End User License Agreement (EULA)
Application: TARE
Licensor: PLATON APPLICATIONS LLC (“Platon Applications,” “Platon,” “Licensor,” “we,” “us,” or “our”)
Effective Date: 6/18/2026
Last Updated: 8/12/2026
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER IN SECTION 19. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR DISPUTES.
TARE IS A GENERAL WELLNESS PRODUCT. IT IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL, NUTRITIONAL, OR TRAINING ADVICE. USE OF THE LICENSED APPLICATION FOR WEIGHT MANAGEMENT, DIETARY TRACKING, OR ATHLETIC PREPARATION CARRIES INHERENT RISKS, INCLUDING THE RISK OF SERIOUS INJURY, ILLNESS, EATING DISORDER, OR DEATH. SEE SECTION 8.
THE LICENSED APPLICATION IS FOR USERS 18 YEARS OF AGE OR OLDER ONLY.
Preamble
This End User License Agreement (“Agreement” or “EULA”) is a binding legal contract between you (“End-User,” “you,” or “your”) and Platon Applications governing your use of the TARE mobile application and any related services (collectively, the “Licensed Application”). By downloading, installing, accessing, or using TARE, or by clicking “I Agree” or any similar acceptance mechanism, you agree to be bound by this Agreement. If you do not agree, do not install or use the Licensed Application.
This Agreement is concluded between you and Platon Applications only, and not with Apple Inc. (“Apple”). Platon Applications, not Apple, is solely responsible for the Licensed Application and its content. This Agreement may not provide usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions in effect as of the Effective Date, which you acknowledge you have had the opportunity to review.
I. Eligibility and Account
1. Age Requirement and Verification
The Licensed Application is intended exclusively for individuals 18 years of age or older. By using TARE, you represent and warrant that you are at least 18 years old.
As part of the onboarding process, Platon Applications prompts you to enter your birth month and birth year separately. Age verification is by self-reporting only. Platon Applications relies on the information you provide and does not independently verify, validate, or authenticate your age through any third-party service, government database, document review, biometric check, or other independent means. You are solely responsible for the accuracy of the age information you provide.
No individual under the age of 18 may use the Licensed Application, create an account, or provide Platon Applications with any personal information. No parent, guardian, or other person may create an account on behalf of, or permit use of an account by, an individual under the age of 18. If Platon Applications becomes aware that an individual under 18 has created an account or provided personal information, Platon Applications in its sole discretion, may terminate the account and delete the associated personal information consistent with Section XXI (Termination) and applicable law.
Material breach for false age information. Providing false age information at any time — including by misrepresenting your age during onboarding, by an adult creating an account on behalf of a minor, or by a minor using an account opened in another person’s name — constitutes a material breach of this Agreement. Without limiting any other remedy available to Platon Applications, a material breach of this Section entitles Platon Applications, in its sole discretion and to the maximum extent permitted by applicable law, to:
- Immediately suspend or terminate your account without notice;
- Delete all data associated with your account, including any user-generated content, Subscription history, and progress data;
- Deny any refund or pro-rated credit for amounts paid under any Subscription;
- Refuse to permit you to create another account, whether under the same or different credentials;
- Pursue any further legal or equitable remedy available, including indemnification under Section XV.
Responsibility of the agreeing party for under-18 use. This Agreement binds only you, the individual who accepts it and who represents that you are 18 years of age or older. Platon Applications does not seek to bind, and this Agreement does not purport to bind, any individual under the age of 18 to any obligation, waiver, release, or assumption of liability.
If an individual under the age of 18 accesses or uses the Licensed Application because you created an account for that individual, permitted that individual to use your account, or otherwise enabled that individual's access in breach of this Agreement, then, to the maximum extent permitted by applicable law:
- You, and not Platon Applications, are responsible for that use and for any resulting liability, harm, claim, or damages;
- You release Platon Applications from any claim that you may bring, on your own behalf, arising out of or relating to that use; and
- You will indemnify, defend, and hold harmless Platon Applications against any claim brought by or on behalf of that individual, or by any third party, arising out of or relating to that use, consistent with Section XV.
To the maximum extent permitted by applicable law, and except where a duty is imposed by law that may not be disclaimed, Platon Applications disclaims any special relationship, fiduciary duty, or heightened standard of care that might otherwise be asserted to arise from use of the Licensed Application by an individual under the age of 18. Nothing in this Section limits, waives, or releases any right or claim belonging to an individual under the age of 18, which cannot be waived, released, or assumed by you or by any other person on that individual's behalf.
2. Your Account
You agree to provide accurate, current, and complete information when registering and to keep that information up to date. You agree to create only one account for your own personal use and not to share your account with others. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify Platon Applications promptly of any unauthorized use of your account.
3. Compliance Representation
You represent and warrant that you have verified, in your own jurisdiction, that your use of TARE is permitted, and that all information you provide in connection with your use of the Licensed Application is true, accurate, and complete.
II. Scope of License
Subject to your compliance with this Agreement, Platon Applications grants you a limited, revocable, personal, non-transferable, non-exclusive, non-sublicensable license to use TARE on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The Licensed Application may also be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing, where applicable.
III. Subscriptions and Payment Terms
TARE offers paid subscription tiers (collectively, “Subscriptions” or “Premium Services”) that provide access to enhanced content, features, and functionality. The free tier of TARE may continue to be available without payment.
1. Subscription Plans
Platon Applications currently offers TARE Pro on two billing cycles:
- Monthly Pro Subscription — $8.99 USD per month when purchased directly through Platon Applications (Stripe), or $12.99 USD per month when purchased through the Apple App Store. Billed at the start of each monthly billing period.
- Annual Pro Subscription — $69.99 USD per year when purchased directly through Platon Applications (Stripe), or $99.99 USD per year when purchased through the Apple App Store. Billed at the start of each annual billing period.
- Three (3) Day Free Trial — new subscribers to TARE Pro may be eligible for a 3-day free trial. The free trial is available only to users who have not previously received a free trial of TARE Pro. Eligibility is determined by Platon Applications and, where applicable, by Apple via your Apple ID.
Platon Applications reserves the right to add, modify, or discontinue subscription tiers, features, free trials, or pricing at any time, subject to the notice and consent provisions below.
2. Payment Method and Payment Processors
When you sign up for a Subscription, you must designate a payment method (“Payment Method”). Payment is processed by one of the following, depending on how you sign up:
- Apple App Store (in-app purchase). If you subscribe through the iOS App Store, Apple processes the transaction under your Apple ID and the Apple Media Services Terms and Conditions. In that case, Apple, not Platon Applications, charges your Payment Method, manages renewals, and handles refunds. Apple’s privacy and payment practices govern that relationship.
- Stripe (direct billing). If you subscribe directly through Platon Applications outside the App Store, payment is processed by Stripe, Inc. (“Stripe”), our third-party payment processor. By providing your Payment Method, you authorize Platon Applications and Stripe to receive, store, encrypt, and charge your Payment Method information in accordance with Stripe’s Services Agreement and Privacy Policy. Stripe is responsible for the security of your card data under the Payment Card Industry Data Security Standard (PCI DSS).
Platon Applications does not directly store full payment card numbers. You are responsible for keeping your Payment Method information current.
3. Automatic Renewal
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL, AS APPLICABLE) AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL FEE, unless you cancel before the end of the current billing period. By signing up for a Subscription, you affirmatively consent to this automatic renewal.
Subscriptions purchased through the Apple App Store renew through your Apple ID account; Subscriptions purchased directly from Platon Applications renew through your designated Payment Method on file.
4. Cancellation
You may cancel your Subscription at any time. Cancellation takes effect at the end of the then-current billing period; you will retain access to Premium Services through the end of that period and will not be charged for the next billing cycle. No partial-period refunds are issued upon cancellation except where required by applicable law.
- If you subscribed through the Apple App Store, you must cancel through your Apple ID subscription settings. Deleting the TARE app or your TARE account will not cancel your App Store subscription.
- If you subscribed directly through Platon Applications (Stripe billing), you may cancel through the in-app account settings or the TARE website, in the same medium in which you signed up. Platon Applications provides a cost-effective, timely, and easy-to-use mechanism for cancellation consistent with applicable consumer-protection laws.
5. Free Trial Conversion
UNLESS YOU CANCEL BEFORE THE END OF THE 3-DAY FREE TRIAL PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONVERT TO A PAID PRO SUBSCRIPTION AT THE END OF THE TRIAL and your Payment Method will be charged the then-current Monthly or Annual Pro Subscription fee, as you selected at the time of signup. Cancellation prior to conversion can be made through your Apple ID subscription settings (if you signed up via the App Store) or through your account settings or by contacting support@platonapplications.com (if you signed up directly via Stripe). Free trial offers may not be combined, are not transferable, and may not be redeemed for cash.
6. Refunds
Except as required by applicable law or as expressly stated by Platon Applications, all Subscription fees are non-refundable. Refunds for Subscriptions purchased through the Apple App Store are governed by the Apple Media Services Terms and Conditions and must be requested through Apple. Residents of certain jurisdictions may have non-waivable cancellation or refund rights; nothing in this Agreement limits those rights.
7. Price Changes
Platon Applications may change Subscription prices at any time. Where required by applicable law, Platon Applications will provide reasonable advance notice of any price change (and, for California residents, will obtain affirmative consent to material price increases consistent with Cal. Bus. & Prof. Code §§ 17600–17606). If you do not agree to a price change, you may cancel your Subscription before the change takes effect; continued use of the Subscription after the effective date of the change constitutes acceptance of the new price.
8. Failed Payments
If a payment for a Subscription fails or is declined, Platon Applications may make reasonable efforts to notify you and resolve the issue, and reserves the right to suspend or terminate your access to Premium Services until payment is received. You remain responsible for unpaid amounts.
9. Renewal Reminders for California Residents
For Subscriptions with an initial term of one year or longer, California residents will receive a renewal reminder notice between 15 and 45 days before the renewal date. For free trials or promotional periods lasting longer than 31 days, California residents will receive a notice between 3 and 21 days before the end of the trial or promotional period.
IV. Updates and Changes to the Services
Platon Applications may provide updates for the Licensed Application, including upgrades, bug fixes, patches, modifications, and new features (collectively, “Updates”). Certain portions of the Licensed Application may not function properly without installing Updates. This Agreement applies to any Updates. Platon Applications has no obligation to provide Updates or to continue any particular feature or functionality.
Platon Applications may modify, suspend, or discontinue the Licensed Application or any feature of it at any time, with or without notice. Platon Applications will not be liable to you or any third party for any such modification, suspension, or discontinuance.
V. Restrictions on Use
Except as expressly permitted by applicable law or this Agreement, you agree not to:
- Modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Licensed Application;
- Rent, lease, lend, sell, redistribute, sublicense, or commercially exploit the Licensed Application or any of its content;
- Create derivative works based on the Licensed Application or its content;
- Remove, alter, or obscure any proprietary notices or labels;
- Use the Licensed Application to collect, harvest, or use information about other users without their express consent;
- Engage in data mining, scraping, or automated data extraction from the Licensed Application, including via robots, spiders, crawlers, or similar tools;
- Bypass or attempt to bypass any access or security measures (including CAPTCHA, rate-limiting, or authentication mechanisms);
- Interfere with, disrupt, or impose an unreasonable load on the Licensed Application’s infrastructure;
- Upload or transmit viruses, malware, ransomware, or any other malicious code; or
- Use the Licensed Application for any unlawful purpose or in violation of any applicable law or regulation.
VI. Data Collection, Storage, and Use
TARE is a health and fitness tracking application. To deliver its features, TARE collects, processes, and stores the following categories of data:
- Weight measurements entered by you or imported from connected devices.
- Calorie intake logged manually or estimated through third-party AI models (see Section VII).
- Hydration intake logged by you.
- Workout and activity data sourced from wearable devices via the Apple HealthKit framework.
- Menstrual cycle information (opt-in only) — if you affirmatively opt in, TARE collects menstrual cycle data including cycle start and end dates, cycle length, symptoms, and related observations, which may be entered manually or imported via Apple HealthKit. This data is treated as sensitive reproductive health data and is subject to the additional protections set forth below.
This data is used to: (a) display your progress, (b) generate weight-trend predictions and visualization models, (c) personalize the experience within the Licensed Application, (d) improve the accuracy of TARE’s features, and (e) for users who opt in, support cycle awareness, training planning, and analysis of energy availability and the female athlete triad in the context of athletic preparation.
Apart from limited data sharing with third-party advertising partners as described in Subsection VI.1 (Advertising and Tracking) below and in the Privacy Policy, Platon Applications does not sell your personal data. Apple HealthKit data and menstrual and other reproductive health data are never shared with advertising partners, never used for advertising or marketing, and never sold, regardless of any tracking permission you grant.
1. Advertising and Tracking
The Licensed Application is supported in part by third-party advertising delivered through Google AdMob and similar advertising networks. To deliver, measure, frequency-cap, and report on advertising, certain device data, usage data, and advertising identifiers may be collected by Platon Applications and shared with these advertising partners. Use of this data by advertising partners is also governed by their respective terms and privacy policies.
Where required by Apple’s App Tracking Transparency (“ATT”) framework, TARE will display a permission prompt before tracking your activity across other companies’ apps and websites for personalized advertising purposes. If you grant tracking permission, TARE may share your Identifier for Advertisers (IDFA) and related data with advertising partners to deliver personalized advertising. If you decline tracking permission, you will continue to receive advertising in the Licensed Application, but it will be non-personalized (contextual), your IDFA will not be shared with advertising partners, and cross-app/cross-site behavioral profiling will not occur.
Regardless of your tracking choice, the following data is never used for advertising or marketing, never shared with advertising partners, and never sold:
- Apple HealthKit data, as required by Apple’s HealthKit terms (see Section VIII);
- Menstrual cycle and other reproductive health data, regardless of opt-in status (see Subsection VI.2);
- Any sensitive personal information as defined under applicable state privacy law, except as you may separately and explicitly authorize.
Details on the categories of data shared with advertising partners, the identities of those partners, retention periods, and how to exercise your rights — including the California “Do Not Sell or Share My Personal Information” right and the right to limit use of sensitive personal information — are set forth in the Privacy Policy.
2. Reproductive Health Data — Opt-In Only
Menstrual cycle information and any related reproductive health data are collected only with your separate, affirmative, opt-in consent through a dedicated in-app consent flow. You may withdraw consent and delete this data at any time through your account settings or by contacting support@platonapplications.com. Withdrawal of consent does not affect the lawfulness of processing prior to withdrawal.
Platon Applications uses reproductive health data only for the purposes you consented to (cycle awareness, training planning, athletic preparation, and female-athlete-triad analysis). Platon Applications does NOT use reproductive health data for:
- Advertising, marketing, or behavioral targeting;
- Profiling for any purpose other than the in-app analytics you consented to;
- Sale, lease, or licensing to any third party, regardless of consideration;
- Sharing with law enforcement, except as required by a valid, enforceable legal process and consistent with applicable state privacy laws; or
- Any purpose outside the scope of the affirmative consent you provided.
Where you are a resident of a U.S. state with specific reproductive-health or consumer-health-data protections (including Washington, California, Nevada, and Connecticut), Platon Applications complies with the consent, deletion, geofencing, and non-sale requirements of those laws. Details are set forth in the Privacy Policy.
Your data is stored on a secure external database operated by or on behalf of Platon Applications. You acknowledge that no method of electronic storage or transmission is 100% secure, and while Platon Applications takes commercially reasonable measures to protect your data, it cannot guarantee absolute security. Further details are set out in the Privacy Policy at https://on-weight-web.vercel.app/privacy.
VII. Third-Party AI Models
Portions of the Licensed Application include or are created with proprietary or third-party technologies such as artificial intelligence or machine learning systems, including third-party large language models, which TARE uses to estimate calorie intake and assist with other analyses. You acknowledge and agree that:
- Such technology and its outputs may contain errors, omissions, or misleading information, may not be accurate or reliable, and can perpetuate biases present in training data;
- AI-generated estimates are provided for informational purposes only and are not medical, nutritional, or dietary advice;
- Data submitted for AI processing may be transmitted to third-party AI service providers, subject to those providers’ terms and privacy policies;
- Platon Applications does not guarantee the accuracy, completeness, or usefulness of any AI output, recommendation, or material, and bears no liability with respect to your use of such outputs.
VIII. HealthKit and HomeKit Frameworks
TARE uses Apple’s HealthKit framework to read and (where applicable) write health-related data. By granting TARE permission to access HealthKit data, you authorize Platon Applications to process that data for the purposes described in Section VI.
- TARE will not use HealthKit data for advertising, marketing, or other use-based data-mining purposes other than improving health management, or for health research with your prior authorization. This restriction applies notwithstanding any other provision of this Agreement regarding advertising, third-party advertising partners, or data sharing.
- TARE will not disclose HealthKit data to third parties without your consent, except as required by law or as necessary to provide the Licensed Application’s core functionality (e.g., secure cloud storage).
TARE does not currently use the HomeKit framework.
IX. Health and Safety; Assumption of Risk
1. Not Medical Advice
TARE is a general wellness product and is provided for general informational purposes only. Platon Applications is not a medical professional or organization and does not provide medical services or render medical, nutritional, dietary, or training advice. The Licensed Application is not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or medical condition. Nothing in TARE should be construed as medical advice or diagnosis. You should seek the advice of a qualified physician, registered dietitian, certified strength coach, or other qualified professional with any questions you may have regarding your health, diet, weight, or training before beginning or modifying any dietary program, exercise regimen, or wellness activity referenced in or informed by the Licensed Application. Use of the Licensed Application, or communication with Platon Applications, does not create any doctor-patient, dietitian-client, coach-athlete, or other professional relationship.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ATTENTION BECAUSE OF ANY CONTENT PRESENTED IN THE LICENSED APPLICATION.
2. Inherent Risks; Assumption of Risk
Weight management, dietary tracking, exercise, and athletic preparation carry inherent and significant risks of bodily injury, illness, eating disorder, psychological harm, property damage, and death. By using TARE, you voluntarily and expressly assume all known and unknown risks associated with weight management, dietary tracking, exercise, and any decisions you make based on or informed by data, projections, or AI outputs displayed in the Licensed Application.
3. Weight-Class and Combat Sports — Special Warning
Weight management for athletic competition in weight-class or combat sports — including without limitation wrestling, Brazilian jiu-jitsu (BJJ), mixed martial arts (MMA), boxing, kickboxing, Muay Thai, judo, taekwondo, rowing, weightlifting, powerlifting, and bodybuilding — carries elevated and well-documented risks, including but not limited to: dehydration, electrolyte imbalance, kidney injury, cardiovascular stress, heat illness, hormonal disruption (including the female athlete triad: low energy availability, menstrual dysfunction, and reduced bone mineral density), cognitive impairment, mood disorders, eating disorders, severe injury, and death. Rapid weight loss (“weight cutting”) practices including food restriction, fluid restriction, dehydration, sauna use, sweat suits, diuretics, and other methods are associated with increased injury risk and have been linked to athlete fatalities.
TARE is not designed, intended, or qualified to plan, supervise, or guide weight cuts or competition weight management. If you participate in weight-class or combat sports, you must work under the supervision of a qualified physician, registered dietitian, and certified coach. TARE is not a substitute for that supervision. You expressly assume all risks of decisions you make regarding competition weight, weight cutting, or athletic preparation in connection with your use of the Licensed Application.
4. Healthy Weight Loss; No Dangerous Eating
Platon Applications promotes healthy, sustainable approaches to weight management and does not condone dangerously low levels of caloric intake, restrictive practices that risk disordered eating, or extreme rapid weight loss. Any use of the Licensed Application to promote, glamorize, or achieve dangerously low levels of eating is prohibited. If you have a history of disordered eating, an active eating disorder, or believe you may be at risk, do not use the Licensed Application and consult a qualified mental health or medical professional. Eating-disorder support is available from the National Alliance for Eating Disorders at 1-866-662-1235 or allianceforeatingdisorders.com.
5. Accuracy of Content
Platon Applications makes no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any content available through the Licensed Application, including without limitation calorie estimates, nutritional information, weight-trend predictions, and AI-generated outputs. You are solely responsible for verifying any information before relying on it.
6. Allergies and Dietary Restrictions
You are solely responsible for knowing your food allergies, intolerances, and any dietary restrictions, and for verifying ingredients before handling, preparing, consuming, or relying on any food information displayed in the Licensed Application.
X. Maintenance and Support
Platon Applications is solely responsible for providing any maintenance and support services for the Licensed Application, as set forth in this Agreement or as required by applicable law. You and Platon Applications acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application. For support, contact Platon Applications using the information in Section XIX.
XI. Warranty Disclaimer
Platon Applications is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Platon Applications.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PLATON APPLICATIONS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLATON APPLICATIONS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
PLATON APPLICATIONS DOES NOT WARRANT THAT (A) THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS OR PROVIDE SPECIFIC RESULTS, (B) ITS OPERATION WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE, OR (C) ANY ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XII. Product Claims
You and Platon Applications acknowledge that Platon Applications, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession or use of the Licensed Application, including but not limited to:
- Product liability claims;
- Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of the HealthKit framework.
This Agreement does not limit Platon Applications’ liability to you beyond what is permitted by applicable law.
XIII. Intellectual Property Rights
1. Third-Party Infringement Claims
You and Platon Applications acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Platon Applications, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
2. Ownership of the Licensed Application
All title and intellectual property rights in and to the Licensed Application (excluding any third-party content) are owned by Platon Applications and its licensors. All rights not expressly granted to you are reserved.
3. Feedback
You may, from time to time, choose to provide Platon Applications with suggestions, comments, feature requests, bug reports, ideas, concepts, criticisms, testimonials, reviews, communications, designs, or other feedback related to the Licensed Application or Platon Applications’ business (collectively, “Feedback”). Submission of Feedback is voluntary; you are not required to provide Feedback to use the Licensed Application.
All Feedback you provide to Platon Applications is and shall be the sole and exclusive property of Platon Applications. You hereby irrevocably assign to Platon Applications, free of charge and without restriction, all right, title, and interest in and to any Feedback, including all intellectual property rights and moral rights therein, on a worldwide, perpetual, irrevocable, royalty-free basis. To the extent any such assignment is not effective under applicable law, you grant Platon Applications a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, modify, adapt, translate, distribute, create derivative works of, publicly display, publicly perform, sublicense, and otherwise exploit such Feedback for any purpose, in any medium now known or later developed, with no obligation of compensation, attribution, accounting, or notice to you.
Platon Applications is under no obligation to review, use, implement, respond to, or act on any Feedback. If Platon Applications elects to use or implement any Feedback in the Licensed Application, in whole or in part, you acknowledge and agree that you have no ownership, license, royalty, equity, employment, partnership, joint venture, or other interest of any kind in or to the Licensed Application, any feature thereof, any modification or improvement thereto, or any intellectual property arising from Platon Applications’ use or implementation of the Feedback. The Licensed Application and all modifications, improvements, derivative works, and related intellectual property remain the sole and exclusive property of Platon Applications.
You represent and warrant that any Feedback you provide is original to you or that you otherwise have all necessary rights to provide it; is not subject to any third-party intellectual property, confidentiality, non-disclosure, or other restriction that would prevent or limit the assignment or license granted above; and does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any third party. You agree to indemnify and hold Platon Applications harmless against any breach of these representations and warranties consistent with Section XV.
You acknowledge that Feedback is not confidential. Platon Applications has no obligation to maintain the confidentiality of any Feedback you provide, and may share, publish, or disclose Feedback at its sole discretion without notice or compensation to you.
XIV. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PLATON APPLICATIONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
- (A) ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND;
- (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
- (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE LICENSED APPLICATION;
- (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER; OR
- (E) DAMAGES RELATING TO ANY THIRD-PARTY CONTENT OR SERVICES ACCESSED OR USED VIA THE LICENSED APPLICATION.
THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PLATON APPLICATIONS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLATON APPLICATIONS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE LICENSED APPLICATION, FOR ANY AND ALL CLAIMS, IS LIMITED TO THE GREATER OF FIVE HUNDRED U.S. DOLLARS (US $500.00) OR THE AMOUNT YOU PAID TO PLATON APPLICATIONS FOR USE OF THE LICENSED APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
You acknowledge that Platon Applications offers the Licensed Application and sets its prices in reliance upon the warranty disclaimers and limitations of liability set forth in this Agreement, that they reflect a reasonable and fair allocation of risk, and that they form an essential basis of the bargain between you and Platon Applications. Platon Applications would not be able to provide the Licensed Application to you on an economically reasonable basis without these limitations.
XV. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Platon Applications, its affiliates, officers, directors, employees, agents, and licensors from and against any and all liabilities, claims, demands, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your access to or use of the Licensed Application;
- Your violation of this Agreement or of any applicable law or regulation;
- Your violation of the rights of any third party, including any intellectual property, privacy, or proprietary rights;
- Your decisions, actions, or omissions in connection with weight management, dietary intake, exercise, or athletic competition; or
- Any content or information you provide to or through the Licensed Application.
Platon Applications reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with its defense. You will not settle any matter without Platon Applications’ prior written consent. This Section XV will survive any termination of this Agreement.
XVI. Legal Compliance
You represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- You are not listed on any U.S. Government list of prohibited or restricted parties.
You further agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Licensed Application.
XVII. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Licensed Application, including without limitation:
- Your wireless data service agreement;
- Terms of any third-party services integrated into TARE, including third-party AI providers and cloud storage providers; and
- Apple’s Media Services Terms and Conditions.
Platon Applications is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any third-party service, and your access and use of such services is entirely at your own risk.
XVIII. Third-Party Beneficiary
You and Platon Applications acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
XIX. Developer Name and Contact Information
Any questions, complaints, or claims regarding the Licensed Application should be directed to:
PLATON APPLICATIONS LLC
Address: 8 The Green, STE B, Dover, Kent County, DE 19901, United States
Telephone: +1 (302) 617-0122
Email: support@platonapplications.com
Legal Notices: legal@platonapplications.com
XX. Dispute Resolution — Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR DISPUTES. IT CONTAINS A MANDATORY BINDING INDIVIDUAL ARBITRATION PROVISION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A ONE-YEAR CONTRACTUAL LIMITATIONS PERIOD.
1. Scope
This Section XX applies to any dispute, claim, or controversy between you and Platon Applications arising out of or relating in any way to this Agreement, the Licensed Application, Platon Applications’ advertising or marketing, its privacy and data security practices, or any interaction with Platon Applications, whether based in contract, tort (including negligence), warranty, statute, regulation, or other legal or equitable basis (each, a “Dispute”), including disputes that arose before this Agreement and disputes that may arise after termination.
2. Mandatory Informal Dispute Resolution
Before initiating arbitration or any legal proceeding, you and Platon Applications must first attempt to resolve any Dispute informally. The party initiating the Dispute must send written notice (“Notice”) by certified or registered mail to the other party, describing the facts and circumstances of the Dispute, the specific relief sought, and any supporting documentation. The parties will engage in good-faith discussions for a period of no less than sixty (60) days after the Notice is received (the “Informal Dispute Resolution Process”). Statutes of limitations and any filing-fee deadlines are tolled during this period. Completion of the Informal Dispute Resolution Process is a condition precedent to commencing arbitration or any other proceeding. Notice to Platon Applications must be sent to:
Platon Applications LLC, Attn: Legal, 8 The Green, STE B, Dover, Kent County, DE 19901, United States. Email copy to legal@platonapplications.com.
3. Binding Individual Arbitration
If the Dispute is not resolved through the Informal Dispute Resolution Process, you and Platon Applications agree that the Dispute shall be resolved through binding individual arbitration, not in court, except as set forth below. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, including the Mass Arbitration Supplementary Rules where applicable. The AAA rules and a Demand for Arbitration form are available at adr.org. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this Agreement, including the arbitrability of any Dispute and any claim that all or part of this Agreement is void or voidable. The arbitrator shall issue a reasoned written award.
4. Class Action Waiver; Jury Trial Waiver
YOU AND PLATON APPLICATIONS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. You agree that you will not be a member of any putative or actual class in a class action brought against Platon Applications, will not seek to become a class representative, and that any relief you seek will be confined to relief on your own behalf. To the fullest extent permitted by law, you and Platon Applications waive any right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction.
5. Mass Filings
To the extent an arbitration falls within the AAA’s definition of a Mass Arbitration, the parties agree to be bound by the AAA’s Mass Arbitration Supplementary Rules. Each side shall select fifteen (15) disputes (thirty (30) total) to proceed in individual arbitrations as part of a staged process; remaining disputes shall not be filed or deemed filed in arbitration, nor shall arbitration fees be assessed, until they are selected as part of that staged process. After the initial staged proceedings, the parties shall promptly engage in a global mediation session, with Platon Applications paying the mediator’s fee. In Mass Arbitrations consisting of more than three hundred (300) disputes total, either party may opt out of arbitration and elect to have the disputes heard in court.
6. Exceptions
Notwithstanding the foregoing, either party may: (i) seek provisional remedies in aid of arbitration (including orders to stay a court action, compel arbitration, or confirm an arbitral award) from a court of competent jurisdiction; (ii) seek temporary restraining orders, preliminary injunctions, or other interim relief; (iii) seek relief in any state or federal court for disputes related to a violation or possible violation of Platon Applications’ intellectual property rights; or (iv) bring an individual Dispute in small claims court consistent with applicable jurisdictional and dollar limits.
7. Contractual Limitations Period
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT ACTION IS PERMANENTLY BARRED.
8. 30-Day Opt-Out
You may opt out of this Arbitration Agreement and Class Action Waiver within thirty (30) days from the earlier of: (1) the date you first accept this Agreement, or (2) the date you first agreed to any agreement with Platon Applications that contained an arbitration provision. The opt-out notice must be sent by email to legal@platonapplications.com and must include your name, address, phone number, and email address, and a clear statement that you do not agree to this Arbitration Agreement. This is the only way to opt out; failure to comply strictly with this procedure renders the opt-out null and void. Opting out of arbitration does not affect any other part of this Agreement.
9. Severability of Arbitration Provisions
If the Class Action Waiver is found unenforceable as to any Dispute, the Arbitration Agreement shall not apply to that Dispute, and the Dispute shall be subject to the jurisdiction of the state and federal courts located in Delaware, to which you and Platon Applications submit. If any other provision of this Section XX is found unenforceable, the remaining provisions shall remain in full force and effect.
XXI. Termination
This Agreement is effective until terminated by you or Platon Applications. Your rights under this Agreement will terminate automatically without notice from Platon Applications if you fail to comply with any term of this Agreement. Upon termination, you must cease all use of the Licensed Application and destroy all copies in your possession. Platon Applications may suspend, restrict, or terminate your access to the Licensed Application at any time, with or without notice, including for violation of this Agreement.
XXII. Changes to this Agreement
Platon Applications reserves the right to update this Agreement at any time. Platon Applications will provide notice in advance of any material changes through the Licensed Application or by other reasonable means. Your continued use of the Licensed Application after the effective date of any change constitutes acceptance of the revised Agreement. If the modified Agreement is not acceptable to you, you must stop using the Licensed Application and delete your account.
XXIII. Governing Law
1. General
This Agreement is governed by and construed in accordance with the laws of the State of Delaware and controlling U.S. federal law, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section XX and to applicable consumer protection laws, any disputes arising out of or in connection with this Agreement that proceed in court will be resolved in the state or federal courts located in Delaware, and you and Platon Applications submit to the personal jurisdiction and venue of those courts.
2. California Residents
If you are a resident of the State of California, nothing in this Agreement waives, limits, or modifies any rights you have under California law that may not be waived by contract. Without limiting the foregoing, California residents retain all rights and protections afforded by the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606), the California Consumer Privacy Act and California Privacy Rights Act (CCPA/CPRA) — including the right to know, the right to delete, the right to correct, the right to opt out of the sale or sharing of personal information, and the right to limit use of sensitive personal information — the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200), the False Advertising Law (Cal. Bus. & Prof. Code § 17500), the Song-Beverly Consumer Warranty Act, the Confidentiality of Medical Information Act (CMIA) to the extent applicable, and any other non-waivable consumer protection statute. To the extent any provision of this Agreement is found to conflict with a non-waivable right of a California resident, that provision will be modified only to the minimum extent necessary to comply with applicable California law, and the remaining provisions of this Agreement will continue in full force and effect.
3. Washington Residents
If you are a resident of the State of Washington, Platon Applications complies with the Washington My Health My Data Act (RCW 19.373) (“MHMDA”) with respect to your “consumer health data” as defined therein, which includes (without limitation) menstrual cycle and reproductive health information you opt in to share through the Licensed Application. Without limiting the Privacy Policy, you have the right under MHMDA to: (1) confirm whether Platon Applications is collecting, sharing, or selling your consumer health data and access that data; (2) withdraw your consent to the collection or sharing of your consumer health data; (3) request deletion of your consumer health data; and (4) request that Platon Applications cease collecting, sharing, or selling your consumer health data. Platon Applications does not sell consumer health data of Washington residents and does not share consumer health data — including menstrual cycle and reproductive health data — with advertising partners under any circumstances. Requests under MHMDA may be made by contacting legal@platonapplications.com. To the extent any provision of this Agreement is found to conflict with a non-waivable right of a Washington resident under MHMDA or other Washington consumer-protection law, that provision will be modified only to the minimum extent necessary to comply with applicable Washington law, and the remaining provisions of this Agreement will continue in full force and effect.
XXIV. Survival
Termination of this Agreement does not limit any rights or remedies of Platon Applications. The following Sections survive termination: Section VI (Data), Section IX (Health and Safety; Assumption of Risk), Section XI (Warranty Disclaimer), Section XII (Product Claims), Section XIII (Intellectual Property), Section XIV (Limitation of Liability), Section XV (Indemnification), Section XVIII (Third-Party Beneficiary), Section XX (Dispute Resolution), Section XXIII (Governing Law), Section XXIV (Survival), Section XXV (Severability), and Section XXVI (Entire Agreement).
XXV. Severability
If any provision of this Agreement is held to be unenforceable, the remaining provisions will continue in full force and effect, and the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the unenforceable provision.
XXVI. Entire Agreement
This Agreement, together with the Privacy Policy and any other documents expressly incorporated by reference, constitutes the entire agreement between you and Platon Applications regarding the Licensed Application and supersedes all prior agreements and understandings. No joint venture, partnership, employment, or agency relationship exists between you and Platon Applications as a result of this Agreement or your use of the Licensed Application. Platon Applications’ failure to exercise or enforce any right or provision shall not constitute a waiver. You may not assign or transfer this Agreement without Platon Applications’ prior written consent; Platon Applications may assign or transfer this Agreement freely.
By installing or using TARE, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
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