Terms of Service

Last updated: 20 July 2026

Welcome to Josh’s Food Journal

‘Josh’s Food Journal’ is owned and operated by Joshua Yan Ho Chan ABN 53 256 117 219 and in these terms we refer to ourselves, as (‘we’, ‘our’ or ‘us’) and we provide a mobile application for tracking and journaling food, focused on fitness enthusiasts known as ‘Josh’s Food Journal’ as described on our Website (App) available via the Apple App Store.

These terms and conditions (Terms) govern your access to the App and us providing you any other goods and services as set out in these Terms (Subscription). You can view the most updated version of our Terms at joshfoodjournal.com (Website).

Your Subscription is for the tiered package as selected by you and agreed between us by means of the Website (Subscription Tier).

Please note that your Subscription will continue to renew indefinitely, and you will continue to incur Subscription Fees, unless you cancel your Subscription in accordance with clause 16. If you purchased your Subscription through the App Store, you must cancel your Subscription through your Apple account or App Store subscription settings. If you have any issues cancelling your Subscription, please contact us using the contact details or form provided on our Website.

1. Reading and Accepting These Terms

Please have a careful read through these Terms before using the App. If you don’t agree to these Terms, please don’t use the App.
In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.
By clicking the button on our Website, ticking a checkbox or taking any other step on our Website or within the App to indicate your acceptance of these Terms, paying for your Subscription or otherwise accepting the benefit of any part of your Subscription after being given notice of these Terms, you agree to be bound by these Terms which form a binding contractual agreement between you the person acquiring a Subscription or the company you represent and are acquiring the Subscription on behalf of (‘you’ or ‘your’) and us.
We may change these Terms at any time by notifying you in accordance with these Terms and your continued use of the Solution following such an update will represent an agreement by you to be bound by the Terms as amended.

2. Eligibility

By accepting these Terms, you represent and warrant that:
1. you have the legal capacity and authority to enter into a binding contract with us; and
2. you are authorised to use the payment you provided when purchasing a Subscription.
The App is not intended for unsupervised use by any person under the minimum age rating applicable to the App in their region, or any person who has previously been suspended or prohibited from using the App. By using the App, you represent and warrant that you are either:
1. at least the minimum age required to use the App in your region; or
2. accessing the App with the involvement and consent of your parent or guardian.
Please do not access the App if you are under the minimum age required to use the App in your region and do not have your parent or guardian’s consent or if you have previously been suspended or prohibited from using the App.
If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “your” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Solution on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

3. Duration of Your Subscription

Your Subscription and these Terms commence on the date you agree to be bound by these Terms (as set out at the beginning of these Terms) and continues for the Subscription Period and any Renewal Periods applicable, unless terminated earlier in accordance with clause 16.
Subject to clause 3(c), upon expiration of the Subscription Period, this agreement will automatically and indefinitely renew on an ongoing basis for subsequent periods equal to the Subscription Period (Renewal Period).
This agreement will not automatically renew on expiry of the Subscription or Renewal Period (Renewal Date), if your Subscription is cancelled before the Renewal Date in accordance with the cancellation process made available by the relevant Online Payment Platform.
If your Subscription renews and you are charged Subscription Fees for a further Renewal Period, you may request cancellation or a refund within the Grace Period set out in clause 8.3.

4. Solution

4.1 Scope of Your Subscription and the Solution

We will provide you, to the extent described in your Subscription Tier, the App and the Documentation (Solution).
Your Subscription includes the benefits, limitations, usage allocations and feature access rights applicable to your Subscription Tier as set out on our Website, or as otherwise communicated to you when you subscribe for your Subscription (and as amended from time to time by notice to you).

4.2 Access

While your Subscription is maintained, we grant to you a non-exclusive, non-transferable licence to use the App and Documentation.

4.3 Enhancements

We may from time to time, in our absolute discretion, release enhancements to the App, meaning an upgraded, improved, modified or new version of the App (Enhancements). Any Enhancements to the App will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.
We may change any features of the Solution at any time on notice to you.

4.4 Support Services

We will provide general support where reasonably necessary to resolve technical issues with the App (Support Services). Unless otherwise agreed in writing:

we will take reasonable steps to provide Support Services where necessary (you must first endeavour to resolve any issues with the App internally and we will not assist with issues that are beyond our reasonable control);
we will use our best endeavours to respond to requests for Support Services and you acknowledge that we may not be available 24/7 or respond within a particular time frame; and
you will not have any claim for delay to your access to the App due to any failure or delay in Support Services.

5. Disclaimers

5.1 No Medical or Professional Advice

(No Substitute for Professional Advice) You acknowledge and agree that Josh’s Food Journal is a food journaling, nutrition tracking and self-monitoring tool only. It is provided for general informational and self-tracking purposes and is not a health or dietetic service, nutrition advisory service, fitness coaching service or substitute for professional advice.
(General Information Only) We do not provide medical, nutrition, fitness or other professional advice through the App. Any information including charts, summaries, nutrition calculations, food database entries, label scanning outputs, supplement logs, prompts, suggestions or other outputs made available through the App are general in nature only and are not intended to diagnose, treat, prevent, manage or cure any disease, condition, allergy, intolerance, deficiency, eating disorder or other health concern.
(Seek Advice) You should seek advice from a qualified health professional before relying on the App to make dietary, supplement, fitness, weight management, medical or health-related decisions, particularly if you have a medical condition, specific nutritional requirements, are pregnant, taking medication, or under the care of a health professional.

5.2 Nutrition Information and Label Scanning

The App may include a food database based on publicly available or national nutrition datasets and other information sources. From time to time, we may also add additional categories, serving information and other datasets to improve the way this information is displayed in the App.
However, while we take reasonable steps to transfer and display nutrition information accurately, we do not guarantee that any food database entry, nutrition value, serving size, category, scanned label result, AI-assisted output or other information in the App is accurate, complete, current or suitable for your circumstances.
(Scanning Tool) You acknowledge and agree that nutrition information may vary between products, brands, batches, serving sizes, preparation methods, countries and data sources. Label scanning, AI-assisted processing and automated extraction tools may also produce inaccurate, incomplete, outdated or misleading results. As a result, the App may not capture or display all relevant product information, including ingredient lists, allergens, warnings, preparation instructions, manufacturing information or other information that may be important to you.
(Verify Data) You are responsible for checking any important information against the original source, the product label or advice from an appropriately qualified professional before relying on it.

5.3 Allergies, Medical Conditions and Supplements

The App should not be used as your sole source of information for allergies, medical conditions, medication interactions, dietary restrictions, supplement use or other health-related requirements.
You are solely responsible for checking whether a food, ingredient, supplement or other product is safe and appropriate for you. We do not recommend, endorse or advise you to take any supplement, and we do not assess whether any supplement is safe, effective, appropriate or suitable for you.

5.4 Apple Health and Third-Party Information

If you choose to connect the App with Apple Health or any other third-party health or device service, the App may display, summarise or chart information made available through that service.
Any charts, summaries or visualisations are provided for general self-tracking purposes only. They are not clinical assessments, medical advice or professional recommendations. We do not guarantee that information received from Apple Health or any other third-party service is accurate, complete, current or suitable for your circumstances.

5.5 No Guaranteed Outcome

You acknowledge and agree that you use the App at your own risk. We do not guarantee that use of the App will result in any particular health, fitness, weight, nutritional, behavioural, performance or lifestyle outcome.
You are responsible for all decisions you make based on your use of the App, including any decision relating to your diet, supplements, fitness, health, lifestyle or medical care.

6. Data Storage, Syncing and Third Party Processing

6.1 On-Device Storage and iCloud Management

The App is designed so that your food journal, nutrition logs and any other information you enter into the App are stored on your device. Unless otherwise stated in these Terms, we do not operate a user account database for the App and we do not generally host, access or store your food journal data on our own servers.
Some App features, including AI-assisted or complex label scanning features, may require third-party or cloud-based processing as further described in clause 10. Where your device and operating system support it, that processing may occur through Apple’s Private Cloud Compute. Otherwise, it may occur through our third-party cloud processing providers. We do not guarantee that the Private Cloud Compute processing path will be available to you, and its availability may vary by device, operating system version, feature and region, and may change over time.
If you choose to enable iCloud syncing, backup or related Apple services, your App data may be synced, backed up or stored through Apple iCloud, CloudKit or other Apple related services. Those services are subject to your Apple account settings and Apple’s applicable terms and privacy policies.
You are responsible for maintaining your own device, device security, backups and access credentials. If you delete the App, reset your device, disable relevant Apple services, lose access to your device, or do not enable iCloud syncing or another backup method, you may permanently lose access to some or all information stored in the App.

6.2 Usage Metering and Subscription Verification

Although the App does not require you to create an account with us, we may use App Store subscription information, transaction identifiers, device-generated identifiers or other technical information to verify that you have a valid Subscription, manage access to paid features, meter usage of AI-assisted or cloud-processed features, apply usage limits, prevent abuse and maintain the security and integrity of the App.
This information may be stored by us or our service providers for as long as reasonably necessary for those purposes, including to verify subscriptions, resolve disputes, manage billing or refund issues, prevent misuse and comply with legal or record-keeping obligations.

6.3 Fair Use Policy and Usage Limits

Your use of the App, including any AI-assisted, label scanning, cloud-processed or high-volume features, may be subject to our fair use policy as published on our Website and updated from time to time (Fair Use Policy).
Under the Fair Use Policy, you must not use the App in a way that a reasonable person would consider to be unreasonable, excessive, abusive or inconsistent with ordinary personal use of the App. This includes, but is not limited to:
1. using AI-assisted, label scanning or cloud-processed features in a way that exceeds any usage allocation, request limit or fair use threshold that applies to your Subscription Tier;
2. attempting to bypass, manipulate or avoid usage limits, rate limits, subscription checks or other technical protection measures;
3. using automated tools, bots, scripts or other non-human methods to submit requests or access App features;
4. repeatedly submitting requests in a way that may affect the availability, stability, security or cost of operating the App; or
5. using the App for commercial, bulk, data extraction, benchmarking, model training or other purposes that are not ordinary personal use, unless we have agreed otherwise in writing.
If we reasonably consider that you have breached the Fair Use Policy, we may take reasonable steps to protect the App, our service providers and other users, including by applying usage limits, rate limits, temporary suspensions, feature restrictions or other technical controls. For serious or repeated breaches, we may suspend or cancel your access to the affected features or your Subscription, subject to any rights you may have under applicable consumer laws.
The full Fair Use Policy is available on our Website.

6.4 No Guarantee of Data Availability

Although the App is designed to allow you to store and access your information, we do not guarantee that your data will be available, recoverable or free from loss, corruption or error at all times.
To the maximum extent permitted by law, we are not responsible for loss, corruption, deletion or unavailability of data caused by your device, third-party services, software updates, user error, security incidents or events outside our reasonable control.

7. Client Obligations

7.1 Your Material

You agree to provide us with all documentation, information and assistance reasonably required by us to provide you with the Solution or the Support Services.
You warrant that all information, documentation and other Material you provide to us for the purpose of receiving the Solution is complete, accurate and up-to-date.
You release us from all liability in relation to any loss or damage arising out of or in connection with the Solution, to the extent such loss or damage is caused or contributed to by information, documentation or any other Material provided by you being incomplete, inaccurate or out-of-date.

7.2 Acceptable Use of the App

You acknowledge and agree that we will have no liability in respect of any damage, loss or expense which arises in connection with your breach of these Terms, and you indemnify us in respect of any such damage, loss or expense.
You must not, and must not encourage or permit any third party to, without our prior written approval:
1. upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material using the App;
2. upload any material that is owned or copyrighted by a third party;
3. make copies of the Documentation or the App;
4. adapt, modify or tamper in any way with the App;
5. remove or alter any copyright, trade mark or other notice on or forming part of the App or Documentation;
6. act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the App;
7. use the App in a way which infringes the Intellectual Property Rights of any third party;
8. create derivative works from or translate the App or Documentation;
9. publish or otherwise communicate the App or Documentation to the public, including by making it available online or sharing it with third parties;
10. integrate the App with third party data or software, or make additions or changes to the App, (including by incorporating APIs into the App) other than integrating in accordance with any Documentation or instructions provided by us in writing;
11. intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in connection with the App;
12. sell, loan, transfer, sub-licence, hire or otherwise dispose of the App or Documentation to any third party, other than granting a User access as permitted under these Terms;
13. decompile or reverse engineer the App or any part of it, or otherwise attempt to derive its source code;
14. except as otherwise agreed, upload commercial secrets to the App;
15. make any automated use of the Solution and you must not copy, reproduce, translate, adapt, vary or modify the Solution without our express written consent; or
16. attempt to circumvent any technological protection mechanism or other security feature of the App.
If you become aware of misuse of your Subscription by any person, any errors in the material on your Subscription or any difficulty in accessing or using your Subscription, please contact us immediately using the contact details or form provided on our Website.
You agree:
1. to comply with each of your obligations in these Terms;
2. that information given to you through the App by us is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
3. that we may cancel your access to the App at any time if we consider, in our absolute discretion, that you are in breach of, or are likely to breach, this clause 7.

8. Fees and Payment

8.1 Subscription Fees

You must pay subscription fees to us in the amounts specified on the Website for your Subscription Tier, or as otherwise agreed in writing (Subscription Fees).
All Subscription Fees must be paid in advance and are non-refundable for change of mind.
Unless otherwise agreed in writing, the Subscription Fees are due and payable on a recurring basis for the duration of your Subscription, with the first payment being due on the first day of the Subscription Period (or immediately after the expiry of any applicable free Subscription Tier period) and at the beginning of every Renewal Period thereafter.

8.2 Automatic Recurring Billing

Subject to clauses 8.3 and 8.4:

your Subscription will continue to renew on an automatic indefinite basis unless you cancel your Subscription in accordance with this clause 8;
while your Subscription is maintained, your Subscription Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you paid for your Subscription; and
by signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.

8.3 Grace Period

If you fail to cancel your Subscription prior to a Renewal Period and you are charged recurring charges, you may have up to 3 days from the date of that renewal to cancel your Subscription and request a refund, subject to the cancellation and refund process made available by the Online Payment Platform (Grace Period).

If you cancel your Subscription within the Grace Period and have any issues requesting a refund through the Online Payment Platform, please contact us via our Website to request a refund for any recurring fees charged to you during the Grace Period.

8.4 Changes to Subscription Fees

We may, from time to time, change our Subscription Fees and provide you with 30 days’ notice. During this time, you have the opportunity to cancel your Subscription.
If you do not cancel your Subscription within 30 days, you will be deemed to have agreed to pay the new Subscription Fees on the relevant date(s) for payment.
The Subscription Fees will be effective from the date specified in the notice or, if no date is specified, on your next billing date.

8.5 Late Payments

We reserve the right to suspend all or part of the Solution indefinitely if you fail to pay any Fees in accordance with this clause 8.

8.6 GST

Unless otherwise indicated, the Fees do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

8.7 Online Payment Platform

We may use an Online Payment Platform to process Subscription Fees and manage Subscriptions.
You are responsible for managing and cancelling your Subscription through the Online Payment Platform you used to purchase your Subscription. If you purchased your Subscription through the App Store, this means you must manage and cancel your Subscription through your Apple account or App Store subscription settings.
Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms, you acknowledge and agree that:
1. the processing of payments by the Online Payment Platform will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Platform, which can be found here: apple.com/au/legal/internet-services/itunes/au/terms.html;
2. you release us and our Personnel in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Platform, including any issue with security or performance of the Online Payment Platform’s App or any error or mistake in processing your payment; and
3. we reserve the right to correct, or to instruct our Online Payment Platform to correct, any errors or mistakes in collecting your payment.
You have the right to reject any terms and conditions of the Online Payment Platform. If you reject those terms, we cannot provide you with the Subscription and clause 16 will apply.

9. Intellectual Property

(Our ownership) Subject to any third-party rights, open-source licences or other rights expressly identified in the App, we retain ownership of all Materials provided to you throughout the course of your Subscription in connection with the App (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (App Content) and reserve all rights in any Intellectual Property Rights owned or licensed by us in the App Content not expressly granted to you.
(Licence to you) You are granted a licence to the App Content and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the App. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any App Content without prior written consent from us or as otherwise permitted by law.
(Third-party and open-source materials) The App may include or make use of third-party or open-source materials, including publicly available nutrition datasets. Those Materials remain owned by the relevant third-party owner or licensor and may be subject to separate licence terms, attribution requirements or other conditions identified in the App, Website or Documentation.

10. Third Party Software & Terms

10.1 Third Party Terms

If we are required to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (‘Third Party Terms’), including but not limited to:
1. Apple, such as:
  1. Apple Media Services Terms and Conditions;
  2. App Store Terms and Conditions; and
  3. Apple Intelligence and Private Cloud Compute terms, where those features are used.
2. Cloudflare;
3. Google Gemini; and
4. OpenAI.
Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms, you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we acquire as part of providing the Solution to you and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Solution to you and clause 16 will apply.

10.2 Third Party Software Integrations

You acknowledge and agree that issues can arise when data is uploaded to software, when data is transferred between different software programs, and when different software programs are integrated together, including Apple Health. We cannot guarantee that integration processes between the App and other software programs will be free from errors, defects or delay.
You agree that we will not be liable for the functionality of any third party goods or services, including any third party software, or for the functionality of the App if you integrate or sync it with third party software, or change or augment the App.

10.3 Notice Regarding Apple

If you are accessing the App from the Apple, Inc. (Apple) iOS App Store, you acknowledge and agree:

these Terms are between you and Josh’s Food Journal and not with Apple. Apple is not responsible for the App or any content available on the App;
Apple has no obligation whatsoever to furnish any maintenance and support services for the App;
in the event of any failure of Josh’s Food Journal to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Josh’s Food Journal’s responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the App, including, but not limited to:
1. product liability claims;
2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection, privacy, or similar legislation;
in the event of any third party claim that the App or your use of the App infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you represent and warrant that:
1. you are not 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; and
2. you are not listed on any U.S. Government list of prohibited or restricted parties;
you must comply with applicable third party terms of agreement when using the App; and
Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

11. Confidentiality

Except as contemplated by these Terms, a party must not, and must not permit any of its Personnel, use or disclose to any person any Confidential Information disclosed to it by the other party without the disclosing party’s prior written consent.
Each party must promptly notify the other party if it learns of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information.
The notifying party will investigate each potential, actual or suspected breach of confidentiality and assist the other party in connection with any related investigation.

12. Privacy

We collect personal information about you in the course of providing you with the Solution, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy which can be found on our Website.
Our Privacy Policy contains more information about how we use, disclose and store your personal information and details how you can access and correct your personal information.
By agreeing to these Terms, you agree to our handling of personal information in accordance with our Privacy Policy.

13. Warranties and Service Limitations

13.1 Warranties and Limitations

(Service Limitations) While we will use our best endeavours to ensure the Solution is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:
1. the Solution may have errors or defects;
2. the Solution may not be accessible at times;
3. messages sent through the Solution may not be delivered promptly, or delivered at all;
4. information you receive or supply through the Solution may not be secure or confidential; or
5. any information provided through the Solution may not be accurate or true.
(Warranties) We warrant that:
1. during the Subscription Period, the App will perform substantially in accordance with the Documentation;
2. during the Subscription Period, the Solution will be provided as described to you in, and subject to, these Terms; and
3. to our knowledge, the use of the App in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.
(Exclusion) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
(Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

14. Liability

14.1 Limitation of Liability

To the maximum extent permitted by law, and subject to clause 14.3, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you to us in the 3 months preceding the date of the event giving rise to the relevant liability.

14.2 Consequential Loss

To the maximum extent permitted by law, and subject to clause 14.3, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us except:

in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

14.3 Exclusion

Clauses 14.1 and 14.2 do not apply to your liability in respect of loss or damage sustained by us arising from your breach of clauses 4 (Solution), 7 (Client Obligations), 8 (Fees), 9 (Intellectual Property) or 11 (Confidentiality).

15. Upgrades and Downgrades

You may notify us that you would like to upgrade or downgrade your Subscription Tier at any time. If you do, we will:
1. take reasonable steps to promptly provide you with access to the new Subscription Tier; and
2. upon providing such access, charge the relevant Subscription Fees, from the Renewal Period immediately following the period in which your access to the new Subscription Tier was provided, and you will be charged at the new Subscription Fee in every subsequent Renewal Period.
If you choose to downgrade your Subscription, access to the new Subscription Tier and the new Subscription Fees will be effective at the start of the next Renewal Period, unless we notify you otherwise. We generally do not pro-rate downgrades in between Renewal Periods, however we reserve the right to do so from time to time.
If you choose to downgrade your Subscription, you acknowledge and agree we are not liable, and you release us from all claims in relation to, any loss of content, features, or capacity, including any User Data.

16. Cancellation

16.1 Cancellation at Any Time

Subject to clause 16.1(b), either party may cancel or terminate your Subscription for convenience by providing 10 Business Days’ notice to the other party.
Despite clause 16.1(a), you may cancel your Subscription at any time using the cancellation process made available by the Online Payment Platform. If you purchased your Subscription through the App Store, you are responsible for managing and cancelling your Subscription through your Apple account or App Store subscription settings. If you have any issues cancelling your Subscription, please contact us using the contact details or form provided on our Website.
If you cancel your Subscription, you may continue to have access to paid features until the end of your then-current Subscription Period, unless otherwise determined by the Online Payment Platform or required by applicable law.

16.2 Cancellation for Breach

Either party may cancel your Subscription immediately by written notice if there has been a Breach of these Terms.
A “Breach” of these Terms means:
1. a party (Notifying Party) considers the other party is in breach of these Terms and notifies the other party;
2. the other party is given 14 Business Days to rectify the breach; and
3. the breach has not been rectified within 14 Business Days or another period agreed between the parties in writing.

16.3 Effect of Termination

Upon termination of this agreement:

you may lose access to the App, paid features or any features associated with your Subscription Tier. We do not generally host or retain your food journal data on our own servers and we are not responsible for storing, backing up, exporting or recovering User Data after cancellation, termination or expiry of your Subscription;
unless agreed in writing, any unpaid Subscription Fees that would otherwise have been payable after termination for the remainder of the relevant Renewal Period will remain payable and, to the maximum extent permitted by law, no Subscription Fees already paid will be refundable; and
each party must comply with all obligations that are by their nature intended to survive the end of this agreement.

17. If the Parties Have a Dispute

A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

18. Force Majeure

We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.
If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
1. reasonable details of the Force Majeure Event; and
2. so far as is known, the probable extent to which we will be unable to perform or be delayed in performing our obligations under this agreement.
Subject to compliance with clause 18(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
For the purposes of this agreement, a ‘Force Majeure Event’ means any:
1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
2. strikes or other industrial action outside of the control of us;
3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
4. any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of us, to the extent it affects our ability to perform our obligations.

19. Notices

A notice or other communication to a party under these Terms must be:
1. in writing and in English; and
2. delivered via email to the other party, to the email address specified in the Order, or if no email address is specified in the Order, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
2. when replied to by the other party,
whichever is earlier.

20. General

20.1 Governing Law and Jurisdiction

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

20.2 Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

20.3 Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

20.4 Joint and Several Liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

20.5 Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

20.6 Entire Agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

20.7 Interpretation

(singular and plural) words in the singular includes the plural (and vice versa);
(currency) a reference to $; or “dollar” is to Australian currency;
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Definitions

Term	Definition
App	has the meaning given in the first paragraph of these Terms.
App Content	has the meaning set out in clause 9(a).
App Store	means Apple’s App Store, Apple Media Services, account subscription settings, in-app purchase system or any other Apple operated platform or process through which you download the App and otherwise purchase, manage or cancel your Subscription.
Confidential Information	means information of or provided by a party that is by its nature confidential information, is designated by that party as confidential, or that the other party knows or ought to know is confidential, but does not include information, which is or becomes, without a breach of confidentiality, public knowledge.
Documentation	means all manuals, help files and other documents supplied by us to you relating to the App.
Intellectual Property Rights	means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
Material	means tangible and intangible information, documents, reports, software (including source and object code), inventions, data and other materials in any media whatsoever.
Online Payment Platform	means any third-party online payment platform, app store, in-app purchase system or subscription management platform used to process Subscription Fees or otherwise manage your Subscription, including Apple’s App Store.
Personnel	means, in respect of a party, its officers, employees, contractors (including subcontractors) and agents.
Solution	has the meaning set out in clause 4.1.
Subscription	has meaning given in the first paragraph of these Terms.
Subscription Fees	has the meaning set out in clause 8 of these Terms.
Subscription Period	means the period of your Subscription to the Solution as agreed on the Website.
Subscription Tier	has the meaning given in the first paragraph of these Terms.
Support Services	has the meaning given in clause 4.4.
User	means you and any third party end user of the App who you make the App available to.
User Data	means any files, data, documents, information or any other Materials, entered, uploaded, scanned, generated or processed by you through the App, including food journal entries, nutrition logs, supplement logs, label scans and related information, whether stored on your device, synced through Apple services, processed through third-party services or otherwise provided to us in connection with the App, together with any Intellectual Property Rights you may have in those materials.
Website	means the website at the URL set out in the first paragraph of these Terms, and any other website operated by us in connection with the Solution.