Terms of Use

1. Agreement, provider, and scope

Rodriques Labs LLC ("Rodriques Labs," "we," "us," or "our") provides Food Journal Plus ("FJP"). These Terms of Use ("Terms") apply to the FJP mobile application; the Food Journal Plus marketing, support, and legal websites; FJP accounts, application programming interfaces, cloud synchronization, backend services, and other FJP services (collectively, the "Services").

You must affirmatively accept these Terms during the FJP onboarding process before using the app. By selecting the applicable agreement control and completing onboarding, or by otherwise affirmatively accepting these Terms when presented, you agree to be bound by them. If you do not agree, do not use the Services. The separate Rodriques Labs company website is governed by its own website terms.

IMPORTANT: SECTION 15 REQUIRES MOST DISPUTES BETWEEN YOU AND RODRIQUES LABS TO BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. EXCEPT FOR ELIGIBLE INDIVIDUAL SMALL-CLAIMS MATTERS AND RIGHTS THAT APPLICABLE LAW DOES NOT PERMIT YOU TO WAIVE, YOU AND RODRIQUES LABS WAIVE THE RIGHT TO A JUDGE OR JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

2. Product websites and pre-release information

The FJP product websites may provide general information, legal documents, support materials, and product-status updates. Product descriptions, plans, availability, features, release timing, testing access, and pre-release functionality may change. Unless Rodriques Labs expressly states otherwise in a separate written agreement, website or pre-release content is not an offer, guarantee, or commitment to release a product or feature.

3. Eligibility and accounts

You must be at least 18 years old to use the FJP app or create an FJP account, and you must be legally permitted to use the Services where you live. FJP does not offer access based on parental or guardian consent for anyone under 18.

If you create an account, you agree to provide accurate information, keep your credentials confidential, maintain control of the email address associated with the account, and promptly notify us if you believe the account has been compromised. You may not share an account, impersonate another person, or create an account for someone who is not eligible to use FJP.

4. Food, nutrition, and wellness information

FJP is intended to support personal food journaling and general nutrition awareness. It does not provide medical advice, diagnosis, screening, monitoring, or treatment and is not a substitute for advice from a qualified healthcare professional. Do not use FJP for a medical emergency.

FJP may calculate or display calorie and other nutrition targets, reference values, trends, statuses, and general or profile-based nutrition cues using information you provide and reference data. Optional personalized setup may use information such as date of birth, height, weight, activity level, nutrition goals, and an optional Sex selection used solely as a calculation reference for applicable nutrition reference tables. FJP does not currently ask users to provide pregnancy or lactation status and does not use medical conditions, medications, or allergies to generate its outputs.

Food composition data, estimates, targets, cues, reference values, and other nutrition information can vary, may be incomplete, and may contain errors. Informational statuses such as "on target," "trending low," or "over" a selected limit are not medical warnings, health-risk assessments, diagnoses, treatment recommendations, or guarantees of health outcomes. You are responsible for deciding whether information is appropriate for your circumstances, including allergies, medical conditions, pregnancy or lactation, medications, and eating-disorder concerns. Seek appropriate professional advice when making decisions that may affect your health.

5. Acceptable use

You may use the Services only for lawful purposes and in accordance with these Terms. You may not:

• Interfere with or disrupt the Services, bypass access, security, usage, or technical restrictions, or attempt unauthorized access to an account, system, or data.
• Introduce malicious code or use the Services to violate another person’s rights or applicable law.
• Submit unlawful, harmful, fraudulent, or infringing content, impersonate another person, or misrepresent an affiliation with FJP or Rodriques Labs.
• Use automated means in a way that unreasonably burdens the Services or disregards published technical restrictions.
• Copy, sell, sublicense, rent, lease, distribute, or commercially exploit the Services, or derive or attempt to derive source code, except to the extent a restriction is prohibited by applicable law or permitted by an applicable open-source license.
• Use FJP, its outputs, or non-public aspects of the Services to develop or train a competing product without our written permission, except to the extent applicable law does not permit this restriction.

6. Your content, local data, and Cloud Sync

You retain ownership of information and content you enter into FJP. You represent that you have the rights needed to provide that content and that doing so does not violate law or another person’s rights.

You grant Rodriques Labs a limited, non-exclusive license to host, store, reproduce, process, transmit, and display your content only as reasonably necessary to operate, secure, and support the features you choose to use. This license ends when the content is deleted from systems controlled by Rodriques Labs, subject to reasonable technical processing time and information Rodriques Labs is permitted or required to retain. Our handling of personal information is described in the FJP Privacy Policy and, where applicable, the Consumer Health Data Privacy Policy.

Core journal information is designed to remain available locally without an account or subscription. Account creation, subscription purchase, and Cloud Sync are separate choices. If you enable Cloud Sync, the profile, journal, reminder, and other information you choose to synchronize may be transmitted to and stored by FJP services. Journal photographs are synchronized only if you separately choose to include them; profile photographs are not currently included in Cloud Sync.

You are responsible for maintaining access to your device and for using available synchronization, export, or other backup features appropriate for your needs. Synchronization and cloud storage may reduce some risks but do not guarantee that content can never be lost, corrupted, or unavailable.

7. App license and intellectual property

Subject to these Terms and applicable app-store rules, Rodriques Labs grants you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the app for its intended purpose on devices you own or control. For an iOS app obtained through Apple’s App Store, Apple’s Standard Licensed Application End User License Agreement applies to the app license unless a different end-user license agreement is provided through the App Store. Applicable app-store usage rules also apply.

The Services, including their software, design, branding, documentation, and content supplied by Rodriques Labs, are owned by Rodriques Labs or its licensors and are protected by intellectual-property laws. Except for the limited license above, these Terms do not transfer ownership rights to you. Apple, Google, and other platform providers are not responsible for providing or supporting FJP except as stated in their own terms or required by law.

8. Paid features and subscriptions

Core local journaling does not require a paid subscription. FJP plans to offer optional paid features, which may include Cloud Sync and cross-device synchronization. The specific paid features available at launch will be identified in the applicable purchase flow.

Subscriptions purchased through Apple’s App Store or Google Play are billed and managed by the applicable store. Before purchase, the app and/or store will display the price, billing period, included features, and any applicable introductory or promotional terms. An auto-renewable subscription renews automatically until cancelled in accordance with the applicable store terms. You can manage or cancel an app-store subscription through your store account. Cancellation generally takes effect at the end of the current paid period unless the store or applicable law provides otherwise. Refunds, billing disputes, taxes, and price changes are handled under the applicable store terms and applicable law.

Deleting an FJP account does not by itself cancel an app-store subscription. You must separately manage or cancel the subscription through the applicable store. Ending or losing paid access does not remove journal information that remains only on your device, but Cloud Sync, cross-device synchronization, or other paid features may stop after the applicable access period.

9. Third-party services and app stores

FJP may rely on app stores, device services, cloud hosting and storage providers, authentication or communications providers, and other service providers. Third-party services may be governed by separate terms and privacy notices and may change or discontinue services they control. Rodriques Labs is not responsible for independent third-party services except to the extent required by applicable law, but remains responsible for its own obligations under these Terms.

10. Availability and changes to the Services

Rodriques Labs may update, modify, suspend, or discontinue a website, app feature, account feature, or other part of the Services. We will provide reasonable notice when a material change adversely affects an active paid feature when required by applicable law or an applicable purchase commitment, unless urgent security, legal, or operational circumstances make advance notice impracticable. We do not guarantee that every feature will be available on every device, platform, location, or operating-system version, or that the Services will always be uninterrupted or error-free.

11. Account deletion, suspension, and termination

You may stop using FJP at any time. If you have an account, you may initiate account deletion through the in-app account-deletion control and, where required by an applicable app-store policy or law, through an external deletion resource. Account deletion affects the account and associated information as described during the deletion process and in the Privacy Policy; it does not automatically remove journal information stored only on your device or cancel an app-store subscription.

Rodriques Labs may suspend or terminate access when reasonably necessary to address a violation of these Terms, protect users or the Services, comply with law, prevent fraud or abuse, or respond to a material security risk. When appropriate and legally required, we will provide notice and an opportunity to address the issue. Provisions that by their nature should survive termination, including ownership, accrued payment obligations, disclaimers, liability limits, and dispute terms, remain in effect.

12. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." RODRIQUES LABS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES OR THEIR CONTENT WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT WILL NEVER BE LOST.

Some jurisdictions do not allow certain warranty exclusions. Nothing in these Terms excludes or limits a warranty, consumer right, or remedy that cannot lawfully be excluded or limited.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RODRIQUES LABS AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF RODRIQUES LABS LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID FOR THE SERVICES, INCLUDING THROUGH AN APP STORE, DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) US$100.

These exclusions and limits do not apply to liability, consumer rights, or remedies that cannot lawfully be excluded or limited. This includes liability for fraud, willful misconduct, gross negligence, or death or personal injury to the extent applicable law prohibits a limitation. Your jurisdiction may provide additional rights.

14. Changes, notice, and acceptance

Rodriques Labs may update these Terms as the Services or applicable requirements change. We will revise the "Last updated" date and version, publish the current Terms on the FJP legal website, and retain prior published versions or summaries of material changes through the Legal Update History.

If a change materially affects your rights or obligations, we will provide notice through the app, an FJP website, email, or another appropriate channel and will request affirmative acknowledgement or acceptance when required by applicable law or when appropriate for enforceability. Continued use after an update takes effect constitutes acceptance only to the extent permitted by applicable law.

15. Governing law; binding individual arbitration; small claims

Governing law. These Terms and any dispute arising out of or relating to the Services or the parties' relationship are governed by the laws of the State of New Jersey, United States, without regard to conflict-of-law rules, except that the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of the arbitration agreement in this Section 15. Mandatory consumer protections that applicable law does not permit these Terms to waive remain applicable.

Informal dispute resolution. Before starting arbitration, the party asserting a claim must send the other party a written Notice of Dispute describing the claimant's name and contact information, the nature and factual basis of the dispute, and the relief requested. A notice to Rodriques Labs must be sent to support@foodjournalplus.com and to Rodriques Labs LLC, 532 East Main Street, Unit 406, Bound Brook, New Jersey 08805. Rodriques Labs may send a notice to the email address associated with your FJP account or, if no account exists, to another address you have provided. The parties will attempt in good faith to resolve the dispute for 30 days after receipt of the notice before either party begins arbitration. Any applicable limitations period will be tolled during that 30-day period to the extent permitted by law.

Agreement to binding individual arbitration. Except for an eligible individual claim brought in small-claims court as described below, and except to the extent applicable law gives a party a non-waivable right to proceed in court, you and Rodriques Labs agree that every dispute, claim, or controversy arising out of or relating to these Terms, the Services, your use of FJP, any transaction or subscription, or the relationship between you and Rodriques Labs will be resolved exclusively by final and binding individual arbitration. This includes contract, tort, statutory, privacy, consumer-protection, and other claims.

Waiver of court and jury trial. ARBITRATION IS A PRIVATE DISPUTE-RESOLUTION PROCESS AND IS NOT A LAWSUIT IN COURT. BY AGREEING TO THIS SECTION, YOU AND RODRIQUES LABS KNOWINGLY WAIVE THE RIGHT TO HAVE AN ARBITRABLE DISPUTE DECIDED IN COURT BY A JUDGE OR JURY. An arbitrator, rather than a judge or jury, will decide the merits of an arbitrable dispute, and review of an arbitration award by a court is limited under the FAA.

Arbitration administrator and rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and Mediation Procedures then in effect, as modified by this Section 15. The arbitration will be heard by one neutral arbitrator. If AAA is unavailable or declines to administer the arbitration and the parties cannot agree on a substitute administrator, a court of competent jurisdiction may appoint an arbitrator or administrator as permitted by the FAA. The arbitrator may award the same individual remedies that would be available in court, subject to these Terms and applicable law. A court, rather than the arbitrator, will decide whether this arbitration agreement was formed or is enforceable and any other issue that applicable law requires a court to decide.

Arbitration procedure and location. The arbitration may proceed through written submissions, by telephone or videoconference, or through an in-person hearing, as permitted by the AAA Consumer Arbitration Rules and determined by the arbitrator. Any in-person hearing will occur at a location reasonably convenient for the consumer as required by the applicable AAA rules or otherwise agreed by the parties.

Arbitration fees and attorneys' fees. Arbitration filing, administration, and arbitrator fees will be allocated as required by the AAA Consumer Arbitration Rules and applicable law. Rodriques Labs will pay any fees that those rules or applicable law require the business to pay. Each party will otherwise bear its own attorneys' fees and costs unless a statute, these Terms, the AAA rules, or the arbitrator authorizes an award of fees or costs.

Small-claims exception. Instead of arbitration, either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies for that court, remains solely on an individual basis, and does not seek relief on behalf of anyone else. If a small-claims matter is transferred, removed, appealed, or otherwise proceeds in a court of general jurisdiction, either party may require arbitration to the extent permitted by law.

Individual proceedings only; class-action waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND RODRIQUES LABS AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION, AND AN ARBITRATOR MAY NOT COMBINE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY SUCH PROCEEDING, UNLESS THE PARTIES EXPRESSLY AGREE IN WRITING AFTER THE DISPUTE ARISES. This paragraph does not waive any right or remedy that applicable law does not permit to be waived, including any non-waivable right to seek public injunctive relief.

Arbitration-specific severability. If a court determines that a portion of this Section 15 cannot lawfully be enforced, that portion will be severed or limited to the minimum extent necessary and the remainder will remain in effect. If applicable law prohibits arbitration of a particular claim or remedy, only that non-arbitrable claim or remedy may proceed in court, and any arbitrable claims will remain subject to this Section to the extent permitted by law.

Final award and court enforcement. The arbitrator's award will be final and binding, subject to the limited review permitted by the FAA. Judgment on the award may be entered in any court having jurisdiction. Nothing in this Section prevents a party from asking a court to compel arbitration, enforce an arbitration award, or address an issue that the FAA or other applicable law expressly reserves to a court.

16. Severability; no waiver

If any provision of these Terms is held unenforceable, it will be enforced to the greatest extent permitted by law and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver of the right to enforce it later.

17. Contact

Questions about these Terms may be sent to support@foodjournalplus.com.