Terms of Service

1. Acceptance of Terms

Welcome to Picky Plates®. These Terms of Service ("Terms") constitute a legally binding agreement between you and Nutrition for Littles LLC ("we," "us," "our," or "Company") governing your access to and use of the Picky Plates® website at pickyplates.com and our mobile applications (iOS and Android) (collectively, the "Services").

By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

2. Eligibility

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Description of Services

Picky Plates® is a subscription-based meal planning service that provides:

• Five (5) dinner recipes per week designed for families with picky eaters
• Weekly grocery lists organized by recipe
• Picky eating tips and strategies specific to each recipe
• Access to a digital portal with past meal plans and recipes
• Allergen ingredient swap guide and meal customization options
• Bonus resources including breakfast guides, lunch playbooks, and meal prep courses

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

4. Account Registration and Security

To access certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

You may not share your account credentials with others or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these Terms.

5. Subscription and Billing

5.1 Subscription Plans

Picky Plates® is offered as a monthly subscription service. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel your subscription.

5.2 Payment

You agree to pay all fees associated with your subscription. Payment is processed through our third-party payment processor (Spiffy/Stripe). You authorize us to charge your designated payment method for all fees incurred. All fees are in U.S. dollars and are non-refundable except as expressly stated in these Terms.

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription rate. We reserve the right to change our subscription fees upon reasonable notice to you.

5.4 Cancellation and Pausing

You may cancel or pause your subscription at any time through your account settings or by contacting us at support@pickyplates.com. Cancellations take effect at the end of your current billing period. You will retain access to the Services until the end of your paid subscription period.

5.5 No Refunds

All subscription fees are non-refundable. No refunds or credits will be issued for partial subscription periods, unused content, or cancellations. When you subscribe to our service, you gain immediate access to our unique, digital content. This content is intangible and non-returnable. We do not have the ability to "retrieve" or "repossess" digital downloads once they are delivered to you. Therefore, we maintain a strict No Refund Policy.

However, you may cancel or pause your subscription at any time to prevent future charges.

5.6 Payment Failures

If your payment method fails or your account is past due, we reserve the right to suspend or terminate your access to the Services until payment is received. You remain responsible for any uncollected amounts.

6. Intellectual Property Rights

6.1 Our Content

All content provided through the Services, including but not limited to recipes, meal plans, grocery lists, picky eating tips, guides, videos, images, text, graphics, logos, and software (collectively, "Content"), is owned by or licensed to Nutrition for Littles LLC and is protected by United States and international copyright, trademark, and other intellectual property laws.

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for your personal, non-commercial use. You may:

• View and download Content for personal use only
• Print recipes and meal plans for your household use
• Prepare meals from our recipes for yourself and your family

6.3 Restrictions

You may NOT:

• Reproduce, distribute, publicly display, or create derivative works from our Content for commercial purposes
• Share, sell, license, or redistribute our recipes, meal plans, or other Content to third parties
• Post our Content on social media, blogs, websites, or other public platforms without our express written permission
• Use our Content for any commercial purpose, including operating a meal planning service, blog, or business
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Content
• Use automated systems (bots, scrapers, etc.) to access or collect Content from the Services
• Reverse engineer, decompile, or disassemble any software or technology used in the Services

6.4 Trademarks

"Picky Plates" and all related logos and designs are registered trademarks of Nutrition for Littles LLC. "Nutrition for Littles" and related marks are also trademarks of Nutrition for Littles LLC. You may not use these trademarks without our prior written consent.

7. User Conduct and Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any fraudulent, abusive, or illegal purpose
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
• Upload or transmit viruses, malware, or any other malicious code
• Collect or harvest any personally identifiable information from the Services
• Use the Services in any manner that could damage, disable, overburden, or impair our servers or networks
• Share your account credentials with unauthorized users

8. Disclaimers and Limitations of Liability

8.1 No Medical or Dietary Advice

IMPORTANT: The Content provided through Picky Plates®, including recipes, meal plans, and picky eating tips, is for informational and educational purposes only. It is not intended as a substitute for professional medical advice, diagnosis, or treatment.

You should always consult with a qualified healthcare provider, registered dietitian, or physician before making any dietary changes, especially if you or your child has food allergies, medical conditions, or special dietary needs. We are not responsible for any adverse reactions, allergies, or health issues that may result from following our recipes or meal plans.

8.2 Food Allergies and Safety

While we provide an allergen ingredient swap guide, it is your sole responsibility to:

• Review all ingredients in recipes for potential allergens
• Make appropriate substitutions based on your family's specific allergies and dietary restrictions
• Verify that all ingredients are safe for consumption by you and your family members
• Follow proper food safety and handling procedures when preparing meals

WE ARE NOT LIABLE FOR ANY ALLERGIC REACTIONS, FOODBORNE ILLNESSES, OR OTHER ADVERSE HEALTH EFFECTS RESULTING FROM THE USE OF OUR RECIPES OR MEAL PLANS.

8.3 "AS IS" and "AS AVAILABLE" Basis

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• The Content will be accurate, complete, reliable, or current
• Any defects or errors in the Services will be corrected
• The Services will meet your specific requirements or expectations

8.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUTRITION FOR LITTLES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services, including recipes and meal plans
• Unauthorized access, use, or alteration of your transmissions or content
• Any allergic reactions, adverse health effects, or injuries resulting from the use of our recipes or meal plans

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.5 No Guarantees

We do not guarantee that your child will eat or enjoy any specific recipe. Every child's palate is unique, and results may vary. While our meal plans are designed with picky eaters in mind, we cannot guarantee specific outcomes or results.

9. Indemnification

You agree to indemnify, defend, and hold harmless Nutrition for Littles LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of or inability to use the Services
• Your violation of these Terms
• Your violation of any rights of another party, including any intellectual property rights
• Any allergic reactions, adverse health effects, or injuries resulting from your use of our recipes or meal plans
• Any content you submit or transmit through the Services

10. Dispute Resolution and Arbitration

10.1 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Nutrition for Littles LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that either party may take claims to small claims court if they qualify.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Colorado, or at another mutually agreed location. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

10.2 Class Action Waiver

YOU AND NUTRITION FOR LITTLES LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s).

10.3 Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to support@pickyplates.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and email address. If you opt out, all other terms of these Terms will continue to apply.

10.4 Informal Resolution

Before initiating arbitration, you agree to first contact us at support@pickyplates.com to attempt to resolve the Dispute informally. We will attempt to resolve the Dispute informally by contacting you via email. If a Dispute is not resolved within sixty (60) days after submission, you or we may initiate arbitration.

11. Termination

11.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us at support@pickyplates.com.

11.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Payment failure or chargebacks
• Sharing account credentials or unauthorized distribution of Content
• Conduct that we determine, in our sole discretion, to be harmful to the Services, other users, or our business

11.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Services will immediately cease
• You will no longer have access to your account, meal plans, or any Content
• All licenses and rights granted to you under these Terms will immediately terminate
• You remain responsible for any outstanding fees or charges

Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution.

12. Governing Law and Jurisdiction

These Terms and any Disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

Subject to the arbitration provisions in Section 10, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Colorado, and you hereby irrevocably consent to personal jurisdiction and venue in such courts.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree to the modified Terms, you must stop using the Services and cancel your subscription.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nutrition for Littles LLC regarding the Services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Nutrition for Littles LLC.

14.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

14.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

15. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us at: