Terms and Conditions of MomEats

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

This Application is provided by:

Mathias OVIEVE
5 Rue Hector Malot
69007 Lyon

Owner contact email: contact@momeats.app

What the User should know at a glance

• This Application offers auto-renewing subscriptions. Information about the auto-renewing subscription terms, including renewal period and cancellation, is detailed in the relevant section of these Terms.
• Certain provisions may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause.

Account registration

To use certain features of this Application, Users must register an account. Account registration is performed through Apple Sign In or email/password. By registering, Users agree to:

• provide accurate and complete information during registration;
• keep their account credentials secure and not share access with third parties;
• promptly notify the Owner of any unauthorized use of their account.

The Owner reserves the right to suspend or terminate User accounts at any time and for any reason, including breach of these Terms.

Users may delete their account at any time from the Application's settings, or by contacting the Owner at contact@momeats.app. Upon account deletion, all associated data will be removed in accordance with our Privacy Policy.

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

By using this Application, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;
• Users aren't located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country;
• Users aren't listed on any U.S. Government list of prohibited or restricted parties;

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner holds and reserves all intellectual property rights for any such content. Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application.

User-generated content

Users may create and share content within the Application, including meal photos and other food-related information. By submitting content, Users grant the Owner a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content within the Application and for promotional purposes.

Users retain ownership of their content and may request its removal at any time. The Owner reserves the right to remove any user-generated content that violates these Terms or is otherwise objectionable.

Users are solely responsible for the content they share and warrant that they have all necessary rights to share such content.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.

The Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner's legitimate interests;
• offend the Owner or any third party.

Subscriptions

This Application offers auto-renewing subscriptions that provide access to premium features. Subscriptions are managed through RevenueCat and processed via Apple In-App Purchases.

Subscription terms

• Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period.
• Payment is charged to the User's Apple ID account at confirmation of purchase.
• The renewal price is charged to the User's account within 24 hours prior to the end of the current period.

Cancellation

Users may cancel their subscription at any time through their Apple ID account settings or the App Store. Cancellation takes effect at the end of the current billing period — access to premium features continues until that date.

Refunds

All purchases are processed by Apple. Refund requests must be submitted directly to Apple in accordance with their refund policy. The Owner does not process refunds directly.

Liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner's sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Application is provided strictly on an "as is" and "as available" basis. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.

In no event shall the Owner be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner in the preceding 12 months.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from User's use of and access to the Service, User's violation of these Terms, User's violation of any third-party rights, or any content submitted from User's account.

Common provisions

No Waiver

The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Users may also reach the Owner through the in-app live support chat, accessible from the Profile section of the Application.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.