AGREEMENT TO OUR LEGAL TERMS
We are MyPlateGuard LLC ("Company," "we," "us," "our"), a company registered in New Jersey, United States at 30 Lafayette Ave, STE 1, #1018, Morristown, NJ 07960.
We operate the website https://myplateguard.com (the "Site"), the mobile application MyPlateGuard (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
MyPlateGuard is an informational mobile application and website that provides personalized allergen safety scores for restaurant menu items. The Service aggregates allergen information sourced from major chain restaurants' official allergen guides and calculates personalized safety scores based on users' self-reported allergen profiles and severity levels. The Service is intended as an informational reference tool only and is not medical advice, a medical device, or a substitute for direct verification with restaurant staff.
You can contact us by email at [email protected], or by mail to 30 Lafayette Ave, STE 1, #1018, Morristown, NJ 07960.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and MyPlateGuard LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to these Legal Terms will become effective thirty (30) days after the notice is given, except if the changes apply to security updates, a court order, and changes required to comply with newly-enacted laws, regulations, or government orders., in which case the changes will be effective immediately. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you disagree with such changes, you may terminate Services as per the section "TERM AND TERMINATION."
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. An adult account holder may, in their capacity as the parent or legal guardian of a minor child, create and manage one or more dependent allergen profiles (“Dependent Profiles” on behalf of that minor child. Dependent Profiles are managed exclusively by the adult account holder; the minor child is not permitted to access the Services directly. By creating a Dependent Profile, you represent and warrant that you are the parent or legal guardian of the minor and have the legal authority to provide allergen-related information about the minor to us.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Third-Party Trademarks and Nominative Use
The Services display the names, logos, menu item names, and other identifying marks of third-party restaurant chains (collectively, "Chain Marks") solely for the purpose of identifying menu items and allergen data attributable to those chains. All Chain Marks are the property of their respective owners. MyPlateGuard’s display of Chain Marks is intended as nominative fair use to identify the underlying restaurant or menu item and does not imply, and should not be construed to imply, any affiliation, sponsorship, endorsement, partnership, or other relationship between MyPlateGuard LLC and any restaurant chain. We are not affiliated with, authorized by, sponsored by, or endorsed by any restaurant chain whose data appears in the Services. If you are a rights-holder of any Chain Mark and believe our use exceeds nominative fair use, please contact us at [email protected] and we will respond promptly.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least eighteen (18) years of age and not a minor in the jurisdiction in which you reside, or if you are creating an account in your capacity as the parent or legal guardian of a minor child, you have the legal authority to bind both yourself and the minor to these Legal Terms with respect to that child’s Dependent Profile; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any
portion thereof).
USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PRODUCTS
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
Apple App Store in-app purchases (via Apple's billing system). The Services are available at launch in the United States only and through the Apple App Store only. Google Play in-app purchases (via Google’s billing system) will become an accepted payment method when the Services launch on the Android platform; until that time, Google Play is not an available payment method. Subject to applicable law, payments are processed exclusively by Apple in accordance with Apple’s standard terms and conditions, and your payment relationship is between you and Apple.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
SUBSCRIPTIONS
Subscription Plans and Pricing.
The Services are offered on an auto-renewing subscription basis. We currently offer the following subscription plans, each of which entitles you to access the premium features of the Services for the applicable term:
• MyPlateGuard Premium (Monthly): US$4.99 per month, automatically renewing each month. No free trial is offered for the monthly plan. The monthly plan is not eligible for Apple Family Sharing.
• MyPlateGuard Premium (Annual): US$39.99 per year, automatically renewing each year, with a seven (7) day free trial for new subscribers who have not previously received a free trial. Apple Family Sharing is enabled for the annual plan and may be shared with up to five (5) additional members of your Apple Family Group, subject to Apple's Family Sharing terms.
Prices are stated in United States Dollars and are exclusive of any taxes, which may be added by Apple at checkout in accordance with the user's billing region. The Services are available at launch in the United States only.
Auto-Renewal Disclosure (Required by Apple). By initiating a subscription, you acknowledge and agree that:
(a) Payment will be charged to your Apple ID account at the confirmation of purchase.
(b) Your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period.
(c) Your account will be charged for renewal within twenty-four (24) hours prior to the end of the current period at the then-current subscription rate, identified above or as later disclosed in the App.
(d) Subscriptions may be managed by you, and auto-renewal may be turned off, by going to your Apple ID Account Settings after purchase. The cancellation procedure is: open Settings on your device, tap your name, tap Subscriptions, select MyPlateGuard Premium, and tap Cancel Subscription.
(e) Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, where applicable.
Free Trial. We offer a seven (7) day free trial only to new subscribers of the Annual plan who have not previously redeemed a free trial. The free trial does not apply to the Monthly plan. To avoid being charged at the end of the free trial, you must cancel at least twenty-four (24) hours before the trial period ends, using the cancellation procedure above. If you do not cancel, your Apple ID account will be charged the then-current Annual price at the end of the trial.
Cancellation. Subscriptions are managed exclusively through your Apple ID and Apple's billing system. MyPlateGuard LLC does not have the technical ability to cancel App Store subscriptions on behalf of users. Cancellation takes effect at the end of the then-current paid term, and you will retain access to subscription features through that date. Deleting the App does not cancel your subscription.
Failed Renewal / Billing Grace Period. If a renewal payment fails, Apple may attempt to recover payment during a billing grace period of up to sixteen (16) days, during which we may continue to provide access to subscription features. If payment is not successfully recovered within the grace period, your access to subscription features may be suspended or terminated without further notice.
Fee Changes. We may, from time to time, change the subscription fee. We will communicate any price changes to you in advance and, where required by Apple's policies or applicable law, will obtain your affirmative consent before charging the new price. If you do not consent, your subscription will not renew at the new price.
REFUNDS POLICY
Subscription purchases for the Services are processed by Apple through the Apple App Store and are governed by Apple’s refund policies, which we do not control and cannot override. To request a refund for an App Store purchase, you must submit your request directly to Apple at https://reportaproblem.apple.com or through your Apple ID account. Company does not directly process, issue, or guarantee refunds for purchases made through the Apple App Store. Where Apple, in its discretion, issues a refund, we will honor the corresponding loss of access to subscription features. Outside of refunds processed by Apple, all sales are final, and we do not separately refund subscription fees, including, without limitation, for partial subscription terms, unused subscription time, or dissatisfaction with the Services. Nothing in this section is intended to limit any non-waivable refund rights you may have under applicable law in your jurisdiction.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.
Submit, upload, or share any false, misleading, or inaccurate allergen information or content that could endanger the health or safety of other users.
Use any automated system, including bots, scrapers, or spiders, to extract, copy, or aggregate data from the Services, including allergen information, menu data, or safety scores.
Reverse engineer, decompile, disassemble, or otherwise attempt to extract or derive the source code, algorithms, weighting factors, or methodology used to calculate the personalized safety scores or any other proprietary outputs of the Services.
USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
Authentication via Sign in with Apple
The App offers Sign in with Apple as an authentication option. If you elect to use Sign in with Apple, your authentication is handled by Apple under Apple's terms, and we receive only the information you authorize Apple to share with us. If you elect Apple's “Hide My Email” feature, the email address we receive will be a private relay address generated by Apple. We honor “Hide My Email” by routing all account communications through that relay address, and we will not attempt to identify, derive, or contact your underlying email address. If you later disable the relay or revoke our access through your Apple ID settings, we may lose the ability to deliver service-related communications to you, and certain account-recovery features may be unavailable.
Authentication via Sign in with Google (Android). When the Services become available on the Android platform, we expect to offer Sign in with Google as an authentication option. If you elect to use Sign in with Google, your authentication is handled by Google under Google's terms, and we receive only the information you authorize Google to share with us. Use of Sign in with Google is governed by Google's applicable terms and privacy policy, in addition to ours.
SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://app.termly.io/policy-viewer/policy.html?policyUUID=c53a60e3-c728-4605-90e3-5e37a6adb1f6. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State of New Jersey, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Bergen County, New Jersey. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Bergen County, New Jersey, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CURRENCY, OR APPLICABILITY OF ANY ALLERGEN INFORMATION, INGREDIENT INFORMATION, SAFETY SCORE, OR RESTAURANT DATA DISPLAYED IN THE SERVICES. ALL SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL REFERENCE ONLY AND MAY BE INCOMPLETE, OUTDATED, OR INCORRECT.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR WHERE APPLICABLE, PERSONAL INJURY OR DEATH.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Services with whom you connected via the Services; or (7) your creation, management, or use of a Dependent Profile, including any claim by another parent, guardian, or third party concerning your authority to provide the minor’s information to us. Notwithstanding the foregoing, 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, and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-
1254.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
SERVICE DESCRIPTION AND SCOPE
MyPlateGuard ("the App," "the Service") is an informational mobile application and website that provides personalized allergen safety scores for restaurant menu items based on publicly available allergen data published by chain restaurants on their official websites and official allergen guides. What MyPlateGuard does: (a) aggregates allergen information sourced from official chain restaurant allergen guides and websites; (b) calculates personalized safety scores based on the user's self-reported allergen profile and severity levels; (c) presents menu item safety on a numerical scale with informational safety zones. What MyPlateGuard does NOT do: MyPlateGuard is not a medical device, diagnostic tool, or medical advice. MyPlateGuard does not independently test food for allergens. MyPlateGuard does not contact, audit, or inspect restaurants. MyPlateGuard does not track allergen derivatives, byproducts, or trace ingredients that are not explicitly disclosed in a chain's official allergen guide.
ALLERGEN SCOPE — WHAT IS AND IS NOT TRACKED
MyPlateGuard tracks the nine major food allergens designated by the United States Food and Drug Administration under the Food Allergen Labeling and Consumer Protection Act (FALCPA) and the FASTER Act, as well as gluten. These are: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, sesame, and gluten. MyPlateGuard does NOT track the following, even if they are present in menu items: (a) Ingredient derivatives of any tracked allergen, including but not limited to: soybean oil, soy lecithin, mono- and diglycerides, natural and artificial flavorings, casein, whey protein isolate, lactose derivatives, hydrolyzed proteins, and any other processed derivatives that are not required to be disclosed as a top-nine allergen under FDA regulations; (b) Allergens outside the FDA Big 9 plus Gluten, including but not limited to: corn, mustard, sulfites, cinnamon, coconut, nightshades, legumes other than peanuts and soybeans, celery, lupin, and all other foods not listed above; (c) Gluten cross-contamination from shared fryers, grills, or prep surfaces beyond what the chain discloses in its official allergen documentation; (d) Trace amounts or "hidden" allergens not disclosed by the restaurant chain in its official allergen guide. Users with allergies, sensitivities, or intolerances to substances outside the FDA Big 9 plus Gluten should not rely on MyPlateGuard for their dietary decisions. MyPlateGuard has no specific data on these substances and cannot provide safety information for them.
As a conservative data convention, MyPlateGuard automatically treats any menu item that the chain's official allergen guide identifies as containing wheat as also containing gluten, even if the chain does not separately list gluten as an allergen for that item. This convention may cause MyPlateGuard's data to flag items as gluten-containing where the chain's own gluten chart does not. This is an intentional safety-first design choice and is not an error in our data. Users who follow a strictly gluten-free diet for medical reasons (e.g., celiac disease) should nevertheless verify ingredient sourcing and preparation directly with the restaurant before ordering, because gluten cross-contact from shared equipment is outside the scope of any chain's allergen disclosures.
If you (or, in the case of a Dependent Profile, the minor child for whom you are responsible) have an allergy, sensitivity, or intolerance to any substance outside the FDA Big 9 Allergen List plus Gluten including but not limited to corn, mustard, sulfites, cinnamon, coconut, nightshades, sesame derivatives, soy derivatives, dairy derivatives, or any ingredient not explicitly disclosed in a chain's official top-allergen documentation, you must not rely on MyPlateGuard for your dietary decisions and must verify ingredient information directly with the restaurant before consuming any food.
DATA SOURCING AND "MAY CONTAIN" POLICY
All allergen data in MyPlateGuard is sourced exclusively from: (a) official chain restaurant websites; (b) official allergen guides, charts, and nutritional documents published by chain restaurants; and (c) publicly available allergen information directly attributable to the chain. MyPlateGuard does NOT use third-party allergen databases, fan sites, user-generated content, or unverified sources for allergen data.
MyPlateGuard applies a conservative safety-first policy: any allergen listed by a chain as "may contain," "produced in a facility with," "trace," "cross-contact possible," or any similar cautionary disclosure is treated identically to "contains" in our database and scoring. This means: (a) MyPlateGuard's allergen data may
show more allergens present in a given menu item than the chain's official "contains" chart shows; (b) users comparing MyPlateGuard's data to a chain's official allergen chart may see apparent differences, which are intentional design choices made in favor of user safety, not errors; (c) users who wish to consume items marked with "may contain" advisories at their own risk should verify directly with the chain. By using MyPlateGuard, you acknowledge and accept this conservative policy.
We expressly do not source allergen data from third-party menu or nutrition aggregators (including, by way of example only, menuwithprice.com, fast-food fan sites, recipe-tracking apps, or crowd-sourced allergen databases). We further limit coverage to chains whose official allergen documentation passes through supplier-level “may contain,” cross-contact, and shared-facility advisories. Chains that do not pass these supplier-level advisories through to their published allergen documentation are excluded from MyPlateGuard's coverage. As a result, the absence of a chain from the Services does not indicate that the chain is unsafe; it indicates only that the chain's public allergen disclosures do not meet our minimum sourcing criteria.
DATA FRESHNESS AND MENU COVERAGE LIMITATIONS BODY:
MyPlateGuard refreshes its allergen database on a periodic cycle of approximately every six (6) months (“bi-yearly”). We may, in our discretion, update individual chain data more frequently in response to material allergen-relevant changes (for example, a public recipe change announced by the chain), but we do not guarantee any specific update frequency, interval, or response time.. Restaurants may change recipes, ingredients, suppliers, or preparation methods at any time without notice, and MyPlateGuard's data may lag behind real-world menu changes. MyPlateGuard makes no representation that its data reflects the current state of any restaurant's menu at any given time. Users must not rely on MyPlateGuard as a real-time source of allergen information and must verify allergen information directly with the restaurant before ordering. MyPlateGuard tracks standard menu customizations where the chain publishes allergen data for the modified item, including but not limited to gluten-free bun substitutions, lettuce-wrap options, build-your-own protein and ingredient selections, and dressing choices on salads. MyPlateGuard does NOT track: (a) limited-time offers; (b) seasonal menu items; (c) regional menu items specific to certain geographic areas; (d) test menu items;
(e) franchise-specific menu variations; (f) secret menu items; (g) custom, off-menu modifications that rely on staff discretion or kitchen execution (such as requests for dedicated fryers, glove changes, utensil swaps, or ingredient removals not reflected in the chain's official allergen guide).
CROSS-CONTAMINATION AND KITCHEN PRACTICES
MyPlateGuard has no visibility into, and exercises no control over, restaurant kitchen practices, including but not limited to: shared cooking equipment (fryers, grills, griddles, ovens, toasters); shared preparation surfaces, cutting boards, and utensils; staff handling procedures, glove changes, and hand-washing practices; ingredient storage, supplier changes, and inventory handling; recipe changes made at the store or franchise level; staff training and allergen awareness practices; and actual preparation of individual orders. MyPlateGuard's scoring algorithm incorporates a statistical proxy for allergen presence across a restaurant's menu, which should not be interpreted as a measurement of cross-contamination risk in any specific kitchen. Actual cross-contamination risk is determined by kitchen practices that MyPlateGuard cannot observe, measure, or verify. Users with severe allergies or anaphylactic history must communicate directly with restaurant staff about kitchen procedures and cross-contamination controls before ordering. Reliance on MyPlateGuard alone for cross-contamination assessment is expressly disclaimed.
FRANCHISE AND LOCATION VARIATION
The allergen data in MyPlateGuard is sourced from corporate-level chain documentation. Individual franchise locations may vary from corporate documentation in the following ways, among others: use of alternate suppliers; use of alternate ingredients; differences in preparation procedures; regional menu additions or removals; equipment differences affecting cross-contamination profiles; variations in staff
training. MyPlateGuard makes no representation that data sourced from corporate allergen guides accurately represents any specific franchise location's actual practices. Users must verify allergen information at the specific location where they intend to order.
SAFETY SCORES — METHODOLOGY AND LIMITATIONS
MyPlateGuard's personalized safety scores are calculated using a proprietary algorithm that weights: (a) the proportion of menu items safe for the user's allergen profile; (b) the presence of the user's allergens across the menu, weighted by user-declared severity; and (c) the severity-weighted safety of unsafe items. Safety scores and safety zones are informational reference tools only. They are NOT guarantees of safety, NOT medical recommendations, NOT assurances that a restaurant is safe for any specific user, and NOT substitutes for direct verification with restaurant staff. A high safety score indicates only that, according to the chain's official allergen data and MyPlateGuard's conservative data policies, few or no menu items the user would select are documented as containing their declared allergens. A high score does not guarantee the absence of allergens in any specific dish at any specific location, nor does it account for cross-contamination, staff error, or ingredient changes.
NOT MEDICAL ADVICE OR A MEDICAL DEVICE
MyPlateGuard is an informational tool. It is NOT a medical device under any regulatory definition, NOT medical advice, NOT a substitute for consultation with a licensed healthcare provider, allergist, or registered dietitian, NOT a diagnostic tool, and NOT a substitute for prescribed emergency medication (such as epinephrine auto-injectors). Users with food allergies must continue to follow their healthcare provider's guidance, carry prescribed emergency medication at all times, and use MyPlateGuard only as one informational input among many in their dietary decision-making process. Nothing in the Service should be construed as creating a doctor-patient relationship, a medical professional relationship, or any duty of care typically owed by a healthcare provider.
Parents and legal guardians managing a Dependent Profile on behalf of a minor must continue to follow the child’s healthcare provider’s guidance, ensure the child carries any prescribed emergency medication when applicable, and use MyPlateGuard only as one informational input in dietary decision made for the child.
ASSUMPTION OF RISK
Food allergies carry inherent risks, including the potential for allergic reactions of varying severity. Dining at any restaurant involves these risks for individuals with food allergies, regardless of any information provided by any source, including MyPlateGuard. By using MyPlateGuard, you acknowledge and agree that: (a) you assume all risk associated with your food choices and restaurant selections; (b) you understand that MyPlateGuard's data may be incomplete, outdated, inaccurate, wrong, or inapplicable to the specific restaurant location where you dine; (c) you will verify allergen information directly with restaurant staff before consuming any food, particularly for severe allergies; (d) if prescribed by a healthcare provider, you will carry your prescribed emergency medication at all times; (e) you will not rely solely on MyPlateGuard for allergen information or dining decisions; (f) you release MyPlateGuard LLC, its officers, employees, contractors, and agents from any and all claims arising from your use of the Service to the maximum extent permitted by applicable law.
When you are using the Services to make dietary decisions on behalf of a minor child through a Dependent Profile, the assumptions of risk and releases in this Section apply equally to decisions you make for that child, and you make them in your capacity as the child’s parent or legal guardian.
USER ACKNOWLEDGMENT AND INFORMED CONSENT
By creating an account or using MyPlateGuard, you expressly acknowledge that you have read, understood, and agree to all provisions in these Terms, particularly the following critical provisions: (a) You understand that MyPlateGuard only tracks FDA Big 9 allergens plus gluten, and does not track derivatives, byproducts, or allergens outside this scope. (b) You understand that MyPlateGuard treats "may contain" as "contains" by design, and that data may appear stricter than a chain's official chart. (c) You understand that MyPlateGuard cannot see or control restaurant kitchen practices, cross-contamination, staff handling, or franchise-level variations. (d) You understand that safety scores are informational only and are not guarantees of safety. (e) You understand that MyPlateGuard is not a medical device, not medical advice, and not a substitute for a healthcare provider or direct verification with restaurant staff. (f) You assume all risk of dining out with food allergies and acknowledge the inherent dangers thereof. (g) You understand that liability for any claim is capped as described in these Terms. You represent that you are 18 years of age or older, or that you are the parent or legal guardian of a minor for whom you are creating an account to manage allergen information, and that you have the legal authority to bind yourself or the minor to these Terms.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
MyPlateGuard LLC 30 Lafayette Ave, STE 1, #1018, Morristown, NJ 07960.