Terms of Service

1. Definitions

The following capitalized terms have the meanings set out below throughout this Agreement and all related legal documents:

• "Agreement" means these Terms of Service, together with our End User License Agreement, Privacy Policy, and any other policies incorporated by reference.
• "Company," "we," "us," or "our" means Virtus Communications Publishing Group, LLC ("Virtus Development Enterprise (VDE)" is the development-services brand of the Company), a California limited liability company, and its successors and assigns.
• "Platform" means the Steadykept web application, mobile applications, APIs, and any other related services we operate.
• "User," "you," or "your" means the individual accepting this Agreement and using the Platform.
• "Household" means the shared workspace you create or join within the Platform, which may include one or more User accounts.
• "User Data" means all data you upload, enter, or generate through your use of the Platform, including raw inventory records, scan events, household configurations, recipe data, meal plan data, and all derived, inferred, or processed outputs attributable to your Household.
• "AI-Generated Content" means any ingredient list, replenishment suggestion, pantry analysis, meal plan, or other output produced in whole or in part by machine-learning models integrated into the Platform.
• "Early Access Period" means the launch phase during which the Platform is provided at no charge to all users, as determined solely by the Company.
• "Complete Plan" means the paid subscription tier at $7.99 USD per month, activated following the Early Access Period.

2. Acceptance of Terms and Eligibility

BY ACCESSING OR USING THE PLATFORM IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree, you must not access or use the Platform.

Age Requirement. You must be at least 18 years of age to enter into a binding contract and to create a paid subscription account. If you are between 13 and 17 years of age, you may use the Platform only with the verifiable consent of a parent or legal guardian who accepts this Agreement on your behalf and takes full responsibility for your use. The Platform is not directed to children under the age of 13, and use by children under 13 is strictly prohibited. If we learn that a user under 13 has provided personal data without verifiable parental consent, we will promptly delete that data in accordance with the Children's Online Privacy Protection Act (COPPA) and applicable law.

Authority. If you are using the Platform on behalf of an organization or household group, you represent that you have the authority to bind that group to this Agreement.

3. Company Identity

The Platform is owned and operated by Virtus Communications Publishing Group, LLC, a California limited liability company ("VCPG"). Virtus Development Enterprise (VDE) is the internal development-services brand through which VCPG builds and maintains the Platform. All contractual rights and obligations under this Agreement belong to and are enforceable by Virtus Communications Publishing Group, LLC. References to "Steadykept" or the "Company" in these Terms refer to Virtus Communications Publishing Group, LLC.

4. Platform Description and Informational Nature

The Platform is a household management tool designed to help you track everyday household items, generate replenishment reminders, check recipe ingredient availability, and plan meals. All outputs — including inventory status, replenishment lists, savings estimates, AI-generated ingredient lists, and meal plans — are informational only. The Platform does not execute purchases, place orders with retailers, or take any commercial action on your behalf unless you explicitly initiate such action through an integrated transfer mechanism. You retain sole responsibility for all purchasing and household management decisions.

5. Subscription, Billing, and Auto-Renewal

5.1 Early Access Period. During the Early Access Period, all features of the Platform are available at no charge. No credit card is required during this period. The Company will provide at least 30 days' advance written notice (by email to your registered address and via an in-app notification) before the Early Access Period ends and billing begins.

5.2 Complete Plan — Auto-Renewal Disclosure. Following the Early Access Period, access to the Platform requires an active Complete Plan subscription at $7.99 USD per month. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH AT THE THEN-CURRENT PRICE UNTIL YOU CANCEL. By subscribing, you expressly authorize the Company to charge your payment method on a recurring monthly basis without further notice, in compliance with the FTC's Negative Option Rule (16 CFR Part 425) and applicable state automatic renewal laws, including the California Automatic Renewal Law (Bus. & Prof. Code §§ 17600–17606). We will retain records of your affirmative subscription consent for a minimum of three (3) years.

5.3 Pricing Changes. The Company will provide at least 30 days' advance written notice by email before any price increase affecting your active subscription takes effect. Your continued use of the Platform after the effective date of a price change constitutes acceptance of the new price.

5.4 Cancellation. You may cancel your subscription at any time through your account settings. Cancellation is effective at the end of the current billing period. The cancellation mechanism within the Platform is at least as simple to use as the original signup mechanism. You will not be required to speak with a representative or navigate additional barriers to cancel.

5.5 Refunds. All subscription fees are generally non-refundable, except where required by applicable law. If you cancel within 48 hours of an unintended renewal charge and have not used the Platform during that period, please contact us and we will review the request on a case-by-case basis.

5.6 Free Trial. If the Company offers a free trial period distinct from the Early Access Period, the specific trial terms will be disclosed at the time of the offer, including the trial end date, the amount that will be charged, and the method by which you can cancel before being charged. You will receive a reminder at least 3 days before any free trial converts to a paid subscription.

6. User Data and Data Stewardship Commitment

6.1 Ownership. You retain ownership of all User Data you contribute to the Platform. This Agreement does not transfer any ownership interest in your User Data to the Company.

6.2 License to the Company. You grant the Company a limited, worldwide, royalty-free license to store, process, and use your User Data solely for the purposes of operating, maintaining, improving, and securing the Platform and providing the Service to you.

6.3 Data Stewardship Commitment — No Sale of User Data. The Company will not sell, license, rent, or exchange your User Data (whether raw, processed, derived, or inferred) to any third party for monetary or other consideration. This prohibition applies regardless of whether the data is labeled "anonymized," "aggregated," or otherwise transformed, unless the transformation meets a genuine de-identification standard under applicable law and is truly non-re-identifiable. Only anonymized, aggregated community-level data that cannot reasonably be traced back to any individual User or Household — subject to a minimum cohort threshold of at least one hundred (100) independent Households — may be used internally for collective analytics. The sole exception is a business transfer described in Section 6.4 of our Privacy Policy (for example, a merger, acquisition, or sale of substantially all of the Company's assets): in that event your User Data may transfer to the successor entity, which will remain bound by a commitment at least as protective as this one, and we will give you advance notice and an opportunity to export and delete your data before the transfer takes effect. This is a binding contractual commitment; it does not make the Company a legal or common-law fiduciary or create duties beyond those expressly stated in this Agreement. It is a fundamental term of this Agreement and cannot be weakened by any future terms update without your explicit, separate, affirmative consent.

6.4 Household Data and Departing Members. Where multiple Users share a Household, each User's contributions to the Household's data are collectively associated with the Household workspace. If a member leaves or is removed from a Household: (a) the departing member's personal account data (profile, credentials) is not transferred to remaining members; (b) inventory and household history contributed by the departing member remains within the Household workspace; (c) the departing member may export their personal contribution data via the account settings data-export feature before departing. The Household creator/owner may export all Household data at any time.

7. AI-Generated Content — Limitations and Disclaimers

The Platform uses machine-learning models to generate ingredient lists from recipe names or text, check pantry availability, suggest replenishment timing, and produce meal plans. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• AI-Generated Content is produced by automated systems and may contain errors, omissions, or inaccuracies, including incorrect ingredient identification, missed allergens, incorrect quantities, and incorrect product matches.
• AI-Generated Content is NOT a substitute for reading product labels, consulting ingredient databases, or seeking professional dietary, medical, or nutritional advice.
• The Platform makes NO representation that AI-Generated Content is free from allergen cross-contamination risks or that it accounts for all dietary restrictions, food sensitivities, intolerances, or medical conditions.
• You are solely responsible for verifying that any AI-Generated ingredient list, meal plan, or product suggestion is suitable for all members of your Household, including individuals with known food allergies, intolerances, or medical dietary restrictions.
• The Company is not liable for any illness, injury, allergic reaction, or adverse health outcome arising from reliance on AI-Generated Content.

8. Assumption of Risk

YOU EXPRESSLY ASSUME ALL RISKS INHERENT IN USE OF THE PLATFORM, including but not limited to: inventory data inaccuracy, replenishment list errors, AI-generated content errors, savings estimate inaccuracy, retailer price changes, product availability, and any financial or purchasing decisions made based on Platform data or output. The Platform provides informational tools only and makes no guarantees regarding the accuracy, timeliness, completeness, or fitness for purpose of any data, output, or recommendation.

9. Acceptable Use

You agree to use the Platform solely for lawful, personal, and residential household management purposes. You agree NOT to: (a) use the Platform for any commercial operation, resale, or service bureau purpose without the Company's prior written consent; (b) access, scrape, or extract data from the Platform by automated means other than through our published APIs; (c) attempt to gain unauthorized access to any part of the Platform or any other system or network; (d) transmit any malicious code, worms, or other harmful software; (e) impersonate any person or entity or misrepresent your affiliation with any person or entity; (f) violate any applicable local, state, national, or international law.

10. No Medical, Pharmaceutical, Nutritional, or Financial Advice

The Platform provides NO medical, pharmaceutical, nutritional, dietary, or health advice. Any information related to health products, medications, supplements, allergens, or dietary items is purely for inventory-tracking reference and must not be construed as medical or nutritional guidance. Always consult a qualified licensed healthcare professional before making any medical or dietary decision. The Platform provides NO financial or investment advice. All savings estimates, price comparisons, and replenishment cost projections are informational estimates only and do not constitute financial counsel. You are solely responsible for all purchasing decisions and their financial consequences.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: (a) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE, OR COMPLETE; (c) DEFECTS WILL BE CORRECTED; (d) THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Virtus Communications Publishing Group, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR DEVELOPMENT-SERVICES BRAND (Virtus Development Enterprise (VDE)) BE LIABLE FOR ANY: (a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (b) LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (c) DAMAGES ARISING FROM ERRORS IN AI-GENERATED CONTENT, INCLUDING ALLERGEN OMISSIONS; (d) DAMAGES ARISING FROM ANY PURCHASING DECISION MADE IN RELIANCE ON PLATFORM DATA; OR (e) DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA. THE COMPANY'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (i) THE TOTAL AMOUNTS YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (ii) FIFTY DOLLARS ($50.00 USD). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS THE COMPANY'S LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (2) FRAUD OR FRAUDULENT MISREPRESENTATION; (3) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (4) ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING UNDER CALIFORNIA CIVIL CODE § 1668. THE DAMAGE EXCLUSIONS AND THE MONETARY CAP ABOVE DO NOT APPLY TO THOSE CATEGORIES AND OTHERWISE APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless Virtus Communications Publishing Group, LLC, its officers, directors, employees, agents, and Virtus Development Enterprise (VDE) from and against any third-party claims, damages, losses, liabilities, and reasonable attorneys' fees arising directly from: (a) your intentional misconduct, fraud, gross negligence, or willful violation of this Agreement; (b) your violation of any applicable law; or (c) your infringement of any third party's intellectual property rights. This indemnification obligation does NOT extend to claims arising from the Company's own negligence, errors in Platform data, or AI-generated content inaccuracies.

14. Data Breach Notification

In the event that the Company becomes aware of a security breach that has resulted or is reasonably likely to result in the unauthorized access, disclosure, or acquisition of your personal data, the Company will: (a) notify affected users without undue delay after becoming aware of the breach, consistent with applicable law, via email to the registered address and/or in-app notification; (b) provide information regarding the nature and scope of the breach, the data affected, and steps being taken to address it; and (c) comply with all applicable breach notification laws, including any regulator-notification deadlines that apply (such as the 72-hour authority-notification requirement under GDPR Article 33 where applicable), the CCPA, and applicable U.S. state data breach notification statutes.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement to the extent such failure or delay results from causes beyond that party's reasonable control, including natural disasters, acts of government, war, terrorism, pandemic, labor disputes, internet or infrastructure outages, or acts of third parties. The affected party shall give prompt notice of any such event and shall use reasonable efforts to mitigate its effects.

16. Dispute Resolution — Binding Arbitration

16.1 Agreement to Arbitrate. Except as provided in Section 16.3, any dispute, claim, or controversy arising out of or relating to this Agreement or the Platform shall be resolved exclusively by binding individual arbitration administered by JAMS under its Consumer Arbitration Rules (available at jamsadr.com) rather than in court.

16.2 Arbitration Procedure. The arbitration shall be conducted by a single arbitrator. The location shall be Redlands, California, or at your election, by video/phone hearing. The arbitrator may award any relief available in an individual action at law or in equity. For claims where the total amount sought is less than $10,000 USD, the Company shall pay all JAMS arbitration filing fees and administrative costs; for claims $10,000 or more, fee allocation follows the JAMS Consumer rules. The arbitrator's decision shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction.

16.3 Exceptions — Small Claims and Injunctive Relief. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

16.4 Class Action and Mass Arbitration Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. If the class, consolidated, mass, or representative waiver in this Section 16.4 is found unenforceable as to a particular claim, that specific claim shall be severed and brought in a court of competent jurisdiction in California, while all other claims shall remain subject to individual arbitration; the remainder of this Section 16 shall continue in full force and effect.

16.5 Opt-Out Right. You may opt out of this arbitration agreement within 30 days of the date you first accept this Agreement by submitting written notice through the contact mechanism in your account settings, or by mail to the address in Section 23. Your notice must include your name and the email address associated with your account. Opting out will not affect any other provision of this Agreement. If you opt out, all disputes shall be resolved in the state or federal courts located in California.

16.6 Severability. If any part of this Section 16 is found unenforceable, that part shall be severed and the remaining parts shall continue in full force and effect, as described in Section 16.4.

17. Governing Law and Mandatory Rights

This Agreement shall be governed by and construed under the laws of the State of California, United States, without regard to its conflict-of-law principles. Subject to the arbitration provisions in Section 16, the exclusive venue for any dispute not subject to arbitration shall be the state or federal courts located in California. The following mandatory rights are preserved regardless of this choice-of-law clause: (a) California users retain all rights under the California Consumer Privacy Act (CCPA) and the California Automatic Renewal Law; (b) EU-resident users retain all rights under the General Data Protection Regulation (GDPR) and applicable EU member-state law; (c) UK-resident users retain all rights under the UK GDPR; (d) where applicable mandatory local law provides greater consumer protections, those protections shall apply to the extent required by law.

18. Termination

18.1 By You. You may terminate your account at any time by using the account deletion feature in your account settings. Your data will be deleted within 30 days of account deletion, except where retention is required by law or legitimate audit purposes, as described in our Privacy Policy.

18.2 By the Company. The Company may suspend or terminate your access to the Platform immediately upon notice if you: (a) materially breach this Agreement and fail to cure such breach within 7 days of written notice; (b) engage in fraudulent or illegal activity; (c) pose a security risk to the Platform or other users. Upon termination, all licenses granted to you under this Agreement terminate immediately. The Company's obligations under the Data Stewardship Commitment (Section 6.3) survive termination.

18.3 Data Upon Termination. Prior to requesting account termination, you may export your User Data in a portable format through account settings. Following termination, you will have a 30-day window during which you may request a final export, after which your data will be permanently deleted in accordance with our data retention schedule (see the Privacy Policy).

19. Modifications to This Agreement

The Company reserves the right to modify this Agreement at any time. For material changes — defined as changes that affect your rights, limit the Data Stewardship Commitment, introduce new fees, or alter dispute resolution terms — the Company will provide at least 30 days' advance written notice by email to your registered address, alongside a prominent in-app notification. For non-material changes (typographical corrections, clarifications that do not alter your rights), we may update this Agreement without advance notice. Continued use of the Platform after the effective date of any change constitutes your acceptance of the modified Agreement. If you do not agree to a material change, your sole remedy is to cancel your subscription and stop using the Platform before the effective date.

20. Children's Privacy

The Platform is not directed at children under the age of 13, and we do not knowingly collect personal data from children under 13. Use of the Platform by children under 13 is strictly prohibited. In compliance with the Children's Online Privacy Protection Act (COPPA), as amended, if we learn that we have inadvertently collected personal information from a child under 13 without verifiable parental consent, we will take immediate steps to delete such information. Separately, and as a matter of our own policy rather than a COPPA requirement (COPPA applies only to children under 13), users between the ages of 13 and 17 may use the Platform only with the consent and supervision of a parent or legal guardian who accepts this Agreement on the minor's behalf and takes responsibility for the minor's use. If you believe a child has provided personal information to us, please contact us immediately through the Platform's account settings.

21. Severability

If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

22. Entire Agreement

This Agreement, together with the End User License Agreement, Privacy Policy, Risk Disclosure, and any other policies incorporated by reference, constitutes the entire agreement between you and Virtus Communications Publishing Group, LLC regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties. In the event of a conflict among these documents, the following order of precedence governs, from highest to lowest: (1) these Terms of Service; (2) the End User License Agreement; (3) the Privacy Policy; and (4) the Risk Disclosure — except that, on matters of personal-data handling and privacy rights, the Privacy Policy controls. A more specific provision controls over a general one addressing the same subject. No waiver by the Company of any breach of this Agreement shall be a continuing waiver of that or any other breach.

23. Contact

For questions, notices, or requests relating to this Agreement — including arbitration opt-out (Section 16.5), data-rights requests (CCPA/GDPR), or account termination — please use our contact form (or, once you have an account, the contact mechanism in your account settings), which is monitored and is the fastest way to reach us. Written notices may also be sent by mail to: Virtus Communications Publishing Group, LLC, Attn: Legal Department, Redlands, CA 92374.