Terms and Conditions

IMPORTANT- PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND MOBILE APPLICATION END USER LICENSE AGREEMENT CAREFULLY BEFORE USING ANY ASPECT OF THE EATSLY OFFERINGS.

Welcome to Eatsly, a platform thoughtfully designed to assist in identifying potential food allergens through ingredient insights. At Eatsly, our goal is to take the stress out of safety and allow you to be comfortable and confident with your food choices. Thank you for your interest!

These Terms and Conditions (the "Agreement") constitute a legally binding agreement between you and Eatsly concerning your access to and use of our mobile application, website, and all associated features and services (collectively referred to as, the "Service").

PLEASE READ THE FOLLOWING CAREFULLY.

By accessing, installing, registering with, or using the Eatsly website, mobile application, or any related services, you confirm that you have read, understood and agreed to these Terms and our accompanying Privacy Policy. If you do not agree with any part of these Terms, you must refrain from using or accessing the Service.

1. Definitions

For the purpose of these Terms and Conditions:

• "Eatsly", "we", "us", or "our" refers to the company Eatsly, including its legal owners, employees, contractors, affiliates, and authorized agents.
• "You" or "User" refers to the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• "Eatsly Offerings" or "Service" refers to the Eatsly application, website, software, and related digital tools that facilitate allergen detection and awareness.

2. User Acknowledgment and Acceptance of Terms

This agreement is a legally binding contract between you and Eatsly Inc. The agreement governs your access to and use of:

• Our website and all its subdomains;
• Our mobile application and browser extensions (collectively, the "App");
• Our AI-powered allergen scanning, detection, and ingredient breakdown tools;
• Any newsletters, blogs, or dietary-related content or recommendations provided to you by us (collectively, "Eatsly Content");
• Any other features, services, or products we make available from time to time.

This Agreement is inclusive of our Privacy Policy, as well as any supplemental policies, disclaimers, promotional rules or operational guidelines that we may publish from time to time, all of which are incorporated herein by reference.

By using the Eatsly Offerings, you agree to resolve all disputes with Eatsly through binding arbitration and waive your right to a jury trial or to participate in class action lawsuits. These terms are described in detail in Section 20, "Dispute Resolution and Arbitration".

3. Health Disclaimer and Limitation of Liability

The Eatsly Offerings are designed to support individuals with food allergies and dietary needs by helping identify potential allergens in food products through information sourced from public databases, product labels, restaurant menus, and user submissions. While we strive to provide accurate and up-to-date information, Eatsly is not a substitute for medical advice, diagnosis, or treatment from a qualified healthcare provider. Eatsly disclaims all warranties, expressed or implied.

THE EATSLY OFFERINGS DO NOT PROVIDE MEDICAL ADVICE.

The allergen-related data presented in the app is for informational purposes only and not guaranteed to be complete, accurate, or up-to-date. You are solely responsible for verifying ingredient and allergen information with the food provider or manufacturer before consumption. Information on Eatsly must not be used as a substitute for advice from your physician, allergist, or other medical professionals. You should always consult with your healthcare professionals before relying on any information presented through the Eatsly Offerings.

By using the Service, you acknowledge and agree that: Eatsly does not guarantee allergen detection. You assume all risks associated with consuming food based on any information provided by the Service.

Eatsly is not liable for any allergic reactions, illnesses, injuries, or other health-related outcomes, even if those result from incorrect or missing data in the app. Eatsly is not liable for any indirect, incidental, or consequential damages, including those arising from reliance on allergen data.

If you have a known or suspected food allergy, consult your doctor and exercise extreme caution when dining out or purchasing packaged food. Never rely solely on the Service in situations where allergen exposure could be life-threatening. The Service does not provide any medical advice. Information is provided for informational purposes only, and is not intended as a substitute for the advice provided by your physician or other health-care professional or any information contained on or in any product label or packaging.

4. Service Overview

Eatsly is a food awareness tool that enables users to scan products, search menus, and utilize our database to access allergen-related information. Eatsly provides users with personalized information about ingredients, allergen content, and dietary safety to help users make safer food choices. Eatsly provides customizable profiles to help tailor allergy-related content to the user.

Eatsly uses features like:

• Barcode scanning for packaged products;
• Menu browsing and ingredient analysis;
• AI-generated allergen alerts based on user profiles;
• Community-sourced food tips and reviews;
• Personalized dietary filters and tagging.

Eatsly does not produce or verify food products. All allergen data is provided for informational purposes only, and may not reflect the latest updates by manufacturers or restaurants.

5. Eligibility

You must be 18 years old or older to use the Service. Individuals under the age of 18 may use the Service, so long as they have the consent of a parent or legal guardian who agrees to be bound by these Terms on their behalf. When initially accessing the Eatsly Offerings, you will be asked to verify your age, and whether or not you have the consent of a parent or legal guardian. You are responsible for the validity of your response. Eatsly is not responsible for false verifications.

6. Account Registration and Security

To access the majority of Eatsly's functions and personalized features, you will be required to create an account. When registering an account, you must provide us with certain information about yourself, such as your name, email address, or your account information on a third-party service (e.g., Google). By registering an account, you agree to provide accurate, complete, and current information during the registration process and to maintain such information thereafter. You will also be asked to create a password.

You are responsible for maintaining the confidentiality of your account and password. You accept all responsibility for all activities that occur under your account. If you believe that your account is no longer secure, please contact our customer service line or take action to secure your account such as changing your password. We reserve the right to suspend or terminate any account that violates this Agreement at any time.

7. Mobile Application Terms

The Eatsly mobile app may be available through third-party stores, such as the Apple App Store or Google Play Store ("App Stores"). You are responsible for downloading the correct version compatible with your device. You agree to comply with the applicable App Store terms when downloading and using the App.

Subject to this Agreement, Eatsly grants you a limited, non-exclusive, non-transferable, revocable license to install and use one object code copy of the App on a mobile device you own or control, solely for personal, non-commercial purposes. You may not use or export the App except as authorized by U.S. law.

We may issue updates or upgrades to the App from time to time. You consent to receive such updates automatically. Eatsly has no obligation to provide customer support for the App unless otherwise agreed in writing.

8. General Payment Terms

Certain features of the service may require you to pay fees. Prior to any transactions, you will have an opportunity to review and accept the fees that you will be charged for. All fees are in U.S. Dollars and are non-refundable unless otherwise specified in these Terms.

9. Price

We reserve the right to determine and change pricing for the service. We will continue to make reasonable efforts to keep up-to-date pricing information published on the Service. We encourage you to check our pricing page periodically to find current pricing information. We reserve the right to change the fees for any feature of the service, including additional fees or charges, so long as we give you advance notice of any changes before they are applied. We may make promotional offers with different features and pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

10. Subscription and Fees

If you subscribe to a paid version of the Service, you authorize us (or third-party payment processors) to charge your payment method for all fees on a recurring basis and then at the then-current rate, including applicable taxes, as long as your subscription remains active.

Subscriptions will automatically renew unless cancelled prior to the renewal date. No additional authorization will be required for future recurring charges.

You may be subject to temporary pre-authorization holds to validate your payment method. You can manage or cancel your subscription in your account settings or by contacting us. You are responsible for all charges incurred on your account.

Prices and billing terms are subject to change with prior notice. If we increase pricing for your active Plan, we will notify you at least ten (10) days in advance. Continued use of the Service after such notice will be deemed acceptance of the revised pricing.

You must provide a valid payment method to ensure it remains current and capable of being charged. We reserve the right to retry failed payments using updated billing credentials. If payments fail after multiple attempts, we may:

• Suspend or cancel access to the Service;
• Require immediate payment of overdue amounts;
• Use reasonable methods to collect unpaid balances.

Eatsly does not accept personal checks, money order, or payment via food assistance programs.

11. Cancellations, Refunds, and Promotions

You may cancel your subscription at any time by visiting your account settings or contacting us at our customer service email. Cancellations take effect at the end of the current billing cycle. You will not receive a refund for unused time within the billing period.

If you believe you were charged in error or did not receive expected access, you may request a refund by contacting our team within fourteen (14) days of the disputed charge. Refunds are not guaranteed and are issued at our sole discretion. Eatsly is not obligated to fulfill refund requests.

Free trials or promotional pricing may be offered for new users. These offers:

• Are limited to one per user unless otherwise noted;
• Convert to full Plan pricing at the end of the promotional period unless canceled;
• May be revoked in cases of abuse or fraud.

If you do not cancel during a trial period, your payment method will be charged automatically. You are responsible for monitoring trial expiration dates.

12. Gift Cards and Credits

Eatsly may offer digital gift cards or promotional credits that can be redeemed for subscription plans or services. Gift cards are non-refundable and not redeemable for cash, except where required by law. You must have an active Eatsly account to redeem any gift cards.

Gift cards purchased from Eatsly expire five (5) years from the date of issuance, unless otherwise required by applicable law. Promotional credits may have shorter expiration dates as disclosed at the time of issuance. Lost or stolen gift cards will not be replaced.

Gift cards and credits are non-transferable and may not be resold or exchanged. Eatsly reserves the right to cancel any gift card or credit if it believes the gift card was obtained fraudulently or used in violation of these Terms.

13. Acceptable Use Policy

You agree to use the Service solely for lawful, intended purposes that are in accordance with these Terms. You agree to not misuse the Service. Specifically, you will not:

• Interfere with or disrupt the operation of the Eatsly Offerings;
• Introduce malicious code, viruses, malware, or attempt unauthorized access to the Service;
• Disrupt or interfere with the security or performance of the Service;
• Use the Service for any unlawful purpose;
• Post or transmit false, misleading, defamatory or harmful content;
• Infringe on the intellectual property, privacy, or other rights of others;
• Harass, abuse, or threaten any other users;
• Use the Service for any commercial solicitation or unauthorized promotion.

You may not use Eatsly for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Eatsly application in any manner that could damage, disable, overburden, or impair the Eatsly application or interfere with any other party's use or enjoyment. You may not obtain or attempt to obtain any materials or information through any means not intentionally made or provided for through the Eatsly application. We reserve the right to monitor and remove content, restrict functionality, or terminate accounts at our sole discretion for violations of this policy.

14. User Responsibilities and Conduct

You are responsible for your conduct while using the Service. By creating an account and engaging with the platform, you agree to:

• Provide accurate, complete, and non-deceptive information at all times;
• Maintain the confidentiality of your login credentials;
• Avoid impersonating any person or entity or misrepresenting your affiliation with any individual or organization;
• Use the platform in a manner consistent with its intended purpose of allergen detection and community engagement.

You may not use another user's account or allow others to access your account. Repeated failure to adhere to these standards may result in suspension or permanent removal from the platform. You are also responsible for maintaining the confidentiality of your account. You are responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Please read Eatsly's Privacy Policy for more information.

15. Feedback

Any suggestions, ideas, or improvements you share with us regarding the Service will be considered non-confidential, and you hereby grant us an unrestricted, irrevocable, non-exclusive, royalty-free right and license to utilize such feedback for any purpose, including to improve the Service and create other products or services without attribution or compensation.

We are not responsible for the content you or others submit to the platform, and we may remove any content that violates these Terms or is otherwise objectionable in our sole discretion.

16. Intellectual Property Rights / Ownership; Proprietary Rights

The service is owned and operated by Eatsly. All intellectual property associated with the Service, including but not limited to the visual interfaces, graphics, design, compilation, information, data, computer code (whether source or object code), products, software, and services (collectively, the "Materials") are owned by Eatsly or its licensors and are protected by applicable laws.

You may not:

• Copy, modify, distribute, or publicly display any Materials without express written consent;
• Remove or alter any copyright, trademark, or proprietary notices;
• Use the Eatsly name, logo, or other branding elements without our prior written permission.

You are granted a limited, non-transferable, non-sublicensable, revocable license to use the Service for personal, non-commercial purposes only. No other license or right is granted to you besides any explicitly outlined here. You agree not to reproduce/duplicate, distribute, modify, or reverse-engineer any portion of the Service without express written permission.

17. Limited License

Subject to your complete and ongoing compliance with these Terms, Eatsly grants you, only for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Install and use one object code copy of any downloadable application we make available to you (including the right to install and use one object code copy of the mobile application associated with the Service on a mobile device that you own or control, and the right to install and use one object code copy of the browser extension associated with the service on a desktop computer you own or control);
• Access and use the Service.

18. License Restrictions

Except and only to the extent such a restriction is impermissible under applicable law, you may not:

• Reproduce, distribute, publicly display, publicly perform, or create derivative works of the service;
• Make modifications to the service;
• Interfere with or circumvent any feature of the service, including interfering with any security features or access control mechanism, disabling or circumventing features that prevent or limit use or copying of any Materials or other content, and reverse engineering or otherwise attempting to discover the source code of any portion of the service. If you are prohibited under applicable law from using the service, then you may not use it.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EATSLY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE EATSLY OFFERINGS.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE EATSLY OFFERINGS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20. Dispute Resolution and Arbitration

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.

You and Eatsly agree that any disputes related to the Eatsly Offerings or this Agreement shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

You agree to bring claims only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

If any claim proceeds in court rather than arbitration, both parties submit to the exclusive jurisdiction of state or federal courts located in Boston, Massachusetts.

If a dispute between you and Eatsly arises, we encourage you to contact us first to resolve the issue informally. If we are unable to reach a resolution, the dispute will be resolved through binding arbitration under the laws of the state of Massachusetts, excluding any conflict of law principles. You agree to waive your right to a trial by jury or to participate in class actions.

21. Indemnification

You agree to indemnify, defend, and hold harmless Eatsly from and against any claims, liabilities, damages, losses, and expenses — including legal fees — from your use of the Service, your violation of these Terms, or your misuse of allergen information.

22. Confidentiality Agreement

Any confidential information shared through the platform is intended to remain secure. We take reasonable precautions to protect your data but cannot guarantee absolute security. You are responsible for what you choose to share publicly. We do not share personally identifiable data with any third parties. We only save your data for the following purposes:

• For sign in purposes;
• If it was manually saved by you on your user profile to display to other members of the community;
• Statistics used to troubleshoot or improve the platform.

23. Consent

By using the service, you consent to these Terms and confirm that you have the authority to agree to them. If you are agreeing on behalf of a minor or an organization, you affirm that you have legal authority to do so. Upon accessing the Service, you give your complete consent to the entirety of these Terms.

24. Termination of Service

We may terminate or suspend your access to the service at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users or the platform. Upon termination, your rights to use the Service will cease immediately.

25. Modifications to Terms

Eatsly reserves the right to update these Terms from time to time, in our sole discretion, without specific notice to you. Any amendments to the Dispute Resolution provisions shall not apply retroactively to disputes that arose before the change. Any amendments to subscription pricing or billing terms shall not apply to charges incurred before such changes were made effective. If changes are material, we will notify you via email or through the app. Continued use of the service after the changes becomes effective means that you accept the new Terms.

The latest version of our Terms will always be posted to our Site and App. You are encouraged to review our Terms regularly to ensure familiarity with the most current version. Your continued use of the Eatsly Offerings following any changes to the Terms constitutes your acceptance and agreement of these changes.