Brekkie or for supporting it. Your use of the app must also follow the terms of the store you downloaded it from.

The law that applies

These terms are governed by the law of Northern Ireland, and the courts of Northern Ireland can hear any dispute. If you live elsewhere in the UK or in Ireland, you keep the protection of the consumer laws of the place you live, and you can bring a claim in your local courts.

Changes to these terms

We may update these terms. When we do, we will update this page and change the date at the top. If the change is a significant one, we will give you at least 30 days’ notice, in the app or by email. If you do not agree, you can stop using Brekkie and cancel your subscription. If you keep using Brekkie after that, the new terms apply.

Contact

TBS Labs LTD
info@brekk.ie