By downloading, installing, or using the App, you accept this Agreement in full. If you do not agree to these terms, do not download or use the App. Where the App requires you to click to accept these terms, such acceptance supplements and does not replace the acceptance given by your use of the App.
1. Definitions and interpretation
1.1 In this Agreement, the following terms have the meanings set out below.
1.1.1 "App" means the PlantSwap mobile application, including all updates, modifications, and supplemental features provided by us.
1.1.2 "Intellectual Property Rights" means all patents, copyright, database rights, trade marks, design rights, trade secrets, and all other intellectual property rights, whether registered or unregistered, anywhere in the world.
1.1.3 "Personal Data" has the meaning given in the UK General Data Protection Regulation ("UK GDPR").
1.1.4 "Platform Rules" means the applicable terms of service of the platform through which you downloaded the App, being either the Apple App Store or Google Play Store.
1.2 References to "including" mean "including without limitation". Headings are for convenience only and do not affect interpretation.
2. Grant of licence
2.1 Subject to your compliance with this Agreement, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the App on a device that you own or control, solely for your own personal, non-commercial purposes.
2.2 You may not:
- copy, modify, translate, adapt, or create derivative works based on the App;
- sell, sublicence, rent, lease, or transfer the App or any rights in it to any third party;
- reverse engineer, decompile, or disassemble the App, except to the extent expressly permitted by applicable law; or
- use the App for any unlawful purpose or in a way that violates this Agreement.
2.3 Your use of the App must comply with the Platform Rules. In the event of a conflict between this Agreement and the Platform Rules, the Platform Rules take precedence.
2.4 All rights not expressly granted under this Agreement are reserved by us.
3. Eligibility and acceptable use
3.1 You must be at least 13 years old to use the App. By using the App, you confirm that you meet this requirement. If you are under 18, you confirm that you have obtained the consent of a parent or legal guardian.
3.2 You must use the App lawfully and in accordance with its intended purpose.
3.3 You must not:
- upload or submit any image or other content through the App that is unlawful, or that you do not have the right to submit;
- use the App to harm, harass, or defraud any person;
- upload or transmit malicious code, viruses, or disruptive software;
- attempt to gain unauthorised access to the App or any related systems; or
- circumvent or interfere with the security features of the App.
3.4 We may suspend or terminate your access to the App immediately if we reasonably believe you have breached this clause 3.
4. Allergen and health disclaimer
4.1 The App is designed to suggest plant-based alternatives to ingredients, meals, and recipes. It is an informational tool only. Nothing in the App constitutes nutritional, medical, or allergy advice, and it must not be treated as such.
4.2 Plant-based alternatives suggested by the App may contain allergens. You are solely responsible for checking the allergen content of any ingredient, recipe, or alternative before consuming or preparing it. This includes checking product labels and, where appropriate, seeking guidance from a qualified professional.
4.3 We make no representation that any suggestion made by the App is safe for individuals with specific dietary requirements, allergies, intolerances, or medical conditions. If you have specific health or dietary needs, you should consult a qualified healthcare professional before acting on any information provided by the App.
4.4 The App's suggestions are generated using artificial intelligence based on the images or ingredient information you provide, see clause 6. We cannot guarantee the accuracy or completeness of allergen or nutritional information generated by the App. You acknowledge that reliance on information provided by the App is at your own risk.
5. Intellectual property
5.1 All Intellectual Property Rights in the App, including its design, software, algorithms, and underlying technology, belong to us or our licensors. This Agreement does not transfer any ownership of those rights to you.
6. AI-generated suggestions
6.1 The App uses artificial intelligence, provided by our AI service provider and accessed via OpenRouter, to analyse images or ingredient information you submit and generate plant-based recipe suggestions.
6.2 Suggestions are generated automatically by software and may be inaccurate, incomplete, or unavailable at any given time. We do not guarantee the accuracy, completeness, or suitability of any suggestion generated by the App.
6.3 Suggestions are provided for informational purposes only and do not constitute professional advice of any kind. See clause 4 for further detail regarding allergen and health information.
7. Privacy and data protection
7.1 We process Personal Data in connection with your use of the App in accordance with our Privacy Policy. We encourage you to read the Privacy Policy before using the App.
7.2 We comply with the UK GDPR and the Data Protection Act 2018 in the processing of your Personal Data. The Privacy Policy sets out the legal basis on which we process your data, what data we collect, how we use it, and your rights in relation to it.
8. Limitation of liability
8.1 The App is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we exclude all warranties, conditions, or representations relating to the App, whether express or implied, including any implied warranty of satisfactory quality, fitness for a particular purpose, or non-infringement.
8.2 To the maximum extent permitted by law, we are not liable for:
- any indirect, incidental, special, or consequential loss arising from your use of or inability to use the App;
- loss of data, profits, revenue, goodwill, or opportunity;
- any loss or damage arising from reliance on allergen, nutritional, or ingredient information accessed through the App; or
- any loss arising from the accuracy, completeness, or availability of suggestions generated by the App.
8.3 Nothing in this Agreement excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot lawfully be excluded or limited under applicable law.
8.4 If you are a consumer, you may have statutory rights that this Agreement does not affect, including rights under the Consumer Rights Act 2015.
9. Updates and amendments
9.1 We may update or modify the App from time to time, including to improve functionality, fix errors, or comply with legal or regulatory requirements. Some updates may be required for continued use of the App.
9.2 We may amend this Agreement at any time by posting the updated version within the App or on our website and, where practicable, notifying you of material changes. Your continued use of the App following notification of an amendment constitutes acceptance of the updated terms. If you do not accept the amended terms, you must stop using the App and uninstall it.
10. Termination
10.1 This Agreement continues until terminated. We may suspend or terminate your licence and access to the App immediately if:
- you breach any provision of this Agreement; or
- we reasonably consider that your use of the App poses a risk to other users, to us, or to the integrity of the App.
10.2 You may stop using the App and terminate this Agreement at any time by uninstalling the App from your device.
10.3 On termination for any reason:
- your licence under clause 2.1 ceases immediately;
- you must delete all copies of the App in your possession or control; and
- clauses 4, 5, 6, 8, and 11 survive termination and continue in force.
11. General
11.1 Governing law. This Agreement is governed by the laws of England and Wales. Any dispute arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11.2 Severability. If any provision of this Agreement is held to be unenforceable or invalid, it shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
11.3 Entire agreement. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us in relation to the App and supersedes all prior agreements or understandings relating to its subject matter.
11.4 No waiver. Failure or delay by us to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
11.5 Apple and Google. You acknowledge that:
- this Agreement is between you and us only, and not with Apple Inc. ("Apple") or Google LLC ("Google");
- Apple and Google have no obligation to provide maintenance, support, warranty, or product liability services in relation to the App;
- Apple is a third-party beneficiary of this Agreement in respect of the iOS version of the App and, upon your acceptance of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary; and
- in the event of any third-party claim that the App infringes that third party's intellectual property rights, we (not Apple or Google) are solely responsible for the investigation, defence, settlement, and discharge of such claim.
11.6 Notices. Any notices under this Agreement should be sent to us at privacy@sidequestdigital.co.uk.