Terms and Conditions

Last updated: October 07, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named Oh No! Lunchbox.
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google LLC (Google Play Store) from which the Application is downloaded.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access Our Service or parts of Our Service.
• Country refers to: France
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to BENGUERAH INNOVATIONS, 159 rue de Charonne, 75011 Paris, France.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
• Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
• In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.
• Service refers to the Application and the Website. The Website is provided for informational purposes only; accounts, purchases, and Subscriptions are offered via the Application.
• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
• Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website means the Company’s website located at https://ohnolunchbox.com and its subdomains.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Service is intended for use by adults (parents/guardians). By using the Service, You represent that You are at least 18 years old and are using the Service to manage family meals. The Service is not directed to children, and children do not create accounts. Parents/guardians may create and manage child profiles.

Please read Our Privacy Policy at https://ohnolunchbox.com/privacy before using Our Service.

Electronic Communications

By using the Service, You consent to receive notices and communications from Us electronically (e.g., email, in-app notices). These satisfy any legal requirement that communications be in writing.

This consent covers transactional/service communications; marketing emails are sent only according to Your preferences and as described in Our Privacy Policy.

App Store Terms / EULA

If You obtained the Application from Apple’s App Store or Google Play, Your use of the Application is also governed by the applicable store terms (including Apple’s Licensed Application End User License Agreement and Google Play terms). Apple and Google are third-party beneficiaries of these Terms with the right to enforce them against You as it relates to the Application. The Company, not Apple or Google, is responsible for the Application and its content, maintenance and support (to the extent required by law).

Service changes / Beta

Features may change over time. From time to time, the Company may offer beta or experimental features that may be unstable or change without notice. We may modify, suspend, or discontinue parts of the Service, provided such changes do not unlawfully deprive You of paid entitlements during a current billing period.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

If You subscribed via an Application Store, cancellation and refunds are handled exclusively by that store. Please follow the store’s instructions to view, change, or cancel a subscription. When You cancel, access continues until the end of the current billing period; fees already paid are non-refundable except where the store’s policy requires otherwise.

If You subscribed directly with the Company (outside an Application Store), You may cancel renewal through Your account settings or by contacting Us. Fees already paid are non-refundable except where required by law; access continues until the end of the current billing period.

Nothing in this section limits any mandatory statutory rights You may have under applicable consumer law.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually by the stated deadline, with the payment corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app Purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

In-app Purchases

The Application may include In-app Purchases that allow You to buy products, services or Subscriptions.

More information about how You may be able to manage In-app Purchases using Your Device may be set out in the Application Store’s own terms and conditions or in Your Device’s help settings.

In-app Purchases can only be consumed within the Application. If You make an In-app Purchase, that In-app Purchase cannot be canceled after You have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, We will, after becoming aware of the fault or being notified of the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that We are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from which You downloaded the Application and are governed by that Application Store’s own terms and conditions.

Taxes and exchange rates may apply. Consumables and entitlements are managed by the Application Store, and restoration is subject to the store’s policies.

If You have any payment-related issues with In-app Purchases, then You need to contact the Application Store directly.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

Certain features may be available with limited functionality without a full account; in all cases You are responsible for any activity under Your account or Device session.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting or uploading Content to the Service, You retain ownership of Your Content. You grant the Company a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, and process Your Content solely to operate, provide, protect, and improve the Service and as otherwise permitted by these Terms (for example, to create analytics about Your own usage, or to enable You to share to third-party apps when You choose). The Service does not publicly display Your Content to other users by default.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.
• Non-food images or faces. Upload food/lunchbox images only; do not upload images of people (including children) or other personal images.
• Sensitive personal data. Do not include government IDs, financial, health records, or other sensitive personal data in Content.
• Unlawful or unsafe use. The Service provides organizational tools only; it does not provide medical or allergy advice.

The Company may remove or restrict Content and/or suspend accounts to protect users or the Service, including for repeated or egregious violations.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

Acceptable Use

You will not: (a) access the Service by automated means (scraping, bots) except through documented APIs (if any); (b) probe or scan the Service, interfere with security or access controls, or bypass rate limits; © reverse engineer or decompile the Application except to the extent permitted by law; (d) use the Service to develop a competing dataset or service; (e) upload malware or harmful code.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email at legal@ohnolunchbox.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512©(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact Our copyright agent via email at legal@ohnolunchbox.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

“Oh No! Lunchbox” is a trademark of its owner. Third-party names, logos and brands are the property of their respective owners.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Third-Party Services

The Service may interface with third-party services (e.g., analytics, crash diagnostics, subscription management, AI recognition, app stores). Those services are governed by their own terms and privacy policies. The Company is not responsible for third-party services; Your use of them is at Your discretion.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Indemnification

To the extent permitted by law, You will indemnify and hold the Company harmless from third-party claims, damages, and costs (including reasonable legal fees) arising out of Your unlawful Content, Your breach of these Terms, or Your misuse of the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the total aggregate liability of the Company and its suppliers under these Terms shall be limited to the greater of (a) the amounts You actually paid for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) USD 100 if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. In those jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.

Nothing in these Terms limits liability that cannot be limited by applicable law (e.g., for death or personal injury caused by negligence, or for willful misconduct), and nothing limits Your mandatory consumer rights.

AI & non-medical disclaimer

The Service may use AI to suggest or recognize foods in images. AI outputs can be wrong, and must be reviewed and corrected by You before You rely on them. The Service does not provide medical, nutritional, or allergy advice. You are responsible for meal choices and for checking ingredients and allergens.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law & Venue

These Terms are governed by the laws of France (excluding conflict-of-laws rules). Courts located in Paris, France shall have exclusive jurisdiction, except that if You are a consumer resident in the EU/UK, You may bring claims in Your country of residence where required by mandatory law.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure

We will not be liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, internet or utility failures, labor disputes, or government actions.

Entire Agreement; Additional Terms

These Terms and the Privacy Policy are the entire agreement between You and the Company regarding the Service and supersede prior or contemporaneous agreements on the subject. If We present feature-specific or contextual notices/terms in the app (e.g., AI disclaimer, beta notices), those “Additional Terms” become part of this agreement when You accept or use that feature. If there is a conflict between these Terms and any Additional Terms, the Additional Terms govern for that feature. Nothing in this section affects the App Store terms (Apple or Google), which govern purchases, billing, and refunds to the extent they apply; where there is a conflict on those topics, the applicable App Store terms control.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Survival

Sections relating to Intellectual Property, User Content license, Acceptable Use, AI & non-medical disclaimer, Indemnification, Limitation of Liability, Governing Law & Venue, and Survival will survive termination.

Contact Us

If You have any questions about these Terms and Conditions, You can contact Us:

• By email: legal@ohnolunchbox.com
• By visiting this page on Our Website: https://ohnolunchbox.com/terms
• By mail: 159 rue de Charonne, 75011 Paris, France

Notices may be delivered by email to legal@ohnolunchbox.com and are deemed given when sent, except for notices required by law to be given by post.