MYEATS TERMS OF USE (TERMS OF SERVICE)

Effective Date: January 22, 2026

These Terms of Use (these “Terms”) govern your access to and use of the MyEats website, mobile applications, and related services (collectively, the “Services”). The Services are provided by MyEats, Inc. and its affiliates (“MyEats,” “we,” “us,” or “our”).

KEY POINTS SUMMARY (FOR CONVENIENCE ONLY)

This summary is provided for convenience and does not modify these Terms. If there is any conflict between this summary and the Terms, the Terms control.

• Eligibility: The Services are for users who are at least 18 years old.
• Subscriptions: Premium Services auto-renew unless cancelled before the end of the current billing period.
• Health Disclaimer: The Services provide general informational guidance only and are not medical advice.
• Content and Data: You retain rights to your User-Generated Content, but you grant MyEats a broad license to use it to operate and improve the Services, subject to the Privacy Policy.
• Acceptable Use: You may not scrape, disrupt, reverse engineer, or commercially exploit the Services except as expressly permitted.
• Disputes: Most disputes must be resolved through informal dispute resolution first, and then individual binding arbitration (not class actions), unless you timely opt out of arbitration.

1. ACCEPTANCE OF TERMS; OTHER POLICIES; LANGUAGE

1.1 Acceptance of the MyEats Terms

By accessing or using the Services, registering for an account, or otherwise indicating your agreement, you agree to be bound by:

1. these Terms;
2. our Privacy Policy (the “Privacy Policy”); and
3. our Community Guidelines (the “Community Guidelines”),

collectively, the “MyEats Terms.”

If you do not agree to the MyEats Terms, you may not access or use the Services.

1.2 Authority to Enter into These Terms

You agree that the agreement formed by the MyEats Terms is like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary rights, power, and authority to enter into these Terms and to perform your obligations under them.

1.3 Compliance with Law

You represent and warrant that you have verified, in your jurisdiction, that your use of the Services is permitted. You agree to use the Services in compliance with all applicable laws, rules, and regulations, and that any information you provide in connection with the Services is true, accurate, and complete to the best of your knowledge and belief.

1.4 Changes to the MyEats Terms

MyEats may update the MyEats Terms at any time in its sole discretion. We will provide advance notice of material changes as required by applicable law. By continuing to access or use the Services after we provide notice of changes, you agree to the updated MyEats Terms. If you do not agree to the updated MyEats Terms, you must stop using the Services and delete your account.

1.5 Language

The MyEats Terms are written in English. To the extent a translated version conflicts with the English version, the English version controls.

2. DEFINITIONS

For purposes of the MyEats Terms:

• “App(s)” means the MyEats mobile application(s).
• “App Provider” means a third-party app store provider, such as Apple App Store or Google Play.
• “Commercial Tools” means certain products and services we may provide through MyEats-branded tools for website owners (e.g., APIs), as expressly designated by MyEats from time to time.
• “Content” means all content and materials made available through the Services, including images, designs, graphics, text, information, data, nutritional information, lists, recipes, meal plans, software, scripts, and other files, and their selection and arrangement.
• “MyEats Content” means all Content that is not User-Generated Content.
• “Premium Services” means paid versions of the Services offered by MyEats (e.g., Premium Subscriptions, Premium+ Subscriptions, and other premium offerings made available from time to time).
• “User-Generated Content” means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted. “User-Generated Content” includes “Feedback” (defined in Section 7.6).

3. ELIGIBILITY; REGISTRATION; ACCOUNTS

3.1 Eligibility (18+ Only)

You must be at least 18 years old to use the Services. No individual under the age of 18 may use the Services or provide us with personal information.

We implement technical measures intended to prevent individuals under the age of 18 from creating an account or otherwise using our Services. If we become aware that an individual under 18 may have provided us with personal information, we will investigate and, if applicable, take steps to remove the data and delete that individual’s account.

3.2 Account Registration and Accurate Information

You may need to register for a MyEats account to access or use the Services. When you create an account, you agree to provide accurate and complete information and keep that information up to date.

3.3 One Account; Account Security

You agree to create only one account for your personal use and not share your account with others. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.4 Suspected Unauthorized Use

Please notify our Support Team promptly of any actual or suspected loss, theft, or unauthorized use of your account or account password.

3.5 Account Deletion

You may delete your account at any time. If you delete your account, it usually cannot be recovered.

Important: Depending on how you subscribed, deleting your account may not automatically cancel your Premium Services subscription. See Section 5.5.

4. THE SERVICES; UPDATES; CHANGES TO THE SERVICES

4.1 The Services

The Services may include features related to food logging, nutrition tracking, meal planning, wellness guidance, and other tools and content. Not all Services are available in all geographic areas or jurisdictions.

4.2 Updates

We may provide updates (including automatic updates) for the Services, which may include upgrades, changes, modifications, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Certain portions of the Services may not operate properly if you do not install Updates. The MyEats Terms apply to all Updates.

4.3 Changes, Suspension, and Discontinuation

We may change the Services at any time, including by:

1. terminating, eliminating, supplementing, modifying, adding, or discontinuing any Content, feature, data, or service;
2. changing the software or other equipment required to use and access the Services; or
3. changing prices for the Services (including Premium Services), if applicable.

To the maximum extent permitted by applicable law, we are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services or any items available through the Services.

4.4 Feature Dependencies on Third Parties

Certain aspects of the Services may depend on third parties (e.g., grocery integrations). Those third parties may discontinue services to us at any time, and as a result we may no longer be able to provide related features. We are not responsible for any third-party action or inaction or any resulting impact to the Services.

4.5 Service Limits

We may impose limits on certain Services or restrict your access to part or all of the Services without notice or liability, subject to applicable law.

5. PREMIUM SERVICES; BILLING; AUTO-RENEWAL; TRIALS

5.1 Premium Services Generally

We may offer Premium Services for a fee. Premium Services provide access to enhanced content, features, and functionality. We may change Premium Services at any time, including the features available in each Premium Service. Premium Services that are described as “without ads” may still contain limited commercial content, such as sponsored product recommendations.

5.2 Signing Up; Payment Method Authorization

By signing up for and using Premium Services, you agree to pay all applicable fees, including ongoing subscription fees.

When you sign up, you must provide a payment method (e.g., credit card or a third-party platform such as an App Provider) (your “Payment Method”). You expressly authorize us and certain third-party service providers to receive, store, and encrypt your payment information as necessary to process payments.

5.3 Billing; Fees; Refunds

You may be able to purchase Premium Services on a monthly or annual basis. Unless otherwise stated, fees are billed automatically to your Payment Method at the start of each billing cycle.

All purchases of Premium Services are final and non-refundable, except:

1. where required by applicable law; or
2. at our sole discretion.

Our ability to provide refunds may be restricted or otherwise constrained by App Providers or other third parties.

If you reside outside the United States, you may be entitled under applicable law to change your mind and receive a full refund within fourteen (14) days of signing up.

5.4 Auto-Renewal

Premium Services subscriptions automatically renew unless you cancel before the end of the then-current subscription period. Subscription fees will be billed automatically at the start of each renewal period.

5.5 Cancellation and Downgrades

• If you subscribed through an App Provider (e.g., Apple App Store or Google Play), you must cancel through that App Provider.

Cancellations and downgrades take effect at the end of the current billing period, and you will retain access to the applicable Premium Services through the end of that billing period. When your subscription ends, your account will remain and become a free account.

Important: Deleting your account may not cancel your subscription, depending on the platform where you subscribed. You must cancel through the App Provider where you signed up. Deleting the App from your device also does not cancel your subscription.

5.6 Free Trials and Test Periods

We may offer free trials of Premium Services (“Free Trials”). To sign up for a Free Trial, you may be required to provide a Payment Method. You will not be charged until the Free Trial ends.

Unless you cancel before the end of the Free Trial, your Premium Services access will automatically continue and you will be billed using the Payment Method you provided.

Once you cancel a Free Trial and receive confirmation, you may not be able to resume the Free Trial even if unused. You may not sign up for more than one Free Trial of the same Premium Service at the same time.

We may also offer temporary access to certain Premium features at no charge for a limited time. We have no obligation to continue such access if you do not subscribe.

5.7 Discount, Coupon, or Gift Codes

Discount, gift, and coupon codes:

1. may only be applied when initially subscribing to Premium Services and generally only to accounts not already subscribed;
2. cannot be combined with other promotions unless expressly permitted;
3. cannot be exchanged, refunded, replaced, or redeemed for cash; and
4. may require a Payment Method to redeem.

You are responsible for using codes before they expire. Expired codes cannot be refunded or extended. You are also responsible for cancelling before the end of any free or discounted period if you do not wish to continue at regular price. We may cancel or modify promotions at any time.

5.8 Nonpayment; Termination of Premium Services

If you do not pay fees due, we may attempt to notify you and resolve the issue, but we reserve the right to disable or terminate your access to Premium Services (and may do so without notice), subject to applicable law.

5.9 Price Changes; Pricing Errors

To the maximum extent permitted by applicable law, we may change prices for Premium Services at any time. We will provide reasonable notice of pricing changes. If you do not wish to pay the new prices, you must cancel before the change takes effect. If you do not timely cancel, price changes may take effect at the start of the next subscription period, and continued use constitutes acceptance.

We also reserve the right to correct pricing or promotional errors (including shipping charges, availability, or other information, if applicable).

6. HEALTH AND SAFETY DISCLOSURES

6.1 General Information Only; Consult a Professional

The Services provide health and weight management information and guidance only. You should seek the advice of a physician or other qualified medical professional with any questions you may have regarding your health before beginning dietary programs, exercise regimens, or any other wellness activities referenced in the Services.

If you are being treated for a health condition, taking prescription medication, or following a therapeutic diet, consult your physician before using the Services. If information from the Services conflicts with your physician’s advice, you should follow your physician’s advice.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE OR ATTENTION BECAUSE OF CONTENT PRESENTED IN THE SERVICES.

6.2 Not Medical Advice; No Doctor-Patient Relationship

The Services (including Content) are provided for general informational purposes only. MyEats is not a medical professional or medical organization and does not provide medical services or medical advice. The Services are not intended for diagnosis or treatment of diseases or other medical conditions, or for cure, mitigation, treatment, or prevention of any disease or medical condition.

Use of the Services or communication with MyEats does not create a doctor-patient relationship.

6.3 Assumption of Risk

Exercise and wellness activities involve inherent risks of bodily injury, death, or property damage. You voluntarily assume all known and unknown risks associated with such activities.

6.4 Allergies and Food Safety

Premium Services may provide specialized Content, including meal planning. While we may attempt to avoid recommending foods you indicate you are allergic to, we may not have sufficient information about ingredients.

YOU ARE SOLELY RESPONSIBLE FOR KNOWING YOUR ALLERGIES AND VERIFYING PRODUCTS AND CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING PRODUCTS.

6.5 Healthy Weight Loss and Eating Behaviors

We support steady and sustainable approaches to weight management and do not condone dangerously low levels of eating. Any use of the Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted. If the Services are not appropriate for you, please do not use them.

6.6 Accuracy of Content; User-Generated Content; Food Database; AI/ML Outputs

We make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any Content and do not commit to updating Content.

User-Generated Content (including advice or statements about food, nutrition, dietary guidance, exercise, training guidance, athletic activities, or exercise database entries) is not produced by MyEats and should not be relied upon. The user who provided the User-Generated Content is solely responsible for it.

MyEats’s food database (the “Food Database”) includes nutritional information entered by MyEats and by users. Users can contribute to or edit nutritional information. Nutritional information may not be reviewed by qualified experts. MyEats does not guarantee the accuracy, completeness, or usefulness of nutritional information or ingredients in the Food Database.

WE EXPLICITLY DISCLAIM RESPONSIBILITY FOR FOOD SAFETY, ALLERGENS, OR CONTRAINDICATIONS TO MEDICATIONS.

Portions of the Services and Content may be created or delivered using proprietary or third-party technologies such as artificial intelligence or machine learning systems, including third-party large language models. Such technologies and their output may contain errors or misleading information and may perpetuate biases. MyEats does not guarantee the accuracy, completeness, or usefulness of such output and bears no liability to you with respect to your use of such technology or its output, to the maximum extent permitted by applicable law.

7. USER-GENERATED CONTENT; FEEDBACK

7.1 Ownership of User-Generated Content

You retain any rights you may have in User-Generated Content you provide, subject to the licenses granted in these Terms and subject to the Privacy Policy.

7.2 License You Grant to MyEats

When you provide User-Generated Content through the Services, you grant MyEats and our users a perpetual, non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, copy, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, reformat, reorganize, translate, excerpt, exploit (commercially or otherwise), create derivative works of, and otherwise process such User-Generated Content in connection with any and all Services, in all media and distribution methods now known or later developed.

You acknowledge and agree that:

1. we may arrange the posting of User-Generated Content as we choose;
2. we are not obligated to provide credit for User-Generated Content; and
3. you are not entitled to compensation in connection with our use of User-Generated Content.

Notwithstanding the foregoing, we will not use your User-Generated Content in a manner inconsistent with the Privacy Policy.

7.3 Monitoring and Removal

We may (but are not obligated to) monitor, review, prescreen, edit, redact, modify, reorganize, recategorize, or remove User-Generated Content, and may archive or store it. We may remove, modify, or restrict access to User-Generated Content at any time for any reason, including content we believe violates these Terms, the Community Guidelines, or other policies.

You understand that even after removal, User-Generated Content may remain viewable to others and may have been copied or stored by other users or the public.

7.4 Your Representations and Warranties

By providing User-Generated Content, you represent and warrant that:

1. you are the creator and owner of the User-Generated Content or otherwise have all rights, permissions, and consents necessary to provide it and grant the license described in Section 7.2; and
2. your User-Generated Content and other information you provide do not infringe, misappropriate, or otherwise violate intellectual property rights, privacy rights, or other proprietary rights of any third party.

7.5 Respect for Others’ Rights

You agree to respect the intellectual property and other rights of others.

7.6 Feedback

If you provide feedback, comments, ideas, proposals, or suggestions for improvements to the Services (“Feedback”), that Feedback is considered User-Generated Content and is subject to this Section 7.

8. INTELLECTUAL PROPERTY; LICENSES

8.1 MyEats Content and the Services
MyEats Content and all copyrights, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) in the Services and MyEats Content are owned by MyEats and/or its licensors. Any unauthorized use is prohibited. Except as expressly stated, no license (express or implied) is granted to you, and all rights are reserved. ALL RIGHTS RESERVED.

8.2 License We Grant to You
Subject to your compliance with the MyEats Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and MyEats Content for your personal, noncommercial purposes.
You may not copy, modify, create derivative works from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer, or otherwise commercially exploit any right in the Services or MyEats Content, except as expressly permitted by the MyEats Terms or by functionality of the Services.
If open source or third-party code is incorporated in the App, that code is covered by the applicable open source or third-party license, if any.

9. ACCEPTABLE USE; RESTRICTIONS; PROHIBITED CONDUCT

9.1 Lawful Use

You may use the Services only for lawful purposes.

9.2 No Derivative Works or Unauthorized Copying

Except as expressly permitted by applicable law or specifically authorized by MyEats in writing, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or any MyEats Content, in whole or in part. You may not download, copy, or save MyEats Content except as permitted by the Services’ functionality.

9.3 No Commercial Use Except Commercial Tools

The Services (other than Commercial Tools) are intended only for your personal, non-commercial use. You may not collect, harvest, or use any Content, data, or information made available through the Services for purposes not explicitly authorized by us, including commercial exploitation, competitive analysis, or research and development of products or services.

You may not use the Services (other than Commercial Tools) to sell products or services, increase traffic to a website for commercial reasons, or otherwise pursue revenue-generating endeavors. If you seek commercial use outside Commercial Tools, you must enter into a separate agreement with us in advance.

By using any Commercial Tools, you agree to the MyEats Terms and any additional terms applicable to those tools.

9.4 No Disruption

You may not perform or attempt to perform actions that:

1. interfere with or damage the proper operation of the Services (including unauthorized use, disruption, automated attacks, exploitation, or abuse of resources);
2. prevent access to or use of the Services by other users; or
3. impose an unreasonable or disproportionately large load on our infrastructure.

9.5 No Scraping or Automated Data Extraction

You may not engage in data mining or similar data gathering or extraction activities, or retrieve Content by accessing, monitoring, or copying Content using automated means (robots, spiders, crawlers, scrapers, indexing agents, or similar tools).

You may not bypass or attempt to bypass measures used to prevent or restrict access to the Services (including CAPTCHA, IP blocking, or authentication mechanisms).

You may not harvest, collect, or store personal information about other users (including email addresses) without their express consent.

9.6 No Harmful Code

You may not post, transmit, input, upload, or otherwise provide any materials containing viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful code.

9.7 Enforcement

We may investigate and take appropriate action for violations of this Section 9, including removing content, suspending or terminating accounts, and reporting suspected unlawful activity to law enforcement, consistent with applicable law.

10. THIRD-PARTY SERVICES; SOCIAL LOGINS; MOBILE SERVICES; APP PROVIDERS

10.1 Third-Party Services
The Services may link to, interact with, or be available on third-party services or products (“Third Party Services”). Different terms and privacy policies may apply to Third Party Services. We are not responsible for the accuracy, availability, or reliability of Third Party Services or any content, goods, data, opinions, advice, or statements made available through them. Your access to Third Party Services is at your own risk.

10.2 Social Networking Services
You may be able to log in via third-party services (e.g., Google, Apple) (“Social Networking Services”). To use these features, you may need to authenticate or log in on the third party’s platform. Social Networking Services may provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with the Privacy Policy.

10.3 Third-Party Products and Purchases
Third Party Services may offer apps, retail services, health-related services, fitness services, devices, connected devices, or other products and services. If you access these Third Party Services, you may be asked to log in or sync accounts. You are not obligated to use Third Party Services, and you do so at your own risk.
If a Third Party Service allows you to purchase goods or services (e.g., grocery stores, gyms), MyEats is not responsible for those purchases.

10.4 Mobile Services
To use the App, you need a compatible device. We do not guarantee compatibility or availability on your device. Your mobile carrier’s messaging, data, and other rates and fees apply.

10.5 App Providers
If the App is made available through an App Provider, these Terms are an agreement between you and MyEats, not the App Provider. As between MyEats and the App Provider, MyEats is solely responsible for the App. Your use of the App must comply with the App Provider’s applicable terms and conditions.
The App Provider has no obligation to provide maintenance or support services and has no warranty obligations. The App Provider and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the App.

11. COPYRIGHT COMPLAINTS; DIGITAL MILLENNIUM COPYRIGHT ACT

11.1 Notice of Copyright or Trademark Infringement

If you believe User-Generated Content or MyEats Content infringes copyright or trademark under U.S. or other national law, please notify us. We investigate allegations of infringement brought to our attention.

11.2 DMCA Notice Requirements (U.S.)

Pursuant to the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)), please provide:

• Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works).
• Identification of the allegedly infringing material and its location, with sufficient detail for us to locate and verify it.
• Contact information for the notifying party, including name, address, telephone number, and email (if available).
• A statement of good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information is accurate and, under penalty of perjury, that the notifying party is the copyright owner or authorized to act on the owner’s behalf.
• A physical or electronic signature of the copyright owner or authorized representative.

Your notice must be signed and addressed to:
Entity Protect Registered Agent Services LLC
401 Broadway Ste 100
Tacoma, WA 98402-3900
Attn: DMCA Requests

11.3 Additional Information; Misrepresentations

Some information in a notice may be forwarded to the user who posted the allegedly infringing content. In the U.S., any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability under Section 512(f) of the DMCA.

12. TERMINATION; SUSPENSION

12.1 Termination by You
You may stop using the Services at any time. You may delete your account as described in Section 3.5.

12.2 Suspension or Termination by MyEats
To the maximum extent permitted by applicable law, we may suspend or terminate your access to the Services (including Premium Services) or your account at any time for any reason, including if we believe you violated the MyEats Terms, the Community Guidelines, or applicable law.

12.3 Effect of Termination
Upon termination, your right to access and use the Services will cease. Sections that by their nature should survive termination will survive, as described in Section 12.4.

12.4 Survival
Without limiting any other provisions that survive by their nature, the following sections survive termination: Sections 6 (Health and Safety Disclosures), 7 (User-Generated Content; Feedback), 8 (Intellectual Property; Licenses), 9 (Acceptable Use; Restrictions), 10 (Third-Party Services), 11 (Copyright/DMCA), 13 (Disclaimers of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16 (Governing Law), 17 (Dispute Resolution), and 19 (Miscellaneous).

13. DISCLAIMERS OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, MYEATS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHERE IMPLIED WARRANTIES CANNOT BE EXCLUDED, THEY WILL BE LIMITED TO THE SHORTEST DURATION AND MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY BY JURISDICTION.

Without limiting the foregoing, to the maximum extent permitted by applicable law:

• we do not warrant the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of the Services or any Content;
• we do not warrant that the Services will meet your requirements or provide specific results;
• we do not warrant that the Services will be uninterrupted or free from viruses, errors, or other harmful elements; and
• we do not warrant that errors will be corrected.

Any advice provided by us does not create any warranty. User-Generated Content is provided by users and remains their responsibility; it does not create warranties by MyEats.
Any material downloaded or obtained through the Services is done at your discretion and risk. You are solely responsible for any damage to your device or loss of data resulting from such download.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MYEATS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
(A) ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES;
(B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
(C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES;
(D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER (INCLUDING DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT); AND/OR
(E) DAMAGES RELATING TO THIRD PARTY SERVICES OR THIRD PARTY CONTENT ACCESSED VIA THE SERVICES.

THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MYEATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYEATS’S TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS IS LIMITED TO THE GREATER OF:
(1) FIVE HUNDRED DOLLARS (US $500.00); OR
(2) THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S) IN THE PAST TWELVE (12) MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You acknowledge and agree that the warranty disclaimers and liability limitations reflect a reasonable allocation of risk and form an essential basis of the bargain between you and MyEats.

15. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold MyEats harmless from any and all liabilities, claims, demands, losses, or expenses (including reasonable accounting and attorneys’ fees) made by any third party due to or arising out of:
(a) User-Generated Content you access or share through the Services;
(b) your use of the Services;
(c) your activities in connection with the Services;
(d) your violation of the MyEats Terms; or
(e) your violation of any rights of any person or entity (including intellectual property, proprietary, privacy, or other rights).

We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense. You may not settle any such matter without MyEats’s prior written consent.

16. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the State of New York and applicable U.S. federal law, without regard to conflict of law principles, except as otherwise provided in Section 17 (Dispute Resolution).

17. DISPUTE RESOLUTION (ARBITRATION AGREEMENT; CLASS ACTION WAIVER)

17.1 Scope

This Section 17 applies to any dispute between you and MyEats arising out of or relating in any way to the MyEats Terms, the Services, your visit to the Services, our advertising or marketing, our privacy and data security practices, and any purchase, transaction, return, or other interaction with MyEats, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis (each, a “Dispute”).

This includes, without limitation:

• disputes that arose before this or any prior agreement;
• disputes that would otherwise be subject to pre-existing class action litigation for which you may be a putative class member; and
• disputes that may arise after termination of the MyEats Terms.

17.2 Provisional Remedies; IP Claims; Small Claims

This Section 17 does not preclude either party from seeking provisional remedies in aid of arbitration (e.g., to stay a court action, compel arbitration, or confirm an award) from a court of competent jurisdiction.
This Section 17 also does not preclude either party from seeking temporary restraining orders, preliminary injunctions, or similar relief, or from seeking relief in state or federal court for disputes relating to a violation or possible violation of MyEats’s intellectual property rights.
Either you or MyEats may bring a Dispute in small claims court consistent with applicable jurisdictional and dollar limits, but only by direct filing. A Dispute commenced in arbitration may not be secondarily directed to small claims court.

17.3 Survival

This entire Section 17 survives termination of these Terms, the parties’ relationship, and your use of the Services.

17.4 Mandatory Informal Dispute Resolution Process

Before initiating arbitration (or a lawsuit, where arbitration does not apply), you and MyEats must first attempt to resolve the Dispute informally.

(a) Good Faith Discussions; 60-Day Period
You and MyEats agree to engage in good faith pre-suit/pre-arbitration discussions for at least sixty (60) days (the “Informal Dispute Resolution Process”).

(b) Notice of Dispute
To start the Informal Dispute Resolution Process, the initiating party must send a written notice of dispute (a “Notice”) describing the facts and circumstances of the Dispute, the specific relief sought, and supporting documentation.

Your Notice must be mailed via certified or registered mail (with proof of receipt) to:
Entity Protect Registered Agent Services LLC
401 Broadway Ste 100
Tacoma, WA 98402-3900
Attn: Legal

We will send any Notice to you at your last-used billing address or the billing and/or shipping address in your online profile.

(c) Tolling
The statute of limitations and any filing-fee deadlines are tolled during the Informal Dispute Resolution Process.

(d) Condition Precedent
Completion of the Informal Dispute Resolution Process and expiration of the sixty (60) day period is a condition precedent to serving an arbitration demand or initiating a lawsuit (where arbitration does not apply). Any action commenced without completing this process is subject to dismissal at the initiating party’s cost.

(e) Telephone Conference
If MyEats requests a telephone conference as part of the Informal Dispute Resolution Process, you agree to personally participate (with counsel if represented).

17.5 Class Action Waiver; Jury Trial Waiver

YOU AND MYEATS AGREE THAT DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION.

You agree you will not be a member of any putative or actual class action brought by someone else against MyEats and will not seek to become a class representative. Any relief you seek must be confined to relief on your own behalf.
Except as otherwise provided in these Terms and to the fullest extent permitted by law, you and MyEats waive the right to a trial by jury and to litigate Disputes in state or federal courts of general jurisdiction.

Together, these terms operate as the “Class Action Waiver.”

17.6 Arbitration Agreement

You and MyEats agree that Disputes will be resolved through binding individual arbitration, rather than in court (the “Arbitration Agreement”).

(a) Governing Law; FAA
The Federal Arbitration Act (Title 9 of the United States Code) governs interpretation and enforcement of this Arbitration Agreement.

(b) Administrator; Rules
Any arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect when the arbitration is commenced. Information and forms are available at www.adr.org.

(c) Arbitrator Authority; Reasoned Award
The arbitrator has exclusive authority to resolve Disputes regarding interpretation, applicability, or enforceability of the MyEats Terms or formation of this contract, including arbitrability of any Dispute. The arbitrator will resolve issues regarding fees, procedures, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence, and criteria for demands and related pleadings, and will issue a reasoned award.

(d) Small Claims Option Waiver Under AAA Rule 9
You and MyEats agree to opt out of Rule 9 of the AAA Consumer Arbitration Rules and waive the right to return any Dispute to small claims court after the filing of an arbitration demand.

(e) Confidentiality
Confidential information disclosed in arbitration shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate an award. Any permitted court filing of confidential information must be under seal to the fullest extent permitted by law.

17.7 Special Procedures for Mass Filings

If an arbitration qualifies as a “Mass Arbitration” under AAA rules, the parties agree to be bound by the AAA Mass Arbitration Supplementary Rules effective January 15, 2024, as amended thereafter, and the following additional procedures (unless the parties jointly agree otherwise):

(a) Staged Selection (30 Disputes Total Per Stage)
Each party will select 15 Disputes (30 total) to proceed in individual arbitrations in the first stage. Each will be assigned to a different single arbitrator unless otherwise agreed. Remaining Disputes are not filed or deemed filed, and no arbitration fees will be assessed for them unless and until they are selected for a stage.

(b) Tolling
Any limitations period and filing-fee deadlines are tolled beginning when the Informal Dispute Resolution Process is initiated (provided the Notice complies with these Terms), until a Dispute is selected to proceed as part of the staged process or is otherwise resolved.

(c) Global Mediation After First Stage
After the initial stage concludes, the parties will promptly participate in a global mediation of remaining Disputes with a retired federal or state judge, and MyEats will pay the mediator’s fee.

(d) Continued Staging
If mediation does not resolve remaining Disputes, the parties will continue staging, arbitrating up to 30 Disputes at a time (15 selected by each party) until resolved.

(e) Mass Arbitrations Over 300 Disputes
In Mass Arbitrations with more than 300 Disputes total, either party may opt out of arbitration and elect to have the Disputes heard in court.

(f) Court Authority to Enforce
A court of competent jurisdiction may enforce this Section 17 and, if necessary, enjoin mass filing, prosecution, or administration of arbitrations and assessment of arbitration fees. If a court determines the additional mass procedures are unenforceable as to your Dispute, your Dispute will proceed in a court of competent jurisdiction consistent with the remainder of the MyEats Terms.

17.8 Time Limits

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THE ACTION IS PERMANENTLY BARRED.

For purposes of this provision, a Dispute is “commenced” when the Notice under Section 17.4 is sent. If a Dispute is filed without first providing the required Notice, it is deemed commenced at the time of filing.

17.9 Opt-Out of Arbitration

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS FROM THE EARLIER OF:
(1) THE DATE YOU FIRST ACCEPT THESE TERMS; OR
(2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH MYEATS THAT CONTAINED AN ARBITRATION PROVISION.

To opt out, you must send notice within the deadline by:
(a) email to contact@myeats.app; and/or
(b) certified or registered mail (postmarked by the deadline) to:
Entity Protect Registered Agent Services LLC
401 Broadway Ste 100
Tacoma, WA 98402-3900
Attn: Legal — Arbitration Opt-Out

Your opt-out notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and email address. This is the only way to opt out. Failure to comply strictly with this procedure and deadline renders the opt-out notice null and void. If you opt out, all other parts of Section 17 continue to apply.

17.10 Severability and Waiver (Dispute Resolution)

No waiver of any provision of the MyEats Terms will be considered a waiver of any other provision or of MyEats’s right to require strict observance of each term.

If any provision of the MyEats Terms is found unenforceable or invalid, that provision is severable and the remaining provisions remain in full force and effect. However, if the Class Action Waiver is found null and void as to an arbitration, then the Arbitration Agreement will not apply, and the Dispute will be subject to the jurisdiction of state and federal courts located in New York, New York, and you and we submit to personal jurisdiction and venue of those courts.

If for any reason a Dispute proceeds in court rather than arbitration:
(1) you and MyEats waive any right to a jury trial;
(2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and
(3) neither you nor MyEats may be a class representative or class member or otherwise participate in a class, representative, consolidated, or private attorney general proceeding.

18. INTERNATIONAL USERS

18.1 Data Transfers and Local Law Compliance

If you access the Services from outside the United States, you agree that certain information may be transferred to, stored in, and processed in the United States and/or other countries, subject to the Privacy Policy. You agree to comply with all local laws, rules, and regulations applicable to you, including laws where you reside and where you access the Services.

18.2 Sanctions and Export Controls

You represent and warrant that you are not:
(a) located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country; or
(b) listed on any U.S. Government list of prohibited or restricted parties (including the U.S. Treasury Department’s list of Specially Designated Nationals).

The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject MyEats or its affiliates to any registration requirement.

19. MISCELLANEOUS

19.1 Entire Agreement

The MyEats Terms constitute the entire agreement between you and MyEats regarding your use of the Services and supersede prior or contemporaneous communications and proposals, whether oral or written, between you and MyEats.

19.2 No Relationship

Nothing in the MyEats Terms creates any joint venture, partnership, employment, or agency relationship between you and MyEats.

19.3 Assignment

You may not assign, delegate, or otherwise transfer your account or obligations under the MyEats Terms without our prior written consent. We may transfer or assign all or part of our rights under the MyEats Terms and may delegate performance to third-party contractors.

19.4 Notices; Electronic Communications

We may provide notices to you by email, regular mail, or notices/links displayed in connection with the Services. You are responsible for keeping your contact information current. We are not responsible for your failure to receive notice due to email filtering (e.g., spam/junk folders) or outdated contact information.

Notice will be considered received forty-eight (48) hours after it is sent if transmitted by email or regular mail, or twenty-four (24) hours after it is first displayed in the Services if provided through in-Service notices/links.

19.5 Severability

If any provision of the MyEats Terms is held invalid by a court of competent jurisdiction, the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions remain in full force and effect.

19.6 No Waiver

Our failure to exercise or enforce any right or provision does not constitute a waiver of such right or provision. No waiver is effective unless in writing and signed by the waiving party.

19.7 Headings

Headings and section titles are for convenience only and do not define or explain any provision.

20. CONTACT US

If you have feedback, questions, or comments about the Services or the MyEats Terms, please contact our Support Team through the support resources available in the Services.

You may also contact us by mail at:
Entity Protect Registered Agent Services LLC
401 Broadway Ste 100
Tacoma, WA 98402-3900

Please include the subject line: “Attn: — MyEats Terms of Use.”

To help us address your request, include your full name, email address, postal address, and your message.