FitMyMeal (the “Application”) and the website, www.fitmymeal.ca (collectively, the “Service”) are owned and operated by FitMyMeal (“we”, “us”, or “our”). These Terms of Use set out the terms and conditions on which we provide the Service (the “Terms of Use”). By using or accessing the Service, you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you are not permitted to use or access the Service.

We reserve the right to modify or amend these Terms of Use from time to time. You agree that we may notify you of changes to these Terms of Use that, in our sole discretion, are material, by posting them on the Application (e.g. via a push notification) or on our website, and that your use of the Service after the effective date of the revised Terms of Use constitutes your acceptance of those changes. The revised Terms of Use will be effective as of the time of posting.

USE OF THE SERVICE

1. You may not use or access the Service if you are under 13 years of age. If you are at least 13 years of age but under 18 years of age or the age of majority in your jurisdiction, whichever is greater, you represent and warrant that you have obtained the consent of a parent or guardian before accessing or using the Service. Otherwise, you represent and warrant that you are: (i) at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and (ii) of legal age to form a binding contract.
2. When you register to use the Service, you will be asked to provide certain personal information. You certify that any information you provide to register for the Service is accurate and complete, and you agree to update such information as necessary to maintain its truth and accuracy.
3. You are responsible for keeping your password secret. You are responsible for any acts or omissions that occur on or through your account. You may not sell, transfer, license or assign your account rights, such as, for example, your user name, domain, and account. Unless you have been granted express authorization from us, you agree that you will not create an account for anyone other than yourself.
4. You must not create accounts on the Service through unauthorized means, including, but not limited to, by using an automated script, bot, or crawler.
5. You may not use the Service for any illegal or unauthorized purpose.
6. You are solely responsible for your conduct and any content that you submit or share on or via the Application or our website.
7. You agree that we will not be responsible for any content posted or shared by users on or via the Application or our website.
8. You must not harass, abuse, threaten, or intimidate other users of the Service.
9. You must not modify the Service, or modify another service or application so as to falsely represent that it is associated with the Service.
10. You must not interfere or attempt to interfere with others’ use of the Service, and you must not encourage or facilitate violation of these Terms of Use.
11. You must not violate or attempt to violate the security of the Service.
12. Violation of these Terms of Use may, in our sole discretion, result in termination of your account on the Service.

GENERAL CONDITIONS

1. We reserve the right to modify, suspend or terminate your access to the Service for any reason, without notice, at any time, and without liability to you. In no event will we be liable for the removal of or disabling of access to any portion or feature of the Service.
   1. If we terminate your access to the Service or if you deactivate your account, any content that you had submitted, shared or uploaded via the Service will no longer be accessible through your account.
   2. Upon termination of your account, all rights granted to you in these Terms of Use will immediately cease.
2. We have the right, in our sole discretion, to edit, move, delete and/or block any content submitted or shared via the Service or accounts containing content that we determine to be violating these Terms of Use.
3. Some features of the Service may make use of location information which identifies your device’s location at various times. If you enable geolocation features on the Application, you agree that we may collect your device’s location data and maintain historical location information for your device.
4. You agree that we are not responsible or liable for the conduct of any user of the Service. You agree that we do not have any obligation to resolve or become involved in disputes between you and other users.
5. You understand that different versions of the Application may be provided to different users and, therefore, some features of the Application that are available to other users may not be available to you. You agree that we are not responsible or liable for any loss or damages arising from any discrepancies in the versions of the Application that are available to users.

USER CONTENT

1. Users of the Service may submit or share content on or via the Application or our website in accordance with these Terms of Use.
2. By submitting or sharing content on or via the Application or our website, you warrant and represent that you are the sole author and owner of the content or otherwise have the right to grant the rights and licenses set forth in these Terms of Use.
3. You represent and warrant that you will not submit or share any of the following content:
   1. Content that violates local, provincial, federal, or international laws;
   2. Content that infringes on the rights of others, such as privacy rights, publicity rights, or intellectual property rights;
   3. Content that is obscene, violent, pornographic, sexually suggestive, defamatory, slanderous, abusive, discriminatory or hateful to any other person or entity as determined by us in our sole discretion;
   4. Content that contains private or confidential information pertaining to you or others, such as credit card information, social security numbers, or non-public contact information;
   5. Content that contains viruses or other harmful computer code; or
   6. Content that interferes with the use of the Service by others.
4. You agree that we are not responsible for, and do not endorse, any of the content posted or shared on or via the Application or our website. If any content that you post or share on or via the Application or our website violates these Terms of Use, you may bear legal responsibility for that content.
5. We do not have any obligation to monitor, edit, block or remove any content submitted by users of the Service.

RIGHTS

1. The information you submit to us as part of your registration, and any data, text, graphics, video, and other material that you submit or share via the Service remain your intellectual property, and we do not claim any ownership of the copyright or other proprietary rights in such information and user content. Notwithstanding the foregoing, if you submit or share any content via the Service, you automatically grant to us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, unlimited, transferable license to use, reproduce, modify, publish, and display the content in connection with the Service, subject to our Privacy Policy.
2. We may run advertisements and promotions from third parties on or in connection with the Service or may otherwise provide information about or links to third-party products or services on or in connection with the Service. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers or third party information on the Application or our website.
3. We are not liable to you for the loss of any content submitted or shared on or via the Application or our website.
4. Unless otherwise noted, all materials that are part of the Service, such as images, text, designs, audio and video clips, and user interface elements, are subject to intellectual property rights, including, without limitation, copyrights and trademarks owned by or licensed to us. We expressly reserve all intellectual property rights in all products, processes, technology, and other materials that appear on the Application or our website. Access to the Service does not confer, and shall not be considered as conferring, upon anyone any license under any of our intellectual property rights.

THIRD PARTY CONTENT
The Service may include third party content and may provide links to Web pages and content of third parties (collectively, the “Third Party Content”). We do not control, endorse, or adopt any Third Party Content and make no representation or warranties of any kind regarding the Third Party Content including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and that we undertake no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

PRIVACY
You acknowledge and agree that any personal information that you provide through the Service will be used by us in accordance with our Privacy Policy, the terms of which are incorporated herein by reference.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless FitMyMeal and our affiliates from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses, including legal fees, arising from or related to your use of the Service or any breach by you of these Terms of Use. This provision shall survive the termination of these Terms of Use and remain in full force and effect.

TERMINATION
These Terms of Use are effective unless and until terminated by either you or us. You may, on notice to us, terminate these Terms of Use at any time, provided that you discontinue any further use of the Service. We may terminate these Terms of Use at any time and may do so without notice, and accordingly deny you access to the Service, if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use.

DISCLAIMER OF WARRANTIES
Before beginning or modifying any diet or exercise program, you should consult a licensed or certified healthcare professional, such as a dietician. You acknowledge that we have advised you of the necessity for obtaining such consultations. The Service should not be used by pregnant women. The Service does not provide medical advice. We make no representation that we are a provider of medical services as defined by federal and provincial laws and regulations pertaining to medical providers and other health care related matters, or that we have any obligations with respect to (a) the appropriateness of your engaging in a fitness or diet program; (b) the results, or lack of results, obtained by your use of the Service. In no event shall we be liable for any death or bodily injury that you suffer in connection with any diet, exercise, or activity you undertake in connection with your use of the Service.

The Application and our website are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither we nor any of our employees, managers, officers or agents (the “FitMyMeal Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Application; (b) the Application content; (c) our website; (d) our website content; or (e) security associated with the transmission of information to us via the Application or our website. In addition, the FitMyMeal Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for any particular purpose, and non-infringement.

The FitMyMeal Parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server(s) that make the Service available are free from any harmful components, including, without limitation, viruses. The FitMyMeal Parties do not make any representations or warranties that the information, including any instructions, on the Application or our website is accurate, complete, or useful. You acknowledge that your use of the Service is at your own risk. The FitMyMeal Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the FitMyMeal Parties disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms of Use.

By accessing or using the Service, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.

The FitMyMeal Parties do not endorse any content on the Service and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

LIMITATION OF LIABILITY
In no event shall we be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) the Service content; (c) your use of the Application or our website; (d) any action taken in connection with an investigation by us or law enforcement authorities regarding your or any other party’s use of the Service; (e) any action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the operation of the Service; or (g) any damage to any user’s computer, mobile device, or other equipment or technology including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if we have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will we be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury.

You agree to release us from all liability relating to your connections and relationships with other users of the Service. You understand that we do not screen users nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the Service, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications, meetings, or other interactions with users or persons you may meet through the Service.

You agree that in the event you incur any damages, losses or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any property, product, service or other content owned or controlled by us.

We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between you and us and governs your use of the Service, superseding all prior agreements and representations between you and us. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision, and the other terms of these Terms of Use shall remain in full force and effect. Our delay or failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.

GOVERNING LAW
These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute relating in any way to your use of the Service will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence.

APPLE/GOOGLE TERMS OF SERVICE
If you download the Application from the Apple App Store, these Terms of Use incorporate the Apple Media Services Terms and Conditions, including the Licensed Application End User License Agreement provided therein. If you download the Application from the Google Play Store, these Terms of Use incorporate the Google Play Terms of Service. Where the terms of the Apple Media Services Terms and Conditions and/or Google Play Terms of Service conflict with the terms of these Terms of Use, these Terms of Use shall govern.