Terms of Service

These terms are an agreement between you and Nightjar Labs LLC (“we”, “us”) about the Opson app and the Opson website. Installing or using the app, or joining the waitlist, means you accept them. If you do not accept them, do not use the app. Our Privacy Policy explains what we collect and how we use it.

Not medical advice

Opson helps you keep a record of what you eat. It is not a medical device, and it does not diagnose, treat, cure or prevent any disease or condition. Nothing in it is medical, nutritional or psychological advice, and it is not a substitute for care from a doctor, dietitian, therapist or an eating disorder treatment team.

Nutrition values come from public databases, food labels, other users and automatic estimates, including estimates from photos. They can be incomplete or wrong. Targets, ranges and trends are general estimates, not recommendations for you. Check with a doctor or dietitian before you make decisions about your health, your eating or your weight, and follow their advice where it differs from anything in the app.

If you are working on your relationship with food, or have a condition that affects what you should eat, use Opson alongside your care team, not instead of it. If you are in crisis or in danger, call your local emergency number. In the US you can call or text 988 at any time. The Support page in the app lists other places to get help.

Who can use Opson

You must be at least 13 years old to use Opson. If you are under the age at which you can agree to terms like these where you live, a parent or guardian has to agree to them for you.

Your account and your data

The app creates an account for you. Keep your phone and any sign-in secure, because anyone with access to them can see your log. What you enter stays yours. You give us permission to store, copy and process it only as needed to run Opson for you, as the Privacy Policy describes. You can export your log or delete your account at any time from More → Support and sharing.

What you may not do

• Reverse-engineer, decompile or disassemble the app, or try to extract its source code, except to the extent that law expressly permits it despite this restriction.
• Interfere with our servers, get around limits we put on features, or access data that isn’t yours.
• Use the app to break the law or to harm anyone.

Changes to the app

Opson is free today. We may add, change or remove features, offer some of them for a fee, or stop offering the app, at any time and without liability to you. Before anything you pay for changes, or before we stop offering the app, we will tell you in advance where we reasonably can and give you a chance to export your data. Nothing you pay for will be charged without your clear agreement in the app store.

Other people’s content and services

Food data comes from third parties, including USDA FoodData Central and Open Food Facts, under their own licenses, listed on our Credits page. If you connect Apple Health or Health Connect, or sign in with Apple, those services are provided by Apple or Google under their own terms. We are not responsible for them.

The website and the waitlist

Joining the Opson waitlist is free and doesn’t commit you to anything. We will email you when Opson can be downloaded, and maybe send a few product updates before then. We don’t promise that Opson will be available on any date, in any country or on any device. You can leave the waitlist at any time by replying to one of our emails or writing to us, and we may close the waitlist whenever we choose.

Intellectual property

The Opson name, logo, artwork and design belong to Nightjar Labs LLC. These terms give you a personal, non-transferable right to use the app, and no right to use those.

The app is provided as-is

Opson is provided “as-is” and “as available”, without warranty of any kind, express or implied, including any warranty of accuracy, merchantability, fitness for a particular purpose or non-infringement. It may not be bug-free or uninterrupted, and nutrition data in it may be wrong. You use it at your own risk.

Limitation of liability

To the maximum extent permitted by law, Nightjar Labs LLC is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, arising from your use of the app or the website, or from relying on anything in them. To the same extent, our total liability for any claim about Opson is limited to the greater of the amount you paid us for Opson in the 12 months before the claim and US$50.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, the above applies to you only as far as that jurisdiction allows. Nothing in these terms limits liability that cannot be limited by law, or takes away rights you have as a consumer under the law where you live.

Ending these terms

You can stop using Opson at any time, and delete your account from the app. We may suspend or end your access if you break these terms or if we stop offering the app. The sections on medical advice, intellectual property, warranties, liability and governing law continue after that.

Governing law

These terms are governed by the laws of the United States and of the State of New York, where Nightjar Labs LLC is organized, without regard to conflict-of-law rules. If you live in the European Union or the United Kingdom, you also keep the protection of the mandatory laws of your country, and you can bring a claim in your local courts.

App Store

If you got Opson from Apple’s App Store, these terms are between you and Nightjar Labs LLC, not Apple. Apple is not responsible for the app or its content, has no obligation to provide maintenance or support, and is not responsible for any claims about the app, including product liability, legal or regulatory claims, or claims that it infringes someone’s intellectual property. If the app fails to meet a warranty that applies by law, you may notify Apple, and Apple will refund the purchase price, if any; beyond that, Apple has no warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. You must also follow the App Store’s own usage rules.

Changes to these terms

These terms may be updated. The new version is posted here and the “Last updated” date is revised. If a change is material, we will tell you in the app before it applies to you. Using Opson after that means you accept the new terms.

Contact

Nightjar Labs LLC, 418 Broadway, Albany, NY 12207, contact@nightjarlabs.llc.