This Agreement sets forth the terms of service for your use of the Clean Simple Eats Application (“the App”) provided by Clean Simple Eats, LLC (the “Company”) and was last modified on January 1, 2024.
By accessing the App, by clicking “accept,” or by using the Services, you agree to be bound by this Agreement and that you are over 18. If you do not agree with these terms, you should leave the Company website or remove the Application and discontinue use of the Services immediately.
In these terms and conditions, “We/us/our/Clean Simple Eats” means Clean Simple Eats, LLC. “You/your” means you as a User of the App and/or Customer of the Services.
The Services.
The Company provides Users with access to Clean Simple Eats + (“CSE+”) a consumer app focused on providing health and fitness services and information, including a variety of educational resources and planning tools. There is a free version of the App, as well as a paid version that gives Users access to additional tools and resources under a month-to-month subscription. Rates are as disclosed within the App or on the Company Website. Users also have access to in-app purchases from the Clean Simple Eats e-commerce store, which offers a variety of physical products from nutritional support to recipe books. The educational and planning resources are available through the App, or as otherwise indicated at the point of checkout. The physical products will be shipped, in accordance with these Terms of Service (and the shipping and refund policies below).
Payment.
No Payment is required to access the free version of the App. For the paid version, Payment is required before using the Services (“CSE+”) and accessing the content or resources included in your respective subscription level, and may be a one-time fee, or a monthly or other recurring fee, as applicable. We offer a free, 1-month trial of the paid app. After one month, 1-month trial for the paid app, the subscription will automatically charge the monthly subscription fee and then renew monthly. Subscriptions will automatically renew after the end of the period. Please check the details of your Subscription for the information specific to your Services. The Company is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be prepaid or by installment. Failure to make a subscription or installment payment will result in suspension or termination of the Services. The Company does not guarantee any specific results from use of the Services. The Company does not make any representations or warranties as to specific outcomes or results.
Digital App & Services Refund Policy & Cancellations.
All in-app subscriptions are billed through the App Store or Google Play and are subject to the terms required by those third-party platforms. To cancel a subscription, please do so in accordance with the terms of the App Store or Google Play. You may cancel a subscription at any time. Depending on the terms of the third-party platforms you may or may not be eligible for a refund.
Android: To cancel, open the Google Play app, click your username circle in the top right corner, click Payments & Subscriptions, click Subsections and then CSE+ app to cancel. For more information, visit: https://support.google.com/googleplay/answer/7018481?co=GENIE.Platform%3DAndroid&hl=en
iPhone: To cancel, open your Settings app, click your Apple ID, click Subscriptions, and then the cancel button for CSE+.
For support or questions about your Android App purchase, please message us through the app by clicking “Report a Bug”, or email our Support team directly at hello@cleansimpleeats.com and include your User ID. If you are requesting a refund, please only do so after cancelling your App subscription.
For questions about your Apple purchase, please contact Apple directly. (All Apple subscriptions must be refunded through Apple. Due to their strict privacy terms, Apple does not share your billing information with us, which means we cannot issue refunds directly since we do not receive any of the payment information. For more information, or to obtain support from Apple, go here: https://support.apple.com/en-us/HT204084)
Terms.
This Agreement will be effectively consistent with the relevant term selected for your subscription level - i.e. month to month, as indicated within the App or at checkout. Failure to pay for the Services, including the monthly membership fee, will result in termination of the Services, and your access to the Services or any supporting resources or content will be discontinued.
Hosted Services & Limitations.
The Company shall provide access credentials necessary to permit you to access and use the Hosted Services (the “CSE+ App”), which credentials you agree to keep confidential. The Company hereby grants to you a worldwide, non-exclusive license to use the Hosted Services using the user interface in accordance with these terms and any additional supporting documentation during the Term.
Limitations: The user interface may only be used through the App, supported by the respective third-party platform hosting the App. And the user interface may only be used by you (Customer), subject to any limitations that the Company may have in place regarding your account.
Restrictions on Use of Hosted Services.
You may not sub-license your right to access and use the Hosted Services, permit any unauthorized users to access or use the Hosted Services, republish or redistribute any content contained in the Hosted Services, conduct, make any alteration to the platform, or request or permit any third party to conduct load testing or penetration testing of the Hosted Services, or use the Hosted Services in any way that causes damage to the platform or Hosted Services or impairs access by others to the Hosted Services. You are prohibited from using the Hosted Services for or in connection with any unlawful, illegal, harmful or fraudulent purpose or activity.
Release of Software Features.
The release and update of any additional features to the App are not guaranteed. The company makes no guarantees regarding updates, new software features, or continued access to the App. The company reserves its rights to discontinue or remove the App at any time.
Third Party Platforms and Policies.
Company is not responsible for and will not be held liable for any decisions, policies or changes made by Companies providing third-party platforms, software, hardware, or support services that impact the Customer’s use of or access to the Hosted Services. This includes but is not limited to changes or impacts to website browsers, App platforms including iTunes (the App Store) or Google Play, operating systems, software or hardware, or any other third-party service or application. Company is not responsible if, for any reason, Customer’s app is terminated or precluded from a third party platform or service, or if Customer is prevented from using or accessing the Hosted Services due to any reason beyond Company’s control. Similarly, if a relevant third party implements a policy change, an update to their platform or services, or otherwise makes a decision that prevents Company from continuing its Hosted Services in the marketplace, Company will not be liable for such a change or its resulting impact on Customer. Customers may cancel their membership or services with Company at any time including as a result of an adverse impact such as those described above, but no refunds will be available.
App or Software Code.
The App or software code is proprietary and at all times remains the exclusive property of the Company. You have no right to access, copy, or alter the App or code (including object code, intermediate code and source code) during or after the Term.
App Maintenance.
Company shall make reasonable efforts to maintain the availability of the Hosted Services, but does not guarantee 100% availability or performance. Company anticipates that there is at least some likelihood that any of the following events may occur during the Term of your Services, the occurrence of which shall not constitute a breach of these Terms or delivery of the Services: a failure or technical issues involving the internet or public telecommunications network, a fault or failure related to your (the Customer’s) computer systems or networks, a Force Majeure Event, and/or scheduled maintenance or updates carried out in accordance with the terms of this Agreement.
Company will make reasonable efforts, where practicable, to provide advance notice regarding any maintenance or updates to be performed which may affect the availability of the Hosted Services or which may have an adverse impact on the functionality of the Hosted Services. The company will also attempt to conduct maintenance and updates outside of normal business hours, whenever possible, and limit any related downtime.
You acknowledge that a temporary suspension of services, or downtime related to maintenance or updates of the Hosted Services, shall not constitute a breach of this Agreement, and is anticipated by both parties.
App Support.
Customers may submit support requests to the Company's support team at hello@cleansimpleeats.com. The support request will be reviewed and sent to the Company's development team if necessary. The company will process support requests as quickly as possible, however there are no guarantees regarding response or support time. Company may suspend the provision of the Support Services if any amount to be paid by Customer under this Agreement is overdue. Support Services will be suspended until payment is brought.
Customer Data.
You (Customer) hereby grant to Company a non-exclusive license to store, reproduce, copy, distribute, export, publish, edit and translate the Customer Data as may be reasonably required to perform its obligations and exercise its rights in accordance with this Agreement. You also grant Company the right to sub-license these rights to any supporting third-party service providers in order to perform under this Agreement, subject to any restrictions elsewhere in these terms.
Customer represents and warrants that all Customer Data (all data, material and content uploaded to or stored on the Platform by the Customer), does not infringe the Intellectual Property rights or other legal rights of any third party, and does not violate any law or regulation. The Company may make back-ups of Customer Data as reasonably required to provide or restore the Hosted Services, but shall only keep said data for a limited time, subject to the sole discretion of the Company and consistent with Company’s data retention policies. The customer is at all times responsible to keep its own copies of any data uploaded to or stored on the Platform provided by the Company. You may download the information you have entered into the App, including any photos at any time. The company will not be responsible for any lost or missing data.
For any Personal Customer Data disclosed to Company in connection with this Agreement, Customer represents and warrants that it has the legal right to disclose and share such Personal Customer Data.
No Assignment of Intellectual Property Rights. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property rights of the Parties from one to the other. The Parties retain their original intellectual property in all circumstances.
Reservation of Rights.
Company reserves the rights to remove you from the Services for cause, whether a breach of this contract, an act of misfeasance against the Company, a representative of the company or a participant of the Company’s Services or programs, or other inappropriate action, which harms the Company or a third party. Such a determination shall be made solely by the Company. You agree that your exclusive remedy in such a scenario, if any, will be limited to the refund of any amount paid to participate in the Services.
Data Scraping Prohibited.
Data scraping or data mining of any kind from the App, the Company website, or from any platforms, groups, or online forums operated by the Company is strictly prohibited. Copying, removing, or otherwise scraping data, information or content, regardless of the reason, from the App, website, or from any platform, group, or online forum operated by the Company is a violation of these Terms and will result in your immediate removal from the Services and any program offered by the Company, including from within any platforms, groups, or online forums associated with those services, without refund or recourse, which decision shall be in the sole discretion of the Company.
Disclaimer / Limitation of Liability.
USE OF THE SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. The Company and its employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the Services or any content provided as part of the Services. You bear sole responsibility for the use and implementation of these services. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve. THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE NOT SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS, SERVICES OR PROGRAMS OFFERED HEREIN OR IN CONNECTION HEREWITH DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY DECISION, ACTION OR OUTCOME FOLLOWING THE PRESENTATION OF INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE APP, SERVICES OR COMPANY WEBSITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE INTERNET AND THIS APP, THE WEBSITE, AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE APP, OR PRODUCTS OR SERVICES OFFERED THROUGH THE APP WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE OR PAID APP OR INFORMATION DOWNLOADS) FOR ANY ECONOMIC OR FINANCIAL LOSSES, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY LOSSES OR DAMAGES; IN ANY CASE WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE APP, OUR SERVICES, OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION WITHIN THE APP, ONLINE OR OFFLINE, OF ANY USER OF THE APP OR COMPANY WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE APP OR THE WEBSITE OR $100.00.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WHERE CERTAIN STATE LAWS MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
Results Disclaimer.
RESULTS ARE NOT GUARANTEED. Any statement made on the Company Website or in the Services regarding results or outcomes are provided as examples only, and do not guarantee you future results or outcomes. Please note that the stated results are not typical and there is no guarantee that you will achieve the same or similar results. As with any endeavor, results may vary, and depend on a wide variety of factors including, but not limited to, your skill, knowledge, ability, dedication, fitness or health savvy, network, and financial situation. The use of any products or services offered through the Company should be based on your own due diligence. You agree that the Company (including its agents, representatives, sponsors, promoters, advertisers or affiliates), are not responsible for the success or failures you experience.
Relationship.
Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
Modification.
The Company may modify these Terms of Services from time to time and without notice. You agree to be bound by the terms in place at the time of your use of the App or the Services and any future modifications when such modifications are updated in these Terms. You should review this Agreement regularly during the use of the App or Services to keep apprised of any changes.
Assignment.
No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.
Third Party Beneficiaries.
This Agreement is solely for the benefit of the parties and their successors and permitted assignments, and does not confer any rights or remedies on any other person or entity.
Governing Law.
This Agreement and any action related thereto will be governed by the laws of the State of Utah, without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Salt Lake County, Utah.
Dispute Resolution & Binding Arbitration.
In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute: first, by confidential mediation, to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Salt Lake City, Utah, which mediation may occur in-person, online (via webcams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate; second, by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Salt Lake County, Utah may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Salt Lake City, Utah. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Force Majeure.
If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to the Company; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (90) days, the other party may terminate this Agreement.
Construction.
This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
Binding Effect.
This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Damage Waiver.
Under no circumstances whatsoever shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under this Agreement, arising out of your participation in the App or Services including due to the actions, statements or behavior of any third parties or participants of the Services. This provision applies even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to the Company for the services during the term of the Services or membership.
Intellectual Property.
All materials provided to you as part of your Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of the Company. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of the Company. All trademarks, logos, and service marks displayed on any materials provided as part of your Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content via the App, online or otherwise as part of the Services subject to this Agreement should not be construed as granting any license or right to duplicate said content, including trademarks, logos and service marks of the Company or any third-party.
Waiver.
The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Severability.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Indemnity.
You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes the Company to be liable to a third party.
Voidability.
This Agreement cannot be voided by not logging in to the Services or the App, where applicable, by not accessing or using the Services as delivered, or in any other way attempting to avoid viewing or taking delivery of the Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
Entire Agreement.
This Agreement represents the entire understanding and agreement of the parties relating to the App and Services, and any and all prior agreements, understandings, and representations, whether expressed or implied, written or oral, regarding the Services, are of no further force and effect. You may receive a copy of this Agreement at any time by emailing the Company at hello@cleansimpleeats.com and requesting a copy of the App “Terms of Service.”
Contact.
If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at hello@cleansimpleeats.com.
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