These Terms of Use (hereinafter referred to as "these Terms") set forth the conditions for using the services (hereinafter referred to as "the Service") provided by "Hearth" on this application. These Terms constitute the end user license agreement (EULA) for the application. All users (hereinafter referred to as "Users") are expected to use the Service in accordance with these Terms.
The primary purpose of the Service is to plan a week of evening meals for the User. Based on the number of people the User cooks for, the nights on which they cook, their dietary restrictions and selected allergens, and their stated preferences as to cuisine, protein, budget, spice and cooking time, the Service selects a set of dinners for the week, provides a recipe for each of them with ingredient quantities scaled to the number of servings, presents indicative nutritional figures, and compiles the ingredients for the whole week into a single shopping list grouped by supermarket aisle. The Service also allows Users to replace an individual dinner, to keep dinners they liked in a list of favourites, to prevent dinners they turned down from appearing again, and to review plans from previous weeks. The Service plans evening meals only; it does not plan breakfast or lunch.
These Terms shall apply to all relationships between Users and the Company regarding the use of the Service.
In addition to these Terms, the Company may establish various rules and regulations (hereinafter referred to as "Individual Provisions") regarding the use of the Service. Regardless of their designation, these Individual Provisions shall constitute a part of these Terms.
In the event that the provisions of these Terms conflict with the Individual Provisions set forth in the preceding article, the Individual Provisions shall take precedence unless otherwise specified in the Individual Provisions.
The Service does not require the User to register a name, an email address or a password. An anonymous identifier is created automatically when the application is first opened, solely so that the User's preferences and plans can be stored and returned to them.
The Company may decline to provide, or may discontinue, the Service to any person who it determines falls under any of the following, and the Company shall have no obligation to disclose the reasons:
Because the anonymous identifier is held on the User's device, any person with access to that device can view the plans, preferences and shopping lists stored under it. Users shall manage their own device appropriately under their own responsibility.
The Company shall not be liable for any damage caused by a third party's use of the User's device, except in cases where the Company is found to have acted intentionally or with gross negligence.
Users shall not engage in any of the following activities when using the Service:
Activities that violate laws or public order and morals
Activities related to criminal acts
Activities that destroy or interfere with the functionality of the Company's servers or networks, or those of other Users or third parties of the Service
Activities that may disrupt the operation of the Company's services
Activities involving the collection or accumulation of personal information about other Users
Activities involving unauthorized access or attempts thereof
Activities involving automated, scripted or bulk use of the Service, or use of the Service by any means other than the application provided by the Company
Activities intended to circumvent the usage limits described in Article 9, or to obtain access to paid features without an active subscription
Activities involving the extraction, reproduction, redistribution or commercial exploitation of the dish, recipe, photographic or nutritional content provided by the Service
Activities that infringe upon the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Company, other Users of the Service, or third parties
Posting or transmitting content on the Service that contains, or is determined by the Company to contain, the following expressions:
Excessively violent expressions
Explicit sexual expressions
Expressions that lead to discrimination based on race, nationality, creed, gender, social status, family origin, etc.
Expressions that induce or promote suicide, self-harm, or drug abuse
Other antisocial content that causes discomfort to others
Activities that are intended for, or determined by the Company to be intended for, the following purposes:
Business, advertising, promotion, solicitation, or other commercial activities (except those approved by the Company)
Activities intended to harass or defame the Company or third parties
Activities intended to cause disadvantage, damage, or discomfort to the Company, other Users of the Service, or third parties
Activities that use the Service for purposes other than those intended by the Service
Other activities that the Company deems inappropriate
The Company may suspend or interrupt all or part of the Service without prior notice to Users if it determines that any of the following reasons exist:
When performing maintenance, inspection, or updates on the computer systems related to the Service
When the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
When computers or communication lines are stopped due to an accident
When an external service on which the Service depends becomes unavailable
When the Company otherwise determines that the provision of the Service is difficult
The Company shall not be liable for any disadvantage or damage suffered by Users or third parties due to the suspension or interruption of the Service.
All copyrights and other intellectual property rights in the dishes, recipes, photographs, nutritional information, text and design that make up the Service belong to the Company or to the rights holders who have licensed their use to the Company. Users are granted a personal, non-exclusive, non-transferable licence to use this content for their own domestic cooking and shopping. Users shall not reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making transmittable), transmit, distribute, publish, or commercially use such content without authorization.
The copyright in any text a User writes into the Service, such as a free-text preference note or a note added to a recipe, shall be reserved to that User. However, the Company may use such content to the extent necessary for providing and improving the Service, enhancing quality, and correcting deficiencies, and Users shall not exercise moral rights of authorship with respect to such use.
Users may only enter into the Service text for which they hold the necessary rights or for which they have obtained the necessary permission from the rights holders.
The Company may, without prior notice, delete stored data, restrict all or part of the use of the Service, or terminate a User's use of the Service if it determines that the User falls under any of the following:
If the User has violated any provision of these Terms
If there is a failure to fulfill payment obligations such as fees
If there is no response to contact from the Company for a certain period
If the Service has not been used for a certain period since the last use
If the Company otherwise determines that the use of the Service is inappropriate
If the User falls under any of the items in the preceding paragraph, the User shall automatically lose the benefit of time for all debts owed to the Company and shall immediately pay all outstanding debts in a lump sum.
The Company shall not be liable for any damage incurred by Users as a result of actions taken by the Company under this article.
Users may discontinue use of the Service at any time by deleting the application. Deleting the application does not itself cancel a subscription; subscriptions must be cancelled separately in the Apple ID account settings as described in Article 9. Requests for the erasure of stored data are handled as described in the Privacy Policy.
An active paid subscription is required to use the Service. Without one, no weekly plan can be created, and consequently no recipes and no shopping list are available. There is no free tier. Details of the subscription plans, prices, and billing periods are displayed within the application prior to purchase.
Subscriptions are auto-renewable subscriptions processed by Apple through the User's Apple ID account. Payment will be charged to the User's Apple ID account upon confirmation of purchase. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current billing period, and the account will be charged for renewal within 24 hours prior to the end of the current period.
Where a free trial is offered on a plan, the trial period is stated on the purchase screen before the User confirms the purchase. If the trial is not cancelled at least 24 hours before it ends, it converts automatically into a paid subscription at the price stated. Cancelling during the trial period incurs no charge. Any unused portion of a free trial period will be forfeited when the User purchases a subscription, where applicable.
Users may manage and cancel their subscriptions at any time in their Apple ID account settings. Canceling a subscription stops future renewals; fees already paid for the current billing period are non-refundable except as required by applicable law or Apple's policies. Refund requests are handled by Apple in accordance with Apple's terms and policies.
The Company may apply reasonable usage limits to individual features in order to keep the Service stable and to prevent abuse. The limit currently applied is a maximum of twenty translations of the free-text preference note in any twenty-four hour period. The Company may change these limits and will do so in a manner that does not deprive Users of the core features of the Service.
This article is the most important limitation of the Service and Users must read it in full before relying on the Service in any way.
The Service excludes dishes from a plan on the basis of the ingredients recorded against those dishes in the Company's own data, according to the dietary restrictions and allergens the User has selected. The Service does not inspect food, does not know which brand or product the User will buy, and does not know how any product was manufactured, processed, stored or transported.
The Service therefore cannot determine whether any food is safe for a person with a food allergy or intolerance. It cannot detect cross-contact, it cannot account for a facility that also handles other allergens, it cannot account for "may contain" advisory labelling, it cannot account for recipe changes made by a manufacturer, and it cannot account for substitutions the User makes when shopping or cooking. Ingredient data may contain errors or omissions, and a dish may be presented that contains, or has come into contact with, an ingredient the User has excluded.
Users with a food allergy, a food intolerance, coeliac disease, or any other condition in which a particular ingredient poses a risk to health must read the label on every product they buy and must not rely on the Service to establish that a meal is safe. The allergen and dietary filters are a convenience for planning and are not a safety mechanism. Users who are in any doubt must consult a qualified medical professional, and in the case of a suspected allergic reaction must seek emergency medical assistance without delay.
The nutritional figures shown by the Service are approximate values calculated from generic ingredient data. They are not measurements of the food the User actually prepares, they do not account for the specific products purchased, the portion actually served, or losses and gains during cooking, and they must not be used for any medical or clinical purpose, including but not limited to the management of diabetes, kidney disease, phenylketonuria, or any prescribed or therapeutic diet.
The Service does not provide medical, nutritional, dietetic or food-safety advice, and nothing it provides constitutes a diagnosis, a prescription, a treatment plan or a dietary prescription of any kind. Users following a diet for medical reasons, and Users planning meals for infants, for pregnant or breastfeeding people, for elderly people, or for anyone with a compromised immune system, must consult a qualified professional.
Recipes are instructions for cooking and involve heat, sharp implements and raw ingredients. Users are solely responsible for cooking food thoroughly, for observing safe temperatures for meat, poultry, fish and eggs, for storing and reheating leftovers safely, for observing the use-by dates of the products they buy, and for the safe operation of their own kitchen and equipment. Cooking times and temperatures given by the Service are indicative and vary with equipment; Users must satisfy themselves that food is properly cooked. Where the Service suggests keeping a portion for the following day, it is the User's responsibility to cool, store and reheat that portion safely.
Prices, availability and quantities in the shopping list are indicative. The Service does not know the User's local shops, does not check stock, and does not guarantee that the quantities suggested are correct for the products actually sold in the User's area.
The Company shall not be liable for any illness, injury, allergic reaction, adverse health outcome, financial loss, or other harm arising from actions taken on the basis of the plans, recipes, ingredient information, nutritional figures, or shopping lists provided by the Service. Users use the Service at their own risk and responsibility.
The Company does not warrant, either expressly or implicitly, that the Service is free from defects in fact or in law (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, and infringement of rights).
The Company shall not be liable for any damage incurred by Users arising from the Service, except in cases of intentional or gross negligence on the part of the Company. However, this disclaimer shall not apply if the contract between the Company and the User regarding the Service (including these Terms) constitutes a consumer contract as defined by the Consumer Contract Act.
Even in the cases set forth in the proviso of the preceding paragraph, the Company shall not be liable for any damage arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of damage) among damages incurred by Users due to the Company's negligence (excluding gross negligence) in breach of contract or tort. Furthermore, compensation for damages incurred by Users due to the Company's negligence (excluding gross negligence) in breach of contract or tort shall be limited to the amount of usage fees received from the User in the month in which the damage occurred.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence.
The Company shall not be liable for any transactions, communications, or disputes that arise between Users and third parties, including retailers, in connection with the Service.
The Company may change, add to, or discontinue the content of the Service with prior notice to Users, and Users shall consent to this. The set of dishes, recipes and photographs offered by the Service may change at any time, and the Company does not guarantee that any particular dish will remain available.
The Company may modify these Terms without obtaining individual consent from Users in the following cases:
When the modification of these Terms is in the general interest of Users.
When the modification of these Terms is not contrary to the purpose of the Service usage agreement, and is reasonable in light of the necessity of the modification, the appropriateness of the modified content, and other circumstances pertaining to the modification.
When modifying these Terms pursuant to the preceding paragraph, the Company shall notify Users in advance of the intent to modify these Terms, the content of the modified Terms, and the effective date of the modifications.
The Company shall handle personal information obtained through the use of the Service appropriately in accordance with the Company's "Privacy Policy."
Notices or communications between Users and the Company shall be made by the method prescribed by the Company. Inquiries from Users shall be sent to the contact address published on the Company's support page.
Users may not assign their contractual status or any rights or obligations under these Terms to a third party, or offer them as collateral, without prior written consent from the Company.
These Terms shall be governed by and construed in accordance with the laws of Japan.
In the event of any dispute arising in connection with the Service, the court having jurisdiction over the location of the Company's head office shall have exclusive agreed jurisdiction.