Terms of Service

Overview

These Terms of Service ("Terms") govern your access to and use of the Happy Plate mobile application ("App"). The App is owned and operated by TensorTaste Inc., a company with its principal place of business at: 8 The Green, STE R, Dover, DE 19901, USA, acting under the laws of State of Delaware (the "Licensor"). For any questions or assistance regarding these Terms, you can contact the Licensor at: support@tensortaste.com.

Please read these Terms carefully. By downloading, installing, or using the App in any manner, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the App. Your continued use of the App constitutes your acceptance of any updates or modifications to these Terms.

1. Health Precautions and Recommendations

1.1 You should NOT engage in intermittent fasting under the following conditions:

• If you are pregnant or breastfeeding
• If you are underweight (BMI < 18.5)
• If you are under 14 years old
• If you are over 80 years old
• If you have a diagnosed eating disorder
• If you have Type 1 diabetes

Additionally, if you have a medical condition, take medications, are over 70 years old, or plan to fast for longer than 18 hours, you should consult with your physician before starting intermittent fasting.

1.2 You acknowledge that the App’s services are not medical or healthcare services, and no physician-patient relationship is created through your use of the App. The App’s services are not a substitute for professional healthcare and may not be suitable for all individuals.

1.3 The App serves only as a tool to assist you in achieving your overall health, fitness, and wellness goals. You understand and accept that engaging in diet, using proposed recipes and nutrition, as well as exercise activities carries inherent risks, including the potential for bodily injury or death, and you assume full responsibility for such risks. Before making any health-related decisions or taking actions that could affect your health, safety, or that of your family or fetus, you should consult a licensed physician or other qualified healthcare provider.

1.4 Medical Emergencies and Professional Advice:

• Never disregard professional medical advice or delay seeking it due to information obtained from the App’s services.
• Always consult with a healthcare professional if you have any concerns about your health condition or if you experience any changes in your health status.
• If you believe you are experiencing a medical emergency, immediately call emergency services or go to the nearest emergency room.

1.5 Medical research continuously evolves, and wellness recommendations may not always reflect the latest medical findings. We do not guarantee that the App’s content will always include the most recent medical research or developments.

1.6. The Licensor makes no guarantees regarding the success or effectiveness of any wellness program provided through the App. Individual results will vary, and any testimonials or examples presented within the App are for informational purposes only—they do not guarantee similar outcomes for any user. Past results do not predict future performance, and maintaining any health improvements requires continuous adherence to appropriate lifestyle habits.

1.7 In addition to the limitations and disclaimers set forth in the Terms, the Licensor disclaims any liability for any losses or damages related to the content, advice, or guidance provided through the App’s services.

2. Terms Acceptance and License Grant

2.1 Acceptance of Terms and Age Requirement

Your use of the App signifies your acceptance of these Terms in full. You agree to be bound by any future modifications or amendments that the Licensor may make at its sole discretion. If you disagree with any part of these Terms, you must immediately cease using the App and uninstall it from your device. To use the App and purchase any related subscription services, you must be at least 18 years old or the legal age of majority in your jurisdiction. By accessing the App, you represent and warrant that you meet this age requirement.

2.2 Modifications to Terms

The Licensor reserves the right to modify, update, or revise these Terms at any time. Any changes will become effective upon being posted within the App or communicated to you by other reasonable means. It is your responsibility to regularly review these Terms for any updates. By continuing to use the App after such changes, you agree to be bound by the updated Terms.

2.3 License Grant and Use of the App

Subject to your compliance with these Terms, the Licensor grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use the App for your personal, non-commercial use. All rights not expressly granted to you are reserved by the Licensor. Your right to use the App is conditioned upon your continued compliance with these Terms.

You are strictly prohibited from copying, storing, altering, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any text, graphics, logos, trade identifiers, designs, icons, images, software, code, or any other materials obtained from the App without obtaining prior express written consent from the Licensor. Such permission is granted at our sole discretion and may be withheld without justification.

Additionally, you agree not to download, display, or utilize any content provided by the Licensor for use in publications, public performances, or websites outside of the App, nor for any commercial purpose unrelated to the Licensor’s offerings. You shall not use such content in a manner that could mislead consumers, tarnish or discredit Simple and its licensors, weaken the distinctiveness of the Licensor’s brand, or otherwise infringe upon the intellectual property rights of the Licensor’s

You also agree to refrain from any misuse of content published by the Licensor or any third-party materials accessible through the App. Any violation may result in the suspension or termination of your access to the App.

3. Registration, Eligibility and Account Security

3.1 To create an account and use the App, you must be at least 18 years old and not prohibited from using the App under applicable laws. By creating an account, you represent and warrant that you meet these eligibility requirements.

3.2 To access and use the App, you may be required to create an account and provide certain personal information, including but not limited to your name, gender, birth date, and email address. You agree to provide accurate, complete, and up-to-date information and to update it promptly if any changes occur. Failure to do so may impact on the proper functioning of the App and our ability to communicate important notices to you.

3.3 You are prohibited from creating an account using a name that you do not have the right to use or impersonating another individual by using their name. The Licensor reserves the right to suspend or terminate your account, with or without prior notice, if you violate these Terms.

3.4 If you create a username, password, or any other security credentials, you are responsible for keeping them confidential. You must not share your login information with anyone else. You are fully responsible for all activities that occur under your account. If you suspect any unauthorized use of your account, you must immediately reset your password and notify the Licensor. The Licensor reserves the right to require you to change your login credentials at any time for security reasons.

3.5 By logging into the App via Apple or any third-party service, you consent to the Licensor accessing and using any information that is available through such services, as authorized by you. This access is governed by the privacy policies of those third-party services.

4. User Obligations and Restrictions

4.1 You agree to use the App in compliance with all applicable laws and regulations, including those related to data privacy, intellectual property, and consumer protection.

4.2 You must download and install the App only from authorized platforms like the Apple App Store. Using the App from unauthorized sources or on unauthorized devices may result in termination of your access.

4.3 You may not assign, transfer, or sublicense your rights under these Terms to any third party.

4.4 You agree not to:

5. Disclaimer of Warranties

5.1. The Licensor operates the App from multiple locations and makes no guarantees regarding the suitability or availability of its services in all regions. Certain features or functionalities of the App may be restricted or may differ based on geographic location.

5.2. THE SERVICES PROVIDED THROUGH THE APP ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

5.3. Neither we nor our directors, employees, agents, representatives, suppliers, partners, or content providers make any warranties or guarantees that:

• The App’s services will be continuously available, secure, or accessible at all times.
• Any errors or defects will be identified and corrected.
• The content or software accessible via the App is free from viruses or other harmful elements; or
• The App’s services will fully meet your expectations or requirements.

5.4. You understand that software applications may have errors. You use the App at your own risk. You are solely responsible for any damage to your device, system, or data loss resulting from the use of the App or any downloaded materials.

5.5. No Guarantee of Specific Outcomes. Our objective is to enhance access to wellness and health-related information, making it more accessible and practical for users. However, the App’s services do not, and cannot, guarantee specific health-related outcomes or improvements. Your use of the App, including any insights, recommendations, or predictions it provides, is entirely at your own risk. We do not make any representations or warranties regarding the accuracy, reliability, or completeness of the data, information, estimates, or predictions generated through the App’s services. You acknowledge and agree that the App’s services are not designed to function as a medical or scientific device and should not be used as a substitute for professional medical advice, diagnosis, or treatment.

5.6. No Medical Advice. We do not provide medical or professional advice, and we expressly disclaim any liability related to reliance on any information available within the App. If you require medical, legal, or other professional assistance, you should consult a qualified expert.

5.7. Some jurisdictions do not allow the exclusion of implied warranties, so these exclusions may not apply to you.

6. Limitation of Liability and Indemnification

6.1 The Licensor, including its officers, directors, agents, affiliates, employees, advertisers, and data providers, shall not, under any circumstances, be held liable for any indirect, special, incidental, consequential, or punitive damages. This includes, but is not limited to, loss of use, loss of profits, or loss of data, whether arising from contract, tort (including negligence), equity, or any other legal theory, and whether or not the Licensor has been advised of the possibility of such damages.

6.2 The total liability of the Licensor, arising from or in connection with these Terms or the use or inability to use the Services, shall not exceed the greater of: (i) the total amount you have paid to the Licensor for access to the Services, or (ii) $100 if no payment obligations exist between you and the Licensor.

6.3 Certain jurisdictions may not allow the exclusion or limitation of liability for certain types of damages. In such cases, the above limitations shall apply only to the maximum extent permitted by applicable law. Nothing in these Terms shall exclude or limit liability where such exclusion or limitation would be unlawful. If any provision of these Terms seeks to exclude or limit liability beyond what is legally permissible, that provision shall be deemed modified to comply with the applicable legal limits.

6.4 The Licensor is not responsible for any inaccuracies resulting from incorrect data input into the App.

6.5 Neither the Licensor nor any third party referenced within the App's Services shall be liable for any personal injury, including death, that results from your use or misuse of the App's Services.

6.6. You agree to defend, indemnify, and hold harmless the Licensor, along with its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions, demands, liabilities, and settlements, including but not limited to reasonable legal and accounting fees. Such indemnification applies to claims arising from, or alleged to result from, your use of the App's services or your violation of these Terms. The Licensor reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are obligated to indemnify us. You agree to fully cooperate with us in defending any such claims. Additionally, you may not settle any claim without the Licensor’s prior written consent. The Licensor will make reasonable efforts to notify you of any claim, action, or proceeding as soon as it becomes aware of it.

7. Intellectual Property Rights

7.1 The Licensor retains all intellectual property rights in the App, including all software, code, trademarks, and content. You agree not to challenge or interfere with the Licensor's rights in the App.

7.2 You agree not to:

• Claim any ownership or rights to the Licensor's intellectual property.
• Engage in any activity that would harm the Licensor's intellectual property rights.
• Use or register any trademarks or logos that are similar to those of the Licensor.

8. Subscriptions, Updates, and Support

8.1 Subscriptions and Billing

The App may offer subscription services that automatically renew at the end of each billing cycle unless you disable the auto-renewal feature through your device's subscription management settings before the renewal date. Subscriptions are managed and billed through the platform from which you downloaded the App, such as the Apple App Store ("App Provider"). The App Provider's terms govern subscription purchases, renewals, cancellations, and refunds. Any questions or disputes regarding billing should be directed to the App Provider, as the Licensor is not responsible for the billing processes of the App Provider.

8.2 Updates and Support

The Licensor may, at its discretion, provide updates, enhancements, or new versions of the App. You are not entitled to any such updates, and the Licensor may modify or discontinue any features without notice. The Licensor does not guarantee any technical support or maintenance for the App. Any support provided is at the Licensor's sole discretion and may be modified or discontinued at any time.

9. App Providers and Third-Party Terms

9.1. If you accessed or downloaded the App from an App Provider, such as the Apple App Store, you acknowledge that: