Mirabelly Terms of Service

Not legal advice. This document is product/engineering copy guidance, not legal advice. It is a plain-language draft prepared for counsel review and does not replace it. Clauses that turn on a legal judgment are tagged [COUNSEL] and collected in §13. Nothing here is in force until counsel has reviewed and approved it and a final effective date is set.

Effective date: [COUNSEL] to be set on launch. Last updated: draft.

These Terms of Service (“Terms”) are a contract between you and Mirabelly (“we”, “us”, “Mirabelly”, or the “Service”) governing your access to and use of the Mirabelly application, website, and related services. By creating an account, checking the Terms acceptance box at signup, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

This document is bound to the same advisory posture as the rest of Mirabelly: the Service is a reasonable guide, not an oracle — a planning aid, not medical advice and not a safety guarantee. The advisory framing in §6 and §7 below is the controlling statement of what Mirabelly is and is not, and it carries the same best-effort / not-medically-guaranteed language as our user-facing disclaimer copy deck.

1. Service description

Mirabelly is a household grocery and nutrition planning aid. Given the people in your household (name, age, sex) and your stated dietary restrictions and preferences, the Service suggests a weekly grocery basket intended to help cover nutritional targets, and lets you review, approve, and shop that list.

What the Service does:

Generates suggested weekly grocery lists from curated ingredient data.
Estimates per-person and per-household nutrient coverage for a suggested list.
Lets you approve, deny, lock, and check off items, and add ad-hoc shopping extras.
Offers a public knowledge base and nutrient explorer with general food data.

What the Service is not:

It is not medical, nutritional, dietary, or health advice, diagnosis, or treatment (see §6).
It does not guarantee that any suggested item avoids a given allergen or is appropriate for any individual (see §7).
It does not log food intake, generate recipes, or deliver groceries (these are outside the current Service).

The Service is provided on an as-is, advisory basis. Features may change, and we may add, modify, or remove functionality over time (see §11).

2. Eligibility

You must be at least 13 years old to create an account or use the Service. By using the Service you represent that you are 13 or older and that you have the authority to enter into these Terms.

The Service is intended for use by an adult managing a household. If you add household members who are minors (including a child’s age and sex used for planning), you represent that you are that child’s parent or legal guardian, or are otherwise authorized to provide that information.
We do not knowingly collect personal information from children under 13. See the children’s-privacy section of our Privacy Policy.
[COUNSEL] The 13+ minimum age, the guardian-authorization representation for minors in a household, and any jurisdiction-specific age-of-consent thresholds (e.g. 16 in parts of the EU/UK) require review for consistency with the Privacy Policy and applicable children’s-data law.

3. Accounts and user responsibilities

Authentication. Accounts are created and secured through our identity provider (Auth0). You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
Accurate information. You agree to provide accurate household information (ages, sexes, dietary restrictions, allergens, preferences) and to keep it current. The quality of the Service’s suggestions depends on the accuracy of what you enter.
Household membership. A household may include more than one adult member. When you invite another adult to your household, you represent that you are authorized to do so and to share the household’s planning data with them. Members may have different roles (e.g. owner vs. member); certain actions, such as managing billing, are limited to the household owner.
Verify before you rely. You are responsible for independently verifying every product, ingredient, and label before purchase or consumption, especially where allergies, medical conditions, or infants are involved (see §6 and §7).
Your account, your responsibility. You are responsible for the people you add to your household and for decisions you make using the Service’s suggestions.

4. Subscription, free trial, and billing

Mirabelly is offered on a flat per-household subscription. One subscription covers an entire household, regardless of how many members are in it.

4.1 Plans and price

Monthly plan: approximately $9 per month per household.
Annual plan: approximately $79 per year per household.

The amounts above are display figures. Stripe is the source of truth for the exact current price, currency, and any applicable taxes, which are shown to you at checkout before you confirm. [COUNSEL] Whether these display figures, the “flat per-household” characterization, and tax/VAT handling are stated adequately for the jurisdictions in which the Service is sold requires review.

4.2 Free trial

New households begin with a free trial (currently 14 days). During the trial you have full access to generation features at no charge.
A payment method may be collected at the start of the trial via Stripe so that your subscription can begin automatically when the trial ends.
Trial → hard wall. When the trial ends without an active paid subscription, generation of new grocery lists is blocked until you subscribe. This is a hard wall on the paid action. Previously generated and approved lists, your shopping lists, and your history remain readable even after the trial ends — only the creation of new lists is gated.

4.3 Payment processing (Stripe)

All payments are processed by Stripe, our third-party payment processor. We do not collect or store your full card number; Stripe handles card data under its own terms and privacy policy.
By subscribing, you authorize us, through Stripe, to charge your payment method on a recurring basis (monthly or annually, per your chosen plan) until you cancel.
Your use of Stripe is subject to Stripe’s terms and privacy policy, which we reference in our Privacy Policy.

4.4 Renewal, cancellation, and the customer portal

Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or annually) at the then-current price, until cancelled.
Cancellation. You may cancel at any time through the Stripe-hosted customer Portal, accessible from your Account/Billing screen. Cancellation stops future renewals.
Effect of cancellation. After cancellation, you retain access through the end of the period you have already paid for; when that period ends, generation is gated again (the hard wall) while your existing lists and history remain readable.
Billing management actions (starting checkout, opening the Portal) are limited to the household owner.

4.5 Refunds

[COUNSEL] The refund policy — whether trials/renewals are refundable, any pro-rata treatment on mid-period cancellation, and statutory withdrawal/cooling-off rights (e.g. EU/UK consumer law) — must be set by counsel. The default position pending review is that charges are non-refundable except where required by law.

4.6 Price changes

We may change subscription prices. We will provide notice as required by law and through the Service before a change takes effect, and a price change applies to the next renewal after the notice. Continuing to use a paid subscription after a price change takes effect constitutes acceptance of the new price. [COUNSEL] Notice period and method for price changes.

5. Acceptable use

You agree not to:

Use the Service for any unlawful purpose or in violation of these Terms.
Treat the Service’s output as medical, dietary, or health advice, or rely on it in place of professional advice (see §6).
Attempt to access another household’s data, circumvent the membership or entitlement controls, or bypass authentication or the generation gate.
Reverse engineer, scrape, overload, probe, or disrupt the Service, its APIs, or its infrastructure, or use automated means to access non-public endpoints.
Resell, sublicense, or commercially redistribute the Service or its output without our written permission.
Misrepresent your identity, your authority over household members, or the information you provide.

The public knowledge base and nutrient explorer are provided for general informational use; the acceptable-use limits above apply to them as well. We may suspend or terminate access for violations (see §10).

6. NOT medical advice (acknowledgement and waiver)

Mirabelly is a planning aid, not medical advice.

The Service, its suggestions, coverage estimates, and all content are provided for general informational and meal-planning purposes only. They are not medical, nutritional, dietary, or health advice, and are not a diagnosis, treatment, or recommendation for any individual.
Nutrient coverage estimates are approximate, are based on curated reference data that may be incomplete or inaccurate, and make no health-outcome claim. Using the Service does not promise any nutritional, dietary, or health result.
Always consult a qualified physician, registered dietitian, or other qualified health professional before making decisions about your diet or your household members’ diets, particularly for infants, during pregnancy, or for any person with a medical condition, allergy, or special dietary need.
Acknowledgement and waiver. By accepting these Terms (including at signup), you acknowledge that Mirabelly is a planning aid and not medical advice, and that you will not rely on it as a substitute for professional medical or nutritional advice. To the fullest extent permitted by law, you waive, and agree not to assert against us, any claim arising from your reliance on the Service’s output as medical or health advice. [COUNSEL] The scope, enforceability, and exact wording of this acknowledgement/waiver — and whether the signup checkbox alone is sufficient to bind it, or whether separate explicit consent is required — must be reviewed and coordinated with the signup acknowledgement line in the disclaimer copy deck §2 and the limitation of liability in §8.

7. Allergen and infant-safety disclaimer (acknowledgement and waiver)

This section incorporates Mirabelly’s advisory posture verbatim in framing: the Service avoids known allergens and restrictions on a best-effort basis using curated ingredient data, and is NOT medically guaranteed safe.

7.1 Allergen filtering is best-effort, not a guarantee

When you specify allergens or restrictions, the Service attempts to avoid matching items on a best-effort basis using curated ingredient data. This filtering is NOT medically guaranteed safe.
Coverage is intentionally incomplete. Items we have not yet reviewed are excluded out of caution rather than included. The absence of an item from a list does not mean it was certified to contain or avoid anything, and the presence of an item is not a certification of its contents.
Mirabelly does not label any individual item as free of an allergen or as cleared for any individual. The advisory is a basket-level and page-level statement, never a per-item certification.
You must always verify labels yourself, especially for severe allergies. Product formulations, manufacturing lines, and cross-contamination risks change and are outside our data. Independent label verification before purchase and consumption is your responsibility.

7.2 Infants and under-1 household members

Mirabelly supports planning for infant household members. Foods, quantities, and preparation appropriate for infants and young children differ significantly from those for adults and carry distinct risks (for example, honey before age one, choking hazards, and certain nutrient limits).
The Service’s infant-related handling is part of the same best-effort, advisory posture and is NOT medically guaranteed safe for any infant or child.
Always consult your pediatrician before introducing foods to an infant or young child, and verify suitability and preparation yourself.
[COUNSEL] Whether an explicit, separate infant-safety / under-1 disclaimer and waiver (covering, e.g., honey/under-one, choking, and nutrient limits) is required on the results and weekly surfaces and within these Terms, and its exact wording, must be reviewed and approved by counsel. This coordinates with the infant-safety counsel flag in the disclaimer copy deck §7. Until counsel rules, the household-wide advisory framing above is the only infant-facing disclaimer.

7.3 Acknowledgement and waiver

By accepting these Terms, you acknowledge the best-effort and intentionally incomplete nature of allergen and restriction filtering, agree to independently verify labels (especially for severe allergies) and infant suitability, and, to the fullest extent permitted by law, you assume the risk of, and waive claims arising from, an allergen exposure or infant-feeding decision made in reliance on the Service. [COUNSEL] Counsel to confirm this waiver adequately disclaims liability for an allergen exposure given that allergen coverage is intentionally incomplete, and to align it with the limitation of liability in §8 and the allergen counsel flag in the disclaimer deck §7.

8. Intellectual property

Our rights. The Service, including its software, design, branding, the “Mirabelly” name and marks, the application UI, and the structure and presentation of its curated content, is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, household, non-commercial use, subject to these Terms.
Underlying data. Nutrient and food reference data is derived from public sources (including USDA datasets) and remains subject to those sources’ terms; our curation, organization, and presentation of that data is our work. [COUNSEL] Confirm attribution and license compliance for all bundled reference datasets (e.g. USDA, and any other catalog sources) and how third-party data terms flow through to users.
Your content. You retain rights to the household and planning information you provide. You grant us a license to use that information solely to operate and improve the Service as described in the Privacy Policy.
Feedback. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use it without obligation to you.

9. Limitation of liability and disclaimer of warranties

As-is. The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that its suggestions or data are complete or accurate.
No reliance for health or allergen decisions. Consistent with §6 and §7, we make no warranty that any suggestion is medically appropriate, that any item avoids any allergen, or that planning for any person (including infants) is suitable. You rely on the Service at your own risk and must verify independently.
Limitation. To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or for personal injury or health consequences, arising out of or related to your use of or reliance on the Service. [COUNSEL] The aggregate liability cap (e.g. limited to the amounts you paid us in the preceding 12 months), the exclusions, and any non-waivable consumer rights or carve-outs (e.g. for gross negligence, willful misconduct, or liability that cannot be limited by law) must be set and reviewed by counsel and aligned with the §6/§7 waivers.
Indemnity. [COUNSEL] Whether to include a user indemnification clause (for your misuse of the Service or breach of these Terms), and its scope, requires review.

10. Termination

By you. You may stop using the Service and may cancel any paid subscription through the Stripe Portal (see §4.4) at any time. You may request account deletion as described in the Privacy Policy.
By us. We may suspend or terminate your access if you violate these Terms, misuse the Service, or where required by law, with notice where practicable.
Effect. On termination, your license to use the Service ends. Provisions that by their nature should survive — including §6, §7, §8, §9, and §12 — survive termination. Subscription and refund treatment on termination follows §4. [COUNSEL] Survival list, data-retention-on-termination, and any immediate-vs-end-of-period treatment require review and alignment with the Privacy Policy retention section.

11. Changes to the Service and to these Terms

Service changes. We may modify, add, or remove features at any time, and may discontinue the Service, as described in §1. Where a change materially reduces a paid feature, we will handle it consistent with applicable consumer-protection law. [COUNSEL]
Terms changes. We may update these Terms. We will post the updated Terms with a new “last updated” date and, for material changes, provide notice through the Service or by email. Continuing to use the Service after changes take effect constitutes acceptance. [COUNSEL] Required notice period and method for material changes to the Terms, and whether affirmative re-acceptance is needed.

12. Governing law and dispute resolution

[COUNSEL] The governing law, jurisdiction/venue, and any arbitration or class-action-waiver provisions are entirely a legal judgment and must be set by counsel. This section is a placeholder pending that decision; nothing in it is in force until counsel selects the governing jurisdiction and approves the dispute-resolution mechanism (including any consumer-law carve-outs for the regions in which the Service is offered).

13. Counsel-review checklist

Tag: [COUNSEL] — clauses that turn on a legal judgment and must be reviewed by counsel before launch. Collected here for a single review pass. Each item below corresponds to a [COUNSEL] tag in the section noted.

Effective date (banner / header). Set the effective date on launch; confirm the draft posture is removed before the document goes live.
§2 Eligibility. The 13+ minimum, the guardian-authorization representation for minors in a household, and any jurisdiction-specific age-of-consent thresholds (EU/UK 16, etc.); align with the Privacy Policy children’s-privacy section.
§4.1 Price disclosure. Adequacy of the ~$9/mo · ~$79/yr display figures, the “flat per-household” characterization, and tax/VAT handling per jurisdiction.
§4.5 Refunds. Refund/withdrawal/cooling-off policy, including statutory EU/UK consumer rights and any pro-rata treatment.
§4.6 Price changes. Required notice period and method.
§6 NOT medical advice — acknowledgement/waiver. Scope, enforceability, and wording of the medical-advice waiver; sufficiency of the signup checkbox vs. separate explicit consent; coordinate with the disclaimer deck §2 signup line and the §8 liability limit.
§7.1 Allergen waiver. Confirm the best-effort / intentionally-incomplete allergen waiver adequately disclaims liability for an allergen exposure; align with the disclaimer deck §7 allergen flag.
§7.2 Infant safety. Whether an explicit infant / under-1 safety disclaimer and waiver is required (honey/under-one, choking, nutrient limits) and its wording; align with the disclaimer deck §7 infant flag.
§7.3 Allergen/infant waiver enforceability. Risk assumption and waiver scope; alignment with §8.
§8 IP — data licensing. Attribution and license compliance for all bundled reference datasets (USDA and others) and pass-through of third-party data terms.
§9 Limitation of liability. Aggregate liability cap, exclusions, warranty disclaimers, non-waivable consumer carve-outs; and whether to add a user indemnification clause.
§10 Termination. Survival list, data-retention-on-termination, and immediate-vs-end-of-period treatment; align with the Privacy Policy.
§11 Changes. Notice period/method for Service and Terms changes; whether affirmative re-acceptance is required for material Terms changes.
§12 Governing law / dispute resolution. Governing law, venue, arbitration, and class-action-waiver decisions — set by counsel.
Cross-document consistency. Confirm these Terms, the disclaimer copy deck, and the Privacy Policy are mutually consistent on the advisory posture, the signup acknowledgement coupling, and children’s-data handling before launch.