Terms of Service
1. Agreement to these Terms
These Terms of Service ("Terms") are a binding contract between you and Javadi Holdings LLC ("Desejo," "we," "us," or "our"). They govern your use of the Desejo mobile app, website, and related services (together, the "Service").
By creating an account, tapping "I agree," or using the Service, you accept these Terms, the Desejo Safety and Legal Notice, and our Privacy Policy. If you do not agree, do not use the Service.
Section 20 contains a binding arbitration agreement, a class action waiver, and a jury trial waiver. It changes how disputes between you and us are resolved. Please read it carefully.
2. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not intended for children.
You agree to give accurate account information and keep it current.
You are responsible for keeping your login credentials secure and for all activity under your account. Tell us promptly at support@eatdesejo.com if you suspect unauthorized use.
If you use the Service to choose food for another person, including a child, family member, or guest, you are responsible for confirming that the food is safe for that person. These Terms apply to that use.
3. Changes to these Terms
We may update these Terms from time to time. If a change is material, we will notify you in the app or by email at least 30 days before it takes effect. Your continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and cancel any subscription.
Changes to Section 20 will not apply to a dispute that we had written notice of before the change took effect.
4. What Desejo is, and what it is not
Desejo is an informational tool that uses artificial intelligence to suggest foods, dishes, recipes, and restaurants based on what you tell it.
Desejo is not:
a doctor, registered dietitian, nutritionist, allergist, or other licensed professional;
a medical device or a treatment for any condition;
a food safety authority or inspector;
a restaurant, food seller, or delivery service; or
an emergency service.
We do not prepare, sell, test, inspect, or deliver any food.
5. No medical, nutrition, or dietary advice
Nothing in the Service is medical advice, diagnosis, or treatment, and using the Service does not create a professional relationship of any kind between you and us.
Talk to a qualified healthcare professional before changing your diet. This is especially important if you have a food allergy or intolerance, celiac disease, diabetes, kidney, heart, liver, or digestive disease, a history of disordered eating, are pregnant or nursing, take medication that interacts with food, or are choosing food for an infant, child, older adult, or anyone with a weakened immune system.
Never ignore professional advice, or delay getting it, because of something the Service said.
Calorie, macro, and other nutrition figures are estimates and may be wrong. Do not use them for medical decisions, including medication or insulin dosing.
The Service is not designed for weight loss treatment or for managing an eating disorder.
If you think you are having a medical emergency or an allergic reaction, call 911 or your local emergency number immediately.
6. Allergens and dietary restrictions
Desejo cannot guarantee that any food, dish, recipe, or restaurant is free of any allergen or ingredient, or that it fits any diet.
Dietary filters and labels in the Service (for example "gluten-free," "Low-FODMAP," "shellfish-free," "soy-free," "vegan," "halal," or "kosher") are preferences used to guide AI suggestions. They are not guarantees, certifications, or verified claims.
The AI can miss or misidentify ingredients, overlook hidden allergens and cross-contact, and say a food is safe when it is not.
Recipes, menus, ingredients, suppliers, and kitchen practices change without notice. We do not verify them.
You must check for yourself every time: read every label, ask restaurant staff directly about ingredients and cross-contact, follow your doctor's guidance, and carry any emergency medication you have been prescribed.
If you have a severe or life-threatening allergy, celiac disease, or any condition where a mistake could cause serious harm, do not rely on Desejo to decide whether a food is safe for you.
This section also applies to religious, ethical, and lifestyle diets.
7. Restaurants and other businesses
Information about restaurants and other businesses (names, locations, hours, menus, prices, availability, ratings, photos, and allergen or safety practices) comes from third-party sources and AI-generated content. It may be outdated, incomplete, or wrong.
Photos may be stock or illustrative images and may not show the actual dish or business.
Restaurants and other businesses shown in the Service are independent. We do not own, operate, control, inspect, or endorse them, and a mention is not a recommendation that their food is safe for you.
We are not responsible for their food, service, safety, pricing, or conduct, or for any illness, injury, or loss connected with a visit, order, or reservation. Your dealings with any business are solely between you and that business.
Business names and trademarks belong to their owners. Their appearance in the Service does not mean they are affiliated with us.
If you represent a business and believe information about it is inaccurate, contact support@eatdesejo.com and we will review it.
8. Recipes, cooking, and food safety
Recipes are AI-generated and have not been tested or reviewed by a chef, food scientist, or food safety professional. They may contain errors in ingredients, quantities, temperatures, times, or techniques.
You are responsible for safe food handling: cooking to safe internal temperatures, storing food properly, avoiding cross-contamination, and checking that ingredients are fresh and correctly labeled. Follow current guidance from public health authorities.
Take extra care with raw or undercooked meat, poultry, eggs, and seafood; home canning, fermenting, curing, and low-temperature cooking; wild or foraged ingredients; alcohol; and hot oil, knives, and kitchen equipment.
Suggested substitutions can change the allergen content, nutrition, or safety of a recipe.
The Service is not intended to plan food for pets or other animals.
Cooking carries inherent risks, including burns, cuts, fire, and illness. You accept those risks.
9. AI-generated content
Responses in the Service ("Output") are generated by AI models, including models operated by third parties. No human reviews Output before you see it.
Output can be inaccurate, incomplete, outdated, inconsistent, or made up, even when it sounds confident or cites a source.
Do not treat Output as fact or professional advice. Verify anything that matters before you act on it, and do not rely on Output for any decision where an error could cause harm.
The same request can produce different Output at different times, and other users may receive similar Output.
You are responsible for how you use Output and for the decisions you make.
10. Subscriptions, free access, and billing
Free access. We may offer a limited number of free chats before a subscription is required. We may change or end free access at any time.
Purchases. Paid subscriptions are purchased through the Apple App Store or another platform we make available. The price and billing period are shown before you confirm.
Automatic renewal. Your subscription renews automatically at the then-current price until you cancel. To avoid the next charge, cancel at least 24 hours before the end of the current period in your Apple ID account settings. Deleting the app does not cancel your subscription.
Refunds. Payments are processed by the platform, and refund requests are handled by the platform under its policies. Except where the law requires otherwise, payments are non-refundable and we do not give credits for partial periods.
Price changes. We may change prices. We will give you notice before a change applies to you, and it will take effect at your next renewal.
Taxes. Prices may not include taxes, which are your responsibility where they apply.
11. Acceptable use
The Service is for your personal, non-commercial use. You agree not to:
use the Service in violation of any law or anyone's rights;
present Output to others as medical, nutrition, or other professional advice;
rely on the Service for allergen, labeling, or food safety compliance in a restaurant, catering, food manufacturing, or other commercial food operation;
copy, scrape, resell, or commercially exploit the Service or Output;
reverse engineer the Service, extract its prompts or models, or get around usage limits or safety features;
use Output to develop or train a competing product or AI model;
submit unlawful or harmful content, malware, or another person's personal information without permission; or
try to make the Service produce harmful, deceptive, or unlawful content.
We may suspend or end your access if we believe you have broken these rules.
12. Your content
Ownership and license. You keep ownership of what you submit, including prompts, preferences, saved items, and feedback ("Your Content"). You give us a worldwide, non-exclusive, royalty-free license to host, process, and use Your Content to operate, maintain, protect, and improve the Service, as described in our Privacy Policy.
Your responsibility. You confirm that you have the right to submit Your Content and that it does not violate anyone's rights.
Third-party processing. Your Content is sent to third-party AI and infrastructure providers to generate responses. Do not submit information you do not want processed this way.
Feedback. We may use any feedback or suggestions you give us without restriction or payment.
Saved items. Saved recipes, chats, and other items may be stored on your device and can be lost if you clear your data, delete the app, or change devices. We are not responsible for lost content. Keep your own copies of anything important.
13. Our intellectual property
The Service, including its software, design, text, graphics, and the Desejo name and logo, is owned by us or our licensors and is protected by law.
We give you a limited, revocable, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes, subject to these Terms.
You may use Output for your own personal, non-commercial purposes. We do not promise that Output is unique, that you can own or protect it, or that it does not resemble or include third-party material.
14. Third-party services, links, and affiliate relationships
The Service relies on and links to third parties, including AI model providers, map and search providers, photo sources, and reservation, grocery, and delivery services. We do not control them and are not responsible for their content, products, or practices. Their own terms and privacy policies apply to your use of them.
Affiliate disclosure. We may earn a commission or fee when you follow a link or make a purchase or reservation through the Service.
15. Privacy
Our Privacy Policy explains what we collect and how we use it. It is part of these Terms.
To generate suggestions, we process the information you give us, which may include dietary preferences, allergies, other health-related details, and your location. By providing it, you agree to that processing as described in the Privacy Policy.
Do not enter another person's personal or health information without their permission.
16. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the above, we do not warrant that:
any food, dish, recipe, ingredient, or restaurant is safe, free of allergens, or suitable for any diet, health condition, or religious or ethical requirement;
any Output, nutrition figure, or information about a restaurant or other business is accurate, complete, or current;
the Service will produce any particular health, weight, or other result; or
the Service will be uninterrupted, secure, or free of errors, or that your saved content will be preserved.
No information or statement from us or from the Service, whether in the app, in marketing, or elsewhere, creates a warranty that is not expressly stated in these Terms. Descriptions of the Service, including taglines, describe its general purpose and are not guarantees.
Some jurisdictions do not allow certain warranty exclusions, so some of these may not apply to you.
17. Limitation of liability
In this section and Sections 18 and 19, the "Desejo Parties" are Javadi Holdings LLC and its owners, officers, employees, contractors, affiliates, licensors, and service providers.
TO THE FULLEST EXTENT PERMITTED BY LAW:
THE DESEJO PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL.
THE DESEJO PARTIES WILL NOT BE LIABLE FOR ANY ILLNESS, ALLERGIC REACTION, INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM FOOD YOU CHOOSE, BUY, PREPARE, EAT, OR SERVE, FROM YOUR DEALINGS WITH ANY RESTAURANT OR OTHER THIRD PARTY, OR FROM YOUR RELIANCE ON OUTPUT.
THE TOTAL LIABILITY OF THE DESEJO PARTIES FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) US $100.
These limits apply to every theory of liability, including contract, tort, negligence, strict liability, product liability, and statute. They apply even if we were told the damage was possible and even if a remedy fails of its essential purpose.
These limits are a basic part of the bargain between you and us. We could not offer the Service at its price without them.
Nothing in these Terms limits liability that cannot be limited under applicable law. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
18. Assumption of risk and release
You assume the risk. You understand that acting on food, recipe, and restaurant suggestions carries risks, including allergic reactions, foodborne illness, other health effects, cooking injuries, and inaccurate information. You voluntarily accept those risks.
You decide. You alone are responsible for deciding what you eat and what you serve to others.
Release. To the fullest extent permitted by law, you release the Desejo Parties from all claims, demands, and damages arising from (a) food you choose, buy, prepare, eat, or serve, (b) your dealings with any restaurant or other third party, and (c) your reliance on Output.
California residents. You waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
19. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the Desejo Parties from any claims, damages, losses, and costs, including reasonable attorneys' fees, arising from:
your use or misuse of the Service or Output;
your violation of these Terms or of any law or third-party right;
Your Content;
food you prepare or serve to others, or suggestions you pass on to others, based on the Service; or
your dealings with any restaurant or other third party.
We may take over the exclusive defense of any claim covered by this section, and you agree to cooperate with us.
20. Dispute resolution, arbitration, and class action waiver
Please read this section carefully. It requires most disputes to be resolved by individual arbitration instead of in court, and it waives jury trials and class actions.
20.1 Talk to us first. Before starting any formal proceeding, the party with a dispute must send the other a written notice describing the claim and the relief requested. Send notices to us at support@eatdesejo.com and 5900 Balcones Dr Ste 100, Austin, TX 78731, and include your name and account email. We will send notices to your account email. Both sides will try in good faith to resolve the dispute for 60 days. Any deadline to file a claim is paused during that period.
20.2 Agreement to arbitrate. If the dispute is not resolved, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved only by binding individual arbitration. This includes claims for illness, injury, or other harm, claims under any legal theory, and claims that arose before you accepted these Terms. The Federal Arbitration Act governs this section.
20.3 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) go to court to stop infringement or misuse of intellectual property.
20.4 How arbitration works. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules. One neutral arbitrator will decide the Dispute. The hearing will be held by video, by phone, on written submissions, or in the county where you live. The arbitrator decides all issues, including whether a Dispute can be arbitrated, except that only a court may decide whether Section 20.6 is enforceable. The arbitrator's decision is final and may be entered as a judgment in any court with jurisdiction.
20.5 Fees. Arbitration fees will be divided as the administrator's rules provide.
20.6 CLASS ACTION AND JURY WAIVER. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON'S CLAIMS. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL.
20.7 Mass filings. If 25 or more similar demands are filed against us by or with the help of the same law firm or organization, the administrator will group them into batches and resolve them in stages, and the parties will cooperate to resolve them efficiently.
20.8 Your right to opt out. You may opt out of this Section 20 within 30 days after you first accept these Terms by emailing support@eatdesejo.com with your name, your account email, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
20.9 If part of this section is unenforceable. If a court decides that Section 20.6 cannot be enforced for a particular claim or request for relief, such as a request for public injunctive relief, that claim or request will be separated and heard in court after the arbitration of everything else is finished. The rest of this section will remain in effect.
20.10 Time limit to bring claims. To the fullest extent permitted by law, any claim relating to these Terms or the Service must be filed within one year after it arises. Claims filed later are permanently barred.
21. Governing law and venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law rules, and by the Federal Arbitration Act. Any Dispute that is not subject to arbitration will be brought only in the state or federal courts located in Travis County, Texas, and you and we consent to the jurisdiction of those courts. Consumer protection laws of the place where you live that cannot be waived by contract continue to apply to you.
22. Termination
You may stop using the Service and delete your account at any time. Deleting your account or the app does not cancel a subscription. Cancel it separately as described in Section 10.
We may suspend or end your access, or change or discontinue the Service, at any time and with or without notice, including if we believe you have violated these Terms or that your use creates risk for you, for us, or for others.
Ending your access does not entitle you to a refund, except where the law requires one.
Sections 4 through 9, 12, 13, 16 through 21, and 25 continue to apply after these Terms end.
23. Apple App Store terms
If you downloaded the app from the Apple App Store, the following also applies:
These Terms are between you and us, not Apple. Apple is not responsible for the app or its content.
Your license is limited to using the app on Apple-branded devices that you own or control, as permitted by the App Store's usage rules.
Apple has no obligation to provide maintenance or support for the app.
If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the fullest extent permitted by law, Apple has no other warranty obligation for the app.
Apple is not responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and consumer protection or privacy claims.
If a third party claims the app infringes its intellectual property, we, not Apple, are responsible for handling that claim.
You confirm that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.
You must comply with any third-party terms that apply when you use the app, such as your wireless data agreement.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
24. Copyright complaints
If you believe content in the Service infringes your copyright, send a notice to our designated agent at Copyright Agent, Javadi Holdings LLC, 5900 Balcones Dr Ste 100, Austin, TX 78731, support@eatdesejo.com. Include:
your signature and contact information;
the work you believe is infringed and the material you want removed, with enough detail for us to find it;
a statement that you believe in good faith the use is not authorized; and
a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.
We may remove content and end the accounts of repeat infringers.
25. General provisions
Entire agreement. These Terms, the Desejo Safety and Legal Notice, and the Privacy Policy are the entire agreement between you and us about the Service. If they conflict, these Terms control.
Severability. If any part of these Terms is found unenforceable, it will be enforced to the fullest extent allowed and the rest will remain in effect.
No waiver. If we do not enforce a provision, that is not a waiver of our right to do so later.
Assignment. You may not transfer your rights under these Terms. We may transfer ours, including in a merger, acquisition, or sale of assets.
Events beyond our control. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages of third-party providers.
No third-party beneficiaries. Except for the Desejo Parties and as stated in Section 23, these Terms give rights to no one else.
Electronic communications. You agree that we may send you notices and agreements electronically, in the app or to your account email, and that they satisfy any requirement for a written notice.
Location. The Service is operated from the United States and is intended for users in the United States. If you use it elsewhere, you are responsible for complying with local law.
26. Contact
Javadi Holdings LLC
5900 Balcones Dr Ste 100, Austin, TX 78731
support@eatdesejo.com