1. Introduction and Acceptance of Terms

MenuMagic provides personalised weekly meal plans and shopping lists for registered users (collectively, the "Licensed Application"). By creating an account, you declare that you have read, understand, and accept these Terms. You also acknowledge that these Terms are concluded solely between you and MenuMagic, and not with Apple. The license granted is limited and non-transferable, allowing you to use the Licensed Application on Apple devices you own or control, as permitted by Apple's Media Services Usage Rules. The application may also be accessed by other accounts associated through "Family Sharing" or volume purchases.

2. Eligibility

By using our Service, you declare that you are at least 18 years old or have the consent of a legal guardian, and are legally able to accept these Terms.

3. Account Registration and Management

To use MenuMagic, you must create an account and provide accurate, up-to-date, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account. You may not use an offensive, vulgar, or obscene username. MenuMagic reserves the right to terminate accounts that provide false or misleading information. You must inform us immediately in case of security breaches or unauthorised uses of your account. MenuMagic is solely responsible for maintenance and support related to the Licensed Application. Apple has no obligation to furnish any maintenance or support services. For assistance, contact support@menumagic.ai.

4. Free Trial and Subscription

• 14-Day Free Trial: New users can access MenuMagic features free of charge for 14 days. If you do not cancel the trial within this period, the subscription will automatically renew to a paid monthly plan.
• Subscription Terms: At the end of the free trial, a paid monthly subscription will start automatically unless previously cancelled. Fees are billed monthly and include access to MenuMagic for the following month.
• Promotional Rates: MenuMagic may offer discounts or promotions at its discretion, subject to change.
• Cancellation: You can cancel your subscription at any time without penalties. MenuMagic does not offer refunds, including partial refunds for mid-cycle cancellations. Once cancelled, you will retain access until the end of the current billing cycle.

5. User Conduct

Users agree to use the Service only for lawful purposes. Prohibited conduct includes, but is not limited to:

• Uploading, sharing, or distributing illegal, harmful, or rights-infringing content.
• Attempting to interfere with the functionality of the Service or compromise its security.

6. Data Collection and Use

You agree that MenuMagic may collect and use technical data and related information — including but not limited to device, system, and application software data and peripherals — gathered periodically to facilitate software updates, support, and other services related to the Licensed Application. MenuMagic may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide you with services or technologies. Personal data is processed in accordance with our Privacy Policy.

7. Intellectual Property

MenuMagic holds all intellectual property rights concerning the Licensed Application, including trademarks, designs, logos, content, functionalities, and features. In case of third-party claims that the Licensed Application or your possession and use of it infringe on others' intellectual property rights, MenuMagic, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of such claims. You declare and guarantee that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

8. Feedback and Suggestions

We welcome feedback, and users are encouraged (though not obligated) to provide comments, suggestions, or other feedback regarding the Service ("Feedback"). By submitting Feedback, you acknowledge and agree that such contributions do not grant you any rights, title, or interest in the Service or in the Feedback itself. All Feedback becomes the exclusive property of MenuMagic, and MenuMagic may use and disclose the Feedback for any purpose without further notice or compensation.

9. Disclaimer of Warranties

You acknowledge and agree that the use of the Licensed Application is at your sole risk. To the maximum extent permitted by applicable law, the Licensed Application and any services are provided "as is" and "as available", with all faults and without warranty of any kind. MenuMagic is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively excluded. In case of non-conformity of the Licensed Application with an applicable warranty, you can notify Apple and Apple will refund the purchase price to the affected user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Licensed Application. MenuMagic, and not Apple, is responsible for handling any claims from you or third parties relating to the Licensed Application or the possession and/or use of it, including, without limitation: (i) product liability claims; (ii) claims of non-compliance with applicable legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy, or similar.

10. Limitation of Liability

To the extent not prohibited by law, MenuMagic shall not be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise), even if MenuMagic has been advised of the possibility of such damages. In no event shall MenuMagic's total liability to you exceed fifty U.S. dollars (50.00 $).

11. Termination

MenuMagic reserves the right to suspend or terminate your account for any violation of these Terms or for any behaviour that, in our judgment, harms the Service or its users. Account deletion is permanent and will result in the termination of access to any active subscription. Remaining time on the subscription will not be refunded.

12. Governing Law and Dispute Resolution

If you are a citizen of a European Union country or Switzerland, Norway, or Iceland, the applicable law and jurisdiction will be those of your habitual place of residence. For all other users, these Terms and the relationship between you and MenuMagic are governed by the laws of the State of California, excluding its conflict of law provisions. You and MenuMagic agree to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California, for the resolution of any disputes or claims arising from this Agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13. Contact Information

For any questions, complaints, or claims regarding the Licensed Application, contact us at support@menumagic.ai.

14. Export Controls

You may not use, export, or re-export the Licensed Application except as authorised by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) to any countries that are subject to a U.S. Government embargo, or (b) to anyone listed on the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Commerce Department's Denied Persons/Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list.

15. Commercial Products

The Licensed Application and its documentation are "Commercial Items" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, if applicable. The Software and Documentation are licensed to U.S. Government users (a) only as Commercial Items and (b) with the same rights granted to all other users, pursuant to these Terms.

16. External services

The Licensed Application may enable access to MenuMagic's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. MenuMagic is not responsible for examining or evaluating the content or accuracy of third-party External Services and is not liable for any such third-party services. Data displayed by any Licensed Application or External Service is for general informational purposes only and is not guaranteed by MenuMagic or its affiliates. You will not use the External Services in a manner inconsistent with these Terms nor in violation of MenuMagic’s or any third party’s intellectual property rights. MenuMagic reserves the right to change, suspend, remove, disable, or impose access restrictions or limitations on any External Service at any time without notice or liability.

17. Health Disclaimer

MenuMagic is not a medical device and does not provide medical, nutritional, or health advice. Calorie targets, nutritional values, and related information shown in the application are estimates based on information provided by the user and on third-party databases, and may be inaccurate or incomplete. They are provided for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician or another qualified health professional before starting a diet or weight-management programme, especially in case of pregnancy, breastfeeding, a medical condition, or a history of disordered eating. Never disregard professional medical advice because of information provided by MenuMagic.