Terms and Conditions of Use

Effective Date: January 1, 2025

Please read carefully the following Terms and Conditions of Use (the “Terms”), and those set forth in the Privacy Policy. These Terms apply to and govern your use of the Plate Partner website https://platepartner.wixsite.com/platepartner (the “Site”) and mobile application (the “App”), which we collectively refer to in these Terms as the “Services”. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

User Accounts and Use of the Services

The Services are not intended for use by anyone under the age of 18. No individual under the age of 18 may use the Services or provide any Personal Data (as that term is defined in the Privacy Policy) to us.

The Services are also not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

You may need to register for a Plate Partner account to access or use the Services. You acknowledge and agree that you may only create one account per user, and that you will only use the account for the intended purposes of the Services and abide by permitted use as described in these Terms.

When you create an account, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify us by email at plate.partner.dev@gmail.com right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your account.

You understand, acknowledge and agree that we have the right, but not the obligation, to monitor your account for any reason. You also understand and agree that we may (1) remove or edit any data that is, in our sole discretion, in violation of these Terms or the spirit thereof, (2) disclose data in accordance to our Privacy Policy in response to requests by law enforcement or other government agencies, (3) deactivate, terminate, or suspend your account or access to the Services at any time.

We may provide updates for certain Services as and when we see fit, and their form and functionality may change without prior notice to you. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

Ownership and Use of Content

Definitions

For purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, software, scripts, executable files, graphics, geo-data, workouts and workout data, biometric data and data elements derived therefrom, meal, or fitness training plans, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “Plate Partner Content” means all Content that is not User-Generated Content.

Ownership

Plate Partner Content

All Plate Partner Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to Plate Partner and/or its partners or applicable third parties. Except as expressly provided in the Terms, nothing grants you a right or license to use any Plate Partner Content, including any content owned or controlled by any of our partners or other third parties.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, and limited license to access and use the Services for your own personal, non-commercial purposes provided that you do not (and do not allow any third party to) duplicate, publish, display, distribute, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the Services. You also shall not download, copy, or save Plate Partner Content for commercial purposes or personal gain.

User-Generated Content

Each user retains ownership, responsibility for, and/or other applicable rights of the User-Generated Content that he/she creates, but grants a license of that User Generated Content to Plate Partner as explained below.

When you provide User-Generated Content to Plate Partner through the Services, you grant us and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) we have no obligation to provide you with any credit when using your User-Generated Content, but if we choose to provide you with credit, the size and placement of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.

The rights you grant in this license are for the limited purposes of allowing Plate Partner to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services. Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with our Privacy Policy.

You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant Plate Partner the foregoing license for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.

Permitted Use and Content

You agree that you are solely responsible for all User-Generated Content that you submit, post, or display on or through the Service. You agree any of your User-Generated Content:

is owned and created by you or you have the legal right to use it and the ability to grant us the rights and license as provided in these Terms;
does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity;
does not glorify or promote unhealthy dietary behaviors, eating disorders, extreme or excessive exercise, the use or abuse of dietary supplements, injections, or other medical procedures;
does not falsely or incorrectly claim that you are or any other person is a medical professional, or falsely state or otherwise misrepresent your or another person's affiliation with a medical or educational entity or facility; and
is not and does contain unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable

We have the right, but not the obligation, to monitor and review all User-Generated Content. We have the right, in our sole discretion, to remove or refuse to post any User-Generated Content for any reason.

Reporting Objectionable Content

If you believe any Content submitted to our Services violates these Terms, please report it to plate.partner.dev@gmail.com. We have the right, but not the obligation, to review and take action or remove any Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User-Generated Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User-Generated Content.

We are not responsible or liable for any injury or harm to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Terms.

Disclaimer

You agree, represent and warrant that you have consulted with your physician before making any fitness or dietary changes based upon information available through the Services.

You expressly agree that your athletic activities, which may generate the User-Generated Content you post or seek to post on or via the Services (e.g., workouts exercises, etc.) carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injury, illness, or damages sustained from your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services even if caused in whole or part by the action, inaction or negligence of Plate Partner or others.

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.

Plate Partner does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients it presents as Content; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. To the extent permitted by applicable law, under no circumstances will Plate Partner be responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring any nutritional information in the Content is accurate, complete and useful.

Any and all services provided by, in and/or through the Services (including but not limited to Content) are for informational purposes only. Plate Partner is not a medical professional, and Plate Partner does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness. Your use of the services does not create a doctor-patient relationship between you and Plate Partner.

EXCEPT WHERE PROHIBITED BY LAW, PLATE PARTNER EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to any Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Plate Partner, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or Content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content or Third-party Products accessed or used via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Plate Partner has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Plate Partner, for any claim under these Terms, including for any implied warranties, is limited to the amount you paid us to use the applicable Service(s) in the past twelve months.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services, (b) the use, disclosure, display, or maintenance of a user’s Personal Data, (c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold Plate Partner, its affiliates and partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, (c) your activities in connection with the Services, (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any user’s Personal Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another user in person. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in California and conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Any claim or cause of action you or may have arising out of, relating to, or resulting from these Terms or Services must be commenced within one year after the cause of action accrues. Otherwise, such claim or cause of action is waived and permanently barred.

General

These Terms may be amended or modified by Plate Partner from time to time. Any changes to these Terms will be effective immediately upon posting on the Service. Your continued use of the Service after any changes to these Terms will constitute your acceptance of those changes.

These Terms are governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws provisions.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect.

These Terms constitute the entire agreement between you and Plate Partner with respect to the Service and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Termination

We may terminate these Terms, your account, or any use of or access to the Services at any time for any reason, with or without cause. We specifically reserve the right to terminate these Terms if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Plate Partner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account, you may also terminate these Terms at any time by contacting us at plate.partner.dev@gmail.com and requesting termination. Upon the termination of these Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect, including, but not limited to Indemnification, Limitation of Liability, Arbitration, and Disclaimers of Warranties.

Upon termination, your right to use the Services is automatically revoked, and your account will be closed. As a result of account closure and your termination of these Terms, YOU MUST NOT ACCESS THE SITE OR SERVICES.

Except as otherwise required by law, if your account is closed for any reason, you will no longer have access to User-Generated Content you keep on the Services and that any closure of your account may involve deletion of any User-Generated Content stored in your account, for which we have no liability whatsoever. We, in our sole discretion and as permitted or required by law, may retain some or all of your account information.

Contact Us

If you have any feedback, questions or comments about these Terms or the Services, please contact us at plate.partner.dev@gmail.com.