End User License Agreement

Last updated October 4, 2026

This Mobile Application Subscription and End User License Agreement (this "Agreement") is a binding agreement between you ("End User," "you" or "your") and See Five LLC ("Company"). This Agreement governs your use of the TUNA mobile application, (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

THIS AGREEMENT TAKES EFFECT UPON (A) YOUR SUBSCRIPTION TO THE APPLICATION; OR (B) YOUR ACCESS OR USE OF THE APPLICATION (the "Effective Date"). BY SUBSCRIBING TO, ACCESSING OR USING THE APPLICATION YOU (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (II) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (III) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE AND ACCEPT THESE TERMS, YOU MAY NOT SUBSCRIBE TO, ACCESS OR USE THE APPLICATION AND SHOULD REFRAIN FROM THE SAME.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES

1. Age Restriction

You must be at least eighteen (18) years of age to subscribe to the Application. Individuals between the ages of thirteen (13) and eighteen (18) may use the Application only with the involvement and consent of a parent or legal guardian, and otherwise subject to the terms of this Agreement.

2. License Grant

Subject to and conditioned on your subscription to the Application, payment of fees (as applicable), and compliance with all other terms and conditions of this Agreement, Company hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to:

  1. download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and
  2. access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 8) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 8.

3. License Restrictions

Except as may be expressly permitted by applicable law or expressly authorized by the Company, you shall not:

  1. copy the Application;
  2. extract, replicate, redistribute, reproduce, or otherwise use any proprietary food taxonomy including but not limited to the hierarchy of food categories, canonical food entries, nutritional mappings, unit definitions, or other data made available through the Application, except for the purposes expressly set forth herein;
  3. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
  4. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
  5. remove, delete, alter, or obscure any trademark or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  6. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any feature or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
  7. use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
  8. use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
  9. frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;
  10. use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application; or
  11. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

4. Reservation of Rights

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

5. Subscriptions

5.1 Access; Free Tier

End Users are permitted access to the Application upon creation of an account using a valid email address or through a supported third-party authentication provider (Google Sign-In, Sign in with Apple). The Application offers a free tier providing access to core features and limited lifetime access to certain AI-powered features, which limits do not reset monthly. Applicable usage limits are displayed within the Application and may be modified by Company from time to time in its discretion. Full access to additional features and content is available upon subscription to the same by payment of a subscription fee and selection of a monthly or annual subscription period. For the avoidance of doubt, an annual subscription constitutes three hundred and sixty five (365) calendar days from the date of subscription. You will only have access to the additional features and content while your paid subscription is active and subsisting.

5.2 Subscription Plans

A paid subscription (the "Big Tuna" subscription) provides unlimited access to all features of the Application while the subscription remains active and subsisting. Subscription plans are offered on the following terms:

  • Monthly: $6.99 per month
  • Annual: $59.99 per year

All prices are stated in United States dollars and are subject to change.

5.3 Subscription Fees and Renewals

Subscriptions are paid for by an upfront payment with automatic renewals for a like term on the day following the end of the subscription period. You acknowledge and agree that Company is authorized to charge the payment method used for (i) the initial monthly or annual subscription fee based on term (monthly or annual) selected at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.

5.4 Payment Processing

All payments are processed by Stripe, Inc. ("Stripe"), a third-party payment processor. By purchasing a subscription, you also agree to be bound by Stripe's applicable terms of service. Company does not store credit card numbers or other payment method details on its own servers.

5.5 Cancellation

You may cancel your subscription at any time through the Stripe customer portal accessible from within the Application. Upon cancellation:

  1. your subscription remains active through the end of the current billing period;
  2. you will not be charged for any subsequent billing periods;
  3. following expiration of the current billing period, your account will revert to the free tier;
  4. your account data will be retained and accessible; only access to Big Tuna features will be limited.

5.6 Refunds

  1. Monthly Subscriptions. Monthly subscription payments are generally non-refundable. The free tier provides unlimited access to core features and limited access to Big Tuna features which allows you to evaluate the Service before subscribing. If you are unsatisfied, you may cancel at any time, and your subscription will remain active through the end of the current billing period.
  2. Annual Subscriptions. You may request a full refund within 14 days of your initial purchase of an annual subscription, provided you have not exceeded 20 uses of AI-powered Big Tuna features (recipe import, receipt scanning, meal estimation, or nutrition label scanning) during that period. After 14 days, or after exceeding 20 Big Tuna feature uses, annual subscriptions are non-refundable but may be canceled to prevent renewal.
  3. Billing Errors. If you were charged in error (including duplicate charges, charges after cancellation, or unauthorized charges), contact Company and Company will issue a full refund.

Refund requests must be submitted by emailing support@tuna-app.com with the account email address and a brief description of the issue. Company aims to process refund requests within five (5) business days. Company may, in its sole discretion, issue full or partial refunds outside the foregoing policy where it determines such action is warranted.

5.7 Confirmation of Subscription

Our obligation to provide the content to which you subscribed only comes into being when we take receipt of your subscription and confirm your subscription to you by email or by permitting access to the Application. We may confirm your subscription and send you an email to confirm your access to the subscription purchased. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the payment method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any products purchased through the Application for commercial purposes.

5.8 Household Benefits

Big Tuna subscribers may invite members of their household to receive Big Tuna-level access under the subscriber's account. If the subscriber cancels or the subscription otherwise terminates, all household members' access will revert to the free tier.

6. Fees and Payment

6.1 Fee Changes and Charges

Company reserves the right to change subscription plans or pricing for the Application or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes or changes to your subscription plan will take effect following notice to you.

6.2 Payment Method

The default payment method for a subscription is credit or debit card (collectively "card") but Company reserves the right to decide if and when an End User may make payment by check, EFT or an alternative payment method. You agree to promptly notify Company of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. In the course of your use of the Application, Company and its third-party payment service provider may receive and implement updated card information from your card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated card information is provided to Company and Company's third-party payment service provider at the sole election of your card issuer. Your card issuer may give you the right to opt-out of the update service. Should you desire to do so, you should contact your card issuer.

7. Collection and Use of Your Information

You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we may collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

8. Content and Services

The Application may provide you with access to Company's website located at https://tuna-app.com (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy, which are incorporated herein by this reference, and are subject to change from time to time by Company. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

9. Geographic Restrictions

The Content and Services are based in the State of Missouri in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

10. Updates

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Without limiting the foregoing, Company may impose limits on, modify, suspend, or discontinue access to AI-powered features, usage allowances, or feature availability at any time, including for free-tier or subscription-based access. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

  1. the Application will automatically download and install all available Updates; or
  2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

11. Third-Party Materials

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

12. Term and Cancellation

12.1 Term

The term of this Agreement begins on the Effective Date and continues until cancelled or terminated.

12.2 Cancellation

In addition to any other express termination right set forth in this Agreement:

  1. Company may immediately cancel as a result of your fraud or breach of any obligation under the terms of this Agreement.
  2. You may cancel the subscription plan at any time. Your cancellation is effective at the end of the applicable period.
  3. Either party may cancel this Agreement, effective immediately upon written notice to the other party, if the other party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

12.3 Effect of Termination

Upon termination of this Agreement,

  1. All rights granted to you under this Agreement shall also terminate; and
  2. You shall immediately discontinue use of the Application and delete all copies of the Application from your Mobile Device and account.
  3. No expiration or termination of this Agreement will affect your obligation to pay all fees that may have become due before such expiration or termination, or entitle you to any refund.
  4. Termination will not limit any of Company's rights or remedies at law or in equity.

13. Disclaimer of Warranties

THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

  1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
  2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

15. Application Use

  1. You acknowledge and agree that you will not access, use, or interact with the Application while operating a motor vehicle, bicycle, scooter, vessel, aircraft, or any heavy machinery, or while engaged in any activity that requires your full attention or that could reasonably be expected to distract you and cause injury, death, or property damage.
  2. You acknowledge and agree the Application is not designed or intended for use while driving, navigating traffic, or performing any activity that could result in a safety risk. You agree to comply with all applicable laws and regulations regarding distracted driving and device use.
  3. You further acknowledge that any use of the Application while operating a vehicle is done entirely at your own risk, and that the Company disclaims all liability arising from or related to such use, to the fullest extent permitted by law.

16. Disclaimers

16.1 Not A Healthcare Provider

Company is not a health care or medical device provider, and content on the Application should not be considered medical, nutritional or dietary advice. Company makes no claims, representations or guarantees that content on the Application provides a physical or therapeutic benefit. Any health information and links, whether provided by Company or by contract from outside providers, is provided simply for your convenience and shall not be relied upon as health or medical care.

16.2 End User Participation is at End User's Election and Risk

Your use of the Application is at your own risk. You should consult a licensed physician prior to any lifestyle changes that you undertake, especially if you have a chronic illness or condition. You acknowledge that Company has advised you of the necessity of doing so.

16.3 Informational Purposes Only

Any advice or other materials in the Application are intended for general informational and personal tracking purposes only. They are not intended to be relied upon and are not a substitute for professional health or medical advice or dietary or nutritional counseling based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. The information provided in the Application should not be used as the sole basis for dietary decisions related to medical conditions, food allergies, or eating disorders. You should consult a qualified healthcare professional, registered dietitian, or nutritionist before making significant changes to your diet, especially if you have or suspect you have a medical condition, food allergy, eating disorder, or other health concern. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Application.

16.4 AI-Generated Outputs

The Application uses artificial intelligence and machine learning to provide certain features, including but not limited to:

  1. Estimating nutritional content of meals from photos and text descriptions;
  2. Parsing recipes from URLs and text input;
  3. Interpreting nutrition labels from photos;
  4. Classifying items on scanned grocery receipts.

These AI-powered features generate estimates which are provided for informational and personal tracking purposes only; they are not verified measurements. Nutritional estimates include a confidence score (displayed in the Application) indicating the estimated reliability of the result.

16.5 Nutrition Database

Nutritional data in the Application comes from multiple sources, including the USDA FoodData Central database, OpenFoodFacts, product labels, and AI estimates. While we strive for accuracy, we do not guarantee the completeness or correctness of any nutritional information.

17. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

18. Export Regulation

The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

19. US Government Rights

The Application is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.

20. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

21. Governing Law

This Agreement is governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule. All controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association, except as otherwise provided in this Agreement. The place and seat of the arbitration shall be in the State of Delaware. The arbitration shall be conducted by one neutral arbitrator, regardless of the dollar amount at issue, appointed in accordance with the then current Arbitration Rules of the American Arbitration Association. An arbitrator's judgment may be entered and enforced in any court of competent jurisdiction. No party may appeal an arbitrator's judgment to any court. The substantially prevailing Party in any such controversy or dispute will be entitled to receive its reasonable costs and fees, including reasonable attorneys' fees. THE PARTIES HERETO KNOWINGLY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY SUCH CONTROVERSY OR DISPUTE.

Notwithstanding the foregoing, either Party may seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction in the courts of the State of Missouri, in each case located in St. Louis County, to prevent or remedy actual or threatened irreparable harm arising from a breach of this Agreement, including breaches relating to confidentiality, intellectual property, or ownership rights, without waiving the requirement to arbitrate the underlying dispute.

22. Entire Agreement

This Agreement, the Terms of Use and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

23. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.