Artichoke Terms of Use

These Terms of Service, also referred to as the Terms of Use ("Terms"), govern your access to and use of the Artichoke mobile application, the Artichoke learner portal, public pages, learning services, nutrition features, subscriptions, learner support, and related services (together, the "Service").

By creating an account, accessing the Service, purchasing a subscription, or otherwise using the Service, you agree to these Terms and the Artichoke Privacy Policy. If you do not agree, do not access or use the Service.

If you use the Artichoke mobile application obtained through the Apple App Store, your license to use the application is also subject to Apple's Standard End User License Agreement ("Apple Standard EULA"). These Terms govern the Artichoke account and Service. The Apple Standard EULA governs the license to the iOS application. If there is a conflict concerning the application license, the Apple Standard EULA applies to that conflict.

Artichoke provides the learner-facing Service, controls the learning and nutrition offering, and is responsible for its content, subscriptions, and relationship with learners. SkillFuel provides the hosted software platform and supporting infrastructure used to deliver the Service on Artichoke's behalf.

Apple is not responsible for providing or operating the Artichoke Service. Apple's responsibilities relating to the iOS application are limited to those described in the Apple Standard EULA and applicable App Store terms.

You must be at least 13 years old to use the Service. If the law where you live requires a higher minimum age to consent to digital services, you may use the Service only if you meet that age requirement or a parent, guardian, or other legally authorized person has provided any required consent.

If you accept these Terms on behalf of an organization or another person, you represent that you have authority to bind that organization or person.

You must provide accurate and current account information and keep it updated. Your account is personal unless Artichoke expressly authorizes another arrangement. You must keep your login credentials confidential and must not allow unauthorized people to use your account.

You are responsible for activity performed through your account to the extent permitted by law. Notify Artichoke promptly at marina.sahackaya@gmail.com if you believe your account or credentials have been lost, compromised, or used without authorization.

We may require identity or account verification where reasonably necessary to protect the Service, restore access, process a privacy request, or investigate suspected misuse.

The Service may provide courses, learning materials, coaching, progress records, certificates, assignments, communications, nutrition profiles, calorie and nutrient targets, meal logging, water tracking, meal analysis, coach feedback, Apple Health summaries, subscription features, and related tools.

Some features may depend on your tenant membership, course enrollment, device capabilities, location, active subscription, permissions, or other eligibility requirements shown in the Service. Features may vary between the mobile application and web portal.

You are responsible for the equipment, internet connection, Apple Account, operating system, and other third-party services needed to access the Service.

Nutrition targets, calorie estimates, meal analysis, health summaries, coaching information, and related content are provided for general wellness, educational, and informational purposes. They are not medical advice and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

The Service does not replace advice from a qualified doctor, dietitian, nutritionist, or other healthcare professional. Consult an appropriately qualified professional before making significant dietary, exercise, weight-management, or health decisions, especially if you have allergies, are pregnant, take medication, have an eating disorder or other medical condition, or experience concerning symptoms.

Do not use the Service for emergencies. Contact local emergency services or a qualified medical professional if you believe you are experiencing a medical emergency.

Nutrition calculations and recommendations depend on the information you provide. You are responsible for reviewing your profile, allergies, meal entries, and targets and correcting inaccurate or incomplete information.

If you request AI-assisted analysis of a meal description, photo, or voice recording, the Service uses an artificial-intelligence provider to identify likely foods and estimate portions, calories, and nutrients.

AI output is probabilistic and may be incomplete, inaccurate, or inappropriate for your individual circumstances. Food identification, portion sizes, allergens, ingredients, and nutrient values may be wrong. You must review and, where necessary, correct the result before saving or relying on it.

Do not rely on AI analysis to determine whether food is safe for an allergy, intolerance, medical condition, or medication interaction. Check product labels, ingredient information, and qualified professional advice.

Only upload content you are entitled to use and that you are comfortable submitting for analysis. Do not include another person's confidential, identifying, or health information without lawful authority and any required permission.

If you choose to connect Apple Health, the Artichoke application may display supported health and fitness information after you grant permission. You control Apple Health permissions through the Health app and iOS settings and may change them at any time.

Apple Health information can be incomplete or affected by device settings, sensors, third-party devices, data sources, permissions, and synchronization delays. Artichoke does not guarantee the accuracy or availability of Apple Health information.

The current health-summary feature reads supported Apple Health information on your device and does not upload it to Artichoke or SkillFuel servers. Additional information about Apple Health handling appears in the Artichoke Privacy Policy.

Nutrition Subscription

Artichoke may offer an auto-renewable subscription called "Nutrition Subscription" that provides access to paid Nutrition features described on the purchase screen. The subscription duration, current localized price, included functionality, and any introductory offer are displayed before you confirm the purchase. The standard offering is a monthly auto-renewable subscription unless the purchase screen states otherwise.

Billing and renewal

Purchases made in the iOS application are processed by Apple through your Apple Account. Payment is charged to your Apple Account when you confirm the purchase. The subscription automatically renews at the end of each subscription period unless you cancel it before renewal. Apple may begin attempting to process a renewal during the 24-hour period before the current subscription expires.

The renewal price is the price shown by Apple for your storefront, subject to any valid offer or price change handled under Apple's rules. Taxes and currency conversion may vary by country or region.

Managing or cancelling a subscription

You can manage or cancel an App Store subscription through your Apple Account subscription settings. Cancelling stops future automatic renewal but normally does not remove access already paid for during the current subscription period.

Deleting or anonymizing your Artichoke account does not automatically cancel your Apple App Store subscription. You must cancel the subscription separately through Apple. If you delete your Artichoke account while the subscription remains active, you may lose access to Artichoke features while Apple may continue billing until the subscription is cancelled or expires.

Restoring purchases

The application provides a purchase-restoration option for eligible App Store purchases. Restoration depends on the Apple Account used for the original purchase, Apple's transaction records, and successful association of the purchase with an eligible Artichoke account.

Refunds and billing disputes

Apple controls billing and refunds for purchases made through the App Store. Refund requests and App Store billing disputes must be submitted to Apple under Apple's applicable policies. Artichoke cannot issue an App Store refund directly.

Expiration, refunds, and billing failures

Paid access may end when a subscription expires, is refunded, is revoked, or cannot be renewed because of a billing issue. A billing grace period may apply where enabled and recognized by Apple and the Service.

Artichoke may provide access through a free feature, course enrollment, promotional entitlement, organization-sponsored arrangement, administrator grant, or another method. Such access may be subject to additional eligibility requirements and may end when the applicable enrollment, promotion, organization relationship, or entitlement ends.

Unless clearly stated otherwise, non-purchase access is personal, non-transferable, has no cash value, and does not entitle you to a refund.

You retain ownership of content you submit, such as profile information, meal descriptions, photos, voice recordings, assignments, messages, and other learner materials ("User Content").

You grant Artichoke and SkillFuel a limited, non-exclusive, worldwide right to host, store, copy, process, transmit, display, format, and otherwise use User Content only as reasonably necessary to:

• provide, personalize, secure, and support the Service;
• perform functions you request, including AI-assisted nutrition analysis;
• make content available to authorized Artichoke personnel or assigned coaches;
• maintain backups, prevent fraud, and troubleshoot technical issues; and
• comply with applicable law and enforce these Terms.

This permission ends when the content is deleted or no longer required for the Service, subject to reasonable backup cycles, anonymized data, audit records, legal obligations, and other retention described in the Privacy Policy.

You represent that you have the rights and permissions needed to submit User Content and that its submission and use under these Terms will not violate law, confidentiality obligations, privacy rights, intellectual-property rights, or another person's rights.

You must not:

• use the Service for unlawful, fraudulent, deceptive, abusive, or harmful purposes;
• impersonate another person or misrepresent your identity, eligibility, or affiliation;
• share, resell, sublicense, or commercially exploit your account or paid access without written permission;
• attempt to gain unauthorized access to accounts, systems, tenant data, or restricted features;
• bypass payment, subscription, security, rate-limit, access-control, or tenant-isolation measures;
• upload malware or content that is unlawful, infringing, threatening, discriminatory, or intentionally harmful;
• scrape, crawl, reverse engineer, decompile, disassemble, probe, or interfere with the Service except where applicable law expressly permits it despite this restriction;
• use automated systems in a way that places an unreasonable load on the Service;
• submit another person's health, identifying, or confidential information without lawful authority; or
• use AI features to generate or facilitate unlawful or harmful activity.

The Service, platform software, designs, logos, text, course materials, videos, graphics, interfaces, and other content supplied by Artichoke, SkillFuel, or their licensors are protected by intellectual-property and other laws.

Subject to these Terms, applicable payment or enrollment requirements, and the Apple Standard EULA for the iOS application, you receive a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service for its intended learning, coaching, and wellness purposes.

Except where expressly permitted, you may not reproduce, distribute, publish, sell, sublicense, publicly display, record, modify, create derivative works from, or commercially exploit protected Service content.

The Artichoke Privacy Policy explains what personal information is collected, how it is used and shared, how Apple Health and nutrition information are handled, and how you can exercise privacy rights.

By using features that require device permissions, you authorize the relevant access through the device interface. You may withdraw device permissions through your device settings, although doing so may prevent the affected feature from working.

The Service may rely on or link to third-party services, including Apple, Adapty, AI providers, hosting providers, notification services, and external websites. Your use of a third-party service may be governed by that provider's separate terms and privacy notice.

Artichoke does not control third-party services and is not responsible for third-party content, availability, security, or practices, except to the extent responsibility cannot lawfully be excluded.

We may update, improve, replace, restrict, or discontinue parts of the Service where reasonably necessary for maintenance, security, legal compliance, product development, provider changes, or operational reasons.

We will not intentionally remove paid subscription access during a period for which you remain entitled without providing an appropriate remedy where required by applicable law or App Store rules.

The Service may occasionally be unavailable because of maintenance, network interruption, provider failure, device limitations, security incidents, or events outside reasonable control. We do not guarantee uninterrupted or error-free operation.

You may stop using the Service at any time. You may initiate account deletion in the mobile application under Account > Privacy > Delete account. Account deletion and subscription cancellation are separate actions.

Artichoke may suspend or restrict access where reasonably necessary to investigate or prevent fraud, security threats, unlawful conduct, payment bypass, serious misuse, harm to another person, or a material breach of these Terms.

Where appropriate, we will provide notice and an opportunity to remedy a breach before termination. Immediate action may be taken where reasonably necessary to protect users, the Service, legal rights, or system security.

Provisions that by their nature should continue after termination remain effective, including provisions concerning intellectual property, retained records, payment obligations, disclaimers, liability, and dispute resolution.

To the maximum extent permitted by applicable law, the Service is provided on an "as available" basis. Artichoke does not promise that every feature will always be available, that all content or calculations will be accurate, or that the Service will meet every individual requirement.

Nothing in these Terms excludes warranties, remedies, or consumer rights that cannot lawfully be excluded. The specific disclaimers in these Terms, including the nutrition, health, AI, Apple Health, and third-party-service disclaimers, apply in addition to this section.

To the maximum extent permitted by applicable law, Artichoke and SkillFuel will not be liable for indirect, incidental, special, punitive, or consequential loss, or for loss of profit, revenue, business opportunity, goodwill, or data, arising from use of or inability to use the Service.

To the maximum extent permitted by applicable law, the total liability of Artichoke and SkillFuel arising from the Service will not exceed the greater of the amount you paid for the affected Service during the 12 months before the event giving rise to the claim or the minimum amount required by applicable law.

These limitations do not apply to liability that cannot legally be limited or excluded, which may include liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, or violation of mandatory consumer rights.

These Terms are governed by the law applicable to the Artichoke operator and the Service, without depriving consumers of mandatory protections available under the law of their habitual residence.

Before starting formal proceedings, please contact marina.sahackaya@gmail.com so the parties can attempt to resolve the issue informally. Nothing in these Terms prevents either party from seeking urgent legal protection or using a consumer-protection process or competent court available under applicable law.

We may update these Terms to reflect changes to the Service, subscriptions, providers, law, or business practices. We will publish the updated Terms and revise the "Last updated" date.

If a change materially affects an active paid subscription or your legal rights, we will provide additional notice or obtain consent where required. Changes do not retroactively reduce rights that have already accrued under mandatory law.

If a provision of these Terms is found unenforceable, the remaining provisions continue in effect, and the affected provision will be enforced to the greatest extent permitted by law.

A failure to enforce a provision is not a waiver. You may not transfer your account or rights under these Terms without written permission. Artichoke may transfer its rights and obligations as part of a reorganization, merger, acquisition, or transfer of the Service, subject to applicable law and appropriate notice.

These Terms, the Privacy Policy, the purchase information displayed before subscription, and the Apple Standard EULA where applicable constitute the agreements governing your use of the Service. Additional course, promotion, or organization-specific terms may apply where clearly presented and accepted.

For questions about these Terms, the Service, subscriptions, or your account, contact:

Artichoke

Email: marina.sahackaya@gmail.com