Terms of Use

1. Agreement to These Terms

These Terms of Use (the "Terms") are a binding legal agreement between you ("you" or "your") and BasicPlate, LLC, a California limited liability company ("BasicPlate", "we", "us", or "our"), and govern your access to and use of the BasicPlate mobile application, together with any related features, content, and services (collectively, the "Service").

By downloading, installing, accessing, or using the Service, or by tapping "I agree" (or a similar button), you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not download, install, or use the Service.

Please read Section 15 (Disclaimers), Section 16 (Limitation of Liability), and Section 19 (Dispute Resolution) carefully. They limit our liability and affect how disputes between us are resolved.

2. About the Service

BasicPlate is a nutrition and calorie-tracking application. Among other things, the Service lets you:

• Log meals and food items by taking photos, uploading images, or entering text descriptions;
• Receive AI-generated estimates of calories, macronutrients, and other nutritional information for the meals you log;
• Track your intake, goals, and progress over time; and
• Access related features that we may add, modify, or remove from time to time.

The Service relies on artificial intelligence and third-party data sources to generate estimates. These estimates are approximations and may be inaccurate or incomplete. See Sections 5 (Health and Nutrition Disclaimer) and 6 (AI-Generated Estimates).

3. Eligibility

You must be at least 18 years old to create an account or use the Service. By using the Service, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that your use of the Service complies with all laws that apply to you. The Service is intended for users located in the United States. We make no representation that the Service is appropriate or available for use outside the United States.

4. Accounts and Registration

To use most features, you must create an account. You may register using your email address or a supported sign-in method (for example, Sign in with Apple). You agree to:

• Provide accurate, current, and complete information;
• Keep your login credentials confidential and not share them with others;
• Be responsible for all activity that occurs under your account; and
• Notify us promptly at support@basicplate.com if you suspect any unauthorized use of your account.

You are responsible for maintaining the security of your device and account. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

5. Health and Nutrition Disclaimer — Please Read

The Service is provided for general informational and self-tracking purposes only. It is not a medical device and does not provide medical, nutritional, dietary, health, or professional advice.

• The Service does not diagnose, treat, cure, or prevent any disease or health condition.
• Nutritional estimates, calorie counts, goals, and other outputs are not a substitute for professional advice from a physician, registered dietitian, or other qualified health provider.
• Always seek the advice of a qualified health professional before starting, changing, or stopping any diet, exercise, supplement, or health program, and with any questions you have about a medical or nutritional condition.
• Never disregard professional medical advice or delay seeking it because of something you read or calculated in the Service.
• If you think you may have a medical emergency, call your doctor or your local emergency number immediately.

Individuals with, or at risk of, eating disorders or other health conditions should consult a qualified professional before using calorie- or food-tracking tools, which may not be appropriate for everyone. If you are struggling with disordered eating, consider reaching out to a qualified professional or a support resource such as the National Alliance for Eating Disorders helpline.

You are solely responsible for any decisions or actions you take based on the Service, and you assume all risks associated with your use of it.

6. AI-Generated Estimates

The Service uses artificial intelligence and third-party data to estimate the nutritional content of meals from photos or text you provide. You understand and agree that:

• Estimates are approximations and may be materially inaccurate, incomplete, or unsuitable for your particular needs (for example, they may misidentify foods, portion sizes, ingredients, or preparation methods).
• Estimates depend on the quality and accuracy of the information you provide. Poor images, ambiguous descriptions, or hidden ingredients can reduce accuracy.
• You should independently verify nutritional information, especially if you have allergies, intolerances, medical conditions, or dietary restrictions where accuracy matters.
• We do not guarantee any particular result, outcome, or level of accuracy.

7. Subscriptions, Free Trial, Auto-Renewal, and Billing

BasicPlate is offered on a subscription basis and may include a free trial. All subscriptions and payments are processed by Apple through your Apple App Store account, subject to Apple's terms. We do not collect or store your payment card details.

• Free trial. We may offer a free trial of 7 days. Unless you cancel at least 24 hours before the trial ends, your subscription will automatically convert to a paid subscription and the applicable subscription fee will be charged to your Apple ID. Any unused portion of a free trial is forfeited when you purchase a paid subscription (where applicable).
• Auto-renewal. Subscriptions automatically renew for the same period (for example, monthly or annually) at the then-current price unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
• Pricing. Current subscription options and prices are shown in the App at the point of purchase. We may change subscription prices; any price change will apply to future billing periods and, where required by Apple or applicable law, only after notice to you and/or your consent.
• Managing and canceling. You can manage or cancel your subscription, and turn off auto-renewal, at any time in your Apple ID account settings (Settings → your name → Subscriptions on your iOS device). Deleting the App does not cancel your subscription.
• Refunds. All purchases are final except as required by law. Because billing is handled by Apple, refund requests are managed by Apple in accordance with the App Store's policies. We generally do not have the ability to issue refunds directly for App Store purchases. To request a refund, visit reportaproblem.apple.com.

8. Changes to Subscriptions and Features

We may add, change, suspend, or discontinue subscription tiers, features, or content at any time. If we make a material change that reduces the core functionality you paid for, we will use commercially reasonable efforts to notify you.

9. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on an Apple-branded device that you own or control, solely for your personal, non-commercial use. This license is further subject to the Apple App Store Terms and the Apple-specific terms in Section 20 (Apple-Specific Terms).

10. Your Content

"User Content" means the meal photos, images, text descriptions, notes, goals, and other information you submit to the Service.

You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and use your User Content solely to operate, provide, secure, and improve the Service for you, including transmitting meal photos and descriptions to our third-party AI provider to generate nutritional estimates as described in the Privacy Policy. We do not sell your User Content, and, as described in our Privacy Policy, your meal content is not used by our AI provider to train its models.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate these Terms or any law or third-party right.

We own all right, title, and interest in the nutritional estimates, analytics, and other outputs generated by the Service, and in any aggregated or de-identified data derived from User Content, which we may use for any lawful business purpose.

11. Acceptable Use

You agree not to, and not to permit others to:

• Use the Service for any unlawful, harmful, or fraudulent purpose;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent permitted by law;
• Copy, modify, distribute, sell, lease, or create derivative works of the Service;
• Interfere with, disrupt, or overload the Service, or attempt to gain unauthorized access to it or its related systems;
• Use any automated means (bots, scrapers) to access the Service or extract data;
• Upload content that is unlawful, infringing, or that contains malware; or
• Remove or obscure any proprietary notices.

We may investigate and take appropriate action, including suspending or terminating your access, for any violation.

12. Intellectual Property

The Service, including its software, design, text, graphics, logos, and other content (excluding your User Content), is owned by us or our licensors and is protected by intellectual-property laws. Except for the limited license in Section 9 (License to Use the App), we grant you no rights in the Service. "BasicPlate" and our logos are our trademarks and may not be used without our prior written permission.

We respect intellectual-property rights and will respond to notices of alleged infringement. To submit a notice regarding content on the Service, contact us at support@basicplate.com with the information required under the DMCA (17 U.S.C. § 512).

13. Feedback

If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use it for any purpose without obligation or compensation to you.

14. Third-Party Services and Materials

The Service relies on and interoperates with third parties, including Apple (App Store and billing), our cloud hosting provider, and our third-party AI provider. Your use of those services may be subject to their own terms and policies. We are not responsible for third-party services or materials, and their inclusion does not imply our endorsement.

15. Disclaimers of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law, we (and our members, managers, officers, employees, agents, and licensors) disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the nutritional estimates or other outputs will be accurate, complete, or reliable; or (c) the Service will meet your requirements or achieve any particular health or nutrition outcome. Any material downloaded or otherwise obtained through the Service is accessed at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, arising out of or relating to these Terms or the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US (OR PAID THROUGH THE APP STORE FOR THE SERVICE) IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

The exclusions and limitations in this Section apply to BasicPlate, LLC and its members, managers, officers, employees, agents, and licensors, and are cumulative with, and not reduced by, any other limitation in these Terms.

Any claim arising out of or relating to these Terms or the Service must be filed within one year after the claim arose; otherwise, the claim is permanently barred, to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless BasicPlate, LLC and its affiliates, and their respective members, managers, officers, employees, agents, successors, and assigns, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

18. Termination

You may stop using the Service at any time and may delete your account through the App or by contacting us at support@basicplate.com. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or to protect the Service or other users. Upon termination, the license granted to you ends and you must stop using the Service. Sections that by their nature should survive termination (including Sections 5, 6, 10, 12, 15–17, and 19–21) will survive.

19. Dispute Resolution

Before filing any claim, you agree to try to resolve the dispute informally by contacting us at support@basicplate.com. We will try in good faith to resolve it within 60 days. Many concerns can be resolved this way.

If we cannot resolve the dispute informally, it will be handled by the courts identified in Section 21 (Governing Law and Venue).

20. Apple-Specific Terms

These Terms are between you and us only, not with Apple, and Apple is not responsible for the Service or its content. The following apply to your use of the App obtained through the Apple App Store:

• Scope of license. The license granted in Section 9 (License to Use the App) is limited to use of the App on any Apple-branded device you own or control, as permitted by the Apple App Store Terms of Service.
• Maintenance and support. We, not Apple, are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support.
• Warranty. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); Apple has no other warranty obligation.
• Product claims. We, not Apple, are responsible for addressing any claims relating to the App or your use of it, including product-liability claims, claims that the App fails to conform to legal requirements, and claims under consumer-protection or similar laws.
• Intellectual property. In the event of a third-party claim that the App infringes intellectual-property rights, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of such claim.
• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

21. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws principles. You and we agree that any dispute will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to their personal jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as by posting the updated Terms in the App or on our website and updating the "Last updated" date above. Changes are effective when posted (or on a later date if we specify one). Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

23. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms for any reason, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.
• Notices. We may provide notices to you through the App, by email, or by posting them in the App. You may contact us as set out below.
• No personal liability. No individual member, manager, officer, employee, or agent of BasicPlate, LLC will have any personal liability under these Terms; your sole recourse is against BasicPlate, LLC and is limited as set forth in Section 16 (Limitation of Liability).

24. Contact Us

Questions about these Terms? Contact us at:

BasicPlate, LLC
Email: support@basicplate.com
Mailing address: 1309 S. Beverly Glen Blvd., Los Angeles, CA 90024
Website: www.basicplate.com