PocketPlate Terms of Service

1. Definitions

"Company," "we," "us," or "our" means [POCKETPLATE LLC], a [STATE] limited liability company, [ADDRESS]. "Service" means the PocketPlate iOS and Android apps, pocketplate.app website, and all features, AI tools, and content. "User Content" means images, photos, text, voice recordings, or other content you submit. "Plus Plan" means the paid PocketPlate Plus subscription. "Lifetime Access" means a one-time purchase granting Plus features for PocketPlate's commercial lifetime. "You" means the individual using the Service.

2. Agreement to Terms

Using the Service constitutes agreement to these Terms and our Privacy Policy. We may update these Terms; material changes will be communicated via email or in-app notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

3. Eligibility and Age Requirements

You must be at least 13 years old to use the Service. Users aged 13–17 may only use the Service with parental consent and supervision; the parent or guardian accepts responsibility for compliance with these Terms. We collect date of birth at signup to verify minimum age. Accounts of users found to be under 13 will be immediately deleted. The Service is not directed to children under 13.

4. Health, Nutrition, and Medical Disclaimer

PocketPlate provides educational nutrition insights and does not diagnose, treat, or cure disease. AI calorie estimates and nutritional analyses are approximations only and may be incomplete or inaccurate. The Service is not a substitute for professional medical advice, diagnosis, or treatment. Consult a licensed healthcare provider before changing your diet, supplement regimen, or exercise routine, especially if you have a medical condition. We are not liable for health outcomes resulting from reliance on the Service. Nothing in the Service recommends taking or stopping any medication.

5. AI Disclosure

The Service uses AI to identify foods from photos and voice input and estimate caloric and nutritional content. AI-generated estimates are approximations requiring your explicit confirmation before being saved to your log. You acknowledge AI food recognition has inherent limitations; results depend on photo quality and other factors. You are responsible for reviewing and confirming or editing all AI entries. We do not use your identifiable health data to train third-party AI models without consent.

6. User Accounts

You are responsible for maintaining confidentiality of account credentials and for all activity under your account. Notify us immediately of unauthorized access at support@pocketplate.app. You may not create accounts on behalf of others without consent or create multiple accounts to circumvent restrictions.

7. User Content

License Grant:

By submitting User Content, you grant PocketPlate a worldwide, royalty-free, sublicensable license to use, reproduce, process, and analyze your User Content solely to operate and improve the Service, including improving AI food recognition accuracy. We do not sell your User Content or use it for unrelated advertising.

Your Representations:

You represent you own or have rights to all User Content you submit, it does not violate any third party's rights, and you have lawful consent to submit photos containing identifiable individuals.

Content Standards:

You may not submit content that is unlawful, harmful, harassing, defamatory, obscene, deceptive, spammy, or that violates third-party rights. We reserve the right to remove non-compliant content.

8. DMCA / Copyright Infringement

We comply with the DMCA. To report copyright infringement, send written notice to our designated DMCA agent:

[POCKETPLATE LLC] — Attn: DMCA Agent | [ADDRESS] | legal@pocketplate.app

Your notice must include: (1) identification of the copyrighted work; (2) identification and location of the infringing material; (3) your contact information; (4) good-faith belief statement; (5) accuracy statement under penalty of perjury; (6) your signature. We will investigate valid notices and terminate repeat infringers' accounts.

9. Subscription Plans, Billing, and Free Trial

Free Trial:

Trial begins on subscription date. No charge during trial. If not cancelled before trial ends, subscription converts to paid at the applicable rate.

Auto-Renewal Disclosure:

Subscriptions automatically renew at the end of each billing period at the then-current rate unless cancelled at least 24 hours before renewal. You authorize the applicable payment processor to charge your payment method on file.

How to cancel:

iOS: Settings → Apple ID → Subscriptions → PocketPlate → Cancel | Android: Google Play → Subscriptions → PocketPlate → Cancel | Web: Account Settings → Billing → Cancel. Cancellation takes effect at end of current paid period. No partial refunds for unused time except where required by law.

Lifetime Access:

One-time purchase granting Plus features for PocketPlate's commercial lifetime. Non-refundable after 7 days. If PocketPlate ceases operations, Lifetime Access holders receive minimum 90 days' notice and a prorated refund where feasible.

Payment Processing:

In-app purchases processed by Apple App Store (iOS) or Google Play Store (Android) under their respective terms. Web purchases processed by Stripe, Inc.

10. Prohibited Uses

You agree not to:

• use the Service unlawfully
• reverse engineer or decompile the Service
• use the Service for competitive analysis or benchmarking
• scrape or extract data through automated means
• circumvent technical restrictions or security measures
• upload photos of individuals without lawful consent
• attempt unauthorized access to our systems or other accounts
• interfere with Service performance
• transmit spam, malware, or harmful content

11. Intellectual Property

All Service content, software, features, and functionality (excluding User Content) are owned by PocketPlate or its licensors. The PocketPlate name, logo, and related marks are trademarks of [POCKETPLATE LLC]. You may not copy, modify, distribute, sell, or reverse engineer any part of the Service without prior written consent.

12. Third-Party Services

The Service may integrate with third-party services (Apple HealthKit, Google Health Connect, USDA database, etc.). We do not control and are not responsible for third-party services. Your use of third-party services is governed by their respective terms.

13. Termination

We may suspend or terminate your access for violation of these Terms or at our discretion. Upon termination, your right to use the Service ceases immediately. Paid subscription fees for unused periods will be refunded on a prorated basis where required by law, except for violations of these Terms. You may terminate your account through Account Settings or by emailing support@pocketplate.app.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. POCKETPLATE DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF NUTRITIONAL DATA, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCKETPLATE'S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO POCKETPLATE IN THE PRECEDING 12 MONTHS, OR (B) $100.00 USD. POCKETPLATE IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR HEALTH OUTCOMES.

16. Indemnification

You agree to indemnify and hold harmless PocketPlate and its officers, directors, employees, and agents from claims, damages, liabilities, and expenses (including attorneys' fees) arising from: your use of the Service; your violation of these Terms; your User Content; or your violation of any third party's rights.

17. Dispute Resolution — Arbitration and Class Action Waiver

Informal Resolution:

Before arbitration, contact us at legal@pocketplate.app and attempt informal resolution for at least 30 days.

Binding Arbitration:

Any unresolved dispute arising from these Terms or the Services shall be finally settled by binding arbitration administered by the International Chamber of Commerce (ICC) under its Rules of Arbitration. Number of arbitrators: 1 (unless ICC determines otherwise). Seat: [STATE], United States. Language: English. Governing law: laws of the State of [STATE]. The arbitrator's award is final and binding.

Class Action Waiver:

YOU AND POCKETPLATE AGREE TO BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims.

Exceptions:

IP claims and small claims court matters are excluded from arbitration and may be brought in court.

Opt-Out:

You may opt out of arbitration by emailing legal@pocketplate.app within 30 days of first accepting these Terms, including your name, address, and a clear opt-out statement.

18. Apple-Specific Terms (iOS Users)

PocketPlate contact: [POCKETPLATE LLC] | [ADDRESS] | [PHONE] | support@pocketplate.app

19. Google Play-Specific Terms (Android Users)

Your use of the Android app is subject to Google Play's Developer Distribution Agreement. In-app purchases through Google Play are governed by Google's payment terms.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of [STATE], United States. For disputes not subject to arbitration, you consent to exclusive jurisdiction of state and federal courts in [STATE].

21. Severability and Entire Agreement

If any provision is found unenforceable, it will be limited to the minimum extent necessary and remaining provisions remain in effect. These Terms and the Privacy Policy constitute the entire agreement between you and PocketPlate.

22. Changes to These Terms

Material changes will be communicated via email or in-app notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

23. Contact