Terms of Service

Smoothie Architect ("we", "us", "our") operates the Service from Québec, Canada.

Support & legal notices: support@smoothiearchitect.com

• You must be at least 13 years old (or the minimum age in your jurisdiction). In Québec, users under 14 require parental consent unless the processing is clearly for the minor’s benefit.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorized use.
• Bot/automated accounts are prohibited. Accounts must be created and used by real people; do not use scripts or automated means to register or access the Service.
• Sanctions & export controls: You confirm you are not located in, under control of, or a national/resident of any country or region subject to comprehensive embargoes (e.g., as designated by Canada, the U.S., EU/UK), and you are not on any government restricted‑party list. You agree to comply with all applicable export and trade laws.
• We may refuse, suspend, or terminate accounts that violate these Terms or applicable law.

Some features are free; others require a paid subscription ("Pro").

3.1 Auto‑renewal

Paid plans auto‑renew at the end of each billing cycle until canceled. You authorize us and/or our payment partners (e.g., Stripe) to charge your payment method for the subscription price and applicable taxes.

3.2 Trials and promotions

If offered, trials convert to paid plans unless canceled before the trial ends. We may modify or withdraw promotions at any time.

3.3 How to cancel

• Web purchase (Stripe): cancel in your account settings; your plan remains active until the end of the current period.
• App stores: if you subscribed through Apple App Store or Google Play, cancel through the respective store. We cannot cancel or refund store purchases.

3.4 Refunds

Fees are non‑refundable except where required by law. If we materially breach these Terms and fail to cure within a reasonable time after notice, you may be entitled to a pro‑rated refund for the unused period (where required by applicable law).

3.5 Price changes

We may change prices with prior notice. Changes take effect at your next billing cycle. If you do not agree, cancel before renewal.

3.6 European/UK right of withdrawal (Consumers)

If you are an EU/UK Consumer purchasing services online, you generally have 14 days from contract conclusion to withdraw without giving a reason. If you ask us to begin the service during the withdrawal period, you will pay a proportionate amount for the service provided until withdrawal. For digital content/services supplied in full with your express consent before the end of the withdrawal period, you may lose the right of withdrawal as permitted by law. To exercise this right, send a clear request to support@smoothiearchitect.com. We will refund eligible amounts within 14 days using the original payment method where possible.

3.7 App Store (Apple ID) subscriptions

If you subscribed via Apple App Store:

• charges are billed to your Apple ID;
• subscriptions auto‑renew unless canceled at least 24 hours before the current period ends;
• renewal charges may occur within the 24 hours before period end;
• manage/cancel in your App Store account settings; we cannot cancel or refund App Store purchases. If App Store terms conflict with these Terms, App Store terms control for those purchases.

You retain ownership of the content you create and upload (e.g., recipes, photos, comments, likes, favorites, shopping lists) ("User Content").

4.1 License you grant to us

To operate and improve the Service, you grant us a worldwide, non‑exclusive, royalty‑free, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content solely for:

• providing, operating, and improving the Service;
• promoting the Service (e.g., showcasing community recipes), unless you opt out by contacting support@smoothiearchitect.com.

This license ends when you delete the User Content from the Service, except to the extent (i) it has been shared or reused by others, (ii) reasonable copies persist in backups for a limited time, or (iii) retention is required by law.

4.2 Your responsibilities

You represent and warrant that you have the rights to post your User Content and that it does not infringe or violate any law or third‑party rights (including privacy and intellectual property). You are solely responsible for your User Content.

4.3 Moderation

We may remove or disable access to User Content that we reasonably believe violates these Terms or the rights of others. We may also limit features or suspend accounts to keep the community safe.

Do not misuse the Service. For example, you must not:

• break the law or violate others’ rights;
• post illegal, infringing, deceptive, harassing, hateful, or harmful content;
• upload malicious code, scrape or reverse engineer except as allowed by law;
• attempt to gain unauthorized access to accounts, systems, or data;
• use the Service to provide medical, nutritional, or fitness advice as a licensed professional without appropriate qualifications and compliance;
• use any automated means to create accounts or collect data without our consent.

Additional prohibitions:

• conceal your identity, impersonate others without permission, or misrepresent affiliation;
• probe, scan, or test the vulnerability of the Service; bypass or defeat security or access controls;
• install, upload, or distribute malware; interfere with or disrupt the Service or networks;
• harvest or scrape content or data except as explicitly permitted by us;
• publish unlawful, obscene, defamatory, or third‑party rights‑infringing content (including IP, trade secrets, or personal data) without authorization;
• send spam, run unsolicited promotions, or use the Service primarily for commercial solicitation without our consent.

We may take reasonable measures to protect the Service and community, including content removal, feature limits, and account suspension where warranted.

The Service may display estimated nutritional values and wellness tips. We are not a healthcare provider. Information on the Service is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health professional with questions about a medical condition, diet, or nutrition. Never disregard professional advice because of something you read in the app.

Food allergies and intolerances are user‑managed; always check ingredient labels and consult professionals as needed.

Your use of the Service is also governed by our Privacy Policy and Cookie Policy (both incorporated by reference). They explain how we collect and use personal information and how to manage cookies and analytics.

We rely on third parties (e.g., Stripe for payments, Google Cloud/Firebase for hosting, Google Analytics for usage analytics). Your use of third‑party services may be subject to their terms and privacy policies. We are not responsible for third‑party websites or services.

If you download the app through Apple App Store or Google Play, their terms also apply to your use and purchases. If you obtained the app via the Apple App Store, Apple may enforce these Terms as a third‑party beneficiary.

We and our licensors own the Service and its content, including the site/app design, text, graphics, logos, icons, images, software, and trademarks (collectively, "**SA Content**"). Except for your User Content and as otherwise permitted by law, you may not copy, modify, distribute, sell, or lease any part of the Service or SA Content without our prior written consent.

We grant you a limited, non‑exclusive, non‑transferable, revocable license to use the Service for your personal, non‑commercial use, subject to these Terms.

If you believe something on the Service infringes your rights, contact us at support@smoothiearchitect.com with details (including URLs and proof of ownership). We may remove or restrict content while we review.

If you send suggestions, ideas, or feedback, you grant us a worldwide, perpetual, irrevocable, royalty‑free license to use them without restriction or compensation, with no obligation to keep them confidential.

We may add, modify, or discontinue features at any time. If a change materially reduces core paid features for your current term, you may cancel and (where required by law) request a pro‑rated refund for the remaining period.

11A. Service availability & maintenance

To keep the Service reliable, we may temporarily interrupt or limit availability for maintenance, updates, security, or force‑majeure events. Where feasible, we’ll provide advance notice for planned maintenance. If the Service is discontinued, we will provide reasonable notice and a means to export your data consistent with applicable law.

You may stop using the Service at any time and/or delete your account in settings. We may suspend or terminate access if you violate these Terms or create risk or legal exposure for us.

Upon termination: (a) your license to use the Service ends; (b) we may delete your data from active systems (subject to legal retention and backups); and (c) sections that by their nature should survive (e.g., 4, 5, 6, 8–16) will survive.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.

However, nothing in these Terms limits your non‑waivable rights under applicable consumer protection laws (including Québec law) or our liability for gross negligence or intentional misconduct where such limitations are not permitted.

To the fullest extent permitted by law, we (and our affiliates, directors, officers, employees, and agents) are not liable for: (a) indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenues, data, or goodwill; or (c) outages or events beyond our reasonable control.

Where liability cannot be excluded, our aggregate liability arising out of or relating to the Service shall not exceed the greater of: (i) CAD \$100 or (ii) the amounts you paid to us for the Service in the 6 months before the event.

These limits apply to the fullest extent permitted by law and do not limit liability for gross negligence, intentional misconduct, or where prohibited by law.

You agree to defend, indemnify, and hold harmless Smoothie Architect and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your: (a) use of the Service; (b) User Content; (c) violation of these Terms; or (d) violation of any law or third‑party right.

These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict‑of‑laws principles. You and Smoothie Architect submit to the exclusive jurisdiction of the courts located in Québec City, Québec, except where applicable law provides you with non‑waivable rights to bring claims elsewhere.

Residents of the EU/UK/California and other jurisdictions retain any mandatory consumer protection rights under their local laws.

Amicable dispute resolution

Before filing a formal action, please contact support@smoothiearchitect.com with a brief description of the issue and your account/email. We’ll review and respond in good faith, typically within 21 days.

Online dispute resolution for EU/EEA Consumers

The European Commission provides an Online Dispute Resolution (ODR) platform for consumer disputes: https://ec.europa.eu/consumers/odr . You may use this platform to resolve disputes related to online purchases.

We may update these Terms from time to time. If changes are material, we will provide notice (e.g., in‑app or email). The "Effective date" above indicates when these Terms last changed. Continuing to use the Service after changes take effect means you accept the updated Terms.

• No waiver: Our failure to enforce a provision is not a waiver.
• Severability: If any provision is unenforceable, the rest remain in effect.
• Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Entire agreement: These Terms (plus policies referenced here) are the entire agreement between you and us regarding the Service.
• Force majeure: We are not liable for delays or failures due to events beyond our reasonable control.
• No agency/partnership: These Terms do not create an employment, agency, or partnership relationship between you and us.

Questions about these Terms?
support@smoothiearchitect.com