Terms of Service - Clear Palate

Clear Palate Terms of Service
Last Updated: September, 23, 2025

Welcome, and thank you for your interest in Clear Palate (“Clear Palate,” “CP,” “we,” “us,” or “our”). These Terms of Service govern your use of our website at www.clearpalate.com, as well as any related sites, applications (including browser extensions), mobile apps, content, features, resources, and other services we make available (collectively, the “Service”). This agreement is a legally binding contract between you and Clear Palate concerning your use of the Service.

PLEASE READ THESE TERMS CAREFULLY:

By clicking “I Accept,” or by downloading, installing, accessing, or otherwise using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them, along with Clear Palate’s Privacy Policy (together, these “Terms”). If you are not eligible to use the Service, or if you do not agree to these Terms, you are not permitted to use the Service. Your use of the Service, and our provision of it to you, represents mutual acceptance of these Terms by both you and Clear Palate.

By providing us with your phone number, you agree to receive calls and/or text messages from Clear Palate. These communications may include information to help you download or use our application. You understand and agree that these calls or texts may be considered telemarketing under applicable law, may use an automatic dialing system or similar technology, and that your consent to receive them is not required as a condition of purchase.

Arbitration Notice
Except for certain types of disputes described later, you agree that any disputes arising under these Terms will be resolved through binding, individual arbitration. BY AGREEING TO THESE TERMS, BOTH YOU AND CLEAR PALATE WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE LAWSUIT.

1. Service Overview
Clear Palate provides educational content designed to help users make more informed decisions about food and dining, such as nutrition and labeling details. THE SERVICE IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS INTENDED TO SUPPORT GENERAL WELLNESS. IT DOES NOT PROVIDE MEDICAL ADVICE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL GUIDANCE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR DIET OR HEALTH.

The Service also includes tools (such as our mobile application and, for desktop users, a browser extension) that allow users to customize their browsing, shopping, and dining experience. These tools enable users to apply their preferences or dietary restrictions, view ingredient details and related information about foods of interest, and add their own contextual notes or inputs.

2. Eligibility

Clear Palate is not intended for and may not be used by children under the age of 13. If you are under 13 years old, you must not create an account, provide any personal information, or otherwise use the Service.

If you are 13 years of age or older but under the age of majority in your local jurisdiction (a “Permitted Minor”), you may only use the Service with the permission and direct supervision of your parent or legal guardian. In such cases, your parent or legal guardian must review and accept these Terms on your behalf and is fully responsible for your use of the Service.

By accessing or using the Service, you represent and warrant that you meet the eligibility requirements described above and that you have the legal capacity to enter into and comply with these Terms.

To use the Service, you must be at least 18 years old. By agreeing to these Terms, you confirm and represent that:
(a) you are at least 18 years of age;
(b) you have not been previously suspended or banned from using the Service; and
(c) your registration for and use of the Service complies with all applicable laws and regulations.

If you are using the Service on behalf of a company, organization, or other entity, the individual agreeing to these Terms represents and warrants that they have the authority to bind that entity, and by accepting, you agree that the entity is bound by these Terms.

3. Accounts; Partner Users

3.1 Accounts.
To use most features of the Service, you will need to create an account. During registration, you must provide certain information such as your name, email address, or login credentials from a third-party service (e.g., Google). You agree that all information you provide is accurate, complete, and not misleading, and that you will keep this information current at all times. You will also be required to set a password when registering. You are solely responsible for keeping your account credentials secure and for all activities that occur under your account. If you suspect that your account has been compromised, you must notify us immediately at info@clearpalate.com.

3.2 Partner Users.
Clear Palate may work with partner organizations to offer their members or employees a tailored food discovery and dining experience. If you are associated with one of these partner organizations and sign up using your organization-issued email address, you may, subject to these Terms, gain access to a version of the Service that is customized for your organization.

3.3 Agreement to Terms

By downloading, installing, accessing, or using Clear Palate (“CP”), including any related websites, mobile applications, or services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not use the Service and should uninstall or discontinue use immediately.

3.4 Binding Effect

These Terms are a legally binding agreement between you and Clear Palate Inc. (“Clear Palate,” “we,” “our,” or “us”). If you are under the age of majority in your jurisdiction, your parent or legal guardian must review and accept these Terms on your behalf.

3.5 Revisions and Updates

We reserve the right, in our sole discretion, to revise, update, or modify these Terms at any time. We will provide notice of material changes by posting the revised Terms within the Service and updating the “Last Updated” date. It is your responsibility to review the Terms regularly. By continuing to use the Service after any revisions become effective, you agree to be bound by the updated Terms.

3.6 Supplemental Terms

Certain features or services may be subject to additional terms, guidelines, or policies. If there is a conflict between these Terms and supplemental terms, the supplemental terms will govern with respect to the specific service.

3.7 Hardware, Software, and Connectivity
You are solely responsible for obtaining, maintaining, and securing all devices, operating systems, software, internet connections, mobile data plans, and other equipment or services necessary to access and use the Service. Clear Palate does not guarantee that the Service will function properly on every device, operating system, or browser, or with every internet or data provider.

You acknowledge that your ability to access and use the Service may be affected by the performance of your device, your internet connection, and the availability of third-party networks or services. Clear Palate is not responsible for any fees, charges, limitations, delays, disruptions, failures, or damages arising from your hardware, software, or connectivity issues, including those caused by third-party services, networks, or providers.

You are also responsible for implementing reasonable security measures on your devices, such as using updated operating systems, secure passwords, and antivirus software, to protect your data and account when using the Service.

3.7 Security of Accounts

You are solely responsible for maintaining the confidentiality of your login credentials, protecting access to the devices you use to access the Service, and preventing unauthorized access to your account. Clear Palate is not responsible for any loss, damage, or liability resulting from your failure to maintain adequate security, including if someone else accesses your account due to your sharing of credentials or failure to secure your device. You agree to promptly notify us at info@clearpalate.com if you suspect or become aware of any unauthorized use of your account, compromise of your login credentials, or other security breach.

4. General Payment Terms
Some features of the Service may require the payment of fees. Before any charges are applied, you will have the opportunity to review and accept the applicable fees. Unless otherwise specified in these Terms, all fees are stated in U.S. Dollars and are non-refundable.

4.1 Price.
We reserve the right to set and update pricing for the Service. While we make reasonable efforts to keep pricing information current on the Service, you are encouraged to visit our pricing page regularly for the most up-to-date details. We may adjust fees for any feature of the Service, including by adding new charges, provided we give you advance notice before such changes take effect. At our sole discretion, we may also extend promotional offers with different features or pricing to select customers. Unless such an offer is made directly to you, it will not apply to your account or modify these Terms.

4.2 Authorization.
You authorize Clear Palate to charge all amounts related to your orders and any Service tier you select (including taxes) to the payment method linked to your account. If you use a credit card, Clear Palate may request a pre-authorization hold to confirm that the card is valid and that sufficient funds or credit are available for your purchase.

4.3 Subscription Service.
Certain features of the Service may be offered as subscription plans with automatically recurring payments (“Subscription Service”). The date you first purchase a subscription is your “Subscription Billing Date.” Your Subscription Service will begin on this date and continue for the initial period you selected during sign-up (the “Initial Subscription Period”). It will then automatically renew for successive periods of the same length (each a “Subscription Period”) unless you cancel or we terminate your subscription.

By enrolling in a Subscription Service, you authorize Clear Palate or its third-party payment providers to charge your account for all applicable fees and taxes on a recurring basis until you cancel. Your account will be charged on the Subscription Billing Date and on each renewal date thereafter.

Free Trials. We may, at our discretion, offer a free trial period for new subscribers. If you are offered a free trial, the length of the trial will be disclosed at sign-up. Unless you cancel before the end of the trial, your subscription will automatically convert to a paid Subscription Service at the then-current subscription fee. Only one free trial may be redeemed per user, unless otherwise stated.

Refunds. All subscription fees are non-refundable, except as required by applicable law or by the policies of the Apple App Store, Google Play Store, or other platform through which you subscribed. Refunds, cancellations, or trial-related billing issues will be handled in accordance with those platform policies.

Cancellation. You must cancel your subscription prior to the renewal date to avoid being charged for the next Subscription Period. Subscription cancellations can be managed through your iOS device settings (Apple App Store) or the Google Play Store on Android. Cancellations must be submitted before the renewal date to take effect for the upcoming period.

Delinquent Accounts. Clear Palate may suspend or terminate access to the Service, including paid features, if any account remains unpaid. In addition to overdue fees, you may also be charged for costs associated with chargebacks or collection efforts, including reasonable collection fees. If your payment method becomes invalid at the time a subscription renewal is due, Clear Palate reserves the right to delete your account and any associated information or User Content (as defined below) without liability to you.

4.4 Delinquent Accounts.
Clear Palate may suspend or terminate access to the Service, including paid features, if any account remains unpaid. In addition to overdue fees, you may also be charged for costs associated with chargebacks or collection efforts, including reasonable collection fees. If your payment method becomes invalid at the time a subscription renewal is due, Clear Palate reserves the right to delete your account and any associated information or User Content (as defined below) without liability to you.

5. Licenses

5.1 Limited License.
As long as you remain in full compliance with these Terms, Clear Palate grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Service for your personal, non-commercial purposes only. This license permits you to:
(a) install and use one copy of any downloadable application we provide (including the mobile app on a device you own or control, and the browser extension on a desktop computer you own or control); and
(b) access and use the Service.

5.2 License Restrictions.
Except as expressly allowed by applicable law, you may not:
(a) reproduce, distribute, publicly display, publicly perform, or create derivative works based on the Service;
(b) modify the Service; or
(c) interfere with or bypass any part of the Service, including security or access controls, features that prevent unauthorized use or copying of content or materials, or any mechanisms that enforce limitations on use. You are also prohibited from reverse engineering or attempting to derive the source code of any portion of the Service. If the law prohibits you from using the Service, then you are not permitted to do so.

5.3 Feedback.
If you provide us with suggestions, ideas, or feedback about the Service (“Feedback”), you grant Clear Palate an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use, copy, modify, and otherwise exploit that Feedback in any way and for any purpose, including to improve the Service or develop new products and services. We are under no obligation to provide credit or compensation to you for the Feedback.

6. Intellectual Property Rights

6.1 Ownership of the Service.
The Service and all materials included in or made available through it — including without limitation the design, text, graphics, interfaces, data, software (both source and object code), and other content (collectively, “Clear Palate Materials”) — are the property of Clear Palate or its licensors, and are protected by intellectual property and other applicable laws.

6.2 No Transfer of Rights.
Your use of the Service does not transfer to you any ownership rights in the Clear Palate Materials, or in any other intellectual property or proprietary rights owned by Clear Palate or third parties. All rights not expressly granted in these Terms are reserved.

6.3 Trademarks.
“Clear Palate,” our logos, product names, and the look and feel of the Service are trademarks, service marks, or trade dress of Clear Palate in the U.S., Canada, and other countries. Other company, product, or service names and logos appearing in the Service may be the property of their respective owners. You may not use any of these marks without the prior written permission of Clear Palate or the applicable owner.

6.4 Restrictions.
Except as expressly permitted by these Terms or applicable law, you may not:
(a) copy, reproduce, distribute, publicly display, publicly perform, modify, or create derivative works of any Clear Palate Materials;
(b) reverse engineer, decompile, or attempt to extract the source code of any software provided through the Service; or
(c) remove, obscure, or alter any copyright, trademark, or other proprietary rights notices contained in or accompanying the Service.

7. Third-Party Terms

7.1 Linked Websites.
The Service may include links to third-party websites. For example, we may provide links to external sites where you can purchase certain products. If you choose to make a purchase on a linked third-party site (“Linked Website”), your use of that site and any transactions you make there are governed solely by the terms and conditions of the third party. Linked Websites are not operated or controlled by us, and we are not responsible for their content. We do not endorse any Linked Website (even if our Service points you to a product available there), and we make no warranties or representations regarding such sites, their products, or their services.

7.2 Third-Party Services.
The Service may include tools that let you export information, including User Content (as defined below), to third-party services. By using these tools, you authorize Clear Palate to transfer such information to the applicable third-party service. We do not control third-party services, and, to the fullest extent permitted by law, we are not responsible for how those services handle or use your exported information. Your use of any third-party service may also be subject to additional terms and conditions imposed by that third party.

7.3 Third-Party Platforms, Devices, and Servers.
Some features of the Service may be accessed, downloaded, or used through websites, platforms, marketplaces, servers, devices, or services that are not owned or controlled by Clear Palate. For example, you may download the Service from a third-party app store, install it on a device running software not provided by us, or access it through servers operated by third parties. Clear Palate takes no responsibility for your access to or use of the Service through or on such third-party platforms, devices, or services, which are outside our control. Any such use is at your own risk and may be subject to additional or different terms and conditions imposed by the third party.

7.4 App Stores (Apple and Google).
If you access or download our mobile application from the Apple App Store, Google Play Store, or any other app store or distribution platform (collectively, “App Stores”), you acknowledge and agree that:

These Terms are between you and Clear Palate only, and not with the App Store provider.
The App Store provider is not responsible for the Service or its content, nor for providing any maintenance, support, or warranty for the Service.
If the Service fails to conform to any applicable warranty, you may notify the App Store provider, and they may refund the purchase price (if any) for the mobile application. To the fullest extent permitted by law, the App Store provider has no other warranty obligation with respect to the Service.
The App Store provider is not responsible for addressing any claims by you or a third party relating to the Service or your possession or use of it, including product liability claims, regulatory compliance claims, or intellectual property claims.
You must also comply with all applicable App Store terms of service and usage rules.

Apple and Google (and their respective subsidiaries) are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, they will have the right to enforce them against you as third-party beneficiaries.

7.5 Third-Party Software.
The Service may include or incorporate third-party software components that are made available under open-source or similar licenses granting broad rights to copy, modify, and distribute those components (“Third-Party Components”). While your use of the Service is subject to these Terms, nothing in these Terms restricts your rights to obtain or use any Third-Party Components under the terms of their respective licenses.

8. User Content

8.1 User Content Generally.
Some features of the Service allow you to submit, upload, publish, broadcast, or otherwise share (“Post”) content, which may include messages, reviews, photos, videos, images, folders, data, text, or other works of authorship (“User Content”). You retain ownership of any copyright or other intellectual property rights in the User Content you Post, subject to the licenses granted under these Terms.

8.2 Limited License Grant to Us.
By Posting User Content to or through the Service, you grant Clear Palate a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid license (with the right to sublicense through multiple tiers) to host, store, transfer, display, perform (including digital audio transmissions), communicate, reproduce, format, adapt, create derivative works as permitted under these Terms, and distribute your User Content, in whole or in part, across any media formats and channels now known or developed in the future, for the purpose of operating, advertising, marketing, and promoting the Service. You agree to be responsible for all fees or obligations owed to any third party related to your Posting of User Content or our licensed use of that content.

8.3 Limited License Grant to Other Users.
When you make User Content available through the Service to other users, you grant them a non-exclusive license to access and use that content for their own personal, non-commercial purposes, consistent with these Terms and the Service’s functionality.

8.4 You Must Have Rights to the Content You Post; User Content Representations and Warranties.
You may not Post User Content unless you own the rights to it or have full authority to grant the rights described in these Terms. You are solely responsible for your User Content and its consequences. By Posting User Content, you affirm, represent, and warrant that:
a. You are the creator or lawful rights holder of the User Content, or you have obtained all necessary licenses, rights, consents, and permissions to allow us and other users to use and distribute it as described in these Terms;
b. Your User Content and its use under these Terms will not: (i) infringe, misappropriate, or otherwise violate any intellectual property, privacy, contract, or proprietary rights of a third party; (ii) defame, libel, slander, or violate the privacy or publicity rights of any individual; (iii) cause Clear Palate to break any laws or regulations; or (iv) require us to seek additional permissions, consents, licenses, or payments to any third parties; and
c. Your User Content would not reasonably be considered offensive, obscene, pornographic, harassing, threatening, defamatory, hateful, or otherwise inappropriate.

8.5 User Content Disclaimer.
We are not obligated to edit, monitor, or control User Content that you or others Post, and we are not responsible for it. However, we may, at our sole discretion and without prior notice, remove, edit, block, or restrict access to User Content that violates these Terms, infringes third-party rights, or is otherwise objectionable. You understand that while using the Service you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive any claims you may have against Clear Palate regarding such content. If we receive a complaint that User Content does not comply with these Terms, we may investigate and decide whether to remove it, and we reserve the right to do so at any time without notice. Infringing content is not permitted on the Service.

8.6 Monitoring Content.
We have no obligation to monitor: (a) User Content; (b) third-party content made available through the Service; or (c) how users interact with the Service. However, we reserve the right to monitor transmissions and activity on the Service for operational and other purposes. If we choose to do so, we are not responsible for any resulting content, damages, or losses. Information observed during monitoring may be reviewed, recorded, copied, or used in accordance with our Privacy Policy. Clear Palate may block, filter, mute, remove, or restrict access to any User Content without liability to the user who Posted it or to any other users of the Service.

9. Communications

9.1 Text Messaging.
You agree that Clear Palate, and those acting on our behalf, may send you SMS text messages at the phone number you provide. These may include operational messages related to your use of the Service, as well as promotional or marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard messaging and data rates may apply as determined by your carrier.

If you wish to stop receiving marketing text messages from Clear Palate, you may email info@clearpalate.com. Please note that opting out of all text messages may affect your ability to use certain features of the Service. You may still receive text messages for a short time while we process your request, including a confirmation of your opt-out. Your agreement to receive marketing text messages is not a condition for making purchases or using the Service.

9.2 Push Notifications.
By installing our mobile app, you agree to receive push notifications—messages that appear on your device even when the app is not open. You can manage or disable push notifications at any time by adjusting your device’s settings.

9.3 Email.
We may send you emails about our products and services, or about third-party products and services. You can opt out of receiving promotional emails by following the unsubscribe instructions included in those emails.

10. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

a. Use the Service for any unlawful purpose or in violation of local, state, national, or international law;
b. Harass, threaten, demean, bully, embarrass, or otherwise harm any other user of the Service;
c. Infringe, misappropriate, or otherwise violate the rights of a third party—or encourage or instruct others to do so—including intellectual property rights;
d. Interfere with or attempt to bypass the Service’s security features, including by: (i) disabling or circumventing features that restrict use, printing, or copying of content; or (ii) reverse engineering or attempting to uncover the source code of any part of the Service, except where expressly allowed by law;
e. Access, search, or use any part of the Service or its Materials (as defined in Section 6) through any automated tool, software, agent, or mechanism (such as spiders, crawlers, robots, or data-mining tools), other than the software or search agents provided by Clear Palate;
f. Disrupt or interfere with the operation of the Service or another user’s enjoyment of it, including by: (i) uploading or distributing viruses, spyware, worms, adware, or other harmful code; (ii) sending unsolicited offers, promotions, or advertisements to other users; (iii) collecting personal information about other users or third parties without their consent; or (iv) disrupting or interfering with any servers, networks, or equipment connected to or used by the Service;
g. Engage in fraudulent activity, such as impersonating another person or entity, misrepresenting your affiliation, accessing another user’s account without authorization, or falsifying your age or date of birth;
h. Sell, resell, or otherwise transfer your access rights under these Terms, or any Materials or rights to view, access, or use Materials; or
i. Attempt or assist others to engage in any of the activities prohibited in this Section 10.

10A. Restricted and Prohibited Uses

In addition to the prohibitions set out in Section 10, you agree not to use the Service in any way that Clear Palate reasonably determines is harmful, abusive, or inconsistent with its intended purpose. Without limiting the generality of the foregoing, you may not:

10A.1 Automated Access and Scraping.

Use bots, spiders, crawlers, scrapers, or any other automated tools or processes to access, copy, index, or collect data from the Service without our prior written consent.
Circumvent or interfere with security or technical restrictions designed to limit automated access.

10A.2 Artificial Intelligence and Machine Learning Uses.

Use the Service, its data, or outputs to train, fine-tune, or otherwise improve any artificial intelligence, machine learning, or automated decision-making systems without our express written permission.
Use the Service or its data for benchmarking, model evaluation, or dataset creation intended to enhance a competing product or service.

10A.3 Research and Academic Use.

Conduct or publish academic research, market studies, or comparative evaluations using the Service or its data without Clear Palate’s prior written approval.
Use the Service in connection with health, safety, or medical studies where the Service’s informational nature could be misconstrued as clinical or diagnostic data.

10A.4 Competitive and Commercial Misuse.

Access or use the Service to develop, test, or enhance a competing product or service.
Sell, license, or otherwise commercially exploit any outputs, results, or data obtained from the Service except as expressly permitted in these Terms.

10A.5 Enforcement.
Clear Palate reserves the right to monitor for and investigate any suspected violation of this Section 10A and to suspend, terminate, or restrict your account or access to the Service if we reasonably believe you have engaged in prohibited use.

11. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

11.1 Notification.
We respect the intellectual property rights of others and expect our users to do the same. Infringing activity will not be tolerated on or through the Service.

11.2 Designated Agent Contact Information.
Clear Palate complies with the Digital Millennium Copyright Act (DMCA) provisions applicable to internet service providers (17 U.S.C. § 512, as amended). If you believe material on the Service infringes your intellectual property rights, you may contact our Designated Agent at:

Via Email: info@clearpalate.com

11.3 Procedure for Reporting Claimed Infringement.
If you believe content available on the Service infringes a copyright or other intellectual property right you own or control, you should promptly send a written “Notification of Claimed Infringement” to the Designated Agent listed above that includes:
a. Your electronic or physical signature;
b. A description of the copyrighted work or other intellectual property right you claim has been infringed;
c. A description of the material you claim is infringing and where it is located on the Service;
d. Your address, telephone number, and email address;
e. A statement that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law; and
f. A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on their behalf.

Your notification may be shared with the user accused of infringement and with operators of databases that track infringement notices. By submitting a notice, you consent to these disclosures. You should consult an attorney or review 17 U.S.C. § 512 to ensure your notice meets legal requirements.

11.4 Repeat Infringer Policy.
Clear Palate’s policy is to:
(a) remove or disable access to material we believe in good faith, or upon notice from an intellectual property owner or agent, infringes the rights of others; and
(b) remove User Content from users who are considered “repeat infringers.” A “repeat infringer” is defined as any user repeatedly alleged to have uploaded infringing content for which Clear Palate has received valid DMCA takedown notices.

We reserve the right, at our discretion, to terminate accounts after a single infringement notice or based on our own determination.

11.5 Counter Notification.
If you receive notice from Clear Palate that your material has been removed or disabled due to a claim of infringement, you may respond with a written “Counter Notification.” To be effective, your Counter Notification must be provided to our Designated Agent and include:
a. Your physical or electronic signature;
b. Identification of the material removed or disabled and the location where it appeared before removal or disabling;
c. A statement, under penalty of perjury, that you believe the material was removed or disabled due to mistake or misidentification; and
d. Your name, address, and telephone number, along with a statement that you consent to the jurisdiction of the Federal District Court where your address is located (or, if outside the United States, any judicial district where Clear Palate may be found), and that you will accept service of process from the party who filed the infringement claim or their agent.

Parties submitting Counter Notifications should consult an attorney or review 17 U.S.C. § 512 to confirm their obligations.

11.6 Reposting of Content Subject to a Counter Notification.
If you submit a Counter Notification, Clear Palate will forward it to the party that filed the original infringement claim. Unless that party notifies our Designated Agent within 10 business days that they have filed a legal action seeking a court order, Clear Palate will restore the removed content or cease disabling access to it within 10–14 business days of receiving the Counter Notification.

11.7 False Notifications of Claimed Infringement or Counter Notifications.
Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be held liable for damages (including costs and attorneys’ fees) incurred by the alleged infringer, the rights holder, or a service provider. Clear Palate reserves the right to seek damages from anyone who submits a false or bad-faith Notification of Claimed Infringement or Counter Notification.

For clarity, and notwithstanding anything else in this Section 11, Clear Palate may, at its sole discretion (but is not obligated to), make public any Notifications of Claimed Infringement and Counter Notifications it receives.

12. Modification of Terms

We may update these Terms from time to time. Please review them periodically to stay informed of any changes. Unless otherwise specified, revisions will take effect immediately upon posting. For existing users, material changes will take effect 30 days after we post or provide notice of the revisions, unless stated otherwise.

We may also require you to accept the updated Terms in order to continue using the Service. If you do not agree to the revised Terms, you should remove your User Content and discontinue your use of the Service. Except as provided in this Section 12, these Terms may only be modified through a written agreement signed by authorized representatives of both parties.

Any disputes arising under these Terms will be governed by the version of the Terms in effect at the time the dispute occurred.

13. Term, Termination, and Modification of the Service

13.1 Term.
These Terms take effect when you first accept them or when you download, install, access, or use the Service—whichever occurs first—and will remain in effect until terminated as described in Section 13.2.

13.2 Termination.
If you violate any provision of these Terms, your authorization to access the Service will automatically terminate, along with these Terms. Additionally, Clear Palate may, at its sole discretion, suspend or terminate your account or access to the Service at any time, with or without cause, with or without notice, and without liability to you. You may terminate your account and these Terms at any time by contacting customer support at info@clearpalate.com.

13.3 Effect of Termination.
When these Terms are terminated:
(a) your license rights will immediately end, and you must stop using the Service;
(b) you will no longer be authorized to access your account or the Service;
(c) you must pay Clear Palate any outstanding amounts due before termination; and
(d) any payment obligations accrued prior to termination, as well as Sections 5.3, 6, 8, 13.3, 14, 15, 16, 16.3, and 17.9, will continue in effect.

You are solely responsible for keeping copies of any User Content you Post, as termination of your account may result in the loss of access to your User Content. If your account is terminated due to a breach of these Terms, you are prohibited from creating a new account under a different name, email, or other identifier.

13.4 Modification of the Service.
We reserve the right to change, suspend, or discontinue all or part of the Service at any time, either temporarily or permanently, without notice. This includes limiting or removing certain features, even those that are paid. We will not be liable for any modifications, suspensions, or discontinuations of the Service, including the loss of access to any paid features. You are responsible for saving copies of any User Content you Post, as changes to the Service may result in the loss of access to such content.

14. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Clear Palate, its affiliates, licensors, and each of their respective directors, officers, employees, contractors, agents, service providers, and representatives (collectively, the “Clear Palate Entities”) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:

a. Your Use of the Service. Your access to, use of, or reliance on the Service, including misuse, unauthorized use, or violation of these Terms;

b. Your Content. Any User Content you submit, upload, transmit, or otherwise make available through the Service, including claims that such content infringes, misappropriates, or otherwise violates the intellectual property, privacy, contractual, or other rights of any third party;

c. Your Conduct. Your violation of any applicable law, regulation, or third-party right, or your negligence, willful misconduct, or fraud;

d. Your Disputes. Any dispute or issue between you and a third party, including without limitation another user, advertiser, or third-party service provider; and

e. Your Devices & Accounts. Any unauthorized access to or use of your account, devices, or credentials, unless caused directly by Clear Palate’s negligence.

Clear Palate reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you. If that occurs, you agree to fully cooperate with Clear Palate’s defense of the claim, including providing all documents and information reasonably requested. You may not settle any claim subject to this indemnification without Clear Palate’s prior written consent.

15. Disclaimers; No Warranties by Clear Palate

15.1 “AS IS” and “AS AVAILABLE.” The Service, including all software, data, nutrition and ingredient information, allergen identification tools, OCR outputs, advertisements, user content, third-party content, and all other materials or features, is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. Clear Palate expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, non-infringement, accuracy, reliability, or availability.

15.2 Data Accuracy. Clear Palate does not warrant or guarantee the accuracy, completeness, reliability, timeliness, or usefulness of any data or content provided through the Service, including information derived from barcode scanning, OCR, artificial intelligence, product databases, advertisements, or third-party services. Nutrition, ingredient, and allergen data may contain errors or omissions, and Clear Palate assumes no responsibility for such inaccuracies.

15.3 No Medical Advice. CLEAR PALATE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL HEALTH, DIETETIC, OR NUTRITION ADVICE. The Service is not intended to replace consultation with a qualified healthcare provider. Always seek professional medical guidance regarding your diet, allergies, or health. Never ignore or delay obtaining medical advice because of something you read or accessed through the Service. If you suspect a medical emergency, call 911 (or the applicable emergency number in your jurisdiction) immediately.

15.4 User Responsibility. You acknowledge that the Service is an informational tool only, and you are solely responsible for verifying the safety, suitability, and accuracy of any food product, allergen determination, or dietary choice. Clear Palate disclaims all liability related to personal injury, allergic reactions, medical outcomes, or other consequences of relying on or using the Service.

15.5 No Warranties Regarding Third Parties. Clear Palate makes no warranties or representations about third-party services, linked websites, advertisements, or content provided by other users. Interactions, transactions, or reliance on such third-party content are at your sole risk.

15.6 AI and Automated Features. Certain outputs of the Service may be generated using artificial intelligence or other automated methods. These outputs may contain inaccuracies, and you agree that reliance on them is at your sole risk.

15.7 Exclusions Preserved. No advice or information, whether oral or written, obtained from Clear Palate or through the Service, will create any warranty not expressly stated in these Terms. We do not disclaim any warranty or right that cannot be disclaimed under applicable law.

16. Limitation of Liability

16.1 Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEAR PALATE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (“CLEAR PALATE ENTITIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, GOODWILL, MEDICAL OR HEALTH OUTCOMES (INCLUDING ALLERGIC REACTIONS OR INJURIES), OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONTENT PROVIDED THROUGH IT. THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY (WARRANTY, CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE) AND WHETHER OR NOT CLEAR PALATE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CLEAR PALATE ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE (OR INABILITY TO USE) THE SERVICE WILL NOT EXCEED THE GREATER OF:
(a) THE AMOUNT YOU PAID TO CLEAR PALATE FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR
(b) ONE HUNDRED U.S. DOLLARS (US $100).

16.3 Risk Allocation. Each provision of these Terms that limits liability, disclaims warranties, or excludes damages is intended to allocate risk between you and Clear Palate. This allocation is fundamental to the agreement between the parties. These provisions will remain enforceable even if a limited remedy fails of its essential purpose.

16.4 Mandatory Rights. Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. In such jurisdictions, the limitations of this Section apply only to the extent permitted by law.

17. Dispute Resolution and Arbitration

17.1 Agreement to Arbitrate. To the fullest extent permitted by law, you and Clear Palate agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any communications with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the dispute arises) will be resolved exclusively through binding arbitration on an individual basis, rather than in court. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury.

17.2 Waiver of Jury Trial and Class Actions. BY AGREEING TO THESE TERMS, YOU AND CLEAR PALATE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. Disputes must be brought in your or Clear Palate’s individual capacity only, and not as a plaintiff or class member in any purported class, consolidated, mass, or representative proceeding.

17.3 Small Claims Court Exception. Nothing in this Section prevents either party from bringing an individual claim in small claims court, provided the claim remains in that forum and advances on an individual, non-class basis.

17.4 Opt-Out Right. You may opt out of arbitration within 30 days after first accepting these Terms by sending written notice to info@clearpalate.com. Your notice must include your full name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will instead be resolved exclusively in the courts described in Section 18.2.

17.5 Arbitration Rules and Governing Law. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), as modified by these Terms. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration provision. The AAA Rules are available at www.adr.org

17.6 Location and Procedures. Unless you and Clear Palate agree otherwise, arbitration hearings will take place in the county (or equivalent jurisdiction) of your billing address. If your claim is for $10,000 or less and does not seek injunctive relief, you may choose whether the arbitration will be conducted (a) solely on documents submitted, (b) via telephone or video conference, or (c) by an in-person hearing under the AAA Rules.

17.7 Fees. Clear Palate will reimburse your filing fee if you properly commence arbitration under these Terms, unless your claim exceeds US $10,000 or is determined to be frivolous or filed for an improper purpose (as measured under Federal Rule of Civil Procedure 11(b)). In such cases, AAA Rules will govern fee allocation. The arbitrator may award fees and costs as permitted by law.

17.8 Arbitrator’s Authority. The arbitrator will have exclusive authority to resolve disputes about the scope, enforceability, or interpretation of this Section 17, except that a court may decide issues relating to the enforceability of the class action waiver. The arbitrator may award all remedies available under applicable law but may not consolidate multiple users’ claims or preside over a class or representative proceeding.

17.9 Confidentiality. All arbitration proceedings are confidential, unless the parties agree otherwise in writing or disclosure is required by law.

17.10 Survival. This arbitration agreement survives termination of your account or these Terms.

17.11 Severability. If any portion of this arbitration provision is found unenforceable, that portion will be severed, and the remainder enforced to the maximum extent possible. If the entire arbitration provision is found unenforceable, disputes will be resolved exclusively in the courts described in Section 18.2.

18. Miscellaneous

18.1 Entire Agreement. These Terms, together with our Privacy Policy and any Additional Terms expressly incorporated by reference, constitute the complete and exclusive agreement between you and Clear Palate concerning the Service. They supersede all prior or contemporaneous understandings, agreements, or communications, whether written or oral, regarding the Service.

18.2 Waiver. The failure by Clear Palate to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of Clear Palate.

18.3 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

18.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Clear Palate’s prior written consent. Any attempt by you to assign or transfer without consent will be null and void. Clear Palate may freely assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms are binding on and will inure to the benefit of the parties and their respective successors and permitted assigns.

18.5 Force Majeure. Clear Palate shall not be responsible or liable for any failure or delay in performance caused by events outside our reasonable control, including but not limited to: acts of God, natural disasters, power outages, pandemics, labor disputes, strikes, government actions, civil unrest, terrorism, war, or failures of any third-party providers or communication networks.

18.6 Notices. We may provide notices to you under these Terms by (a) posting to the Service; (b) email to the address associated with your account; or (c) written communication sent by mail or courier to your address on record. Notices sent by email will be deemed received on the date sent. You may provide legal notices to Clear Palate by email to info@clearpalate.com.

18.7 Relationship of the Parties. You and Clear Palate are independent contractors. These Terms do not create any partnership, joint venture, agency, fiduciary, or employment relationship. Neither party has the authority to bind the other without express written consent.

18.8 Survival. Any provisions of these Terms that by their nature should survive termination (including but not limited to intellectual property rights, license restrictions, indemnities, disclaimers, limitations of liability, arbitration, governing law, and general provisions) shall survive termination of your account or use of the Service.

18.9 Notice to California Residents. If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at +1-800-952-5210, to resolve a complaint about the Service or to obtain more information about your rights.

19. Notice Regarding Apple

This Section 19 applies only if you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Clear Palate only, and not with Apple Inc. (“Apple”). Apple is not responsible for the Service or its content and has no obligation to provide maintenance or support services for the Service.

If the Service does not meet an applicable warranty, you may notify Apple, and Apple will refund the applicable purchase price for the mobile application to you. To the fullest extent permitted by law, Apple has no other warranty obligations regarding the Service.

Apple is not responsible for addressing claims from you or third parties related to the Service or your use of it, including but not limited to:
(1) product liability claims;
(2) claims that the Service fails to comply with applicable legal or regulatory requirements; or
(3) claims arising under consumer protection or similar laws.

Apple is also not responsible for handling, defending, settling, or discharging any third-party claim that the Service or your use of it infringes on another party’s intellectual property rights.

You agree to follow any applicable third-party terms when using the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms, and by accepting them, Apple will have the right (and be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

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

19.1 Consent to Share Consumption Data with Apple.
By using our app and making in-app purchases, you consent to Clear Palate sharing data about your use and consumption of purchased content with Apple, when needed to resolve refund requests. This may include details about how you accessed and interacted with purchased content. Such data sharing is done only as necessary to process refund requests and in compliance with Apple’s policies.

If you have any questions about these Terms, you may contact us at info@clearpalate.com.

20. Advertising & Promotions (Revised)

20.1 Ads in the Free Tier.

If you use the free version of the Service, you acknowledge and agree that Clear Palate may display advertisements, promotions, sponsored content, or other marketing messages (“Ads”) within the Service. Ads are a fundamental part of the free tier experience. By accessing or using the free tier, you consent to the display of such Ads. These Ads may be contextual (based on the content you are viewing or general device information), but will not use your dietary or allergy information for targeting, consistent with our Privacy Policy.

20.2 Third-Party Content.

Some Ads may be provided by third parties. These Ads may link to external websites, services, or products (“Third-Party Content”). Clear Palate does not control, endorse, or assume any responsibility for Third-Party Content, including its accuracy, reliability, legality, or availability. Any interactions, purchases, or transactions you make with third parties after clicking on an Ad are solely between you and that third party. The inclusion of any Ad does not constitute an endorsement by Clear Palate. Sponsored content will be clearly identified as such. Clear Palate expressly disclaims liability for any loss, damage, or issues that may arise from such interactions or transactions.

20.3 No Warranties.

Clear Palate does not warrant or guarantee the quality, safety, accuracy, or suitability of any Third-Party Content displayed in Ads. You acknowledge and agree that your reliance on such Ads, and any Third-Party Content accessed through them, is at your sole risk.

20.4 Promotional Communications.

In addition to in-app Ads, Clear Palate may send you promotional messages by email, push notification, or SMS, as described in Section 9 (Communications). By using the free tier, you consent to receiving such promotional messages. You may opt out of receiving promotional communications at any time, but opting out will not remove in-app Ads from the free tier.

20.5 Premium Services.

Clear Palate offers a paid subscription tier (“Premium Services” or “Pro”), which provides an ad-free experience along with other benefits that may be described in the Service or on our pricing page. By upgrading to Premium Services, you acknowledge that Ads are part of the free tier only, and that removal of Ads is a benefit reserved for paying subscribers. Refunds or trial periods, where available, will be handled in accordance with the policies of the Apple App Store, Google Play Store, or other platform through which you subscribed.

20.6 Right to Modify.

Clear Palate reserves the right, at its sole discretion, to modify the type, frequency, placement, and nature of Ads displayed in the free tier, and to modify or update Premium Services benefits, including the removal or absence of Ads. We may also introduce new promotional formats or monetization methods from time to time. Any such modifications will take effect upon posting or as otherwise communicated to you.

21. Third-Party Services and Platforms

Some features of the Service may be accessed, downloaded, or used through websites, marketplaces, servers, devices, or services that are not owned or controlled by Clear Palate. For example, you may download or install the Service from a third-party app store, or access the Service through servers operated by third parties.

Clear Palate is not responsible for your access to or use of the Service through any third-party service, device, or platform that we do not control. We have no responsibility for how such services are provided, administered, or operated, and we make no warranties regarding their performance or availability.

Your use of the Service through third-party services or platforms is at your own risk and may be subject to additional or different terms and conditions imposed by the third party that owns or controls such services. You are solely responsible for reviewing and complying with any such terms.