Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) are a binding agreement between you and Nathaniel Baum, a sole proprietor (“we,” “us”), governing your use of the Stacking Plates mobile application and related services (the “App”). By creating an account or using the App, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the App.

2. Eligibility

You must be at least 18 years old to use the App. By using the App, you represent that you meet this requirement. We may suspend or terminate accounts we reasonably believe belong to ineligible users.

3. The App is not medical advice

The App provides fitness tracking, nutrition logging, and general wellness information for informational and motivational purposes only. It is not medical advice, and it is not a substitute for consultation with a physician, registered dietitian, or other qualified health professional.

• Calorie, macronutrient, and nutrition estimates — including AI-generated estimates from meal photos — are approximations and can be wrong, sometimes substantially. Do not rely on them for medical decisions, medication dosing (e.g., insulin), or management of any health condition.
• Consult a health professional before beginning any exercise or nutrition program, especially if you have (or suspect you have) any medical condition, are pregnant, or are recovering from injury.
• Never disregard professional medical advice or delay seeking it because of something in the App.
• If you experience pain, dizziness, or other concerning symptoms while exercising, stop and seek medical attention.

4. Health & eating-disorder notice

Calorie and macronutrient tracking is not appropriate for everyone. For some people — particularly those with a history of anorexia, bulimia, binge-eating disorder, or other forms of disordered eating — tracking food intake and weight can trigger or worsen harmful patterns.

• If you have a history of an eating disorder or disordered eating, we encourage you to talk with a doctor, therapist, or registered dietitian before using the App’s nutrition-tracking features, and to stop using them if tracking begins to feel compulsive or distressing.
• The App is a general-purpose fitness tool. It is not designed, tested, or intended for eating-disorder treatment or recovery, and its targets and estimates are not clinical guidance.
• If you are struggling, support is available. In the US, you can contact the National Alliance for Eating Disorders helpline at 1-866-662-1235 (or visit allianceforeatingdisorders.com), or dial 988 (Suicide & Crisis Lifeline) if you are in crisis.
• You will be asked to acknowledge this notice separately when you first use the App.

5. Your account

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Provide accurate information and keep it current. Notify us at stacking-plates-support@nathanielbaum.com of any unauthorized use. You may delete your account at any time in Settings; deletion is subject to our data-retention practices described in the Privacy Policy.

Accounts are for one person. Create only one account for your personal use, do not share your account, subscription, or promotional-code benefits with others, and ensure activity logged on your account reflects your own genuine use. We may suspend or terminate accounts that violate this.

6. Beta program

The App is currently offered as a closed beta. It may contain bugs, may change significantly or be discontinued, and data loss is possible despite our efforts. Features, pricing, and these Terms may change between beta and general release; we will notify you of material changes (Section 14). Beta access, including any promotional free access, may be modified or revoked as described in Section 8.

7. Subscriptions, billing & free trial

• Processor. Paid subscriptions are processed by Stripe through a web checkout, not by Apple. Purchases are subject to Stripe’s terms and privacy policy in addition to these Terms.
• Plans & pricing. Current plans, prices, and trial terms are shown at checkout. Prices may change; changes apply at your next renewal after notice.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period until canceled. Cancel any time via the customer portal (link in Settings); cancellation takes effect at the end of the current period. We do not provide prorated refunds for partial periods except where required by law.
• Free trial. New subscribers may receive a free trial. Trial length, post-trial price, and renewal terms are disclosed at checkout. One trial per person.
• Trial card authorization. If a payment method is required to start a trial, a temporary authorization hold may be placed (via Stripe) to verify the card; you are not charged if you cancel before the trial ends, though the hold may briefly reduce your available balance.
• Cancellation timing. To avoid being charged for the next period, cancel at least 24 hours before your renewal date. Your access continues through the end of the period you’ve paid for.
• Taxes. Prices may be exclusive of applicable sales tax, which is calculated at checkout.

8. Coupon & promotional codes

Promotional codes (including codes granting extended or indefinite free access) are offered at our discretion, are non-transferable, have no cash value, may be limited in number or duration, and may not be resold. We may revoke a code or the access it grants if it was obtained or used fraudulently, in violation of these Terms, or outside its intended audience. For codes granting indefinite free access, “indefinite” means for as long as we operate the relevant features; it does not obligate us to operate the App forever.

9. Acceptable use

You agree not to:

(a) use the App for any unlawful purpose; (b) attempt to probe, breach, or circumvent security or authentication measures; (c) reverse engineer, decompile, or scrape the App or its APIs except where such restriction is prohibited by law; (d) resell or provide the App to third parties as a service; (e) upload content that is unlawful, infringing, or harmful; (f) interfere with other users’ use of the App; or (g) misrepresent your identity or eligibility.

10. Your content & license

You retain ownership of the content you submit (workout logs, meal photos, notes). You grant us a worldwide, non-exclusive, royalty-free license to host, process, and display that content solely to operate, maintain, and improve the App (including processing meal photos through third-party AI services to generate nutrition estimates, as described in the Privacy Policy). We do not sell your personal content.

11. Intellectual property

The App, including its design, code, mascot characters, and branding, is owned by us or our licensors and protected by intellectual-property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

12. Disclaimers

The App is provided “as is” and “as available” without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that nutrition or fitness estimates will be accurate. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

13. Limitation of liability & assumption of risk

You acknowledge that physical exercise carries inherent risk of injury and that you use the App’s fitness content at your own risk.

To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, or punitive damages, or for personal injury arising from your exercise or nutrition decisions, and our total liability will not exceed the greater of the amounts you paid us in the 12 months before the claim or $50.

14. Changes to these Terms

We may update these Terms. For material changes we will notify you in the App and require re-acceptance before continued use. The “effective date” above reflects the latest version. Continued use after re-acceptance constitutes agreement.

15. Termination

You may stop using the App at any time. We may suspend or terminate your access for violation of these Terms, fraud, or risk to other users or the service, with notice where practicable. Sections that by their nature should survive (IP, feedback license, disclaimers, liability limits, indemnification, disputes) survive termination.

16. Governing law & dispute resolution

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules.

Informal resolution first. Before filing any claim, both parties agree to try in good faith to resolve the dispute informally (contact us at stacking-plates-support@nathanielbaum.com) and to allow 30 days for resolution.

Arbitration & class-action waiver. Except for the small-claims carve-out below, disputes arising out of these Terms or the App will be resolved by binding individual arbitration administered by a reputable consumer arbitration provider under its consumer arbitration rules, and both parties waive the right to a jury trial and to participate in a class or representative action. If arbitration filing fees exceed the cost of filing the same claim in court, we will pay the difference.

Small-claims exception. Either party may instead bring an individual claim in small-claims court if it qualifies.

30-day opt-out. You may opt out of the arbitration agreement and class-action waiver by emailing stacking-plates-support@nathanielbaum.com with the subject “Arbitration opt-out” within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

Time limit on claims. Any claim must be brought within one year after it arises or it is permanently barred.

17. Feedback

The beta exists to collect your feedback. If you send us suggestions, ideas, bug reports, feature requests, or other feedback about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use that feedback for any purpose — including building and selling features based on it — without compensation or attribution, and you agree it is not confidential. Please don’t send feedback you aren’t comfortable licensing this way. (Feedback is separate from your logged content, which is covered by Section 10.)

18. Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold us harmless from third-party claims, damages, and reasonable attorneys’ fees arising out of content you submit, your violation of these Terms or applicable law, or your violation of any third party’s rights. We may assume the defense of any matter subject to indemnification, and you agree to cooperate with that defense.

19. AI features

The App uses artificial intelligence, including to estimate nutrition from meal photos, and may add AI-driven features over time (for example, coaching-style suggestions). AI output can be wrong, incomplete, or inappropriate to your situation. Use your own judgment — and the health guidance in Sections 3 and 4 — before relying on any AI-generated estimate or suggestion. This section does not limit the disclaimers and liability limitations elsewhere in these Terms.

20. Notice for California users

Under California Civil Code §1789.3, California users may direct complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App and supersede any prior agreements. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions stay in full effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Notices we provide by email or in the App satisfy any requirement that notice be in writing. Section headings are for convenience only and have no legal effect.

22. Contact

Questions about these Terms: stacking-plates-support@nathanielbaum.com.