TERMS AND CONDITIONS

Effective Date: November 30, 2021

Itsmyfood LLC, and any successor entity (referred as Itsmyfood, We, Our or Us) offers a variety of content, information, data, calculations, analysis, visuals, references, estimations, diet plans, and services through the Itsmyfood Website and App. (collectively the Services).

These Terms and Conditions of Use apply and govern your use of Itsmyfood mobile Application (the App) and Website. Terms and Conditions apply to both paid and free users (you). By using Our App and Website, you agree to all the terms and conditions below.

Our App can be used free of charge or as a paid as Premium The Premium version unlocks some features and content.

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 14. YOU SHOULD REVIEW THEM CAREFULLY. THEY MAY AFFECT YOUR RIGHTS TO RESOLVE DISPUTES WITH US. .

THESE TERMS CONTAIN SECTIONS TO PROTECT THIRD PARTIES, WHERE YOU ACCEPT THE RESPONSIBILITY FOR ANY KIND OF LOSS THAT YOU MAY CAUSE TO ANY THIRD PARTIES RELATED TO USE OR INABILITY TO USE OF OUR SERVICES. (SECTION 9. 10, 11, 12) .

YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR SERVICES. YOU SHOULD READ AND UNDERSTAND THE TERMS AND CONDITIONS BEFORE USING OUR SERVICES. IF YOU DO NOT FULLY AGREE TO OUR TERMS, OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT ALLOWED TO USE OUR SERVICES.

1 Use and Ownership

The Logo, graphics, user interface, editorial content and other intellectual property rights (registered and unregistered) in and on the Services belong to Itsmyfood and/or its partners or applicable third parties. You own your data like, weight, calories, consumed food history and your photos. We respect your data and your privacy ( as written under privacy agreement ) and you agree you will respect the intellectual property rights of Us.

We grant you a personal, non-transferable, limited, revocable right and license to access and use Our Services. You can use Our Services only for your personal and noncommercial, non academic purposes.

Our Services are not medical tools and cannot be used in any medical purposes. As described in Part 8, 9, 10, 11 and 12 in these terms Our Services cannot be seen as an up to date, reliable source of information. Due to that you cannot use Our Services in any kind of business decision, activities, or to teach, train or to assist third parties whether for money, for something else or for free.

You agree that you donÂ’t (and do not participate or allow any third party) to create a derivative work, copy, modify, alter, display, reverse engineer any part or all parts of Our Services. You cannot sell, distribute, license, sublicence, transfer Our Services to someone else, whether for money, for anything else, or for free. If you want to sell your device, uninstall and delete all the content related to Our Services first.

You cannot obtain or use Our Services illegally or in a way that harms Our Commercial Rights.

You have to be responsible when using Our Services. You must not use Our Services in a way that creates any kind of harm or risk, for you, any other person, for Us, for any third party.

You agree that using Our Services does not create a joint venture, partnership, employment, or agency relationship between you and Us.

2 Changes and Updates, including changes in Terms and Conditions

Our Services are evolving and may change without prior noticing to you. Updates may contain fixes and additional features. Updated versions may also remove or limits access to some Information, Data, or Services. Our Services may not work properly if you do not allow and install Updates or Automatic Updates.

We reserve the right to change the Terms and Conditions. If there are changes in Terms and Conditions, you will be notified in the App, and you will be asked to accept the changes. If you disagree with the Terms and Conditions, you are not allowed to use Our App and Services.

3 Account and User data

In order to provide you Our Services, you need to create an account. You can use your email address, or if We provide an option, you can use a third-party or social login service to create your account. It is important that the email that you provide Us is recent and in active use. We will use this email address to notify you important changes. We may also use this email address to promote Our Services. If you would like you can opt-out under My profile > privacy & account.

We store your email, device id, operating system, password, and important logs like the time you agree Our Privacy Policy and Terms. Read Our Privacy Policy to learn how we collect and use personal data.

We do not store your name, sex, age, photo, credit card, social security number, etc on Our Servers.

User-generated content like your photos, recipes, plans, weight and food records are stored on your device only. If you do not want to lose your data, you need to use your own third-party backup services or the backup services that are provided by your device. You are solely responsible to secure and store your data. We are not responsible for any loss or damage.

Under the Premium ( Premium is defined under Part 5- Paid Services), We provide a Backup Service as as-is. It is a short-term limited service and not a replacement for your own backups. If Our Backup Service fails, is deleted, stops running we are not responsible for any loss or damage.

When you use Our Backup Service, only your data will be stored and your photos are not going to be stored. For Security reasons, backup data is stored in an encrypted form in Our Servers. We cannot recover or read your data if you somehow fail to restore your backup like due to a change in a new device, loss of account, password, etc.

Your Backup data will be deleted when your Premium Subscription Period is over.

Backup Service is limited to one backup and one restore operation in a day and a maximum of 10MB of file size.

4 Account delete, suspension, termination.

We may delete your account, or suspend, or terminate your access to or use of Our Services without prior notice if you violate the Our Terms or create harm, risk, possible legal exposure for Us or for others. This may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive in suspension or termination

5 Paid Services

Our App can be used free of charge or as a paid as Premium. The Premium version unlocks some features and content.

Premium Services are based on a term-based subscription model. The subscription to Premium auto-renew unless you cancel, and you can cancel at any time.

We define subscription terms and prices, and you can see them under Our App. Subscription terms may be available to you for one month, six months, and one year. We may offer more than one option to you to choose in between or only a single offer. Our Subscription prices may change locally.

All purchases are done in advance of your selected terms, like Monthly or Annually, and they renew automatically until you cancel them. Premium Services are final and non-refundable. There are no refunds for your cancellation for already paid terms ( like month or year) even you donÂ’t use them.

If you do not pay your fees, We have the right to terminate your access to Premium Services. If you cancel your Premium Services, you will not be charged for the next term ( like year or month), and you maintain your access to the Premium Services until the end of the term you already paid. Cancellation of auto-renewal subscriptions can be done only for the next payment term and cannot be done for the period you have already paid.

At the end of the Premium Service term, you can still use the App as free of charge as the other free users. At the end of your Premium Term, you cannot access Premium Services, Data, or the Content. Since Premium Services limits some content visibility, this may also limit your access or display contents that you have created with Premium Services, like vitamin content of your recipes or plan, weekly plans, your nutrient detail progress, etc.

If available you can purchase consumables as credits. You can consume credits to display some Premium services like displaying ingredient analysis. You can not use credits to display all premium features. You cannot convert credits to something else. You can not share credits with someone else. You can not use credits for subscriptions or to buy something. You can not use credits for money. Once you pay for credits you purchase non-transferable consumables that have no monetary value, that only can be used to display some Premium features.

Using credits does not distinguish the page you view and do not unlock the page you view forever. When you navigate back and access the same Premium page you may need to use another credit if you would like to.

6 Offers

Sometimes We may offer Free Trials. Free Trials give you access to all Premium Services and Content for free for a given time when this offer is available.

In order to start your Free Trial, you need to provide a preferred payment method. You can use the Premium Services for free until the end of your Free Trial period. If you do not cancel, at the end of your Free Trial, your access to Premium Services continues, and you will be charged according to your selected terms. If you cancel before the Free Trail end period, you will not be charged any fees. ( your internet or mobile service provider fees may still apply according to the use of Our Services. )

We may provide Offers to access Our Premium Services for a selected group, organization, or individuals for a given period. We can provide Offers without your demand. If you are presented for an Offer, you agree that this does not create a joint venture, partnership, employment, or agency relationship between you and Us.

An Offer may require you to provide a preferred payment method to renew your subscription at the end of the Offer Period. If you do not agree with the Terms supplied with the Offer, do not use the Offer. You do not have to use the Offer. We may cancel the Offer upon your request. You cannot transfer, give Our Offer to others for money, for anything else, or for free.

7 Change in Fees

We may change Our prices for Premium Services at any time. Prices may vary according to the countries you live. We do not know where you live for your privacy. This localization, payment, and all transactions are handled by App Markets on our behalf.

You can follow the latest price information for subscriptions and consumable credits under My profile > About. If you do not accept the new prices you can cancel your Premium Services. When you cancel, you can still use your Premium Services until the end of your paid subscribed term.

8 No Warranties

By using Our Services you agree that Our Services are provided as-is and without any representation or warranty, whether express, implied, or statutory. We are doing best to keep Our Services accurate but We cannot guarantee that Our Services, data, information, calculations, estimations, and visuals, and all remaining content within the App are complete, up to date, free from mistakes or errors. We make no warranty that Our Services meet any conditions, standards, or requirements. We make no warranty regarding the accuracy, completeness, quality, reliability, accessibility, timeliness, of Our Services, App, and data. We make no warranty for maintenance, updates, correcting in Our Services and App. We may limit or remove certain Services without prior notice and liability. We have no obligation to provide any fixes, updates, or to continue to provide or enable any particular features or functionality of any of Our Service.

9 Liabilities

By using Our Services and App you agree that you take full responsibility for any foreseeable or unforeseeable events regarding to use or inability to use of Our Services. Except to the extent permitted by applicable laws, under no circumstances, We will be directly or indirectly responsible or liable to you or any third party, for any kind of profit, revenue, property, goodwill or other intangible loss, loss of data, special or punitive damages, health problems and bodily injuries due to the use or inability to use Our Services or your actions depending related to Our Services like reliance, misunderstanding, trusting, using, sharing, content, visuals, information, data, etc. You must act responsible for safety of you and any third parties. If you cause any harm to third parties, you agree that you could be held responsible for your actions.

By using Our Services you agree to waive any rights and benefits you may have or that may accrue to you under any Law providing that a general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor, or something substantially similar. If We are found liable to you for any damages or loss Our Liability shall not exceed the last 12 months of your purchases from Us.

10 Safety First

Safety is very important to Us. Although eating and drinking are daily activities, they are not risk-free. While some foods can be harmful to some individuals, unhealthy diets are also associated with some chronic diseases. Even essential nutrients that the body needs every day may cause, mild to severe, irreversible health conditions if taken beyond needs. Physical activities also may be harmful if something is done beyond the body’s limits. If the person has a health condition or allergies, or if is pregnant or breastfeeding the risk increases. As this App is related to eating, drinking, and physical activities, there are risks associated with the App.

Our Services may be wrong, missing, outdated. Our Services are not reviewed by people with expertise. We are not medical professionals, and Our Services are not Medical Services, or not a substitute for, medical advice, opinions treatments, diagnosis, progress tracking, report, etc, and cannot be used in any medical actions. We cannot provide a patient-doctor relationship with you and We cannot guarantee the safety of you or any third parties when you interact with Our Services. We provide Our Services, Data, Calculations, and Information for informational purposes only.

Whether you have a medical condition or you are healthy, you agree that you act responsibly and you agree you consult your healthcare professional to ensure Our Services are safe for you before you use them. If you are making a decision based on Our Services without consulting a professional, you agree that you are risking your health and taking full responsibility for your actions.

Our Services use custom values according to you and these values may not be suitable or safe for other persons. For the safety of third parties, you agree not to share written, verbal or visual information about Our Services. When using Our Services you agree that you take full responsibility for your safety and for the safety of third parties and use Our Services responsibly and with caution. Our Services are not intended for individuals under 18 years old. If you are under 18 you are not allowed to use Our Services. If you are a pregnant, breastfeeding woman, or a woman planning to be pregnant, or have any allergies or health conditions, you agree to use Our Services under the supervision of your doctor.

All calculations in Our Services, including calorie burn, nutrient, and calorie intakes are estimations based on your inputs and may not reflect the actual values. If Our Services are inconsistent with your healthcare providers, doctors, or your government agencies, or law and regulations in your country, or the information supplied on the actual food label, you must trust them and ignore Our Services. For your safety and the safety of third parties, you agree to check the accuracy, correctness, and completeness of Our Services every time you interact with Our Services.

If you create a diet plan by using Our Services you agree to consult a professional before actually applying the diet plan. You agree and understand that these plans are not reviewed by experts, not a substitute for experts’ opinions, and these plans may risk your health.

We offer tools in Our Services including Diet Plans, Calories & Nutritional Goals, Suggested foods in Diet Planning. Like all of Our Services, they are not medical advice. These are auto-generated content and they could be beyond your body’s limits. We do not know if these auto-generated contents are achievable, safe, or suitable for you.

11 Food labels

Food labels on food products are the primary source of information and Our Services are not a substitute for an actual food label or any information supplied by the manufacturer. If Our Services are inconsistent with them you should ignore Our Services and trust the manufacturer information or actual food label. Food labels, allergens, nutrition tables, information, and the analysis supplied by Our Services may be wrong, missing, or outdated. By using Our Services you agree that you will read actual food labels and act according to information on the actual food labels only.

International products are translated into English. These translations are as-is and may contain errors. These errors may cause problems in Our Ingredient Analysis, or will mask the ingredients that you choose to avoid. Always check actual food label. If you cannot read the actual food label, do not consume the food by using or trusting Our Services.

12 Food additives and Nutrition Tables and Analysis

In Our Services, there are, nutrition analysis, food additive databases, food additive analysis as as-is and as-available. They may be incomplete, wrong, outdated and they are not reviewed by people with expertise. Product food additive and nutrition analyses are auto-generated content and these analyses are not reviewed by a person with expertise or even by one person. Regulations, specifications of food additives may change from one country to another. Countries could ban some additives today due to possible harms which they were considered safe. These banned additives may be allowed in some other countries. Due to all of that We are not judging or labeling an additive or a product or a manufacturer which are legally regulated by laws in countries where they are sold, as safe, risky, or harmful.

Because of all this, we do not judge or label, an additive, or a product or a manufacturer as safe, risky or harmful as they are regulated by laws in the countries where it is sold. Protecting public health is the duty of health institutions, and we give you information that you can access yourself. Our aim to help you make informed choices. We do not have a duty or purpose to conduct a health or risk assessment and our services cannot be evaluated as such.

We are not promoting that Our database is complete and up to date. If you have any concerns you must ask professionals for more information on, regulations of the additives in your country. As Our intention is not the label foods as safe, risky, or harmful, Use Our Services responsibly, in a way not to harm third parties.

In Our Services nutrition tables, daily values could be customized. There are different regulations and studies across countries for daily values (or reference values) and they may be different than the values used in your country. Since these values could be customized they are not suitable for any other person. Sharing, reading the daily values to others may risk their health, especially people with medical conditions, allergies, pregnant and breastfeeding women, children, babies.

There are some food products for sensitive groups like infants and children. Usually, labels and values on such products are different than usual foods. Daily value calculations are special for them. In Our Service, We cannot distinguish whether it is a special food or not, and the daily values are always calculated always according to you. Since Our Services are customized according to you, sharing Our Services with others, suggesting foods, and making plans based on Our services may put the health of third parties and your loved ones at risk.

13. Governing Law

These Terms of Use and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

14. Disputes

You agree that in the event of any dispute or claim between you and Itsmyfood, you will first contact Us via support@itsmyfoodapp. com and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.

IF THE DISPUTE IS STILL NOT RESOLVED, ANY DISPUTE OR CLAIM WILL BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. IF YOU ARE AN INDIVIDUAL, YOU MAY OPT-OUT OF AN ARBITRATION OPTION IN A DISPUTE AS DESCRIBED BELOW.

In arbitration, disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAAÂ’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available online at www. adr. org or can be accessed by calling the AAA at 1-800-778-7879.

We each agree that

– Dispute resolution proceedings will be conducted only on an individual basis, not in a class, consolidated or representative action.

– All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

– Any arbitration between you and Us, to the extent necessary, will be conducted in English and remotely by telephone, online and/or based on written submission.

– The arbitration will not require any personal appearance by the parties or witnesses.

– Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

– Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration AssociationÂ’s rules. Itsmyfood will reimburse you for those fees up to $3,000, unless the arbitrator determines your claims are frivolous. Likewise, Itsmyfood will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines your claims are frivolous.

This arbitration agreement does not govern any claim by Itsmyfood for infringement of Our intellectual property or unauthorized access to the Services or exceeds authorization granted in these Terms or bar you from making use of applicable small claims court procedures in appropriate cases. This arbitration agreement will not preclude you or Itsmyfood from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. This arbitration agreement does not preclude you or Itsmyfood from applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT-OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF THE DATE OF YOUR ELECTRONIC ACCEPTANCE THE TERMS. The opt-out notice must be postmarked no later than the applicable deadline and emailed to legal@itsmyfoodapp.com. The opt-out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, email address and social security number or national id; and must be signed by you.
No other methods can be used to opt out of this Arbitration Agreement.This procedure is the only way you can opt-out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt-out of the arbitration provision, all other parts of the Terms will continue to apply.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between Us will be subject to the jurisdiction of the Delaware state and federal courts located in Delaware, and you and We hereby submit to the personal jurisdiction and venue of these courts. You and Itsmyfood agree that if for any reason a dispute proceeds in court rather than arbitration, you and Itsmyfood waive any right to a jury trial, the dispute will proceed solely on an individual, non-class, non-representative basis and neither you nor Itsmyfood may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

15 Miscellaneous

To use Our App you will need a compatible device and network access. We do not guarantee that Our App will work on your device. While accessing Our Services your standard data and messaging rates like your phone companyÂ’s rates will still apply.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of Our Services including use of Our Services with free coupons, or any promotional offers given personally to you. This relationship can be only be established by wet-signature contracts.

If any provision of these Terms and Conditions is unenforceable for any reason, that provision shall be deemed separate from these Terms and Conditions. The remaining provisions remain fully in force and effect.

If you delete your account, or Our relations with you stopped, or these Terms terminate in any way, these will not limit any of Our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination.

16 App Stores

If you download the App from a third-party app store (the App Provider),

These Terms are between you and Us, and not with App Provider, and between Us and App Provider, We are responsible for Our App and the content thereof.

App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to Our App.

In the event of any failure of Our App to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for Our App to you; and that, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to Our App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will not be App ProviderÂ’s responsibility.

App Provider is not responsible for addressing any claims you have relating to Our App or your possession and use of Our App.

In the event of any third party claiming that Our App or your possession and use Our App infringes that third partyÂ’s intellectual property rights, App Provider is not responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. If you have any claims you can contact Us at legal@itsmyfoodapp.com.

If you are in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country, or you are listed on any U.S. Government list of prohibited or restricted parties you are not allowed to use Our Services.

17 Ads and Sponsored contents

Our App may contain ads or sponsored content. We do not track your activities for ads. If there are ads or sponsored content they will be displayed both in Premium and free use.

18. Contact Us

If you have any feedback, questions, or comments about the Services, please contact Our Support Team via info@itsmyfoodapp.com. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.