Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the FreshFeed mobile application, the website getfreshfeed.com, and any related services (collectively, the "Service") provided by FreshFeed ("FreshFeed," "we," "us," or "our"). By downloading, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Please read these Terms carefully. They include a binding arbitration provision and a class action waiver (Section 16) that affect how disputes between you and FreshFeed are resolved.

1. Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you may use the Service only with the involvement and consent of a parent or legal guardian. By using the Service, you represent that you meet these requirements and that any registration information you submit is accurate.

2. The Service

FreshFeed provides tools for saving and organizing recipes, planning meals, creating shopping lists, and exploring food options. The Service is provided for general informational and organizational purposes only. Features, content, and availability may change at any time without notice, and we may add, modify, or discontinue any part of the Service at our discretion.

3. Not Medical or Professional Advice

Content available through the Service — including nutrition information, scores, rankings, suggestions, estimates, and any other food-related information — is provided for informational purposes only and is not medical, nutritional, or other professional advice. It is not intended to diagnose, treat, cure, or prevent any disease or condition. Nutrition values, ingredient details, and allergen information may be estimated, incomplete, or inaccurate, and restaurant offerings change frequently. If you have allergies, dietary restrictions, or a medical condition, always verify ingredients and preparation directly with the restaurant or food provider and consult a qualified professional before making dietary decisions. You are solely responsible for your food choices.

4. Estimates

Prices, costs, totals, times, and similar figures shown in the Service are estimates only. Actual prices and availability vary by store, restaurant, region, and time. We do not guarantee the accuracy of any estimate, and we are not responsible for differences between estimates and actual amounts.

5. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to the Service or other users.

6. Subscriptions and Billing

• Certain features of the Service require a paid subscription. Subscriptions are billed through your Apple App Store account and are subject to Apple's terms.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before the current period ends. Your app store account is charged for renewal within 24 hours before the end of the current period.
• Cancellation.You can manage or cancel your subscription in your device's subscription settings. Cancellation takes effect at the end of the current billing period, and you retain access until then.
• Refunds. Purchases are processed by Apple, and refund requests are handled by Apple under its policies. Except where required by law, payments are non-refundable.
• Price changes. We may change subscription prices. Price changes apply to renewals after reasonable advance notice, giving you the opportunity to cancel first.
• Free trials and offers. If a free trial or promotional offer is available, unused portions are forfeited when you purchase a subscription, and trials convert to paid subscriptions unless canceled before the trial ends.

7. Your Content

You retain ownership of the content you submit to the Service, such as recipes, notes, photos, and lists ("User Content"). By submitting User Content, you grant FreshFeed a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, adapt, display, and otherwise use your User Content solely to operate, provide, improve, and promote the Service. You represent that you have all rights necessary to submit your User Content and that it does not violate any law or the rights of any third party. We may remove any User Content at our discretion.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms;
• Copy, modify, distribute, sell, lease, or create derivative works of the Service or any part of it, except as expressly permitted;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying components of the Service;
• Access the Service by automated means (including scraping, bots, or crawlers) or circumvent any access or rate limits;
• Interfere with or disrupt the Service, its servers, or its networks, or probe, scan, or test the vulnerability of any system;
• Upload viruses or other malicious code, or content that is infringing, defamatory, or otherwise objectionable;
• Misrepresent your identity or affiliation, or use another person's account without permission; or
• Use the Service to build a competing product or service, or extract data from the Service for commercial purposes.

9. Intellectual Property

The Service, including its software, design, graphics, text, and other content (excluding User Content and third-party content), is owned by FreshFeed or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms. All rights not expressly granted are reserved. If you provide feedback or suggestions, you grant us the right to use them without restriction or compensation.

10. Third-Party Content and Services

The Service may display content from, or link to, third-party websites, platforms, restaurants, and services, and may reference third-party names, marks, and logos. Such references are for identification only and do not imply affiliation, sponsorship, or endorsement. We do not control and are not responsible for third-party content or services, and your use of them is at your own risk and subject to their terms.

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your license to use the Service ends, and sections of these Terms that by their nature should survive (including Sections 3, 4, and 7 and 9 through 18) will survive.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRESHFEED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR (B) FIFTY U.S. DOLLARS (US $50). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless FreshFeed and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms or any law or third-party right.

15. Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Subject to Section 16, any legal action that is not subject to arbitration must be brought in the state or federal courts located in Florida, and you consent to the jurisdiction of those courts.

16. Dispute Resolution; Binding Arbitration; Class Action Waiver

Informal resolution first. Before filing a claim, you agree to contact us at support@getfreshfeed.com and attempt to resolve the dispute informally for at least 30 days.

Arbitration.Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction. This provision does not prevent either party from bringing an individual claim in small claims court or from seeking injunctive relief for intellectual property infringement or unauthorized use of the Service.

Class action waiver. YOU AND FRESHFEED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Opt-out. You may opt out of this arbitration provision by emailing support@getfreshfeed.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration.

17. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice by updating the date at the top of these Terms and, where appropriate, by additional notice within the Service. Changes take effect when posted unless stated otherwise, and your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

18. Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between you and FreshFeed regarding the Service. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them without restriction. Nothing in these Terms creates any partnership, employment, or agency relationship. Apple is not a party to these Terms and is not responsible for the Service, but Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the iOS app and may enforce them against you.

19. Contact

Questions about these Terms? Contact us at support@getfreshfeed.com.