PLATEPROFILE TERMS OF SERVICE
Version 1.0
Effective Date: July 19, 2026
Owner: PlateProfile Labs LLC
Venice, Florida, USA
These Terms of Service (“Terms”) constitute a legally binding agreement between PlateProfile Labs LLC (“PlateProfile,” “Company,” “we,” “our,” or “us”) and any individual or entity (“User,” “you,” or “your”) that accesses or uses the PlateProfile mobile application, website, web-based services, APIs, artificial intelligence systems, software, recommendation engine, subscription services, or any related products, features, content, or services (collectively, the “Services”). By downloading, installing, accessing, browsing, registering for an Account, purchasing a subscription, submitting information, or otherwise using any portion of the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and any additional policies, guidelines, or notices expressly incorporated by reference. If you do not agree to these Terms, you must immediately discontinue use of the Services and uninstall the PlateProfile application. Electronic acceptance of these Terms has the same legal force and effect as a handwritten signature and satisfies any applicable legal requirement that agreements be in writing. By continuing to access or use the Services after revisions become effective, you agree to the revised Terms to the extent permitted by applicable law and as described in Section 34 (Changes to These Terms).
For purposes of these Terms, the following definitions apply:
Account means a registered PlateProfile user account.
AI Output means any recommendation, meal suggestion, restaurant recommendation, grocery recommendation, ingredient substitution, nutritional information, ranking, explanation, score, prediction, generated content, or other output produced, assisted, or influenced by PlateProfile’s artificial intelligence systems.
AI Recommendation Engine means PlateProfile’s collection of proprietary software, algorithms, statistical models, Bayesian methodologies, machine learning systems, personalization logic, ranking models, recommendation methodologies, optimization techniques, and related technologies used to generate or improve recommendations.
Content means all text, graphics, images, recipes, meal cards, nutritional information, software, interfaces, layouts, databases, designs, documentation, videos, audio, trademarks, logos, and other materials made available through the Services.
Mobile Application means the PlateProfile application distributed through the Apple App Store, Google Play Store, or other authorized distribution platforms.
Personal Information means information relating to an identified or identifiable individual, as defined under applicable privacy laws.
Pantry Features means pantry inventory management, ingredient tracking, grocery management, food inventory, and related functionality.
Restaurant Mode means PlateProfile’s restaurant recommendation and dining assistance features.
Services means the Mobile Application, Website, APIs, AI Recommendation Engine, subscription services, Content, and all related products, software, features, and functionality provided by PlateProfile.
Subscription Services means paid products or premium functionality offered through PlateProfile, including the PlateProfile Plus subscription and any future subscription tiers.
Third-Party Services means external software, APIs, grocery providers, restaurant data providers, payment processors, cloud hosting providers, mapping providers, authentication providers, analytics providers, artificial intelligence providers, notification services, wearable integrations, or any other third-party products or services that integrate with or support the
Services.
User Content means any information submitted, uploaded, entered, transmitted, or otherwise provided by users, including dietary preferences, allergies, intolerances, nutrition goals, pantry information, grocery information, meal history, ratings, reviews, profile information, photographs, comments, and other submitted materials.
Website means any PlateProfile-owned website, web application, administrative portal, or online service operated by PlateProfile.
You must be at least thirteen (13) years of age, or the minimum legal age required in your jurisdiction, whichever is greater, to create an Account or use the Services.
If you have not reached the age of majority in your jurisdiction, you may use the Services only with the consent and ongoing supervision of a parent or legal guardian.
By accessing or using the Services, you represent and warrant that:
You are solely responsible for ensuring that your access to and use of the Services complies with the laws of the jurisdiction from which you access the Services.
PlateProfile reserves the right to refuse registration, suspend access, or terminate Accounts if
we reasonably believe these eligibility requirements are not satisfied.
PlateProfile is an artificial intelligence-assisted meal recommendation platform designed to help users make informed food and dining decisions by answering the practical question:
“What should I eat now?”
Depending upon the features available at the time of use, the Services may include:
The Services are continually evolving. PlateProfile may modify, improve, suspend, discontinue, replace, or introduce functionality at any time, with or without prior notice, except where notice is required by applicable law.
Future functionality may include integrations with grocery delivery providers, wearable devices, smart kitchen appliances, voice assistants, web-based dashboards, enterprise services, healthcare integrations where permitted by law, additional subscription offerings, and other technologies that enhance the user experience.
Nothing in these Terms obligates PlateProfile to continue offering any specific feature, functionality, integration, or subscription plan. Experimental Features. PlateProfile may from time to time offer features designated as “Beta,” “Preview,” “Experimental,” or “Early Access.” Such features may be modified, suspended, or discontinued at any time, may contain errors or incomplete functionality, and are provided without any warranties beyond those otherwise stated in these Terms.
PlateProfile utilizes proprietary artificial intelligence technologies to generate personalized recommendations intended to assist users in making meal, grocery, and dining decisions. Recommendations may consider numerous factors, including but not limited to:
Not every recommendation utilizes every available factor, and the relative importance assigned to individual factors may change over time.
The AI Recommendation Engine may evolve continuously as software, algorithms, statistical models, Bayesian methodologies, machine learning systems, personalization techniques, available data, user interactions, and system improvements develop. PlateProfile may modify, improve, replace, retrain, or discontinue components of the AI Recommendation Engine at any time without prior notice.
AI-generated recommendations are probabilistic rather than deterministic. They represent automated suggestions based on available information and should not be interpreted as guarantees, professional advice, or definitive conclusions.
Accordingly, PlateProfile does not guarantee that recommendations or AI Output will:
● satisfy every personal preference;
● accurately reflect changing dietary needs;
● avoid all allergens or ingredient sensitivities;
● reflect current restaurant menus or preparation methods;
● reflect current grocery inventory or product availability;
● achieve any particular health, nutritional, fitness, or weight-management outcome;
● produce consistent results over time; or
● remain unchanged as the AI Recommendation Engine evolves.
Certain AI-generated recommendations may rely upon complex statistical or machine learning processes that cannot always be fully explained, reconstructed, or interpreted. Users acknowledge that the AI Recommendation Engine may produce different recommendations under similar circumstances as models evolve and new information becomes available.
Users remain solely responsible for exercising independent judgment and for verifying any recommendation before relying upon it.
No Guaranteed Outcomes. The AI Recommendation Engine is designed to assist users in making food-related decisions but cannot guarantee any particular nutritional, health, fitness, weight-management, financial, or other outcome. Individual results will vary based on numerous factors outside PlateProfile’s control, including user behavior, changing dietary needs, food availability, restaurant practices, and information provided by the user.
Nothing in these Terms transfers ownership of PlateProfile’s underlying artificial intelligence models, algorithms, recommendation methodologies, prompts, datasets, scoring systems, weighting methodologies, or any other proprietary technology or intellectual property.
PlateProfile is a technology platform that provides AI-assisted meal, grocery, pantry, and restaurant recommendations. The Services are intended solely for informational and educational purposes and are not intended to diagnose, treat, cure, prevent, monitor, or manage any disease, medical condition, or nutritional deficiency.
PlateProfile is not:
● a physician;
● a registered dietitian;
● a nutritionist;
● a pharmacist;
● a healthcare provider;
● a medical device;
● an emergency medical service; or
● a substitute for professional medical judgment.
The Services do not provide medical diagnosis, treatment, individualized nutritional counseling, emergency response, or professional healthcare advice. PlateProfile does not monitor users in real time, cannot detect medical emergencies, and cannot intervene in situations involving allergic reactions, medical distress, or other health-related
events.
Always consult a qualified healthcare professional before making significant dietary, nutritional,
or lifestyle changes, particularly if you:
● have diabetes;
● have kidney disease;
● have cardiovascular disease;
● have gastrointestinal disorders;
● have food allergies or severe intolerances;
● are pregnant or nursing;
● have eating disorders;
● take medications affected by diet;
● have any chronic medical condition; or
● have been advised by a healthcare provider to follow a specific dietary plan.
Users remain solely responsible for verifying:
● ingredients;
● allergens;
● cross-contact risks;
● nutritional labels;
● serving sizes;
● restaurant preparation methods;
● food safety practices; and
● any other information relevant to their individual health or dietary needs.
In the event of a medical emergency, immediately contact 911 or your local emergency services. Do not rely on PlateProfile or any AI Output to obtain emergency assistance.
Nothing in the Services creates a physician-patient, dietitian-patient, fiduciary, or other professional relationship between PlateProfile and any user.
Certain features of the Services rely upon information provided by independent third parties, including restaurant data providers, grocery providers, retailers, mapping services, nutrition databases, manufacturers, distributors, and other external sources.
Restaurant menus, ingredients, preparation methods, allergen practices, nutritional information, pricing, operating hours, availability, grocery inventory, product descriptions, recipes, ingredient lists, and other information may change at any time without notice. PlateProfile does not own, operate, control, or independently verify third-party information and cannot guarantee its accuracy, completeness, timeliness, or availability.
Accordingly, PlateProfile does not warrant that third-party information will always be:
● accurate;
● complete;
● current;
● available;
● free from errors;
● free from omissions; or
● suitable for your individual dietary needs.
Restaurants and manufacturers may change recipes, substitute ingredients, modify preparation methods, discontinue products, or alter allergen handling practices without notice.
Users remain solely responsible for confirming ingredient information, allergen safety, nutritional content, pricing, product availability, and preparation methods directly with the applicable restaurant, retailer, grocery provider, or manufacturer before purchasing or consuming any food.
Reference to any restaurant, retailer, grocery provider, manufacturer, brand, or product does not constitute an endorsement, partnership, sponsorship, certification, or recommendation unless expressly stated by PlateProfile.
PlateProfile is not responsible for errors, omissions, delays, interruptions, or inaccuracies originating from third-party providers.
Certain features of the Services require the creation of a registered Account.You agree to:
● provide accurate, complete, and current registration information;
● maintain accurate allergy, dietary, and profile information;
● maintain a valid email address capable of receiving legal and security notices;
● promptly update information whenever it changes;
● maintain the confidentiality of your username, password, and authentication credentials;
● use reasonable measures to protect your Account from unauthorized access; and
● immediately notify PlateProfile of any suspected unauthorized use or security breach
involving your Account.
You remain responsible for all activities conducted through your Account unless such activity results directly from PlateProfile’s failure to implement commercially reasonable security
safeguards.
PlateProfile may require reasonable identity verification before processing requests involving:
● account deletion;
● ownership disputes;
● recovery of account access;
● changes involving sensitive personal information; or
● other requests affecting account security.
We reserve the right to suspend, restrict, or terminate Accounts that contain materially inaccurate information, violate these Terms, present security risks, or are reasonably suspected of fraudulent, abusive, or unlawful activity.
You agree to use the Services only for lawful purposes and in accordance with these Terms.
You may not:
● violate any applicable law or regulation;
● infringe the intellectual property rights of others;
● impersonate another individual or entity;
● upload malware, viruses, or malicious code;
● interfere with the operation, availability, or security of the Services;
● reverse engineer, decompile, disassemble, or attempt to discover source code except where expressly permitted by law;
● bypass, disable, or circumvent security measures;
● scrape, harvest, copy, or systematically extract data from the Services;
● use automated tools to create Accounts or submit requests at abnormal volumes;
● perform credential stuffing, brute-force attacks, or other unauthorized authentication attempts;
● manipulate or intentionally distort recommendation quality;
● attempt to discover or replicate PlateProfile’s proprietary recommendation methodologies, ranking systems, Bayesian models, machine learning systems, personalization logic, prompts, datasets, or AI technologies;
● use AI Output or data obtained through the Services to train, improve, or develop competing artificial intelligence systems, recommendation engines, or commercial products without PlateProfile’s prior written permission;
● benchmark or analyze the Services for the purpose of creating competing products;
● submit unlawful, defamatory, fraudulent, abusive, or harmful content; or
● use the Services in any manner that could impair, damage, or overburden PlateProfile or other users.
Violation of this Section may result in suspension or permanent termination of your Account, in addition to any other remedies available under applicable law.
Users who discover a suspected security vulnerability are encouraged to report it promptly to PlateProfile at support@plateprofile.com. Users agree not to exploit, publicly disclose, or misuse any vulnerability in a manner that could compromise the Services, PlateProfile, or other users. Security Measures. You may not attempt to disable, test, circumvent, probe, scan, or otherwise evaluate the security of the Services except through methods expressly authorized in writing by PlateProfile. Nothing in these Terms authorizes penetration testing, vulnerability scanning, reverse engineering, or security research without PlateProfile’s prior written consent.
Certain features of the Services are available only through paid subscriptions or premium offerings.
Subscription purchases made through the Apple App Store, Google Play, or other authorized marketplaces are governed by the billing, renewal, cancellation, refund, payment, and subscription management policies of the applicable marketplace.
Unless canceled before the applicable renewal date, subscriptions automatically renew for successive billing periods in accordance with the terms disclosed at the time of purchase.
Deleting the PlateProfile application or deleting your Account does not automatically cancel a subscription purchased through an application marketplace. Marketplace subscriptions must be canceled directly through the applicable platform.
Subscription pricing, features, benefits, availability, promotional offers, introductory pricing, free trials, regional pricing, taxes, and subscription tiers may vary by jurisdiction, marketplace, platform, or version of the Services.
Unless otherwise disclosed at the time of purchase, promotional offers and free trials may automatically convert into paid subscriptions if not canceled before the trial period ends in accordance with the applicable marketplace’s policies.
PlateProfile reserves the right to modify subscription pricing, benefits, features, eligibility requirements, or available subscription plans on a prospective basis. Where required by applicable law or marketplace rules, reasonable advance notice will be provided before material changes become effective.
No refund or credit is available except as required by applicable law or the policies of the marketplace through which the subscription was purchased.
Your privacy is important to PlateProfile. Our collection, use, storage, disclosure, protection, and processing of Personal Information are governed by our Privacy Policy, which is incorporated into these Terms by reference and forms part of this Agreement. To provide and improve the Services, PlateProfile may collect, process, store, generate, or
derive information including, but not limited to:
● Account information;
● Profile information;
● Dietary preferences;
● Allergies and intolerances;
● Nutrition goals;
● Meal history;
● Restaurant selections;
● Grocery information;
● Pantry information;
● Ingredient preferences;
● Subscription status;
● Device information;
● Operating system information;
● Log files;
● Usage analytics;
● Crash reports;
● Diagnostic information;
● Approximate or precise location information (when authorized by you);
● AI interaction history;
● Customer support communications; and
● Other information reasonably necessary to operate, secure, improve, personalize, or develop the Services.
Certain information—including dietary preferences, allergies, intolerances, nutrition goals, food selections, and similar information—may constitute sensitive personal information or consumer health data under applicable law.
Such information is processed only for legitimate business purposes, including:
● providing personalized recommendations;
● improving the AI Recommendation Engine;
● maintaining account functionality;
● protecting users;
● detecting fraud and abuse;
● complying with legal obligations; and
● other purposes described in our Privacy Policy or authorized by applicable law.
PlateProfile implements commercially reasonable administrative, technical, and organizational safeguards designed to protect Personal Information. However, no security system is completely secure, and PlateProfile cannot guarantee absolute security.
By using the Services, you acknowledge that your information may be processed in accordance with our Privacy Policy.
You retain ownership of the User Content you submit through the Services.
By submitting User Content, you grant PlateProfile a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, adapt, analyze, process, display, distribute, transmit, and otherwise use such User Content solely as reasonably necessary to:
● operate the Services;
● provide recommendations;
● personalize user experiences;
● improve the AI Recommendation Engine;
● maintain security;
● prevent fraud;
● perform analytics;
● conduct research;
● comply with legal obligations; and
● develop future PlateProfile products and features.
This license continues until your User Content is permanently removed from PlateProfile’s active systems, except where continued retention is:
● required by law;
● reasonably necessary for litigation;
● necessary for dispute resolution;
● necessary for fraud prevention;
● required for backup restoration;
● required for security investigations; or
● otherwise permitted by applicable law.
You represent and warrant that:
● you own or have sufficient rights to submit your User Content;
● your User Content does not violate applicable law;
● your User Content does not infringe the rights of any third party;
● your User Content is accurate to the best of your knowledge.
PlateProfile has no obligation to monitor User Content but reserves the right to remove, restrict, edit, or refuse any User Content that violates these Terms, applicable law, or the safety and integrity of the Services. Nothing in this Section transfers ownership of your User Content to PlateProfile.
PlateProfile welcomes ideas, comments, feature requests, bug reports, designs, improvements, suggestions, and other feedback regarding the Services. If you voluntarily submit Feedback, you agree that:
● PlateProfile may use, reproduce, modify, distribute, commercialize, publish, implement,
display, and incorporate the Feedback into current or future products or services;
● PlateProfile owes you no compensation, royalties, or other payment;
● no confidential, fiduciary, employment, agency, partnership, or joint venture relationship
is created;
● PlateProfile has no obligation to review or implement your Feedback.
You acknowledge that similar ideas may already exist or may later be independently developed by PlateProfile or others.
This Section applies only to Feedback voluntarily submitted to PlateProfile and does not affect ownership of your User Content.
You may request deletion of your PlateProfile Account at any time through the methods made available within the Services or by contacting PlateProfile.
For security purposes, PlateProfile may require reasonable identity verification before processing deletion requests.
Once a verified deletion request is received:
● your Account will be scheduled for deletion;
● access to the Services may immediately terminate;
● Personal Information will begin removal from active production systems as soon as reasonably practicable.
● Unless a longer retention period is required or permitted by law, PlateProfile generally intends to:
● begin processing verified deletion requests promptly;
● remove Personal Information from active production systems within approximately forty-five (45) days; and
● remove or overwrite Personal Information retained solely within backup systems within approximately one hundred eighty (180) days.
Certain information may be retained for longer periods where reasonably necessary for:
● legal compliance;
● tax obligations;
● accounting;
● fraud prevention;
● abuse prevention;
● security investigations;
● dispute resolution;
● enforcement of these Terms;
● backup restoration;
● protection of PlateProfile or other users; or
● other legitimate business purposes permitted by applicable law.
Deletion of your PlateProfile Account does not automatically cancel subscriptions purchased through Apple App Store, Google Play, or other authorized marketplaces. Aggregated, anonymized, statistical, or de-identified information that cannot reasonably identify an individual may continue to be retained and used for analytics, research, product development, AI training, security, and business operations to the extent permitted by applicable law.
The Services and all related intellectual property are owned by PlateProfile Labs LLC or its licensors and are protected by United States and international intellectual property laws.
Protected intellectual property includes, without limitation:
● software;
● source code;
● object code;
● APIs;
● databases;
● interfaces;
● layouts;
● designs;
● graphics;
● trademarks;
● service marks;
● logos;
● branding;
● documentation;
● recipes created by PlateProfile;
● recommendation methodologies;
● personalization methodologies;
● Bayesian models;
● statistical models;
● machine learning systems;
● artificial intelligence models;
● prompts;
● prompt engineering;
● scoring methodologies;
● weighting systems;
● optimization techniques;
● datasets;
● proprietary taxonomies;
● business methods;
● workflows;
● know-how;
● trade secrets; and
● all related intellectual property embodied within or supporting the Services.
Subject only to the limited license expressly granted by these Terms, no ownership rights are transferred to you. Reservation of Rights. Except for the limited rights expressly granted under these Terms, PlateProfile reserves all right, title, and interest in and to the Services and all associated intellectual property. No rights are granted by implication, estoppel, or otherwise.
Ownership of AI Technologies and AI Output. AI Output is generated through PlateProfile’s proprietary technologies. While you may use AI Output for your personal, non-commercial use of the Services, nothing in these Terms transfers ownership of PlateProfile’s underlying artificial intelligence models, recommendation methodologies, Bayesian systems, prompts, datasets,
personalization logic, scoring methodologies, weighting systems, or other proprietary
technologies.
Except as expressly permitted by applicable law or with PlateProfile’s prior written consent, you
may not:
● copy;
● reproduce;
● distribute;
● publish;
● display;
● modify;
● adapt;
● create derivative works;
● reverse engineer;
● decompile;
● disassemble;
● lease;
● license;
● sublicense;
● sell;
● commercialize;
● scrape;
● extract;
● mine;
● train competing AI systems using;
● or otherwise exploit
any portion of the Services or PlateProfile’s proprietary technology.
Nothing in these Terms grants any implied license to PlateProfile’s intellectual property. All rights not expressly granted to you are reserved by PlateProfile. Any unauthorized use may result in suspension of your Account, termination of these Terms,
and any legal remedies available under applicable law.
The Services may integrate with or rely upon Third-Party Services to provide certain functionality. These Third-Party Services may include, without limitation:
● grocery providers;
● restaurant information providers;
● nutrition databases;
● payment processors;
● cloud hosting providers;
● artificial intelligence providers;
● authentication providers;
● mapping and geolocation providers;
● analytics providers;
● notification and messaging services;
● wearable device integrations;
● voice assistant integrations;
● identity verification providers; and
● other third-party software, APIs, platforms, or data sources.
PlateProfile does not own, operate, or control Third-Party Services and is not responsible for their:
● availability;
● accuracy;
● completeness;
● reliability;
● performance;
● security;
● privacy practices;
● pricing;
● content;
● functionality; or
● continued operation.
Third-Party Services may change, discontinue, suspend, or modify their products, APIs, pricing, or terms at any time without notice.
If a Third-Party Service becomes unavailable, PlateProfile may suspend or discontinue related
functionality without liability to you. Your use of Third-Party Services may be governed by separate agreements, licenses, privacy policies, or terms established by the applicable third party. PlateProfile is not responsible for your relationship with any Third-Party Service provider.
Links to or references regarding Third-Party Services are provided solely for user convenience and do not constitute endorsement, sponsorship, certification, partnership, or recommendation unless expressly stated.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. PLATEPROFILE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF:
● MERCHANTABILITY;
● FITNESS FOR A PARTICULAR PURPOSE;
● TITLE;
● NON-INFRINGEMENT;
● ACCURACY;
● RELIABILITY;
● SECURITY;
● AVAILABILITY;
● COMPATIBILITY;
● QUIET ENJOYMENT; AND
● UNINTERRUPTED OR ERROR-FREE OPERATION.
WITHOUT LIMITING THE FOREGOING, PLATEPROFILE DOES NOT WARRANT THAT:
● recommendations will satisfy every personal preference;
● AI Output will always be accurate or complete;
● restaurant or grocery information will remain current;
● nutritional information will always be accurate;
● allergens will always be correctly identified;
● services will be uninterrupted or continuously available;
● defects or errors will always be corrected;
● recommendations will achieve any health, fitness, nutritional, financial, or other desired
outcome;
● the Services will be compatible with every device or operating system; or
● the Services will always be free from viruses, malware, or other harmful components
despite commercially reasonable security efforts.
No oral or written advice provided by PlateProfile creates any warranty unless expressly stated in writing and signed by an authorized officer of PlateProfile.
Some jurisdictions do not allow exclusion of certain warranties. In those jurisdictions, the above exclusions apply only to the maximum extent permitted by applicable law. You acknowledge that you are not relying upon any representation, warranty, recommendation, prediction, AI Output, statement, or communication except as expressly set forth in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLATEPROFILE LABS LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AFFILIATES, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, AND BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY:
● INDIRECT DAMAGES;
● INCIDENTAL DAMAGES;
● SPECIAL DAMAGES;
● CONSEQUENTIAL DAMAGES;
● EXEMPLARY DAMAGES;
● PUNITIVE DAMAGES;
● LOSS OF PROFITS;
● LOSS OF REVENUE;
● LOSS OF BUSINESS OPPORTUNITIES;
● LOSS OF DATA;
● LOSS OF GOODWILL;
● BUSINESS INTERRUPTION; OR
● OTHER INTANGIBLE LOSSES
ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLATEPROFILE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:
● ONE HUNDRED UNITED STATES DOLLARS (US $100); OR
● THE TOTAL AMOUNT PAID BY YOU DIRECTLY TO PLATEPROFILE FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms limits liability that cannot legally be excluded or limited under applicable
law.
The limitations and exclusions in this Section are fundamental elements of the agreement between the parties and apply even if any limited remedy fails of its essential purpose.
You acknowledge that the pricing of the Services reflects this allocation of risk and that PlateProfile would not provide the Services on the same terms without these limitations.
You agree to defend, indemnify, and hold harmless PlateProfile Labs LLC and its owners, members, officers, directors, employees, contractors, licensors, affiliates, successors, assigns, service providers, and agents from and against any claims, demands, actions, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses (including
reasonable attorneys’ fees) arising out of or relating to:
● your violation of these Terms;
● your misuse of the Services;
● your User Content;
● your violation of applicable law;
● your infringement or alleged infringement of the rights of any third party;
● your negligent or intentional misconduct;
● your unauthorized use of another person’s Account; or
● your use of the Services in a manner not authorized by these Terms.
PlateProfile reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification. You agree to cooperate fully in the defense of any such claim.
You may not settle any claim subject to this Section without PlateProfile’s prior written consent if the settlement imposes obligations on PlateProfile or admits fault on PlateProfile’s behalf.
PlateProfile may suspend, restrict, disable, or terminate all or part of the Services or your Account immediately, with or without prior notice, if we reasonably determine that:
● you have violated these Terms;
● your continued access presents a security, legal, or operational risk;
● fraudulent, deceptive, abusive, or unlawful activity has occurred or is reasonably suspected;
● necessary to protect PlateProfile, its users, or third parties;
● required by law, court order, governmental authority, or regulatory agency;
● a Third-Party Service necessary for operation becomes unavailable; or
● continued operation of the Services is no longer commercially reasonable. Upon suspension or termination:
● your license to use the Services immediately ends;
● your access to subscription features may cease, subject to applicable law and marketplace rules;
● your right to access AI-generated content, saved information, or account functionality may be discontinued, except as required by law;
● PlateProfile may retain information in accordance with these Terms and the Privacy Policy; and
● The following provisions, together with any other provisions that by their nature should survive termination—including intellectual property rights, licenses, disclaimers, limitations of liability, indemnification, payment obligations, dispute resolution, governing law, confidentiality obligations, and accrued rights—shall survive termination. Termination of your Account does not relieve you of obligations incurred before termination.
If you are a California resident, you may have certain rights under the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), and other applicable California privacy laws.
Subject to applicable law, you may have the right to:
● know the categories of Personal Information we collect;
● know the categories of sources from which Personal Information is collected;
● know the business or commercial purposes for collecting, using, disclosing, or processing Personal Information;
● know the categories of third parties with whom Personal Information is shared or disclosed;
● request access to the Personal Information we maintain about you;
● request correction of inaccurate Personal Information;
● request deletion of Personal Information, subject to applicable legal exceptions;
● obtain a portable copy of certain Personal Information;
● limit the use or disclosure of Sensitive Personal Information where required by law; and
● exercise your privacy rights without unlawful discrimination or retaliation.
Requests may be submitted using the methods described in our Privacy Policy. PlateProfile will respond to verified requests within the time periods required by applicable law. PlateProfile does not sell or share Personal Information for cross-context behavioral advertising as those terms are defined under California law unless expressly disclosed in our Privacy Policy. Should our practices materially change, we will provide any notices and choices required by applicable law before implementing those changes.
Nothing in this Section limits any additional rights provided under California law.
If you are a Washington resident, certain information collected through the Services—including dietary preferences, allergies, intolerances, nutrition goals, food selections, health-related meal history, and similar information—may constitute Consumer Health Data under the Washington My Health My Data Act (“MHMDA”) or other applicable law.
Where applicable, you may have the right to:
● confirm whether Consumer Health Data is collected;
● access Consumer Health Data maintained by PlateProfile;
● request deletion of Consumer Health Data;
● withdraw consent where processing is based upon consent;
● appeal certain decisions where required by law; and
● exercise any additional rights granted by applicable Washington law.
PlateProfile processes Consumer Health Data only for purposes described in these Terms and our Privacy Policy, including:
● providing personalized recommendations;
● operating and improving the Services;
● maintaining account functionality;
● protecting users;
● detecting fraud;
● complying with legal obligations; and
● other lawful purposes.
Additional information regarding our collection, use, disclosure, retention, and protection of Consumer Health Data is available in our Privacy Policy and our Washington Consumer Health Data Notice.
The Services are not directed to children under thirteen (13) years of age or any higher minimum age required by applicable law.
PlateProfile does not knowingly collect Personal Information from children who are prohibited from using the Services without legally required authorization.
If PlateProfile becomes aware that Personal Information has been collected from a child in violation of applicable law, we will take reasonable steps to investigate and, where appropriate, delete such information as soon as reasonably practicable.
Parents or legal guardians who believe that a child has provided Personal Information through the Services may contact PlateProfile using the contact information provided in these Terms.
Nothing in this Section limits any additional protections afforded to children under applicable privacy laws.
PlateProfile is committed to making the Services reasonably accessible to the broadest practical range of users.
We continually evaluate opportunities to improve accessibility and consider generally recognized accessibility principles, including applicable portions of the Web Content Accessibility Guidelines (WCAG), where appropriate for the Services.
Accessibility is an ongoing process. As technologies, platforms, devices, and user needs evolve, PlateProfile may update accessibility features from time to time.
Although we strive to improve accessibility, we do not warrant that every feature will beaccessible under every circumstance, on every device, or for every user.
Users who encounter accessibility barriers are encouraged to contact PlateProfile. We will make commercially reasonable efforts to evaluate reported concerns and consider appropriate improvements.
You agree to comply with all applicable export control, economic sanctions, import, trade, and anti-boycott laws and regulations governing your use of the Services.
By using the Services, you represent and warrant that:
● you are not located in, ordinarily resident in, or accessing the Services from a jurisdiction where such access is prohibited by applicable law;
● you are not identified on any applicable government restricted-party or sanctions list that would prohibit your use of the Services;
● you will not use the Services in violation of applicable export control or sanctions laws;
and
● you will not export, re-export, transfer, or make available the Services except as permitted by applicable law.
PlateProfile reserves the right to suspend or terminate access where reasonably necessary to comply with export control laws, sanctions programs, governmental directives, or other legal obligations.
Nothing in this Section requires PlateProfile to provide the Services where doing so would violate applicable law.
By creating an Account, accessing the Services, or otherwise communicating with PlateProfile electronically, you consent to receive communications from PlateProfile in electronic form to the extent permitted by applicable law.
Electronic communications may include:
● account notifications;
● authentication and security alerts;
● password reset instructions;
● subscription and billing information;
● receipts and purchase confirmations;
● customer support communications;
● legal notices;
● privacy notices;
● updates to these Terms or other policies;
● feature announcements;
● operational messages;
● service interruptions;
● maintenance notifications; and
● other communications relating to the Services.
You agree that electronic communications satisfy any legal requirement that communications be provided in writing.
You are responsible for maintaining a valid email address and ensuring that your email account and device settings permit receipt of PlateProfile communications.
Failure to receive communications because of outdated contact information, spam filtering, mailbox limitations, or other circumstances within your control does not invalidate communications that PlateProfile has reasonably transmitted.
Where required by applicable law, you may withdraw consent to receive certain non-essential communications; however, PlateProfile may continue to send communications necessary to administer your Account, provide the Services, protect security, or comply with legal obligations.
PlateProfile respects the intellectual property rights of others and expects users to do the same. If you believe that material available through the Services infringes your copyright or other intellectual property rights, you may submit a written notice containing substantially the following information:
● identification of the copyrighted or protected work;
● identification of the allegedly infringing material;
● information reasonably sufficient for PlateProfile to locate the material;
● your name, address, telephone number, and email address;
● a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
● a statement, made under penalty of perjury where applicable, that the information provided is accurate and that you are authorized to act on behalf of the rights holder; and
● your physical or electronic signature.
Upon receipt of a substantially compliant notice, PlateProfile may investigate the claim and take appropriate action, including removing or disabling access to the allegedly infringing material where warranted.
Where applicable law provides an opportunity to submit a counter-notification,
PlateProfile may restore removed material if a legally sufficient counter-notification is received and no legal action
is timely initiated.
Knowingly submitting false, misleading, or fraudulent intellectual property claims may result in legal liability.
PlateProfile reserves the right to terminate Accounts of repeat intellectual property infringers
where appropriate.
PlateProfile values the prompt and fair resolution of disputes.
Before initiating formal legal proceedings, both parties agree to make a good-faith effort to resolve any dispute informally.
A party seeking informal resolution should provide written notice describing:
● the nature of the dispute;
● the facts giving rise to the dispute;
● the requested resolution; and
● any information reasonably necessary to evaluate the matter.
Unless emergency injunctive relief is necessary, the parties agree to attempt informal resolution for at least thirty (30) days before commencing litigation.
Nothing in this Section prevents either party from seeking temporary restraining orders, preliminary injunctions, or other equitable relief where necessary to prevent immediate or irreparable harm.
If informal resolution is unsuccessful, disputes shall be resolved as provided in Section 29 (Governing Law & Venue), unless applicable law requires otherwise.
These Terms and any dispute arising out of or relating to the Services shall be governed by the laws of the State of Florida, without regard to its conflict-of-law principles.
Unless applicable law requires otherwise, any legal action arising from or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Sarasota County, Florida.
Each party irrevocably consents to the personal jurisdiction and venue of those courts and waives any objection based upon inconvenient forum or similar doctrine to the extent permitted by law.
Nothing in these Terms limits PlateProfile’s right to seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, security, or other legal rights.
PlateProfile shall not be liable for any delay, interruption, degradation, or failure to perform resulting from causes beyond its reasonable control, including, without limitation:
● acts of God;
● natural disasters;
● fire;
● flood;
● severe weather;
● earthquakes;
● epidemics or pandemics;
● war;
● terrorism;
● civil unrest;
● labor disputes;
● governmental actions;
● court orders;
● changes in law;
● power outages;
● internet outages;
● telecommunications failures;
● cloud service interruptions;
● cyberattacks;
● denial-of-service attacks;
● failures of Third-Party Services; or
● other events beyond PlateProfile’s reasonable control.
During any Force Majeure event, PlateProfile’s obligations shall be suspended to the extent reasonably necessary.
PlateProfile will make commercially reasonable efforts to resume normal operation as soon as practicable after the Force Majeure event has ended.
No Force Majeure event shall excuse payment obligations that accrued before the event unless otherwise required by applicable law.
You may not assign, delegate, transfer, sublicense, or otherwise convey any of your rights or obligations under these Terms without the prior written consent of PlateProfile.
Any attempted assignment in violation of this Section shall be null and void to the fullest extent permitted by applicable law.
PlateProfile may assign, transfer, delegate, or otherwise convey these Terms, in whole or in part, without your consent in connection with:
● a merger;
● acquisition;
● sale of assets;
● stock sale;
● corporate restructuring;
● financing transaction;
● bankruptcy or insolvency proceeding;
● internal corporate reorganization;
● formation of subsidiaries or affiliates; or
● any other business transaction involving all or substantially all of PlateProfile’s business or assets.
These Terms shall be binding upon and shall inure to the benefit of the parties and their respective permitted successors and assigns.
Nothing in this Section limits any rights that cannot legally be assigned under applicable law.
If any provision of these Terms is held to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be interpreted, modified, or limited only to the minimum extent necessary to make it enforceable while preserving its original intent whenever reasonably possible.
If modification is not legally permissible, the invalid provision shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
The remaining provisions shall continue in full force and effect as though the invalid provision had never been included.
Nothing in this Section prevents a court from enforcing any lawful portion of an otherwise unenforceable provision where permitted by applicable law.
These Terms, together with the Privacy Policy, Consumer Health Data Notice, Community Guidelines (if applicable), subscription terms presented at the time of purchase, and any additional policies expressly incorporated by reference, constitute the complete and exclusive agreement between you and PlateProfile regarding the Services. In the event of any conflict between these Terms and any other PlateProfile policy or document incorporated by reference, these Terms shall control unless the other document expressly states that it supersedes these Terms with respect to the specific subject matter addressed.
These Terms supersede all prior or contemporaneous:
● agreements;
● negotiations;
● proposals;
● representations;
● communications;
● understandings; and
● discussions,
whether oral, written, electronic, or otherwise, relating to the Services. No waiver of any provision of these Terms shall be effective unless made in writing by an authorized representative of PlateProfile.
A failure or delay by PlateProfile to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other rights available under these Terms or applicable law.
Headings are included solely for convenience and shall not affect the interpretation of these Terms.
PlateProfile may update, modify, revise, supplement, or replace these Terms from time to time to reflect:
● changes in applicable law;
● regulatory requirements;
● judicial decisions;
● security improvements;
● operational changes;
● technological developments;
● new products or features;
● changes to subscription offerings;
● business practices; or
● other legitimate business needs.
When required by applicable law, PlateProfile will provide reasonable notice of material changes through one or more of the following methods:
● in-app notification;
● email;
● publication within the Services;
● updates on the PlateProfile Website; or
● other reasonable means.
The Effective Date appearing at the beginning of these Terms indicates the date on which the most recent revision became effective.
Except where applicable law requires additional consent, your continued access to or use of the Services after revised Terms become effective constitutes your acceptance of the updated Terms.
If you do not agree to revised Terms, you must discontinue use of the Services and, if applicable, cancel your Account and any subscriptions.
Questions regarding these Terms, the Services, privacy practices, intellectual property matters, accessibility, or other legal issues may be directed to PlateProfile using the contact information below.
PlateProfile Labs LLC
Venice, Florida, USA
General Support: support@plateprofile.com
Legal Notices: support@plateprofile.com
General customer support requests may also be submitted through the PlateProfile application or any other support methods made available through the Services.
Legal notices should contain sufficient information to allow PlateProfile to identify the sender, understand the nature of the request, and respond appropriately.
PlateProfile may update its contact information from time to time. The most current contact information will be published within the Services or on the PlateProfile Website.
