Terms of Use (End User License Agreement) — The Quiet Archive

Last updated: 18 August 2026

These Terms of Use govern your use of The Quiet Archive ("the App"), published by Smarty Bytes Innovation Inc. ("we", "us"), an Ontario corporation. By downloading or using the App you agree to them. If you do not agree, do not use the App.

This agreement is between you and Smarty Bytes Innovation Inc. only — not with Apple. Apple is not responsible for the App or its content. Apple has no obligation to provide any maintenance or support for the App.

1. Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/us/terms.html). This licence does not allow you to use the App on a device you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at once, except as expressly permitted by those Usage Rules.

You may not copy, modify, reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent that restriction is prohibited by applicable law.

2. Subscriptions and billing

The App is free to download. Barcode scanning, food search, manual entry, editable timestamps, the timeline and the insights views are unlimited and free. Photo analysis is included free up to a stated allowance; beyond that it requires a subscription.

Quiet Archive Premium is an auto-renewable subscription:

Payment is charged to your Apple ID account at confirmation of purchase.
The subscription renews automatically at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period.
Your account is charged for renewal within 24 hours prior to the end of the current period.
You can manage your subscription and turn off auto-renew in your Apple ID account settings after purchase.
Any unused portion of a free trial period, where one is offered, is forfeited when you purchase a subscription.
Deleting the App does not cancel your subscription. Cancel through your Apple ID settings.

Prices are shown in the App in your local currency as calculated by Apple, and may vary by territory. Refunds are handled by Apple in accordance with the Apple Media Services Terms and Conditions.

3. Maintenance and support

Smarty Bytes Innovation Inc. is solely responsible for providing any maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance or support services. You can reach us at support@smartybytes.ca.

4. Warranty

The App is provided "as is" and "as available", to the maximum extent permitted by applicable law, without warranty of any kind. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our sole responsibility.

5. Not medical advice

The Quiet Archive is a personal journal. It does not diagnose, treat, cure, prevent, or monitor any disease or condition, and it is not a medical device. Nutrition figures are estimates, drawn from public food databases or from automated photo suggestions that you confirm. They may be inaccurate. Do not rely on them for medical, clinical, or dietary decisions. Consult a qualified healthcare professional.

6. Your data and your responsibility

Your entries and photos are stored on your device. There is no cloud backup. Deleting the App, or losing or resetting your device, permanently deletes your archive. Exporting your data from Settings is the only backup, and doing so is your responsibility.

Our handling of the limited information that does leave your device is described in our Privacy Policy (https://smartybytes.ca/quietarchive-privacy), which forms part of these Terms.

7. Product claims

Smarty Bytes Innovation Inc., not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including but not limited to product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.

8. Intellectual property claims

In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, Smarty Bytes Innovation Inc., not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.

9. Legal compliance

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Third-party terms

You agree to comply with applicable third-party terms of agreement when using the App. Data returned by the App may originate from Open Food Facts (https://world.openfoodfacts.org, made available under the Open Database License) and USDA FoodData Central (https://fdc.nal.usda.gov). Photo analysis is performed using the Google Gemini API, subject to Google's API terms (https://ai.google.dev/gemini-api/terms).

11. Apple as third-party beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.

12. Limitation of liability

To the maximum extent permitted by applicable law, Smarty Bytes Innovation Inc. will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, arising out of or relating to your use of the App. Nothing in these Terms limits liability that cannot be limited under applicable law, including under Canadian consumer protection legislation.

13. Termination

This licence is effective until terminated by you or by us. Your rights under it terminate automatically if you fail to comply with any of its terms. Upon termination you must stop all use of the App and delete all copies.

14. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles, except where mandatory local consumer law in your place of residence applies.

15. Contact

Smarty Bytes Innovation Inc. — support@smartybytes.ca