Terms of Service

These terms and conditions ("Terms") outline the rules for accessing and using the services provided by UpDiet ("we" or "us") through our websites and apps (collectively referred to as "UpDiet" or the "Service"). Please take the time to read these Terms carefully, and feel free to contact us if you have any questions. We may modify these Terms from time to time, and the most up-to-date version will always be available on our website. It's your responsibility to review them regularly to stay updated on any changes. Any translation provided is for convenience only. If there is any discrepancy in interpretation between the English version of these Terms and a translated version, the English version will take precedence. The original English text will be the only legally binding version. By accessing or using UpDiet, you agree to comply with these Terms. If you do not accept all of these Terms, you are prohibited from using the Service and should stop using it immediately.

Our platform is built to assist with weight loss and promote a healthier lifestyle for our users. To access the majority of our features, you will need to create an account.

You are not eligible to use the Service if you are under 18 years of age, pregnant, diagnosed with an eating disorder, or classified as underweight (as defined by the Centers for Disease Control and Prevention, a BMI under 18.5 is considered underweight). Additionally, individuals with any medical conditions specified in the form during the purchase of a diet plan are also ineligible to use the diet services we provide.

We are not a licensed medical service provider, and any information provided by us should not be interpreted as medical advice or construed to form a physician-patient relationship. Be sure to consult your doctor before starting UpDiet or any health or wellness service, and do not use UpDiet if you are experiencing a medical emergency. You are expressly prohibited from accessing or using the Service if doing so is against medical advice or could pose any health risk. In this context, you acknowledge that you assume full responsibility for your health, life, and well-being.

As part of our Service, we provide a food database that includes nutritional information, some of which is entered directly by us. However, we do not verify the accuracy of all the nutritional information in the database, so we recommend using your own judgment when evaluating the nutritional details provided.

Our Service is continuously evolving. We may make updates to the Service with or without prior notice. You acknowledge that we are not responsible to you or any third party for any changes, updates, suspension, or discontinuation of any part of the Service. Additionally, you may be required to update UpDiet's applications to maintain access to the Service through them.

By using the Service, you agree that all information you provide is truthful and accurate; and your use of the Service complies with all applicable laws, regulations, and these Terms. Failure to provide accurate information may affect the operation of the Service, and we may be unable to send you important notifications. You are responsible for all activity under your account. Since each account is personal, do not share your account with others. Inform us immediately if you suspect unauthorized access or any security breach related to your account. If we find that the information you provided is false, inaccurate, outdated, or incomplete, we may suspend or terminate your account. Do not create an account using false information or on behalf of someone else. You may choose to link your account with third-party applications or services. If you do, ensure that you are not violating any third-party terms. Any content from such third parties will be considered your User Content and will be subject to our Privacy Policy. The Service is protected by copyright laws worldwide. Subject to these Terms and our policies, and as long as you have an active account and purchased package, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the features and functionality of our Service included in your purchased package(including any add-ons purchased) during your package term. By using the Service, you agree to receive certain communications, including updates about the Service and periodic newsletters, which may be sent via email or SMS. You can opt out of non-essential communications by unsubscribing from our emails or opting out of SMS messages. Notwithstanding the foregoing, you agree that the Company may retain copies of all information and use such information as reasonably necessary for or incidental to its operation of the Service. We reserve the right to make changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that various actions by the Company may affect your access to the Service temporarily or permanently, and the Company is not responsible for any resulting issues, including the deletion or unavailability of content or services. The Company is not obligated to provide customer support but may offer support at its discretion. You are responsible for acquiring and paying for the equipment and telecommunications services necessary to access the Service, including computing devices, internet service providers, and any related charges.

Access the Service through automated means, including bots, scripts, or other non-human methods. Systematically collect data or other content from the Service to create a collection, compilation, database, or directory without our written permission. Make any unauthorized use of the Service. Modify, adapt, improve, enhance, translate, or create derivative works from the Service. Use the Service for any revenue-generating activity, commercial enterprise, or other purpose not intended by the Service. Make the Service available over a network or other environment where it can be accessed or used by multiple devices or users simultaneously. Use the Service to create a product, service, or software that competes with or substitutes the Service in any way. Utilize any proprietary information, interfaces, or intellectual property of ours in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service. Circumvent, disable, or interfere with security-related features of the Service. Engage in unauthorized framing of or linking to the Service. Disrupt, interfere with, or create an undue burden on the Service or its connected networks and services. Decrypt, decompile, disassemble, or reverse engineer any software that is part of the Service. Attempt to bypass any measures designed to prevent or restrict access to the Service or any portion thereof. Upload or distribute files containing viruses, worms, trojans, corrupted files, or similar software that may damage another's computer. Use, launch, develop, or distribute any automated system, including spiders, robots, cheat utilities, scrapers, or offline readers, to access the Service, or use any unauthorized script or software. Use the Service to send automated queries to any website or unsolicited commercial emails. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service. Use the Service in violation of applicable laws or regulations, or otherwise breach these Terms.

UpDiet allows you to post comments and other materials on the Service. Any content that you or other users post or make available on the Service is referred to as "User Content." You retain all rights to your User Content and are solely responsible for it. By posting User Content, you grant us a non-exclusive, royalty-free, irrevocable, perpetual, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, translate, adapt, create derivative works from, perform, and distribute your User Content. This license allows us to operate and improve our Service but does not limit any other legal rights we may have to your User Content under different licenses. We reserve the right to remove or modify User Content or change how it is used on UpDiet, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines, or any applicable laws or policies.

UpDiet's Rights Except for your User Content, you agree that all rights, titles, and interests in the Service belong to UpDiet. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices that are part of or accompany the Service. UpDiet's Trademarks The trademarks "UpDiet," "Up-Diet.com," the UpDiet logo, and all related graphics, logos, service marks, and trade names are owned by UpDiet, Inc. and may not be used without our explicit written consent. Your Feedback We value your feedback and are interested in how we can improve UpDiet. If you provide us with comments, ideas, or feedback ("Feedback"), UpDiet may use this Feedback in any way, including for future improvements and modifications to our Services. All Feedback will be owned exclusively by UpDiet, and you agree to transfer all rights, title, and interest in such Feedback and related intellectual property to us. We are free to use any general knowledge, experience, know-how, works, and technologies (including ideas, concepts, processes, and techniques) acquired during the provision of our Services.

Time Definitions "day" or "date" begins at 12:00 a.m. local time in the time zone of your billing address and ends at 11:59 p.m. local time of that same calendar day. Subscription Plans When purchasing your meal plan subscription, you may be presented with different options. Plans vary in duration, pricing, usage rules, eligibility, restrictions, features, and availability, as indicated at the time of purchase. Monthly charges are deducted from your selected payment method at the start of each billing cycle within the plan's duration. Subscriptions do not automatically renew after the plan's term unless explicitly stated at the package page. Free Trials and Promotional Pricing Your package may begin with a free trial or promotional pricing. Availability of a free trial or promotional pricing is not guaranteed and, if one is available, is only offered under the specified terms of the free trial or promotion. Eligibility for free trials or promotions may vary, and certain limitations may also exist with respect to combining free trials with any other offers. Free Trials If your package starts with a free trial, the first payment will be charged to your selected payment method immediately after the trial period ends, unless canceled in line with the cancellation instructions below. You can cancel your package at any time before the trial concludes to avoid any charges. We provide details of the free trial terms when you sign up. You will not receive a separate reminder about the trial's end or the start of paid services unless required by law in certain regions or circumstances. We reserve the right, at our sole discretion, to modify or terminate any trial offer, your access to the Service during the trial, or any of these terms without notice and without liability. We also reserve the right to limit your ability to take advantage of multiple trials. Promotions From time to time, we may, at our discretion, offer promotions (such as discounted rates or bundled add-ons) with specific terms provided at the time of sign-up or through other materials we share with you. After the promotional period ends, we will charge the same payment method on file at the standard rate, unless you cancel before the promotion expires or if otherwise specified in the promotional terms. Canceling Auto-Renewal of Your Package If your package includes a free trial, you may cancel auto-renewal at any time before the trial ends. However, please note that once you cancel, your access to the trial mode will also end immediately. You can cancel your subscription at any time. Once canceled, you will not be charged for future months. If canceled mid-cycle, the current month's charge may be eligible for a refund based on the refund policy below. If your subscription was purchased through a third-party App Store (e.g., Apple or Google Play), refunds and cancellations must follow the respective App Store's policies and procedures. Purchases Some features of the Service may require payment. You can subscribe directly to UpDiet or through an App Store. Purchases can be made using any accepted payment method. We reserve the right to change our prices, refund policy, and billing methods at any time. Updated prices will be posted on the package page. You authorize us and the App Stores to charge the applicable fees to your provided payment method. Payment Methods Unless you sign up through an App Store, you must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us), PayPal, or another acceptable payment method ("Payment Method") as a condition to purchase the Service. Your agreement with the provider of the Payment Method governs your use of the designated credit card or PayPal account. You should refer to that agreement, not this Agreement, to determine your rights and liabilities concerning the Payment Method. By providing us with your credit card number or PayPal account and associated payment information, you authorize us to charge your Payment Method immediately for all fees and charges due, including any applicable taxes. No additional notice or consent is required. You agree to promptly notify us of any changes to your billing address or Payment Method. We may also update your Payment Method information using data provided by our payment service providers. After such an update, you authorize us to continue charging the updated Payment Method. If a payment attempt fails (e.g., due to an expired Payment Method), we reserve the right to retry billing your Payment Method. If we do not receive payment for any reason, (a) you agree to pay all amounts due on your account upon demand, and/or (b) you agree that we may suspend or terminate your access to the Service and continue to attempt to charge your Payment Method for purchased Services until payment is received. Upon receipt of payment, your account will be reactivated, and your purchased package commitment period will begin from the date payment was received. You remain responsible for any amounts you fail to pay, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs. Subscriptions Obtained Through Third-Parties If you obtain a package through a third-party application store (e.g., the Apple App Store or Google Play) (each, an "App Store"), that package is also subject to the third party's terms. The provisions in this Agreement related to package purchase, billing, cancellation/refunds, and payment do not apply to that package to the extent this Agreement conflicts with the applicable third party's terms regarding these aspects. For subscriptions obtained via a third-party App Store, your billing relationship will be directly with the applicable third-party App Store. Any fees charged for your package will be billed by the third-party App Store using the payment information you have provided to such App Store. To cancel a package obtained via a third-party App Store, please follow the cancellation instructions provided by the applicable third-party App Store or contact our support center for instructions.

For purposes of this section, "Sales Tax" refers to any federal, provincial, or territorial sales tax, value-added tax, levies, duties, or any other tax measured by sales proceeds that functions similarly to a sales tax where the applicable taxing jurisdiction does not impose a sales or use tax. Prices displayed do not include taxes. If any Service, or payments for any Service, under the Agreement, are subject to Sales Tax in any jurisdiction and we have not charged the applicable Sales Tax, you will be responsible for paying such Sales Tax and any related penalties or interest to the relevant tax authority. You agree to make all payments of fees to us without deduction for any withholding taxes. Any taxes imposed on payments of fees to us will be your sole responsibility.

If you subscribed directly via UpDiet, you may request a refund for the current month if you cancel during that same billing cycle. Future months will not be charged. For example, if you purchased a 3-month plan and cancel during the second month, only the second month is refundable and you will not be charged for the third month. Please note: If you purchased your subscription through an App Store (Apple or Google), all refunds are subject to that App Store's refund policies. In such cases, we are unable to process the refund directly, and you will need to contact the App Store's support team.

The Service may contain typographical errors, inaccuracies, or omissions related to descriptions, pricing, availability, and other information. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or change the information on the Service at any time without prior notice.

General Disclaimer The Service, including all materials, products, or services obtained through the Service, is provided on an "AS-IS" and "AS-AVAILABLE" basis. Your use of the Service is at your sole risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. Disclaimer of Damages To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. This includes any loss of data, use, goodwill, or other intangible losses resulting from: (a) Your access to, use of, or inability to access or use the Service; (b) Any conduct or content of any third party on the Service; (c) Unauthorized access, use, or alteration of your transmissions or content. No Warranty on Service Performance We make no warranties, representations, or conditions regarding: (1) The Service meets your requirements; (2) The Service is uninterrupted, timely, secure, or error-free; (3) Any defects being corrected; (4) The applications or servers being free of viruses or other harmful components; (5) The results obtained from using the Service being permanent, accurate, or reliable. Risk of Accessing Content: Any content downloaded from or accessed through the Service is accessed at your own risk. You are solely responsible for any damage to your property, including, but not limited to, your computer system or any device used to access the Service, or any other loss resulting from accessing such content. No Creation of Warranties No advice or information, whether oral or written, obtained from us or through the Service will create any warranty not expressly made herein. Disclaimer on Results and Guarantees We do not guarantee any specific level of success, and results will vary from person to person. Testimonials and examples provided on the Service represent exceptional outcomes, which are not typical and do not guarantee that anyone will achieve similar results. Past performance is not indicative of future results, and we cannot guarantee your future success.

Cap on Liability To the fullest extent permitted by law, our liability to you is limited to the greater of (a) the total amount you paid to us during the applicable period of the purchased plan prior to the act, omission, or occurrence giving rise to such liability; (b) $100; or (c) the statutory damages prescribed by the applicable statute. This cap on liability does not apply to our liability for (i) death or personal injury caused by our negligence; or (ii) any injury caused by our fraud or fraudulent misrepresentation. Severability: If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law. Exclusions: Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you might have additional rights. Statute of Limitations: To the fullest extent permitted by law, no claim, demand for mediation or arbitration, or cause of action arising out of an event or events that occurred more than one (1) years before the filing of a demand for mediation, arbitration, or suit may be asserted against UpDiet. Basis of the Bargain: The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and us. No Liability for Third Parties: You acknowledge and agree that we are not liable for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. We make no warranty regarding the goods or services provided by third parties.

We prioritize the safety and security of all UpDiet users. If necessary, we may disclose your identity, User Content, or other data associated with you to third parties, such as law enforcement agencies, or take legal action, including terminating your access to the Service. For details on the types of data we may disclose and the reasons for doing so, please refer to our Privacy Policy.

These Terms will remain in effect while you use the Service. We reserve the right to deny access to and use of the Service, including blocking certain IP addresses, at our sole discretion and without notice or liability, for any reason or no reason at all. This includes, but is not limited to, violations of any representation, warranty, or covenant in these Terms or applicable laws and regulations. We may terminate your use or participation in the Service at any time, without prior warning. Additionally, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive relief, for activities conducted during your use of the Service for which you may be held liable, even after the expiration or termination of these Terms, within the limitations set by applicable laws.

1. Resolving Disputes: Any disputes or claims related to our services or these terms, including those arising before or after the agreement, will be resolved through binding arbitration. Claims may be filed in small claims court if they qualify; otherwise, arbitration will be used. This means both parties waive their right to a court trial. 2. Informal Resolution: Before initiating arbitration, you must first attempt to resolve the dispute informally by sending a written notice to our Company's Support Department. We will respond within 60 days to try to resolve the issue. 3. Arbitration Process: Arbitration will be conducted by the ADR Institute of Canada (ADRIC) under its rules. The arbitration will be held in a location agreed upon by both parties, and each party will bear their own costs. The arbitrator's decision will be final and binding. 4. Opt-Out: If you are a new user, you may opt out of arbitration within 30 days of accepting these terms. Existing users may opt out within 30 days of this section's effective date. 5. Non-Arbitrable Claims: Certain claims may not be subject to arbitration under applicable laws. In such cases, disputes will be resolved in court.

You and we agree that any legal proceedings, whether in arbitration or in court, will be conducted solely on an individual basis and not as part of a class, collective, consolidated, private attorney general, or representative action. Both parties waive any right to participate in such actions to the fullest extent permitted by law. However, the parties retain the right to participate in a class-wide settlement.

To the maximum extent allowed by law, you and we also waive any right to a jury trial.

Third-Party Payment Service Providers We use various third-party service providers to process payments for the Service, including but not limited to card acceptance, merchant settlement, and related services ("Third-Party Payment Service Providers"). By using the Service, you authorize us to share the information and payment instructions you provide with our Third-Party Payment Service Providers as necessary to complete your transactions. Third-Party Providers Certain products and features of the Service are provided by third parties ("Third-Party Providers"). To use these products and features, you may need to agree to additional terms and conditions set by the Third-Party Providers. This Agreement pertains solely to the Service, and any interactions or agreements between you and a Third-Party Provider are independent of this Agreement. Please review the policies of any Third-Party Providers before using their products or features.

For any UpDiet application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you are authorized to use the application solely on an Apple-branded device running iOS (Apple's proprietary operating system) and in accordance with the "Usage Rules" outlined in the Apple Media Terms of Service. Additionally, such applications may be accessed, acquired, and used by other accounts associated with the purchaser through Apple's Family Sharing, volume purchasing, or Legacy Contacts functions. For applications obtained through the Google Play Store (a "Google Play Sourced Application"), you may have additional licensing rights allowing shared use within your designated family group. In addition to the terms above, the following provisions apply to any UpDiet application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"): (a) You acknowledge and agree that (i) this Agreement is solely between you and us, not Apple, and (ii) we, not Apple, are responsible for the App Store Sourced Application and its content. Your use of the App Store Sourced Application must adhere to the App Store Terms of Service. (b) You understand that Apple is not obligated to provide any maintenance or support services for the App Store Sourced Application. (c) Should the App Store Sourced Application fail to meet any applicable warranty, you may contact Apple, and Apple will refund the purchase price for the App Store Sourced Application. To the extent permitted by law, Apple will have no other warranty obligations regarding the App Store Sourced Application. Any other claims, losses, liabilities, damages, costs, or expenses due to warranty failures will be our responsibility. (d) We and you agree that Apple is not responsible for addressing any claims related to the App Store Sourced Application or its use, including, but not limited to: (i) product liability claims; (ii) claims that the App Store Sourced Application does not meet any legal or regulatory requirements; and (iii) claims under consumer protection or similar laws. (e) If a third party claims that the App Store Sourced Application or its use infringes on their intellectual property rights, we, not Apple, will be responsible for handling such claims, including investigation, defense, and settlement. (f) We and you acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Agreement with respect to your license of the App Store Sourced Application. Upon your acceptance of this Agreement, Apple will have the right to enforce this Agreement against you as a third-party beneficiary. (g) You must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Governing Law and Jurisdiction These Terms shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles. By using our services, you agree that any disputes, claims, or legal actions arising from these Terms, unless subject to arbitration or resolved in small claims court, shall be exclusively submitted to the courts in Ontario, Canada. You and we consent to the jurisdiction of these courts and waive any objections to personal jurisdiction, venue, or inconvenient forum with respect to proceedings in these courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. This governing law clause will not deprive you of any protection you have under the mandatory laws of the country where you reside, provided that such laws are applicable. Effective Date These Terms take effect on the date published below and remain in force while you use the Service, unless the Agreement is terminated. Force Majeure We are not liable for any delay or failure to perform due to causes beyond our reasonable control. Waiver Any waiver or failure to enforce any provision of the Agreement on one occasion does not constitute a waiver of any other provision or of such provision on any other occasion. Severability Except as specified in the "Dispute Resolution" section, if any part of this Agreement is found to be invalid or unenforceable, that part will be interpreted to reflect the parties' original intent, and the remaining provisions will remain in full force and effect. Export Control; Sanctions Compliance You may not use, export, import, or transfer the Services except as authorized by Canadian law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. You acknowledge that products, services, or technology provided by us are subject to Canadian export control laws and regulations. You agree to comply with these laws and regulations and will not, without prior Canadian government authorization, export, re-export, or transfer UpDiet products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations. Entire Agreement This Agreement constitutes the complete and exclusive agreement between you and us regarding the Service. In the event of any conflict between these Terms and any supplemental terms applicable to a Service offering, these Terms will prevail. CONTACT US The best way to get in touch with us is by emailing support@Up-Diet.com. Last Updated: 04.04.2025