GailsPlate Terms of Service

Effective November 1, 2026 · Version 1.0

Download a text copy

Document ID: MG-L-002

Version: 1.0

Effective Date: November 1, 2026

Last Updated: November 1, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the GailsPlate mobile application, gailsplate.com, mygail.com, and related services (collectively, the “Services” or “App”) operated by MYGAIL INC., an Alberta corporation (“MYGAIL INC.,” “we,” “us,” or “our”). GailsPlate is the product name for the Services.

By downloading, accessing, registering for, or using the Services, you agree to be bound by these Terms and the policies incorporated into them. If you do not agree with these Terms, do not access or use the Services.

Where the Services present an acceptance or consent control, you must make the indicated choice to use the feature that requires it. Any consent required by privacy law must be obtained separately where required; accepting these Terms does not itself provide consent to optional uses of sensitive information.

If you use the Services on behalf of another person or organization, you represent that you have authority to accept these Terms on their behalf.

These Terms should be read together with the GailsPlate Privacy Policy. Health and wellness disclaimers, subscription and cancellation provisions, and account-deletion provisions are included in these Terms; no separate billing or deletion policy is incorporated by reference.

2. Definitions

In these Terms:

“AI-Generated Content” means any recipe, meal suggestion, ingredient recommendation, response, or other content generated by Gail’s AI-powered features in response to a User’s input, prompt, or account information;

“GailsPlate” means the GailsPlate mobile application, website, and related Services owned and operated by MyGail Inc., and also means MyGail Inc., including in its capacity as operator of those Services.

“Services,” “Personal Information,” “User,” and “User Content” have the meanings given in the GailsPlate Privacy Policy, and “User Content” includes AI-Generated Content associated with the User’s account. “GailsPlate” refers to the product and Services operated by MYGAIL INC.; “MYGAIL INC.,” “we,” “us,” and “our” refer to the legal entity identified in Section 1 above.

3. Eligibility

You must be at least 18 years old to use the Services.

By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Accounts and Account Security

Certain features require an account. You represent and warrant that all information provided is accurate and reasonably current information and you shall keep your account information updated.

You are responsible for maintaining the security of your account credentials and for activity occurring through your account, except to the extent caused by GailsPlate’s failure to use reasonable security measures.

You must promptly notify GailsPlate if you believe your account has been accessed or used without authorization.

GailsPlate may suspend or terminate accounts that violate these Terms, applicable law, or that present a security or misuse risk.

5. Use of the Services

Subject to your compliance with these Terms, GailsPlate grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App and the Services on devices you own or control, solely for your personal, non-commercial purposes. You may use the Services only for lawful purposes and in accordance with these Terms.

This license does not permit, and you specifically agree that you will not:

remove, obscure, or alter any proprietary notices;

use the Services for unlawful, fraudulent, abusive, or harmful purposes;

attempt to gain unauthorized access to the Services, accounts, systems, or networks;

interfere with or disrupt the operation or security of the Services;

reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services except where applicable law expressly permits it;

copy, reproduce, distribute, sell, rent, lease, sublicense, or commercially exploit the Services except as expressly permitted;

use automated means to access or extract data from the Services in a manner that could interfere with their operation or violate applicable law;

impersonate another person or misrepresent your affiliation with another person or organization;

upload or transmit malicious code, malware, or other harmful material; or

use the Services in a manner that violates the rights of GailsPlate, these Terms, the Privacy Policy, applicable law, or the rules of the platform (Apple App Store, Google Play) that distributed the App to you, or any third party.

5.1 Automated Access, Scraping, and Competitive Use

You may not use automated systems, bots, crawlers, spiders, scrapers, scripts, data-mining tools, or similar technologies to access, collect, copy, monitor, index, extract, reproduce, or otherwise obtain content, data, recipes, recommendations, User Content, product functionality, or other information from the Services except where GailsPlate has expressly authorized such access in writing.

You may not use the Services or information obtained from the Services to develop, train, benchmark, validate, test, or improve a competing product or service, including a competing artificial-intelligence system, recipe platform, meal-planning service, nutrition service, food recommendation system, or substantially similar product.

You may not systematically reproduce, replicate, reverse engineer, or imitate the functionality, structure, content, recommendation logic, AI behavior, interfaces, proprietary datasets, or other distinctive aspects of the Services for the purpose of creating or operating a competing product or service.

You may not use the Services to collect information about GailsPlate, its Users, its technology, or its business for competitive intelligence through automated or systematic means that exceed ordinary permitted use of the Services.

Nothing in this section prohibits lawful activities that cannot legally be restricted, including independent development of products without using GailsPlate’s confidential information, proprietary materials, or improperly obtained data.

6. GailsPlate’s Role

GailsPlate is a food, meal-planning, recipe, and wellness-oriented technology service. GailsPlate is not a medical provider, dietitian, physician, psychologist, therapist, pharmacist, or other licensed healthcare professional.

The Services are intended to provide information, organization, personalization, recipe and meal-planning assistance, and general wellness-oriented support. They are not a substitute for professional medical, nutritional, mental-health, or other professional advice.

GailsPlate does not provide medical advice, diagnosis, treatment, or clinical care.

Information provided by GailsPlate should not be interpreted as a diagnosis, treatment plan, medical recommendation, or substitute for advice from a qualified healthcare professional.

GailsPlate is not a doctor, registered dietitian, nutritionist, psychologist, therapist, pharmacist, nurse, or other licensed healthcare professional.

You should consult an appropriately qualified healthcare professional before making decisions that could affect your health, nutrition, medications, treatment, or medical condition.

GailsPlate is not a substitute for professional medical, nutritional, mental-health, or other professional care.

If you have a medical condition, food allergy, food intolerance, eating disorder, pregnancy-related dietary need, medication-related dietary concern, prescribed diet, or other condition requiring professional guidance, consult an appropriately qualified healthcare professional. DO NOT DELAY SEEKING PROFESSIONAL CARE BECAUSE OF INFORMATION OBTAINED THROUGH GAILSPLATE.

GailsPlate does not guarantee any particular health, wellness, nutritional, weight, fitness, dietary, or other outcome. Individual results vary and may depend on factors outside GailsPlate’s control. References to potential benefits, healthy eating, wellness, nutrition, or lifestyle improvements are informational and are not guarantees of individual results.

7. Recipes, Recommendations, and User Decisions

GailsPlate may provide recipes, meal suggestions, ingredient recommendations, substitutions, planning assistance, and other food-related recommendations.

You are responsible for reviewing recommendations before acting on them and for determining whether food, ingredients, recipes, preparation methods, and recommendations are appropriate for you.

You are responsible for checking ingredient labels, SPECIFICALLY ALLERGEN INFORMATION, preparation requirements, food safety considerations, and any dietary or health restrictions applicable to you.

GailsPlate does not guarantee that any recipe, recommendation, ingredient substitution, nutrition information, or other content is accurate, complete, suitable, safe, or appropriate for your circumstances, dietary or medical needs. ALWAYS CONSULT YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING CHANGES TO YOUR DIET, INGREDIENTS AND FOR ANY HEALTH, NUTRITION, MEDICATION, TREATMENT, MEDICAL CONDITION, FOOD, INGREDIENT AND/OR ALLERGY RELATED ADVICE.

DO NOT RELY SOLELY ON GAILSPLATE TO DETERMINE WHETHER A FOOD IS SAFE FOR YOU.

USERS SHOULD INDEPENDENTLY VERIFY NUTRITION INFORMATION

GAILSPLATE IS NOT AN EMERGENCY SERVICE AND IS NOT DESIGNED TO RESPOND TO MEDICAL EMERGENCIES.

If you are experiencing a medical emergency, severe allergic reaction, poisoning, serious injury, or other urgent health situation, do not rely on GailsPlate. Contact your local emergency services or seek immediate professional medical assistance.

GailsPlate does not monitor Users for emergencies and cannot dispatch emergency assistance on a User’s behalf.

8. AI-Powered Features

Certain features of the Services are powered by artificial intelligence, including Gail’s conversational and personalization features. GailsPlate currently uses OpenAI through GailsPlate’s backend to provide these features.

AI-generated responses may be incomplete, inaccurate, outdated, misleading, or inappropriate for a particular situation. AI systems can produce errors and should not be treated as authoritative sources.

You are responsible for evaluating AI-generated information before relying on it or taking action based on it.

Information provided to AI-powered features may be processed by third-party AI service providers as described in the GailsPlate Privacy Policy.

GailsPlate does not train or fine-tune its own AI models using User conversations or Personal Information. Information submitted to AI features is processed by providers under their applicable API terms and data controls, as described in the Privacy Policy. Do not submit information that is unnecessary for the assistance you request.

GailsPlate may modify, suspend, replace, or discontinue AI features or the underlying AI providers at any time, subject to applicable law and any commitments made to Users.

NO RELIANCE ON AI-GENERATED INFORMATION AS ADVICE OF ANY NATURE INCLUDING BUT NOT LIMITED TO HEALTH, WELLNESS, MOOD, MENTAL HEALTH, DIETARY ALLERGEN NUTRITIONAL OR MEDICAL. YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT, AND WILL NOT, RELY ON AI-GENERATED INFORMATION PROVIDED THROUGH THE SERVICES AS A DETERMINATION OF WHETHER A FOOD, RECIPE, INGREDIENT, OR OTHER RECOMMENDATION IS SAFE, APPROPRIATE, OR SUITABLE FOR YOUR OR ANY OTHER INDIVIDUAL’S MEDICAL, NUTRITIONAL, OR OTHER PERSONAL CIRCUMSTANCES. THIS SECTION 8 APPLIES REGARDLESS OF HOW DETAILED, PERSONALIZED, OR AUTHORITATIVE AN AI-GENERATED RESPONSE MAY APPEAR, AND REGARDLESS OF WHETHER IT REFERENCES A SPECIFIC HEALTH CONDITION, ALLERGY, OR DIETARY RESTRICTION YOU HAVE PROVIDED TO GAIL. YOU REMAIN SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING AI-GENERATED INFORMATION, INCLUDING AGAINST CURRENT INGREDIENT LABELS AND THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE ACTING ON IT.

9. Third-Party Services and Integrations

The Services rely on third-party providers and infrastructure for functions such as authentication, cloud storage, database services, hosting, communications, artificial intelligence, subscriptions, and other operations.

Third-party providers may include OpenAI, Supabase, Render, Kit, Apple, Google, and other providers used to operate the Services. The GailsPlate Privacy Policy describes the principal categories of third-party processing.

GailsPlate does not guarantee the availability, accuracy, security, performance, safety, suitability, or uninterrupted operation of third-party services and is not responsible for failures or changes in third-party services to the extent permitted by law. This applies equally to third-party retailers, restaurants, grocery providers, and food manufacturers, including the accuracy of menu, ingredient, nutrition, or product information they publish.

Third-party services may have their own terms, privacy policies, data retention policies, ingredient information, preparation practices, and safety standards. Users are responsible for reviewing relevant third-party information before relying on it.

GailsPlate may introduce integrations with third-party services that a User chooses to use. If you request an integration, GailsPlate may transmit information reasonably necessary to provide the requested feature. Third-party services may have separate terms and privacy policies, which you should review before using them.

For example, if GailsPlate later offers a grocery-shopping integration with a provider such as Instacart, information necessary to fulfill your request may be transmitted to that provider. Such a disclosure is not a sale or rental of your Personal Information.

10. User-Submitted Content

You retain ownership of User Content that you submit through the Services, subject to the rights and licenses described in these Terms.

By submitting User Content, you grant GailsPlate a non-exclusive, worldwide, royalty-free, sub-licensable, revocable, transferable license to host, store, reproduce, process, copy, modify, create derivative works of, display, perform, distribute, transmit, and otherwise use User Content as reasonably necessary to operate, maintain, secure, provide, and improve the Services, consistent with the GailsPlate Privacy Policy.

This license includes without limitation, the right to process User Content through third-party service providers when reasonably necessary to provide the Services, including AI-powered features.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHTS NECESSARY TO SUBMIT USER CONTENT AND GRANT THE RIGHTS DESCRIBED IN THESE TERMS, INCLUDING IN RESPECT OF ANY CONSENTS REQUIRED FROM THIRD PARTIES.

You must not submit User Content that is unlawful, infringing (including in respect of any third party’s intellectual property rights), fraudulent, malicious, abusive, or that violates the privacy or other rights of another person.

GailsPlate may remove, restrict, or disable access to User Content that it reasonably believes violates these Terms or applicable law.

The privacy and security treatment of User Content is described in the Privacy Policy.

11. Intellectual Property

The Services and their original content, features, software, designs, branding, trademarks, logos, graphics, interfaces, icons, written content, and other materials are owned by or licensed to GailsPlate and are protected by applicable intellectual-property laws.

Except as expressly permitted by these Terms or applicable law, you may not copy, modify, distribute, sell, license, publish, create derivative works from, or otherwise exploit GailsPlate’s intellectual property.

These Terms do not grant you ownership of GailsPlate’s intellectual property.

As between you and GailsPlate, GailsPlate owns its proprietary software, original materials and methodologies, subject to third-party rights. Third-party AI models, software and content remain owned by their respective owners or licensors. No ownership of a provider’s underlying model is claimed. Subject to these Terms, applicable law and third-party rights, you may use AI-Generated Content produced for you for personal, non-commercial purposes; exclusivity or intellectual-property protection for that content is not guaranteed.

12. Website and Waitlist

GailsPlate may operate gailsplate.com, mygail.com and related pre-launch or waitlist pages. Individuals may submit information to join a GailsPlate waitlist or request information about the Services.

By joining the GailsPlate waitlist, you may receive communications regarding GailsPlate, its launch, features, availability, and related information, subject to applicable law and your communication preferences.

Waitlist information is handled in accordance with the GailsPlate Privacy Policy.

GailsPlate does not guarantee a particular launch date, beta-access date, availability date, pricing, feature set, or other future product offering unless expressly stated in a binding agreement.

13. Subscriptions, Billing, and Cancellation

Free beta. Current beta access is free. Joining a waitlist or participating in the free beta does not authorize a payment or automatic renewal. Any future paid plan requires a separate purchase choice with the price and renewal terms disclosed before payment. The following paid-subscription provisions apply only if you choose and purchase such a plan.

Certain features of the Services may require a paid subscription. This Section 13 governs how paid subscriptions to the Services are offered, billed, renewed, cancelled, and managed, together with the applicable platform terms.

13.1 Subscription Plans. GailsPlate offers a free plan (the “Free Plan”) and may offer one or more paid subscription plans (“Premium”). Premium subscriptions may be made available on a monthly, annual, promotional, introductory, beta-tester, or other basis as determined by GailsPlate. Available plans, pricing, features, and eligibility will be displayed within the Services or the applicable app marketplace at the time of purchase. GailsPlate may modify the available subscription plans and features at any time, subject to applicable law and Section 23.

13.2 Billing. Premium subscriptions are billed in advance on a recurring basis according to the subscription plan you select. Billing is processed through the platform from which the subscription was purchased, including the Apple App Store or Google Play. Applicable taxes may be added where required by law. You are responsible for maintaining valid payment information through the applicable platform.

13.3 Automatic Renewal. Unless cancelled before the end of the then-current billing period, Premium subscriptions automatically renew for successive billing periods of the same duration, and you authorize GailsPlate and the applicable purchasing platform to charge your payment method on a recurring basis at the then-current price until you cancel. The renewal process, payment collection, and renewal notifications are administered by the applicable purchasing platform. Where required by applicable law, GailsPlate will provide, or will ensure that the applicable purchasing platform provides, advance notice of an upcoming renewal and of the amount to be charged.

13.4 Cancellation. You may cancel your Premium subscription at any time through the platform from which the subscription was purchased, or by contacting GailsPlate at hello@gailsplate.com. Cancellation will prevent future renewals but will not result in a refund for any prepaid portion of the remaining period of the subscription term, except where required by applicable law or the policies of the applicable purchasing platform. You will continue to have access to Premium features until the end of the then-current paid subscription period. Upon expiry of a Premium subscription, your account will continue under the Free Plan and access to Premium features will end. Cancelling a Premium subscription does not delete your account or your User Content; account deletion is addressed in Section 21. The features available under the Free Plan may change from time to time.

13.5 Promotional Pricing. GailsPlate may offer promotional pricing, introductory offers, beta-tester pricing, discounts, trial subscriptions, or other limited-time offers. Eligibility requirements, duration, and conditions of any such offer will be described at the time the offer is made. Unless otherwise stated, promotional offers cannot be combined.

13.6 Refunds. Subscriptions purchased through the Apple App Store or Google Play are subject to the refund policies of the applicable platform, and refund requests for those purchases must be made through that platform. Where a Premium subscription is purchased directly from GailsPlate, refund requests may be submitted to hello@gailsplate.com and will be handled in accordance with applicable law and GailsPlate’s then-current refund practices. Except where required by applicable law, GailsPlate does not provide refunds for purchases processed through third-party app marketplaces. Nothing in this Section 13 limits or waives any cancellation, refund, or other remedy available to you under applicable consumer-protection law that cannot lawfully be excluded or limited.

13.7 Failed Payments. If a recurring payment cannot be successfully processed, GailsPlate will, or will rely on the applicable purchasing platform to, notify you and permit a reasonable opportunity to update your payment information. If payment remains unsuccessful, access to Premium features may be suspended or discontinued until payment is successfully completed. You may continue to access the features available under the Free Plan, where applicable.

13.8 Changes to Pricing. GailsPlate may modify subscription pricing, available plans, and Premium features from time to time. A change to the price of a Premium subscription will take effect only at the commencement of a renewal term and not during a billing period for which you have already paid. Where a change increases the fees payable by you, the notice requirements in Section 23 apply, and you may reject the change by cancelling your Premium subscription before the change takes effect, in which case your subscription will continue at the existing price until the end of the then-current billing period. Where required by applicable law or by the applicable purchasing platform, you will receive advance notice before a pricing change becomes effective.

13.9 Platform Terms. Where a subscription is purchased through Apple or Google, billing, renewal, and cancellation are managed through the applicable app store account and platform procedures, and Section 29 also applies.

14. Privacy

Your use of the Services is subject to the GailsPlate Privacy Policy, which explains how GailsPlate collects, uses, discloses, stores, and protects Personal Information.

The Privacy Policy forms part of these Terms.

GailsPlate may use third-party service providers to process Personal Information as reasonably necessary to provide the Services, as described in the Privacy Policy.

15. No Professional Relationship

Your use of the Services does not create a doctor-patient, dietitian-client, therapist-client, counselor-client, or other professional-client relationship between you and GailsPlate.

Gail and GailsPlate personnel are not providing individualized professional medical, nutritional, psychological, legal, financial, or other regulated professional advice through the Services.

16. Availability and Changes to the Services

GailsPlate may add, modify, suspend, or discontinue features, content, functionality, or portions of the Services from time to time.

GailsPlate does not guarantee that the Services will always be available, uninterrupted, error-free, or compatible with every device or operating system.

GailsPlate may perform maintenance, updates, security changes, or other work that temporarily affects availability.

GailsPlate does not guarantee that any feature described in pre-launch materials, demonstrations, waitlist communications, or marketing materials will be included in the final product.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

GAILSPLATE DISCLAIMS WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND SECURITY.

GAILSPLATE DOES NOT WARRANT THAT THE SERVICES OR THEIR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, SECURE, ERROR-FREE, OR UNINTERRUPTED.

You acknowledge that the Services are intended for general informational, educational, meal-planning, recipe, and wellness-oriented purposes, and that you use the information provided through the Services at your own risk. You acknowledge that GailsPlate cannot control or verify the circumstances in which you act on a recommendation, including in respect of allergic reactions, foodborne illness, medication interactions, or other adverse health outcomes.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS A WARRANTY, CONDITION, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Additional Health, Food, and Nutrition Disclaimers

Allergens and Intolerances. GailsPlate cannot guarantee that any recipe, ingredient suggestion, substitution, restaurant information, or other food-related recommendation provided through the Services is free from allergens, cross-contamination, or ingredients that may cause an adverse reaction. Ingredient lists, labels, restaurant preparation practices, manufacturing processes, and product formulations may change, or may be incomplete, inaccurate, or unavailable to GailsPlate. If you have a food allergy, intolerance, sensitivity, or medically required dietary restriction, you are responsible for independently verifying ingredients, labels, preparation methods, cross-contamination risks, and other relevant information before consuming any food.

Medications, Medical Conditions, and Special Circumstances. Food and nutrition choices can interact with medications, medical conditions, treatments, pregnancy, breastfeeding, and other individual circumstances. GailsPlate cannot determine whether a particular food, ingredient, supplement, recipe, diet, or recommendation is appropriate for your medical circumstances. If you take medication, have a chronic or acute medical condition, are pregnant or breastfeeding, are preparing food for a person with a medical condition, or have another circumstance requiring specialized dietary guidance, you should consult an appropriately qualified healthcare professional before acting on any recommendation provided through the Services.

Nutrition Information. Nutrition information provided through the Services may be estimated, incomplete, or based on available recipe or ingredient information. Nutrition values can vary based on brands, products, serving sizes, preparation methods, ingredient substitutions, cooking methods, and other factors. GailsPlate does not guarantee the accuracy, completeness, or suitability of nutrition information, and you should independently verify it where accuracy is important for health, medical, dietary, or other personal reasons.

Food Safety. Further to Section 7, GailsPlate does not guarantee that food preparation instructions, cooking times, temperatures, storage recommendations, expiration information, or other food-safety information provided through the Services are complete or appropriate for every circumstance. You should follow applicable food-safety guidance and product or package instructions and use appropriate judgment when preparing, storing, handling, or consuming food. GailsPlate cannot independently verify restaurant preparation practices, manufacturing processes, recalls, cross-contamination, ingredient substitutions, or other conditions outside GailsPlate’s control.

Not a Medical Device. The Services are not a medical device and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAILSPLATE AND ITS OWNERS, OPERATORS, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SERVICES OR WITH ANY LINKED THIRD-PARTY WEBSITE, THE MATERIALS OR INFORMATION CONTAINED THEREIN, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAILSPLATE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO GAILSPLATE FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) CAD $500.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

For Australian consumers, applicable Australian Consumer Law guarantees and remedies cannot be excluded or restricted by these Terms, including by the liability cap, disclaimers or refund wording. Mandatory Canadian and United States consumer and privacy rights are likewise preserved.

19. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless GailsPlate and its owners, operators, affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from or related to:

your violation of these Terms;

your misuse of the Services;

your User Content;

Any unauthorized access to or use of the Services arising from your failure to maintain the security of your account credentials.

your violation of another person’s rights; or

your violation of applicable law.

Except to the extent any such claim, liability, damage, loss, cost, or expense arises from GailsPlate’s own gross negligence or willful misconduct. GailsPlate may assume exclusive control of the defense of a claim subject to indemnification, and you agree to reasonably cooperate in that defense, at your own expense.

20. Termination

You may stop using the Services at any time.

GailsPlate may suspend or terminate your access to the Services if you violate these Terms, applicable law, or if reasonably necessary to protect the Services, Users, or others.

Termination or suspension does not eliminate obligations that by their nature should survive termination, including provisions concerning intellectual property, User Content licenses, disclaimers, limitations of liability, indemnification, dispute-related provisions, and governing law.

21. Data Deletion

How to request deletion. You may delete your account at any time using the in-app account deletion functionality, or by contacting GailsPlate at privacy@gailsplate.com.

Verification. GailsPlate may require reasonable information to verify your identity before acting on a deletion request, in order to protect accounts against unauthorized deletion. Where GailsPlate cannot reasonably verify a request, it may request further information or decline the request where necessary to protect the account or to comply with applicable law.

What deletion includes. GailsPlate will delete or anonymize Personal Information and account-associated data that GailsPlate is not permitted or required to retain, which may include your account and profile information, dietary preferences and food-related profile information, Gail memory and account-associated conversation history retained for personalization, recipe ratings, meal activity, planner, grocery and pantry information, and other eligible account-associated content.

Timing and backups. GailsPlate will process deletion requests within a reasonable operational period, subject to the nature of the request, technical requirements, applicable law, and information GailsPlate is permitted or required to retain. Deletion from active production systems may occur before deletion from backup and disaster-recovery copies. Backup and disaster-recovery copies are retained in protected form until the applicable retention cycle expires, and GailsPlate does not represent that deletion from active systems results in instantaneous deletion from every backup copy.

Information GailsPlate may retain. Notwithstanding a deletion request, GailsPlate may retain information where reasonably necessary for legal or regulatory compliance; to establish, exercise, or defend legal claims; for fraud prevention, abuse prevention, or security investigations; for accounting, financial, tax, or transaction records; to protect the rights, property, or safety of GailsPlate, Users, or others; to maintain the security and integrity of the Services; in backups until the applicable retention cycle expires; and for other purposes permitted or required by law. Retained information remains subject to applicable privacy and security protections and will not be kept longer than reasonably necessary.

Third-party and AI providers. Where applicable and reasonably practicable, GailsPlate will request or cause the deletion of account-associated information held by its service providers, subject to each provider's own legal, security, backup, and retention requirements. Deleting your GailsPlate account does not necessarily cause immediate deletion of information temporarily retained by a third-party provider, including an AI service provider, under that provider's security, abuse-monitoring, legal, or other permitted retention processes. Those retention windows are outside GailsPlate’s direct control.

Subscriptions. Deleting your account does not cancel an active Premium subscription purchased through the Apple App Store, Google Play, or another platform. You must cancel through that platform as described in Section 13. Deletion does not eliminate payment, refund, chargeback, tax, accounting, or other records that GailsPlate or a payment platform is permitted or required to retain.

Waitlist and email records. Joining a GailsPlate waitlist does not necessarily create an account. Waitlist information, including an email address submitted through gailsplate.com or mygail.com, may be held separately from your account and stored with a third-party communications provider. Deleting your app account does not automatically delete a separate waitlist record; a separate request is required.

Effect of deletion. On deletion you may lose access to your account, Gail memory, conversation history, saved recipes, ratings, planner, grocery and pantry information, and other account content. Deleted information may not be recoverable. Where the Services provide a means of doing so, you should export or otherwise preserve any information you wish to keep before requesting deletion.

Your rights under applicable law. Nothing in this Section requires GailsPlate to delete information that it is legally required or permitted to retain. Where applicable law gives you additional deletion, access, correction, portability, objection, or other privacy rights, GailsPlate will handle your request in accordance with that law. Retention and deletion of Personal Information are described further in the Privacy Policy.

22. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Alberta and the applicable laws of Canada, without regard to conflict-of-law principles, subject to any mandatory rights or requirements applicable to a User.

Before commencing formal legal proceedings, the parties should make reasonable efforts to resolve disputes informally by contacting the other party and providing a reasonable opportunity to respond.

Nothing in these Terms prevents a party from seeking urgent or legally available interim relief or exercising rights that cannot lawfully be waived.

23. Changes to These Terms

GailsPlate may update these Terms from time to time to reflect changes to the Services, business practices, technology, or applicable law.

The Version and Last Updated information will be revised when changes are made and GailsPlate will either request your consent to agree to the revised Terms upon your next use of the Services, or follow the notice procedures as identified in this Section 23, below.

Continued use of the Services following an effective update constitutes acceptance of the updated Terms where permitted by applicable law. If GailsPlate makes material changes — for example, changes that expand your obligations, narrow your rights, modify dispute resolution, or materially affect disclaimers — GailsPlate will, for all Users:

Send a written notice at least 30 days before the change takes effect, via in-app notice (and email, if you have provided one).

In that notice, identify the specific new or amended clause, showing the clause as it read before (if it existed) and as it will read after, together with the date the change comes into force.

Give you the right to refuse the change and cancel this agreement without cost, penalty, or cancellation charge — by deleting your account (Settings > Delete Account) at any time before the change takes effect, or within 30 days after it takes effect if the change increases your obligations or reduces ours.

24. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

25. Entire Agreement

These Terms constitute the agreement between you and GailsPlate concerning your use of the Services and supersede prior agreements or understandings concerning that subject matter, except where a separate written agreement expressly applies. If there is a conflict or inconsistency between these Terms and the Privacy Policy, these Terms will govern, except that the Privacy Policy governs the collection, use, disclosure, storage, and protection of Personal Information, and except where applicable law requires that the provision more favourable to you apply.

26. No Waiver

A failure by GailsPlate to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision later.

27. Assignment

You may not assign or transfer your rights or obligations under these Terms without GailsPlate’s prior written consent, except where such restriction is prohibited by applicable law.

GailsPlate may assign or transfer these Terms in connection with a merger, acquisition, financing, sale of assets, corporate restructuring, or other business transaction.

28. Contact Information

Questions regarding these Terms may be directed to:

MYGAIL INC. (operator of GailsPlate)

Site 4, Box 15, RR 2

Carstairs, Alberta

T0M 0N0

Canada

General Support

hello@gailsplate.com

Legal / Terms Inquiries/Privacy/Data Deletion Requests

privacy@gailsplate.com

Alternative contact: dalton@mygail.com.

29. Platform Terms — Apple and Google

Where the Services are distributed through Apple App Store, TestFlight, Google Play, or another third-party platform, your use may also be subject to that platform’s terms and conditions.

Apple and Google are not parties to these Terms except to the extent expressly required by their applicable platform terms. The applicable platform may be responsible for distribution, payment processing, updates, or other platform functions.

GailsPlate remains responsible for the Services themselves to the extent required by applicable law and applicable platform rules.