Effective as of June 1st, 2014
We really hope you enjoy using Real Plans. We inspire many, many households just like yours to cook amazing food consistently. Anyhow… here goes…. now for the details.
Thanks for choosing Real Plans (“Real Plans”, “we”, “us”, “our”). By signing up or otherwise using the Real Plans service, websites, and software applications (together, the “Real Plans Service” or “Service”), or accessing any content or material that is made available by Real Plans through the Service (the “Content”) you are entering into a binding contract with the Real Plans entity indicated at the bottom of this document. The Real Plans Service also includes the Real Plans Support Community as further described in the Real Plans Support Community section.
The Real Plans Service includes social and interactive features. Use of the Real Plans Service relies on several technical requirements.
Please read the Agreements carefully. They cover important information about Real Plans Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the Real Plans Service and access the Content, you need to (1) be 18 or older (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Real Plans is true, accurate, and complete, and you agree to keep it that way at all times.
2 Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting our support team.
3 Our Services & Paid Subscriptions
Real Plans provides meal planning services offering a selection of recipes and other content. All Real Plans services require payment before you can access them. The Real Plans services that may be accessed after payment are currently referred to as a “Paid Subscription”. You can learn more about our services by visiting our website.
The Paid Subscription may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription, or if your subscription is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Paid Subscription.
3.1 Paid Subscription Pricing
For paid subscriptions there may be pricing differences depending on where you purchase the service.
If you purchase the service on the website, the pricing is as follows:
1 month recurring subscription: $14
3 month recurring subscription: $33 ($11 a month)
12 month recurring subscription: $72 ($6 a month)
If you purchase the service on iTunes, the pricing is as follows:
1 month recurring subscription: $13.99
3 month recurring subscription: $32.99 ($11 a month)
12 month recurring subscription: $69.99 ($5.83 a month)
We are not able to match the exact pricing within iTunes pricing structure to match pre-existing Website pricing, hence the slight discount in iTunes.
4 Rights we grant you
The Real Plans Service and the Content are the property of Real Plans or Real Plans’s licensors. We grant you a limited, non-exclusive, revocable license to make use of the Real Plans Service, and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or Real Plans. You promise and agree that you are using the Content for your own personal, non-commercial use and that you will not redistribute or transfer the Real Plans Service or the Content.
The Real Plans software applications and the Content are licensed, not sold, to you, and Real Plans and its licensors retain ownership of all copies of the Real Plans software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Real Plans trademarks, service marks, trade names, logos, domain names, and any other features of the Real Plans brand (“Real Plans Brand Features”) are the sole property of Real Plans or its licensors. The Agreements do not grant you any rights to use any Real Plans Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Real Plans Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Real Plans grants no right, title, or interest to you in the Real Plans Service or Content.
Third party software (for example, open source software libraries) included in the Real Plans Service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
5 User-Generated Content
Real Plans users may upload (“post”) content to the Service (which may include, for example, ingredient and recipes pictures, text, whole recipes, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Real Plans Website as well as any other part of the Real Plans Service.
You promise that, with respect to any User Content you post on Real Plans, (1) you have the right to post such User Content, and (2) such User Content, or its use by Real Plans as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Real Plans or any recipe contributor, entity or individual without express written consent from such individual or entity.
Real Plans does not distribute user content between separate user accounts. Other Users will not see your recipes. Therefore, you can upload content in the same way you would hand write a recipe on a recipe card for future non-commercial use.
Real Plans may, but has no obligation to, monitor, review, or edit User Content. In all cases, Real Plans reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Real Plans’ sole discretion, violates the Agreements. Real Plans may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
6 Dietary Restrictions
Real Plans provides recipe suggestions to support a healthy lifestyle. Always consult a licensed physician for any medical advice. Real Plans does not provide medical advice.
Real Plans does not guarantee the accuracy, completeness, or usefulness of any nutritional information in the food database. Real Plans does not adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any nutritional information. Under no circumstances will Real Plans be responsible for any loss or damage resulting from your reliance on nutritional information and for ensuring that the food you and the members of your household prepare or consume are in accordance with your specific dietary needs and restrictions. You should always seek the advice of a physician or Registered Dietitian for your own specific conditions or dietary needs. Real Plans will not be liable for any health issues resulting from the consumption of ingredients to which you or a member of your household is allergic or that is harmful to you in any way.
7 Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Real Plans Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. We may provide your information on Recipe Contributors or Solution Partners. In any part of the Real Plans Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties.
If you provide feedback, ideas or suggestions to Real Plans in connection with the Real Plans Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Real Plans to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
8 User guidelines
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9 Service limitations and modifications
Real Plans will make reasonable efforts to keep the Real Plans Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Real Plans reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Real Plans Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Real Plans Service or any function or feature thereof. You understand, agree, and accept that Real Plans has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Real Plans and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
10 Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department by using our chat feature on the Website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame, but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame, and/or that we will be able to satisfactorily answer any such queries.
11 Payments, cancellations, and refunds
Paid Subscriptions can be purchased either by paying a monthly, quarterly or annual subscription fee. When you register for a Paid Subscription you consent to get access to Real Plans immediately.
11.1 You purchased your Paid Subscription using our Website
Payment will be charged to your credit card account at confirmation of your purchase.
You can cancel your paid subscription at any time within the application by contacting support. To cancel go to settings -> payment settings -> cancel subscription. If you cancel, you will be able to access your current subscription until the end of the current period.
For all paid subscriptions we offer a 1-time 30-day money back guarantee for Real Plans products conducted on the Website for new users, 10 days for Whole30 products. If you wish to receive a full refund of all monies paid before the refund period is over, you must contact Customer Support and we will refund your money within 48 hours. Once the refund is conducted you will no longer have access to your content.
11.2 You purchased your Paid Subscription using iTunes
Payment will be charged to your iTunes account at confirmation of your purchase. The Paid Subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Your iTunes account will be charged for renewal within 24 hours of the end of the current period.
You can manage your subscriptions and turn off auto-renew from your iTunes Account Settings after purchase. If you turn off auto-renew you will be able to access your current subscription until the end of the current period. A current subscription cannot be cancelled while it is active.
Because payments made through iTunes, the App Store (for iOS devices), or the Mac App Store (for Mac OS X devices) are processed by Apple, we cannot refund you directly. They are not processed by our service, and we only receive the payment confirmation from Apple. To directly ask for a refund from Apple, please open the iTunes receipt that was sent after purchasing the Paid Subscription. Apple usually sends the receipt within one or two days. On the receipt, click on the “Report a Problem” link in the “Item” column, right next to “Write a Review”. Then, a new window will open. Ask for a refund to Apple there.
Our Content and Services are provided on an ‘as is’ basis without warranties of any kind, whether explicit or implied. Use of our Content and Services are at your own risk.
Additionally, we make no representation or warrant that any Content within our Services is accurate, complete, reliable, or error-free. We do not make representation that the Content or Services is suitable for a particular use by you or one of your family members.
Real Plans does not warrant that our Content, Services, servers, or emails are free from viruses or any other harmful components.
Limited Liability. To the fullest extent permissible under applicable law, Real Plans limits our liability. In particular we will not be liable for any damages that we cause unintentionally and we will not be liable to you for any actual, incidental, indirect or consequential loss or damage however caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we will not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Site or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Site and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.
Indemnity. You agree to defend, indemnify and hold harmless Real Plans, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Sites and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Sites and Services.
13 Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Real Plans, the Agreements constitute all the terms and conditions agreed upon between you and Real Plans and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Real Plans Service may be governed by additional agreements. That could include, for example, access to the Real Plans Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Real Plans’ website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
14 Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Real Plans or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Real Plans’ or the applicable third party beneficiary’s right to do so.
Real Plans may assign the Agreements or any part of them, and Real Plans may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Real Plans harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Real Plans Service; and (4) your violation of any law or the rights of a third party.
17 Contact us
If you have any questions concerning the Real Plans Service or the Agreements, please contact Real Plans customer service by visiting the Contact Us section of our website.
Updated August 12th, 2016
© Real Plans Inc.