ShelfCheck Terms of Use

These Terms of Use ("Terms") govern your access to and use of the ShelfCheck mobile application and related services (collectively, the "Service") provided by ShelfCheck, a sole proprietorship based in Ontario, Canada ("ShelfCheck," "we," "us," or "our").

By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy at shelfcheck.app/privacy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may use the Service only with the consent of a parent or legal guardian. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13.

You may not use the Service if you are 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, or if you are listed on any U.S. Government list of prohibited or restricted parties.

You represent that the information you provide when registering for an account is accurate and complete, and that you will keep it accurate and complete.

2. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service for your personal, non-commercial use.

For users on iOS, this license is limited to use on Apple-branded products that you own or control, in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions. The Service may also be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing where supported.

You may not:

• Copy, modify, or create derivative works of the Service except as expressly permitted
• Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of the Service, except to the extent this restriction is prohibited by applicable law
• Remove or alter any proprietary notices, labels, or marks
• Use the Service for any unlawful purpose or in violation of these Terms
• Use automated means (bots, scrapers) to access the Service
• Sell, rent, lease, sublicense, or transfer your access to the Service to any third party
• Use the Service or any part of it to develop a competing product or service

3. Your Account

To access most features of the Service, you must create an account. You can sign in using Sign in with Apple, Google Sign-In, or an email address and password.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately at hello@shelfcheck.app of any unauthorized access or security breach.

You may delete your account at any time through the Settings screen of the Service or by emailing hello@shelfcheck.app. Account deletion permanently removes your products, photos, preferences, and other data stored on our servers, subject to limited retention required for legal compliance, dispute resolution, billing records, or fraud prevention.

If you delete your account while you have an active subscription, the subscription will continue to bill until you cancel it through your Apple ID or Google Play account. We cannot cancel App Store or Google Play subscriptions on your behalf - you must cancel them directly through Apple or Google.

4. Subscription Terms

Some features of the Service require a paid subscription ("Premium").

4.1 Subscription Plans

We offer the following subscription plans, with pricing displayed in your local currency at the point of purchase:

• Monthly Plan: USD $6.99 per month, automatically renewing each month
• Annual Plan: USD $54.99 per year, automatically renewing each year (where available)

Actual pricing in your region is shown on the in-app paywall and is sourced from Apple's App Store or Google Play, which may apply local currency conversion, taxes, and rounding. We may add, modify, or remove plans at any time.

4.2 Billing and Auto-Renewal

When you purchase a subscription, you authorize us, through Apple or Google as applicable, to charge your Apple ID or Google Play account at the rate displayed at confirmation of purchase, plus any applicable taxes.

Subscriptions automatically renew at the end of each billing period at the same rate (or any updated rate of which you have been notified) unless you cancel at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

4.3 Cancellation

You can cancel your subscription at any time:

• iOS: Settings > [Your Name] > Subscriptions > ShelfCheck > Cancel Subscription
• Android: Google Play Store > Profile > Payments and subscriptions > Subscriptions > ShelfCheck > Cancel subscription

Cancellation takes effect at the end of the current billing period. You will retain access to Premium features until that date.

4.4 Refunds

All payments are processed by Apple or Google, not by us. Refund requests must be submitted directly to them:

• iOS: reportaproblem.apple.com
• Android: support.google.com/googleplay (Order history > Request a refund)

We do not process payments directly and have no ability to issue refunds for purchases made through the App Store or Google Play. We may issue partial refunds, credits, or extensions of Premium at our discretion, but we are not obligated to do so except where required by applicable law.

4.5 Price Changes

We may change subscription prices for future billing periods. Where required by Apple, Google, or applicable law, you will receive notice and the opportunity to accept the new price or cancel before the change takes effect.

4.6 Promotional Premium

We may offer free or discounted access to Premium ("Promotional Premium") through the Service's "Share Your Shelfie" feature, referral programs, or other promotions. Promotional Premium:

• Is granted at our sole discretion
• Has no cash value and is non-transferable
• May be revoked if obtained through fraud, abuse, or violation of these Terms
• Does not extend, reset, or replace a paid subscription
• Ends automatically at the end of the promotional period

The current "Share Your Shelfie" promotion grants one (1) month of Premium per successful share, awarded only to the user who shared. Recipients of a shared invitation do not receive Promotional Premium.

5. AI Features

The Service uses Google's Gemini AI ("Gemini") to identify beauty products from photos and to estimate product expiry dates ("AI Features").

When you use AI Features, your product photo is transmitted over a secure connection to Google's Gemini API for processing. We do not use your photos to train AI models. You can decline AI Features at any time through Settings, and the Service will remain functional through manual product entry.

AI Features are provided "as is." Identifications and expiry estimates are generated by AI and are approximate. They are not verified by humans and may be inaccurate, incomplete, or out of date. Always verify product information against the actual product packaging, manufacturer information, and your own judgment.

For details on how Google processes data through the Gemini API, see Google's terms at https://ai.google.dev/terms.

6. Expiry Estimates Are Not Safety Advice

This section is important. Read it carefully.

ShelfCheck is an inventory and reminder tool. It is not a medical, dermatological, health, or safety service. It does not diagnose, treat, cure, or prevent any condition.

Expiry date estimates provided by the Service are based on:

• Information you enter
• Industry-standard guidance for product categories
• AI estimation drawing on general product knowledge

These estimates are guidance only. They are not testing of your specific item and do not guarantee the safety, freshness, efficacy, or condition of any product. A product the Service marks as "fresh" may have spoiled, been contaminated, or otherwise become unsafe. A product the Service marks as "expired" may still be safe to use.

You are solely responsible for determining whether a product is safe to use. Always:

• Check the manufacturer's stated expiry date, batch code, or Period After Opening (PAO) symbol on the actual product
• Inspect products for changes in color, smell, texture, or separation
• Discontinue use of any product that causes irritation, redness, burning, or other adverse reaction
• Consult a dermatologist, physician, or other qualified professional for skin or health concerns

We are not liable for any decision you make about whether to use, store, or discard a product based on information from the Service.

7. Your Content

The Service allows you to add products, photos, notes, and other information ("Your Content"). You retain ownership of Your Content.

You grant us a limited, worldwide, royalty-free license to host, store, display, transmit, and process Your Content solely as necessary to provide the Service to you. This license ends when you delete Your Content or your account, except to the extent retained in backups for a limited period or as required by law.

You represent that you own Your Content or have the rights to upload it, that it does not infringe any third party's rights, and that it does not violate any law.

You are solely responsible for backing up Your Content. Photos taken in the Service are stored locally on your device by default. Cloud backup of photos is a Premium feature. We are not responsible for loss of Your Content, including loss caused by device failure, app uninstallation, account deletion, subscription expiration, or service interruption.

8. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Upload content that is unlawful, infringing, harmful, harassing, or that violates the rights of others
• Attempt to gain unauthorized access to the Service, other users' accounts, or our systems
• Interfere with or disrupt the Service, including by introducing malware or excessive load
• Use the Service to spam, harvest data, or send unsolicited communications
• Misrepresent your identity or affiliation with any person or entity
• Use the Service in violation of applicable third-party agreements (for example, your wireless carrier's data plan, or Apple's or Google's terms)
• Abuse, exploit, or attempt to circumvent the share-for-Promotional-Premium feature, including through fake accounts, automated sharing, or coordinated activity

We may suspend or terminate your access for any violation, with or without notice.

9. Service Availability

We provide the Service on an "as available" basis. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

We are not responsible for failures or delays caused by factors outside our reasonable control, including network outages, third-party service failures (such as Apple, Google, Firebase, or RevenueCat), force majeure events, or your own internet connection or device.

10. Third-Party Services

The Service integrates with third-party services including Apple's App Store, Google Play, Firebase (Google), Google Gemini, RevenueCat, Open Beauty Facts, and Open Food Facts. Your use of these third-party services is governed by their respective terms and privacy policies. We are not responsible for third-party services and disclaim liability for their actions, errors, or omissions.

11. Termination

You may stop using the Service and delete your account at any time.

We may suspend or terminate your access to the Service, with or without notice, if:

• You violate these Terms
• We are required to do so by law or by Apple or Google
• We discontinue the Service in whole or in part

Upon termination, your license to use the Service ends. Sections of these Terms that by their nature should survive termination - including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution - will survive.

If your subscription is active when your account is terminated by us for cause, no refund will be issued. If your account is terminated due to discontinuation of the Service, we will provide a pro-rated refund where required by applicable law.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the maximum extent permitted by applicable law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranties arising from course of dealing or trade usage.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• AI identifications, expiry estimates, or product information will be accurate or current
• Defects will be corrected
• The Service will meet your requirements

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, our warranties are limited to the minimum required by applicable law.

In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event will we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of the Service, even if we have been advised of the possibility of such damages.

Our total cumulative liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount you paid us in the twelve (12) months prior to the event giving rise to the claim, or (b) USD $100.

This limitation applies to all causes of action, whether based in contract, tort, strict liability, or any other legal theory.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless ShelfCheck, its operators, and its agents from any claim, demand, loss, or expense (including reasonable legal fees) arising out of or related to:

• Your use of the Service
• Your Content
• Your violation of these Terms
• Your violation of any law or any third-party right

15. Apple-Specific Terms

This section applies if you obtained the Service from Apple's App Store. To the extent any term in this section conflicts with another term of these Terms, this section controls for users of the iOS app.

Acknowledgement. These Terms are concluded between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the Service and its content. These Terms do not provide for usage rules that conflict with the Apple Media Services Terms and Conditions.

Scope of License. As stated in Section 2, the license is non-transferable and limited to use on Apple-branded products that you own or control, in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Service may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing where supported.

Maintenance and Support. We are solely responsible for providing maintenance and support services for the Service, as described in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Service.

Warranty. We are 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 Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.

Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including (i) product liability claims, (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights. In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Legal Compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Terms. You must comply with all applicable third-party terms when using the Service, including your wireless data service agreement.

Third-Party Beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16. Google Play-Specific Terms

This section applies if you obtained the Service from Google Play.

You acknowledge that your use of the Service is also subject to the Google Play Terms of Service. We are solely responsible for the Service and its content. Google is not a party to these Terms and has no obligation to provide maintenance, support, or warranty services.

You agree to use the Service in compliance with all applicable agreements with Google, including the Google Play Terms of Service and any third-party terms applicable to your use of Google Play.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (if you have provided one) or through an in-app notice at least 14 days before the change takes effect, where reasonably practicable.

Continued use of the Service after the effective date of an update constitutes your acceptance of the updated Terms. The "Last updated" date at the top of these Terms reflects the most recent revision. If you do not agree to a change, you must stop using the Service and may delete your account.

18. Governing Law and Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the courts located in the City of Toronto, Ontario, Canada, and you consent to the personal jurisdiction of those courts.

This section does not affect any statutory rights you may have as a consumer that cannot be waived under the law of your country of residence. If you are a consumer in the European Economic Area, the United Kingdom, or another jurisdiction with mandatory consumer protection laws, you may have additional rights under local law.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

19. General

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

No Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets.

No Agency. Nothing in these Terms creates a partnership, agency, employment, or joint venture relationship between you and us.

Headings. Section headings are for convenience only and do not affect interpretation.

20. Contact

For questions, complaints, or claims relating to the Service, contact us at:

ShelfCheck
20 Sandham Cres
Markham, ON, L3S 4J7

hello@shelfcheck.app