Privacy Policy
Effective date:
SmartMeal, a product of SoftLab Digital (“SmartMeal,” “we,” “our,” or “us”).
These Terms of Service (“Terms”) govern your access and use of the SmartMeal mobile application and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Use of Service
1.1 Eligibility
You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use the Service.
1.2 Account
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
1.3 Acceptable Use
You agree not to:
Use the Service for unlawful, harmful, or fraudulent purposes.
Interfere with or disrupt the Service or its security features.
Upload or share content that infringes third-party rights.
2. User Responsibilities
2.1 Accuracy of Information
You are solely responsible for the accuracy of any data you provide (including dietary preferences, health information, or food inputs).
2.2 Health Disclaimer
SmartMeal is not a substitute for professional medical or dietary advice. Always consult a qualified professional before making health-related decisions.
2.3 Regulatory Compliance Notice
Depending on your jurisdiction:
Canada – SmartMeal complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws (e.g., Ontario’s FIPPA, Alberta’s PIPA, Québec’s Law 25). You have rights to access, correct, and request deletion of your personal data.
European Union / United Kingdom – Users are protected under the General Data Protection Regulation (GDPR – EU 2016/679 and UK GDPR). You have rights to access, rectification, erasure, restriction, portability, and objection.
United States – If you provide health-related information that qualifies as Protected Health Information (PHI), HIPAA safeguards may apply. SmartMeal is not a “covered entity” under HIPAA, but we will apply administrative, technical, and physical safeguards where relevant.
Nigeria – SmartMeal complies with the Nigeria Data Protection Act (NDPA 2023), ensuring your rights to lawful processing, consent, portability, and security.
3. Intellectual Property
3.1 Ownership
All intellectual property rights in the Service, including software, content, design, and trademarks, are owned by SmartMeal or its licensors.
3.2 License to Users
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes. 4. Sharing of information
3.3 User Content
By submitting content (e.g., recipes, feedback), you grant SmartMeal a worldwide, royalty-free, non-exclusive license to use, reproduce, and display such content in connection with the Service.
4. Disclaimers of Warranties
4.1 As-Is Service
The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied.
4.2 No Guarantees
We do not warrant that the Service will be uninterrupted, error-free, secure, or fit for a particular purpose.
4.3 MVP Disclaimer
As an MVP, the Service may contain bugs, incomplete features, or limited functionality. Use is at your sole risk.
5. Limitation of Liability
To the fullest extent permitted by law, SmartMeal shall not be liable for any indirect, incidental, special, or consequential damages, including loss of data, profits, or health-related outcomes arising from use of the Service.
6. Dispute Resolution
6.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
6.2 Arbitration/Mediation
Any disputes shall first be resolved amicably through negotiation. If unresolved, disputes shall be submitted to binding arbitration in Ontario, except where prohibited by law.
6.3 Class Action Waiver
You agree not to participate in class actions or representative proceedings against SmartMeal.
7. Account Activation
User must provide accurate registration information and agree to the SmartMeal Terms and Privacy Policy.
Account require email verification before full access is granted.
SmartMeal may refuse activation if fraud, misuse, or non-compliance is suspected.
8. Account Suspension
8.1 When we might pause your account
Smart meal may temporarily suspend a user account without prior notice in the following circumstances:
Suspected unauthorized or fraudulent activity.
Violation of SmartMeal Terms, guidelines, or applicable laws.
Abuse of trial periods or subscription systems.
Payment failure, chargeback, or disputed transactions.
Security concerns or compromised credentials.
8.2 Getting back into your account
Upon suspension, the user will be notified and may be required to verify identity, update payment information, or resolve the issue before reinstatement.
8.3 Liability and account access
SmartMeal SmartMeal is not liable for damages arising from a lawful suspension.
9. Account Deactivation
9.1 When we might pause your account
User may voluntarily deactivate their account at any time via in-app settings or by contacting support.
9.2 Getting back into your account
SmartMeal may deactivate accounts due to prolonged inactivity, repeated violations, or at the user’s request.
9.3 Liability and account access
During deactivation, user data remains stored, but the account is inaccessible.
9.4 Liability and account access
Users may reactivate their account by logging in, provided the data retention period has not expired.
10. Account Deletion
10.1 How to say goodbye
User may permanently delete their account through the in-app “Delete Account” function or by submitting a verified request to support.
10.2 Deletion is permanent
Account deletion is irreversible. All personal data, meal logs, preferences, and profile information will be permanently removed.
10.3 What we keep (and why)
SmartMeal may retain anonymized or non-personal data for analytics, service improvement, fraud prevention, and legal compliance.
10.4 Financial record keeping
Certain financial and transaction records may be retained in accordance with accounting regulations, tax laws, or legal obligations.
10.5 Financial record keeping
Deletion requests will be processed within the legally required timeframe (e.g., 30 days under GDPR).
11. Data Retention & Compliance
11.1 Only keeping what we need
SmartMeal retains active user data only for as long as needed to provide services and comply with applicable laws.
11.2 Following the compliance rules
Upon deactivation or deletion, data is retained or erased as required by GDPR, CCPA, PIPEDA, and other relevant data protection laws.
11.3 Secure and permanent removal
SmartMeal uses secure, industry-standard mechanisms for account removal and system-level data anonymization.
12. User Responsibilities
12.1 Keeping your login safe
Users must maintain the confidentiality of their login credentials.
12.2 Playing by the rules
Users agree not to misuse SmartMeal features or attempt to manipulate subscription or billing processes.
12.3 Spotting something wrong?
Users must promptly report unauthorized access or suspicious activity.
13. SmartMeal Rights
13.1 SmartMeal reserves the right to:
Suspected or deactivate accounts for operational, security, or compliance reasons.
Deny reactivation if violations persist or if the account poses security risks.
Modify this policy to comply with updated regulations or system requirements.
14 Payment Processing
14.1 How we handle your payments
SmartMeal use Stripe, a secure third-party payment processor, to handle all payments for subscriptions and eligible services.
14.2 Accepted Payment Methods
Payments may be made using:
Debit and Credit cards.
Bank-supported digital wallets (e.g., Apple Pay, Google Pay, where available)
Payment failure, chargeback, or disputed transactions.
Other payment methods supported by Stripe in the user’s region
14.3 SmartMeal does not store or process full payment card details.
All payment information is handled directly by Stripe in accordance with its security and compliance standards (including PCI-DSS).
15 Subscription Billing
15.1 Subscription Model
Payments may be made using:
SmartMeal operates on a recurring subscription basis (monthly, quarterly, or annually, depending on the plan selected).
Subscriptions are billed in advance at the start of each billing cycle.
Subscriptions fees are clearly displayed before confirmation of purchase.
15.2 Subscription Model
Subscriptions automatically renew unless cancelled before the end of the current billing period.
Users may manage or cancel subscriptions at any time via:
Their SmartMeal account settings, or
Stripe’s Customer Portal (where provided)
15.3 Cancellation and refund terms
Cancellation prevents future charges but does not retroactively refund the current billing period, except where required by law.
16 Refund Policy
16.1 General Refund Rule
Payments made for SmartMeal subscriptions are non-refundable, except where:
Required by applicable consumer protection laws, or
Explicitly stated otherwise at the time of purchase
16.2 EU / UK Users – 14-Day Cooling-Off Period
Users may be eligible for a refund within 14 days of purchase, provided the service has not been fully used.
If digital service delivery has begun with user consent, the right to refund may be
waived.
16.3 Refund Eligibility Exceptions
Refunds may not be granted for
Partial use of a subscription period
Failure to cancel before renewal
Changes reserves the right to assess refund requests on a case-by-case basis, in line with Stripe’s policies and applicable laws.
SmartMeal reserves the right to assess refund requests on a case-by-case basis, in line with Stripe’s policies and applicable laws.
16.4 Refund Eligibility Exceptions
Refunds may not be granted for
Partial use of a subscription period
Failure to cancel before renewal
Changes reserves the right to assess refund requests on a case-by-case basis, in line with Stripe’s policies and applicable laws.
16.5 Requesting a Refund
To request a refund, users must:
Partial use of a subscription period
Provide proof of purchase and account details
Approved refunds will be processed via Stripe to the original payment method.
17. Proration Policy (Plan Changes)
17.1 Subscription Upgrades
If a user upgrades their subscription plan mid-cycle, the price difference may be prorated, and:
Charged immediately, or
Applied to the next billing cycle (depending on Stripe configuration and regional availability)
17.2 Subscription Downgrades
Downgrades typically take effect at the end of the current billing cycle.
No partial refunds are issued for unused time on higher-tier plans unless required
by law.
17.3 Cancellations
Cancelling a subscription stops future renewals.
Users retain access to paid features until the end of the current billing period.
No proration or refunds are applied for unused days, except where legally required.
17.4 Refund Eligibility Exceptions
Refunds may not be granted for
Partial use of a subscription period
Failure to cancel before renewal
Changes reserves the right to assess refund requests on a case-by-case basis, in line with Stripe’s policies and applicable laws.
17.5 Requesting a Refund
To request a refund, users must:
Partial use of a subscription period
Provide proof of purchase and account details
Approved refunds will be processed via Stripe to the original payment method.
18 Subscription Billing
18.2 Failed payment policy
If a payment fails, Stripe may automatically retry the charge.
Subscription access may be suspended or downgraded
Users will be notified to update payment details
19 Taxes & Currency
19.1 Local taxes and your location
Price may include or exclude applicable taxes depending on the user’s location.
19.2 Clear pricing at checkout
Any applicable VAT, GST, or sales tax is calculated and displayed at checkout.
19.3 Handling different currencies
Currency conversion, if applicable, is handled by Stripe and the user’s payment provider.
20 Proration Policy (Plan Changes)
20.1 SmartMeal is not responsible for:
Payment processing errors caused by Stripe or issuing banks
Delays processing errors caused by Stripe or issuing banks
21.2 Subscription Downgrades
Downgrades typically take effect at the end of the current billing cycle.
No due to financial institutions
Currency conversion fees imposed by card providers
21 Policy Updates
SmartMeal reserves the right to update this Payment, Refund & Proration Policy at any time.
Material changes will be communicated through the app or website.
22 Changes to Terms
We may update these Terms from time to time. Continued use of the Service after changes indicates acceptance of the revised Terms.
23 Contact
For questions regarding these Terms, please contact:
SoftLab Digital, parent company of SmartMeal