General Terms of Service & Use.
DATE OF UPDATE: September 17, 2024
Article 1 ‐ Preamble
The use of the "DishIQ" Application is subject to the full and complete acceptance of the General Terms of Use set forth below.
In the absence of a specific agreement, these General Conditions govern the contractual relationship between DishIQ Inc. and any User of the "DishIQ" Application who makes purchases through the Application.
These General Conditions also govern the use of the "DishIQ" Application by the User and the browsing of the DishIQ Inc. Websites.
In order to better understand your rights and obligations when using the "DishIQ" Application and the DishIQ Inc. Websites, we invite you to read these General Terms and Conditions.
Article 2 ‐ Definition
When used with a capital letter, the following terms have the meanings specified below.
DishIQ Inc.: DishIQ Inc., a company responsible for the "DishIQ" Application.
"DishIQ" Application: "DishIQ" mobile application, published by DishIQ Inc. and available on the iOS and Android operating systems.
DishIQ Inc. Website: all websites published by DishIQ Inc. such as https://dishiq.app and related subdomains.
General Terms and Conditions: refers to these General Terms and Conditions of Use and Sale of the "DishIQ" Application and the DishIQ Inc. websites.
Services: refers to the services offered by DishIQ Inc. through the "DishIQ" Application.
Privacy Policy: refers to the Privacy Policy of the "DishIQ" Application.
User: refers to any natural person using the "DishIQ" Application, under their sole responsibility, who has previously accepted these General Terms and Conditions.
Personal Data: any data relating to an identified or identifiable natural person.
Premium Subscription: refers to the paid subscription allowing the User to benefit from additional and exclusive Services. Subscription to a Premium Subscription requires the creation of a Premium Account.
Premium Account: refers to a paying account that may be created by the User of the "DishIQ" Application in order to benefit from exclusive Services related to their Premium Subscription.
Article 3 ‐ General presentation of the "DishIQ" Application
The "DishIQ" Application allows the User to benefit from information concerning the ntritional intake of meals and to meet the objectives they have previously set.
The "DishIQ" Application also allows the User to benefit from original recipes whose nutritional qualities have been approved by nutrition professionals.
By opting for a Premium Account, the User benefits from exclusive Services such as personalized advice from a nutrition professional in daily courses. The Services of the "DishIQ" Application are further detailed in Article 5.3.
Article 4 ‐ Description of the "DishIQ" Application
Article 4.1 ‐ Downloading and installation of the "DishIQ" Application
Any person wishing to use the "DishIQ" Application must first download it to their terminal.
The download of the "DishIQ" Application is done from the Apple Store for iOS and from the Play Store for Android.
Downloading the "DishIQ" Application requires the following technical configurations:
Minimum version of iOS: 15.0
Minimum version of Android: 7.0
Article 4.2 ‐ Creation of the profile
At the first launch of the "DishIQ" Application, the User is invited to complete their profile by indicating the following information:
Age
Weight
Height
Gender
Once this information has been validated, the User is invited to read these Terms and Conditions and the Privacy Policy relating to the protection of their Personal Data.
Article 4.3 ‐ Functionalities of the "DishIQ" Application
Article 4.3.1 ‐ General features
The general functionalities of the "DishIQ" Application are accessible to all Users, whether or not they have subscribed to a Premium Subscription.
The general features of the "DishIQ" Application are as follows:
Obtain nutritional information on the foods of choice through various means such as photography, barcode scanning, or manual input.
Track goals such as weight loss, maintenance, or gain, and add physical activities for further tracking.
Access a limited number of approved recipes and general nutritional advice.
Article 5 ‐ Claim
Any questions, claims, or requests from the User relating to the "DishIQ" Application or the DishIQ Websites should be addressed to the following address: data@dishiq.app.
Article 6 ‐ Waiver
The fact that DishIQ does not avail itself at a given time of one of the clauses of these General Terms and Conditions shall not constitute a waiver of the right to avail itself of the same clauses at a later date.
Article 7 ‐ Jurisdiction
In the event of a dispute regarding the application of these General Conditions or their interpretation, the User acting as a consumer has the possibility of referring the matter to a consumer mediator, whose contact details will be sent to him/her by DishIQ upon request.
Generally speaking, and to the extent legally permitted, any dispute concerning the application of these General Conditions and their interpretation, their execution, and the sales contracts concluded by DishIQ, or the payment of the price, shall be brought before the courts of Paris, regardless of the place of order, delivery, payment, and method of payment, and even in the event of a guarantee call or plurality of defendants.
Article 8 ‐ Governing Law
Any question relating to these Terms and Conditions and the sales they may govern, which is not dealt with by these contractual stipulations, will be governed by Canadian llaw to the exclusion of any other law.
In the event that the dispute involves a consumer, Canadian law shall apply subject to the mandatory provisions of the consumer's country of residence.
Article 9 ‐ Modification of the Present General Conditions
DishIQ may update these Terms and Conditions at any time. In this case, DishIQ will inform the User so that they may be aware of it and renew their consent.