mogutto Terms of Use

These Terms of Use (the “Terms”) set out the conditions for using mogutto (the “Service”), provided by Delail LLC (“we”, “us” or “our”).

A contract incorporating these Terms is formed when you agree to them using the method provided in the Service.

1. Scope

1. These Terms apply to the relationship between you and us concerning the Service.
2. Notices, individual conditions and guidelines displayed in the Service form part of these Terms.
3. Our Privacy Notice applies to our handling of information about you.

2. The Service

1. The Service uses AI to provide meal plans, recipes, shopping lists, recipe chat responses and other food-related information for personal use.
2. You may use the Service only for private use by you and your household. You must not use it for business, commercial, medical, dietary-advice or other professional purposes without our prior permission.
3. If you use the Service outside Japan, you must comply with the laws that apply where you use it. Mandatory consumer rights available under those laws are not excluded or limited by these Terms.

3. Age requirement

You must be 18 or over to use the Service.

4. Registration and accounts

1. You sign in using a method we make available.
2. You must provide accurate information and are responsible for your account. You must not transfer, lend or share it, and must contact us promptly if you become aware of unauthorised use or another security problem.

5. Paid plans

1. Prices, free trials, features and other conditions are shown on the App Store purchase screen and in the app, and the price shown by the App Store when you purchase or renew is the price that applies.
2. Unless cancelled before a trial or subscription period ends, a paid plan renews automatically under the App Store terms. Cancellations and refunds are handled under Apple’s applicable procedures and terms.
3. Deleting the app or your mogutto account does not automatically cancel an App Store subscription.

6. Fair-use limits for paid plans

We do not set a fixed AI-generation limit for ordinary personal use. We may restrict use where it materially exceeds ordinary personal use and interferes with operation of the Service.

7. Changes to prices and plan conditions

1. We may change prices or plan conditions for reasonable reasons such as service changes, operating costs, supplier charges or market conditions.
2. We will give advance notice as required by law and App Store procedures, including when a change starts and whether it affects existing subscribers.
3. Price changes normally apply from a subscription period beginning or renewing after the effective date and do not apply retrospectively to a paid period.

8. Important information about AI output

1. Information generated or displayed by the Service is produced automatically by AI and may contain errors, omissions, inconsistencies or unsuitable content.
2. We do not guarantee that AI output is accurate, complete, current, safe or useful. You must review it and remain responsible for decisions and actions based on it.

9. Medical, nutritional and allergy information

1. The Service is not medical care, nutritional advice, allergy management, diagnosis, treatment or prevention, and entering allergy information does not guarantee that it will be reflected completely or accurately in AI output.
2. If allergies or other circumstances require particular care with food, check ingredient lists, allergen information and authoritative sources, and consult an appropriate healthcare professional where necessary.
3. For illness, an allergic reaction or another emergency, do not use the Service to decide what to do. Contact the appropriate emergency or medical service immediately.

10. Your input and external AI providers

1. Rights in information you enter normally remain with you or the lawful rights holder.
2. You permit us to use, store, process and transmit that information only as reasonably necessary to provide and operate the Service, investigate faults, provide support and improve quality.
3. The Privacy Notice and consent screen explain how we handle input and transmit it to external AI providers.

11. Intellectual property

1. Intellectual property in the Service belongs to us or the relevant rights holder, and you receive only the right to use the Service in accordance with these Terms.
2. We do not guarantee that AI output is free of third-party rights or that exclusive rights arise in it.

12. Prohibited conduct

You must not:

1. break the law or public policy;
2. provide false information, impersonate another person or infringe another person’s rights;
3. gain unauthorised access, scrape the Service, automate excessive requests or impose an unreasonable load;
4. circumvent usage, payment or security controls;
5. reverse engineer or analyse the Service except where applicable law permits it;
6. resell or redistribute the Service or AI output; or
7. interfere with operation of the Service or cause harm to us or another person.

13. Restrictions and suspension

1. We may restrict use, suspend an account or end registration for breach, misuse, harm to another person or material interference with the Service.
2. We may act without advance notice where necessary for urgency, security, legal compliance or harm prevention.

14. Changes, interruptions and closure

1. We may change, interrupt or close all or part of the Service for reasonable reasons.
2. Unless urgent action is needed, we will give reasonable notice of material changes or closure and will follow applicable law and App Store procedures where paid plans are affected.

15. Account deletion

1. You can delete your account using the method provided in the app. After deletion, saved information may no longer be available or recoverable.
2. The Privacy Notice explains how data is handled after deletion.

16. Disclaimers and liability

1. We do not guarantee uninterrupted availability, error-free operation, preservation of all data or compatibility with every device and environment.
2. Where loss is caused by us, our responsibility is determined under applicable law.
3. Where permitted by law, our liability for ordinary negligence is limited to reasonably foreseeable, direct loss.
4. Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for fraud, deliberate misconduct, gross negligence, death or personal injury caused by negligence, or mandatory consumer rights.

17. Your responsibility

If your culpable breach of these Terms causes us or another person loss, you are responsible for loss that is reasonably connected with that breach, subject to applicable law.

18. Transfer of rights

1. You may not transfer your position, rights or obligations under these Terms without our prior written permission.
2. If the business is transferred through a sale, merger, reorganisation or similar transaction, we may transfer the related contractual position and information in accordance with applicable law and the Privacy Notice.

19. Severability

If a provision is invalid or unenforceable, the remaining provisions and the remainder of that provision continue to apply.

20. Notices and changes to these Terms

1. We may notify you through the app, our website, email or another appropriate method.
2. We may amend these Terms where the change benefits users generally or is reasonable and consistent with the purpose of the contract, after giving advance notice of the content and effective date.
3. Where individual consent is required by law, we will request it separately.

21. Governing law and courts

1. These Terms and the Service are governed by Japanese law.
2. Subject to mandatory law, the Nagoya District Court or Nagoya Summary Court has exclusive jurisdiction at first instance, according to the amount and nature of the claim.
3. If you are a consumer, this section does not deprive you of mandatory protections or a right to bring proceedings in another court that cannot lawfully be excluded under the law of your country of residence.