Terms Of Service

These Terms of Service (“Terms”) govern your use of The Lively Three mobile application (the “App”) and related services. By downloading or using the App, you agree to these Terms.

1) Who we are

The App is provided by Beeqster GmbH

Address: Bühlstrasse 18, 8172 Niederglatt

Registered seat: Niederglatt, Canton of Zurich, Switzerland

2) Eligibility

The App is intended for users aged 16 or older. If you are under 16, you may not use the App. You are responsible for ensuring your use is lawful in your jurisdiction.

3) License to use the App

4) Accounts, sign-in, and your responsibilities

The App requires an account to function meaningfully. You agree to:

• provide information that is reasonably accurate for the features you choose to use,
• keep your credentials confidential and not share your account,
• promptly notify us of unauthorized access.

You are responsible for activities performed through your account.

5) Acceptable use and restrictions

You must not, and must not attempt to, do any of the following. Where applicable law does not allow certain restrictions, those restrictions do not apply to you to that extent:

• reverse engineer, decompile, disassemble, or otherwise derive source code or underlying ideas of the App,
• bypass paywalls or access premium features without a valid subscription,
• scrape, extract, harvest, or collect data or content from the App at scale (including through automation),
• interfere with the App’s security, integrity, or performance (including introducing malware),
• use the App for unlawful purposes or to infringe rights of others,
• use the App or any outputs to develop, train, test, benchmark, or validate a competing product or service (including nutrition tracking, scoring, recommendation, sustainability scoring, or analytics services),
• collect, export, or aggregate any data, outputs, or screens from the App at scale for commercial use, benchmarking, or competitive analysis.

We may suspend or terminate access if you materially violate these Terms or if your use poses security, legal, or operational risk.

6) Subscriptions, billing, trials, cancellation, and refunds

Certain features require a paid subscription (“Subscription”). Subscriptions are purchased through the Apple App Store or Google Play Store and are governed by the respective store’s terms.

• Trial: If offered, a trial provides temporary access to premium features as described in the App or store listing.
• Billing & renewal: Billing and renewal settings (including whether a subscription auto-renews) are managed through your app store account.
• Cancellation: You can cancel at any time via your app store subscription settings (accessible through the App).
• Refunds: Refunds are handled by Apple/Google under their policies, except where mandatory law requires otherwise.
• No refunds by us: To the extent permitted by law, we do not provide refunds or credits for subscriptions, partial subscription periods, or unused features.
• Price changes: Subscription prices may change subject to app store rules and applicable law. Where required, notice is provided through the App and/or the app store.

Nothing in these Terms limits statutory consumer rights that cannot be waived.

Statutory withdrawal rights (EU/UK): If you reside in the EU/EEA or UK, you may have statutory rights to withdraw from certain purchases within a defined period, subject to applicable law and the app store’s purchase flow. Where purchases are made through Apple/Google, withdrawal, cancellation and refund handling is administered through the relevant app store processes, and your mandatory rights remain unaffected.

7) What the App does (and does not do)

The App helps you track plant-focused intake and provides informational analytics, including:

• Nutrition analytics: charts and summaries that compare your logged intake (based on your portion entries and food database reference values) against reference targets derived from publicly available nutritional reference frameworks; and
• Sustainability analytics: charts and summaries that estimate environmental impact and compare your logged intake against reference targets derived from sustainability models (including, where shown, planetary-boundary-inspired budgets and per-user budget estimations that may vary by country or region).

Important: Sustainability analytics are model-based estimates intended for informational and educational purposes. They do not represent a definitive measurement of environmental footprint and should not be used as a sole basis for compliance, investment, procurement, or other high-stakes decisions. Sustainability outputs depend on datasets, conversion factors, and methodological choices, and results may differ materially from other models or methodologies where such alternative approaches exist.

We do not guarantee any specific health, fitness, performance, or sustainability outcomes from use of the App.

The App is not medical advice. The App does not provide medical diagnosis or treatment, and it is not intended for emergencies. Always seek professional advice for medical questions.

8) Data quality, estimates, and user responsibility

The App’s outputs depend on:

• the data you enter (including portion estimates),
• food database reference values,
• sustainability and impact datasets and conversion factors (where used), and
• calculation and modeling assumptions.

Outputs are estimates and may be incomplete, outdated, uncertain, or inaccurate. This applies to both nutrition analytics and sustainability analytics.

You are responsible for how you interpret and use the App’s outputs and for verifying information that matters to you (including ingredients, suitability of foods/recipes for your circumstances, and the appropriateness of sustainability assumptions for your use case).

9) AI-based recipe suggestions

The App may generate recipe suggestions using AI based on your selected preferences and displayed nutrient gaps/targets (and, where applicable, sustainability-related targets). AI outputs can contain errors or omissions and may be incomplete or unsuitable for your circumstances. We do not guarantee their accuracy, safety, or fitness for any particular purpose.

Recipe suggestions are optional and informational. You agree that you will verify ingredients, especially for allergies, intolerances, medical conditions, or dietary restrictions, and you remain responsible for decisions you make based on recipe suggestions.

10) Privacy, Data Contracts, and consent controls

Our processing of personal data is described in our Privacy Policy and your in-app Data Contracts, which are incorporated by reference.

• Core processing: Some processing is required to provide the App (e.g., account, logging, personal analytics).
• Optional processing: Additional features and any optional sharing are offered through Data Contracts and can be managed in the App.

If you do not agree to required processing, you cannot use the App.

11) Your content and our rights to operate the service

You retain your rights in the information you submit to the App (such as consumption logs and preferences). You grant us a limited, worldwide, non-exclusive license to host, process, and use that information to provide, maintain, secure, and improve the App, consistent with the Privacy Policy and your Data Contracts.

We own and retain all rights in the App, including software, designs, algorithms, scoring methods (including nutrition and sustainability scoring methods), models, prompts, outputs formatting, and aggregated service-level metrics.

Nothing in these Terms grants you any ownership rights in our models, scoring methods, or outputs formatting, and you may not use the App’s outputs to replicate or compete with our core functionality.

12) Third-party services

The App may rely on third-party services (e.g., app stores, authentication providers, cloud infrastructure, push notification services) to operate. Your use may also be subject to third-party terms (e.g., Apple/Google store terms). We are not responsible for third-party services outside our control.

This may also include website service providers such as tag management, analytics, and advertising measurement tools, where you use our website and provide the required cookie consent.

13) Suspension, termination, and deletion

You may stop using the App at any time. You may delete your account in the App. Deletion options and retention rules (including backup overwrite periods and payment record retention) are described in the Privacy Policy.

If we terminate or suspend your account for misuse or security reasons, we may restrict access and features. Where feasible and appropriate, you may still request account deletion subject to legal and security obligations.

14) Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose, non-infringement, and accuracy or reliability of outputs.

We do not guarantee uninterrupted availability or error-free operation. The App may be unavailable or experience delays due to maintenance, updates, technical issues, or factors outside our control (including device, operating system, or network conditions).

15) Limitation of liability

To the maximum extent permitted by law:

• our total liability arising out of or related to the App will not exceed the amounts you paid for subscriptions in the 12 months before the event giving rise to the claim.
• we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill.

Nothing in these Terms limits liability where limitation is prohibited by mandatory law (including for intent or gross negligence where applicable).

16) Changes to these Terms

We may update these Terms from time to time. If changes are material, we will provide notice through the App and/or to your registered email. Continued use after the effective date means you accept the updated Terms.

17) Governing law and venue

These Terms are governed by Swiss law. The competent courts at the registered seat of Beeqster GmbH (Niederglatt, Canton of Zurich, Switzerland) shall have jurisdiction, unless mandatory consumer law provides otherwise.

18) Contact

Support: support@thelivelythree.earth

Privacy: privacy@thelivelythree.earth