Terms of Service

Last Updated: June 24, 2024

Welcome to Ounje, a mobile application that transforms your fridge contents into delicious recipes, helps you track your caloric intake, and assists in managing your dietary goals. Please read these Terms of Service ("Terms") carefully before using Ounje ("the App") operated by Ounje Inc. ("we," "us," "our").

By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the App.

1. Use of the App

Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you have the legal capacity to enter into a binding agreement.

Account Registration

To access certain features of the App, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.

2. Subscription Plans

Free Tier

  • Recipe generation from the database only
  • 2 calorie checks per month
  • Maximum of 25 spaces in inventory
  • 1 fridge image

Premium Tier

  • Recipe generation from both the database and OpenAI
  • Unlimited calorie checks per month
  • Unlimited inventory space
  • Maximum of 3 fridge images
  • Price: 5.99 CAD per month

3. Payment and Refunds

Payment

All payments for the Premium Tier are processed through the Apple App Store. By subscribing to the Premium Tier, you agree to pay the subscription fee specified at the time of purchase. Payments are non-refundable except as required by law.

Automatic Renewal

The Premium Tier subscription will automatically renew at the end of each billing cycle unless you cancel your subscription at least 24 hours before the end of the current period. You can manage your subscription and turn off auto-renewal in your Apple ID account settings.

4. User Content

Content Ownership

You retain ownership of any content you submit, post, or display on or through the App. By submitting content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the App and our business.

Content Guidelines

You agree not to post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. We reserve the right to remove any content that violates these guidelines.

5. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the App, you consent to the collection and use of your information as outlined in the Privacy Policy.

6. Intellectual Property

Ownership

The App and its original content, features, and functionality are and will remain the exclusive property of Ounje Inc. and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Restrictions

You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the App.

7. Disclaimers and Limitation of Liability

Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the App will be uninterrupted or error-free.

Limitation of Liability

In no event shall Ounje Inc., its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the App; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the App; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall Ounje Inc. be liable for any damages, losses, and causes of action exceeding the amount paid by you, if any, for accessing the App.

8. Indemnification

You agree to defend, indemnify, and hold harmless Ounje Inc. and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses, including attorneys' fees, arising out of or relating to your use of the App or your violation of these Terms.

9. Termination

We may terminate or suspend your access to the App at any time, without notice or reason. We may also terminate or suspend your access for violating these Terms. Upon termination, your right to use the App will immediately cease.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

11. Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of the App shall be resolved by binding arbitration in accordance with the Arbitration Rules of the Canadian Arbitration Association ("CAA"). The arbitration shall be conducted in Toronto, Ontario, Canada.

12. Entire Agreement

These Terms constitute the entire agreement between you and Ounje Inc. regarding your use of the App and supersede all prior or contemporaneous agreements, communications, and representations, whether oral or written.

13. Severability

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

14. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

15. Contact Us

If you have any questions about these Terms, please contact us at thisisounje@gmail.com or 416-871-2611.