Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using the FermentBuddy mobile application ("App") or any associated website or service (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and FermentBuddy ("we," "us," or "our"). We may update these Terms from time to time, and your continued use of the Service after changes are posted constitutes your acceptance of those changes.

2. Eligibility

You must meet the following minimum age requirements to use the Service:

• United States: You must be at least 13 years of age, in accordance with the Children's Online Privacy Protection Act (COPPA).
• European Economic Area (EEA): You must be at least 16 years of age, or the digital age of consent in your country if higher, in accordance with the General Data Protection Regulation (GDPR).
• United Kingdom: You must be at least 13 years of age, in accordance with the UK Age Appropriate Design Code.
• All other jurisdictions: You must be at least 13 years of age, or the minimum age required by applicable law in your jurisdiction.

If you are under the age of 18 (or the age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

3. Account Terms

FermentBuddy supports anonymous usage. You may begin using the App without creating an account. If you choose to create an account, you are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Providing accurate and current information when registering.
• Notifying us promptly if you suspect unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Service Description

FermentBuddy is a mobile application designed to help hobbyists track and manage fermentation projects. The Service includes:

• Project tracking: Create and monitor fermentation projects for sourdough, kombucha, sauerkraut, kefir, yogurt, and other ferments.
• Smart timers: Temperature-adjusted timing guidance for fermentation stages.
• Guided workflows: Step-by-step instructions for common fermentation processes.
• Batch logging: Record observations, measurements, and notes for each fermentation batch.
• Photo documentation: Capture and store photos of your fermentation progress.
• Troubleshooting assistance: Photo-based guidance for common fermentation issues.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify you of significant changes.

6. No Medical or Nutritional Advice

Nothing in the Service constitutes medical advice, nutritional counseling, or dietary recommendations. Any information regarding the potential health benefits of fermented foods is provided for general informational purposes only and should not be relied upon as a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition or dietary needs.

7. Subscription Terms

7.1 Free Tier

FermentBuddy offers a free tier that includes access to core features with a limit of up to 2 active fermentation projects. The free tier is provided at no cost and may be modified at our discretion.

7.2 Pro Tier

The Pro tier unlocks unlimited projects and additional premium features. Pro subscriptions are available as monthly or annual plans.

7.3 Billing and Payment

All subscriptions are billed through the Apple App Store or Google Play Store (collectively, "App Stores") and are managed by RevenueCat on our behalf. By subscribing, you agree to the following:

• Payment will be charged to your App Store account upon confirmation of purchase.
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription price.
• You may manage your subscription and turn off auto-renewal in your App Store account settings.
• Prices are in the currency of your App Store account and may vary by region.

7.4 Refunds

Refunds are handled by the respective App Store in accordance with their refund policies. We do not process refunds directly. To request a refund, please contact Apple or Google through their standard support channels.

7.5 Free Trial

If we offer a free trial for the Pro tier, the trial period and terms will be disclosed at the point of subscription. If you do not cancel before the trial ends, your subscription will automatically convert to a paid plan.

8. User Content

8.1 Your Content

You may create, upload, or submit content through the Service, including but not limited to photos, batch notes, recipes, observations, and other materials ("User Content").

8.2 Ownership

You retain all ownership rights in your User Content. FermentBuddy does not claim ownership of any content you create or upload.

8.3 License Grant

By submitting User Content, you grant FermentBuddy a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, and display your User Content solely for the purposes of operating, improving, and providing the Service. This license ends when you delete your User Content or your account, except where your content has been shared with others and they have not deleted it.

8.4 Content Responsibilities

You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to submit such content and that it does not violate any third-party rights or applicable laws.

9. Intellectual Property

The Service, including its design, code, graphics, logos, trademarks, guided workflows, and all other content not submitted by users, is owned by FermentBuddy and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service or its content, nor may you reverse engineer or attempt to extract the source code of the App, unless applicable law expressly permits it.

10. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
• Upload content that is defamatory, obscene, abusive, or otherwise objectionable.
• Attempt to gain unauthorized access to the Service, other user accounts, or associated systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to transmit malware, spam, or other harmful code.
• Scrape, crawl, or use automated tools to extract data from the Service without our prior written consent.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the Service as a definitive food safety tool or rely on it as a substitute for proper food safety practices.
• Resell, redistribute, or commercially exploit the Service without our prior written consent.

11. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

To the maximum extent permitted by applicable law:

• FermentBuddy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
• FermentBuddy shall not be liable for any illness, injury, or damage resulting from your fermentation activities, whether or not you followed guidance provided by the Service.
• Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $50 USD, whichever is greater.
• FermentBuddy is not responsible for any interruption or unavailability of the Service due to circumstances beyond our reasonable control.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless FermentBuddy, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved quickly through direct communication.

13.2 Binding Arbitration

If we cannot resolve the dispute informally, you and FermentBuddy agree that any disputes arising from or relating to these Terms or the Service will be resolved through binding arbitration, rather than in court, except that either party may seek equitable relief in court for intellectual property matters.

Arbitration will be conducted under the rules of the American Arbitration Association (AAA) or an equivalent arbitration body in your jurisdiction. The arbitration will take place in the English language and the arbitrator's decision will be final and binding.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

13.4 Small Claims Exception

Either party may bring qualifying claims in small claims court as an alternative to arbitration.

14. Regional Terms

14.1 European Union and United Kingdom

If you reside in the EU or UK, the following additional terms apply:

• Right of Withdrawal: You have a 14-day right of withdrawal from the date of purchase. However, by using the Service or downloading digital content, you expressly consent to the provision of the Service beginning immediately, and you acknowledge that you lose your right of withdrawal once the Service has been fully performed or the digital content download has begun.
• Consumer Protections: Nothing in these Terms limits your statutory rights under EU or UK consumer protection laws, including the Consumer Rights Act 2015 (UK) and Directive 2011/83/EU.
• Data Protection: Your data is processed in accordance with our Privacy Policy and applicable data protection laws, including the GDPR. See our Privacy Policy for full details.
• Governing Law: For EU/UK residents, these Terms are governed by the laws of your country of residence, and you retain access to your local courts for dispute resolution.

14.2 Australia

If you reside in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law.

14.3 California (United States)

If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

15. Termination

You may stop using the Service at any time. You may also delete your account by contacting us at [email protected].

We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice. Upon termination, your right to use the Service ceases immediately, but the following sections survive: Food Safety Disclaimer, Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive termination.

16. Changes to Terms

We may revise these Terms from time to time. If we make material changes, we will provide notice through the App, by email, or by posting the updated Terms on our website. The "Last Updated" date at the top of this page indicates when these Terms were most recently revised.

Your continued use of the Service after any changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and FermentBuddy regarding the Service.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.
• Governing Law: Except where overridden by regional terms above, these Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

18. Contact

If you have any questions, concerns, or feedback about these Terms, please contact us: