Terms of Service

• Initial publication (Version 1.0): This is the official launch version of the legal documents for the Sesame application.
• Original compliance framework: This document establishes our data protection framework from day one (specifically in compliance with Law 25 and GDPR).
• No retroactive changes: Since this is the initial publication, no changes have been made to your rights or to the way we protect your privacy.

1. ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using the "Sesame" mobile application (the "Application") or any related service (the "Services"), you (the "User" or "You") agree to be bound by these General Terms of Use (the "Terms"). You represent and warrant that you have all necessary rights, power, and authority to enter into this contract and to perform your obligations hereunder.

These Terms constitute a legal and binding contract between You and MidBox. If you have not reached the digital age of majority required in your jurisdiction or if you do not accept these Terms in their entirety, you must not use the Application and must uninstall it immediately.

User License: The Application is licensed (not sold) to you. MidBox grants you a limited, revocable, non-exclusive, and non-transferable license to use the Application on your personal devices, in accordance with these Terms. MidBox retains all ownership rights to the Application and its source code.

1.1 DEFINITIONS: THE SESAME HOUSEHOLD

For the purposes of these Terms:

• Household (or "Sesame Household"): Exclusively designates the virtual group of user accounts and the collaborative digital space created, configured, and managed within the Sesame Application by the primary account owner (holder of a Family subscription). The term "Household" strictly refers to this virtual software entity and must in no way be interpreted as referring to a physical home, a material residence, a geographical community, or a real living space of the Users. Although eligibility to share a Family account is contractually subject to the civil cohabitation of members at the same physical address, the "Sesame Household" remains a virtual and hermetically sealed in-app IT space.

2. ELIGIBILITY AND USER ACCOUNT

2.1 Age Requirement and Eligibility:

General access to the Application and the creation of a user account are reserved for individuals aged 14 or older.

• Under 14 (Restricted Access and Parental Consent): Autonomous access to the Application and the creation of an independent user account are strictly prohibited for minors under 14. By way of exception, a minor under 14 may use the Application under the profile of a Household member configured by an adult, in accordance with the following terms:
  • General Features: The minor may consult the family recipe catalog and collaborate on the Household grocery list under the exclusive supervision and responsibility of the parental authority holder.
  • Nutrition Module and Health Tracking: Access to personalized nutrition tracking, macronutrient calculation, biometric data entry (weight, height), and artificial intelligence analysis is strictly blocked by default. To activate these specific features, the parental authority holder must grant explicit consent via the in-app override mechanism (voluntary activation of the "Health Access" lock in the Household settings), thereby assuming full legal liability for the processing of the minor's health data.
• Adolescents from 14 to 17 years old (Youth Mode): If the User is a minor aged 14 to 17 inclusive, the Application automatically switches to "Youth Mode". This mode is restricted by default to prevent eating disorders (ED) and limit focus on calorie intake in teenagers. Only dietary protein tracking remains active and visible in the Application interface. Calorie, carbohydrate, fat, and fiber targets are forced to zero and permanently hidden. Data is stored strictly locally and securely on the User's device.
• Adults (18 years and older): Full access to complete calorie tracking, macronutrient calculation, and custom weight goals features is strictly reserved for users aged 18 or older.

2.2 Protection of Minors and Mental Health:

• Age Restriction and Honor System: The use of calorie deficit or body restriction tools is strictly prohibited for minors under 18. By activating the features reserved for adults, you certify on your honor that you have reached the legal age of majority in your jurisdiction (18 years or older).
• Absence of Active Monitoring: MidBox Technologies Inc. does not conduct systematic real-time identity verification and does not monitor individual eating behaviors (there is no automated detection or prevention of eating disorders such as anorexia or bulimia). The use of the Application by a minor under 18 is carried out under the exclusive supervision and contractual responsibility of their parents or legal guardians.
• Parental Rights: The parent or legal guardian of a minor can request the immediate deletion of the child's account or profile by sending their request to: privacy@midboxtech.com. Upon proof of their status as legal representative, MidBox will proceed with the permanent closure of the account and the complete and secure purge of all associated data.
• Help Resources: If you or a member of your Household show signs associated with an eating disorder, you must immediately stop all use of the Application and consult a healthcare professional or contact a specialized helpline (e.g., Anorexie-Boulimie Québec: 1-800-630-0907).

2.3 Account Security and Responsibility:

You are solely and uniquely responsible for maintaining the logical and physical security of your account and your technical environment. As such:

• Credentials and Confidentiality: You must maintain the confidentiality of your passwords and credentials. Any activity initiated under your account or through your access is deemed to be your doing. You must notify MidBox without delay at info@midboxtech.com of any intrusion, suspected fraudulent use, or security breach observed.
• Access by Third Parties and Household Members: You are fully responsible for any use of the Application made by third parties via your device, your connection, or under your Household account. It is your responsibility to ensure that each person accessing the service via your devices is informed of these Terms and agrees to comply with them.
• "Health Access" Activation Lock: As the Household owner, you hold the exclusive and unilateral responsibility to activate or block the use of the nutrition and health tracking module under the profile of each member of your Household using the access lock provided for this purpose in the interface ("Health Access" option). The voluntary activation of this lock for a minor under 14 constitutes express parental consent for the processing of their wellness information, under your exclusive supervision and legal custody.

2.4 Account Sharing and Household Structure:

• Solo Account (Individual): Intended exclusively for strictly personal and individual use. Sharing your credentials or access with a third party is strictly prohibited.
• Family Subscription / Household Structure: The Household is reserved for natural persons residing at the same civil address, up to a strict limit of six (6) users per group. MidBox reserves the right to perform eligibility checks (proof of address) and to suspend as of right any accounts violating this geographic rule.
• Private Silos and Absolute Segregation of Health Data: In order to preserve privacy and the protection of personal information within multi-member households, MidBox guarantees the absolute segregation of nutritional and biometric databases. Meal logs and physical measurements of a Household member are strictly confidential and private: they are never shared, visible, exportable, or accessible by other Household members, including the primary Household owner. To learn more about security measures and the methods for processing this private data, please consult our Privacy Policy.
• Dismantling or Transfer of Household Ownership: If you are the primary owner of a Household containing other active profiles and you request the permanent deletion of your account, you must select one of the following options prior to validation:
  1. Household Dissolution: This action dissolves the group. In order to preserve the integrity of their histories and personal data, the profiles of other active members are automatically migrated to separate and autonomous individual accounts.
  2. Transfer of Ownership: You designate another eligible adult member of the Household who will become the new primary owner and manager of the Household.

2.5 Accuracy of Information:

You agree to provide true, accurate, and complete information (specifically regarding your age, weight, and height) when configuring your profile, as this data directly influences the AI's nutritional calculations.

3. HEALTH AND NUTRITION DISCLAIMER

THE SESAME APPLICATION IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE LICENSED CLINICAL ADVICE.

3.1 Informational Nature and Absence of Diagnosis:

The Application provides nutritional estimates (calories, macronutrients, etc.) and meal suggestions generated by automated algorithms and artificial intelligence. This information is distributed for purely informational, educational, entertainment, and general wellness purposes to help you organize a private recipe book. Under no circumstances do they constitute medical or clinical advice, and they must not be used to diagnose, treat, cure, or prevent medical conditions or diseases (such as diabetes, clinical obesity, hypertension, or heart disease).

MidBox does not individually verify, investigate, validate, or review ingredient data and nutritional data generated by AI models or obtained from third-party or collaborative food databases.

3.2 Absence of Management of Severe Allergies and Medical Dietary Restrictions:

MidBox does not support, manage, or securely filter severe food allergies (such as anaphylactic shocks to peanuts or seafood), severe intolerances (celiac disease, etc.), or medically prescribed dietary restrictions. It is your sole and complete responsibility to validate the safety, ingredient accuracy, and physical composition of food before any ingestion.

3.3 Absence of Warranty of Accuracy and Non-Reliance Clause:

Due to the lack of individual verification mentioned in Section 3.1, MidBox does not validate or individually review ingredient data and nutritional data generated by AI models or obtained from third-party or collaborative food databases. These databases and algorithms carry inherent and recognized margins of error. The Application may underestimate critical nutritional values or fail to flag hidden allergens in an imported recipe. Consequently, the User expressly acknowledges that the Application's data is indicative, not guaranteed to be error-free, and agrees not to rely on it exclusively to govern their diet.

3.4 Mandatory Prior Medical Consultation:

The use of the Application does not create any doctor-patient or clinician-client relationship between You and MidBox. The Application in no way replaces evaluation or treatment by a physician or a registered dietitian-nutritionist. The User agrees to:

• Never disregard professional medical advice or delay seeking medical consultation because of information read on the Application.
• Consult their primary care physician or a qualified healthcare specialist before starting any change in their diet, exercise program, or modifying the dosage or intake of medical treatments (such as insulin or antihypertensives).
• Use the Application exclusively under strict medical supervision if they have an active pathological condition, diagnosed or suspected eating disorders, or if they are pregnant or breastfeeding.

4. ARTIFICIAL INTELLIGENCE (AI) AND HALLUCINATIONS

The Application uses generative artificial intelligence models provided by third parties for certain features, including recipe importation, image generation, and automated culinary suggestions.

4.1 Risk of Hallucinations:

You understand and agree that AI is a probabilistic technology that may generate "hallucinations," meaning content that appears plausible and factual but is incorrect, inconsistent, or invented.

• The AI may invent ingredients that do not exist.
• The AI may suggest dangerous food combinations, inappropriate ingredient substitutions, or unsafe cooking methods (e.g., insufficient cooking time for chicken).
• The extraction AI may make reading or formatting errors when importing a recipe from a URL or an image (e.g., confusing units of measurement, modifying quantities, or omitting a crucial preparation step). You must always validate the imported recipe against the original source.

4.2 Responsibility for Verification:

You assume full responsibility for verifying any instruction, recipe, substitution, or advice generated by the AI before executing or consuming it. MidBox is not liable for failed culinary results or damages resulting from reliance on raw AI outputs. As artificial intelligence has no knowledge of your medical history or actual allergies, it is your exclusive responsibility to ensure that any ingredient or substitution suggested by our interactive features is safe for you and your guests.

4.3 Image Generation:

Images of dishes generated by AI (identified by the ✨ icon or the mention "AI Image") are artistic representations. They do not guarantee that the cooked dish will look like this.

4.4 Safety Mechanisms:

We implement filters (via our AI providers) aimed at limiting the generation of dangerous or inappropriate content. However, these filters are not infallible. The absence of a specific warning on a recipe does not guarantee its safety. You remain the sole judge of a preparation's safety.

4.5 Intellectual Property of AI-Generated Content:

• Assignment of Rights: Subject to the conditions imposed by our third-party technology providers, MidBox assigns to you all of its rights, title, and interest in the images and text generated by the AI at your request. You are free to use them for personal or commercial purposes.
• No Warranty of Ownership: You acknowledge that the current legislative framework (in Canada and elsewhere) regarding copyright for AI-generated works is uncertain. MidBox does not guarantee that you will be able to claim exclusive copyright or legally protect these images against copying by third parties.
• License Granted to MidBox: By generating content via the Application, you grant MidBox a worldwide, non-exclusive, royalty-free license to use, reproduce, and display these generated images (anonymously and without personal data) for promotional, marketing, or service improvement purposes.
• Responsibility: You are solely responsible for the use you make of the generated content. You agree not to use the AI to generate content that violates the intellectual property, trademark, or publicity rights of a third party.

4.6 Voice Readback in Cooking Mode (One-Way Text-to-Speech):

The Application integrates a culinary helper feature called "Voice Readback in Cooking Mode".

• One-Way Technical Nature: This feature relies exclusively on one-way speech synthesis (Text-to-Speech or TTS) which reads aloud the textual instructions of the recipes displayed on the screen. There is no voice command recognition, no active microphone listening, and no interactive or two-way conversational assistant in the Application. Interactions and control of playback (play, pause, next/previous step) are carried out solely via physical or virtual presses on the touch controls of your device, headphones, or connected peripherals (via the operating system's standard MediaSession API).
• Audio Disclaimer: Automated audio readback is provided as a simple convenience. This automated technology may occasionally omit phrase segments, mispronounce culinary terms, distort numbers, or misinterpret measurement unit symbols (for example, confusing "cl" and "dl", or "g" and "kg"). The User agrees not to rely exclusively on the audio instructions and to exercise visual vigilance. The written text displayed on the device's screen remains the sole contractually and technically authoritative reference source in the event of any discrepancy, ambiguity, or doubt during cooking preparation. MidBox disclaims all liability for any failed, burned dishes, or any bodily injury (burns, cuts) resulting from a misinterpretation of the TTS assistant's vocal instructions.

5. SUBSCRIPTIONS AND PAYMENTS

5.1 Relationship with Third-Party App Stores:

The purchase of the Application or a subscription constitutes a direct contract between you and the third-party app store from which you download the Application (such as Apple's App Store or Google's Play Store). Consequently:

• Acceptance of Third-Party EULAs: You acknowledge that your use of the Application is also governed by Apple's standard Licensed Application End User License Agreement (EULA) and/or Google Play's Terms of Service. In the event of a conflict regarding billing or distribution, the platform's terms prevail.
• Role of MidBox: MidBox is the publisher of the Application but is not a party to the subscription sales contract. MidBox has no access to any financial data (credit card numbers) and does not collect taxes; these responsibilities rest exclusively with the operator of the relevant app store as the Merchant of Record.
• Third-Party Beneficiaries: You acknowledge and agree that, to the extent you access or download the Application through an app distribution platform:
  • With respect to downloads from Apple's App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
  • With respect to downloads from Google's Play Store, Google and its affiliates are third-party beneficiaries of these Terms, and upon your acceptance, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• Absence of Maintenance by Platforms: Apple and Google have no obligation to provide maintenance or technical support services for the Application. Any support request must be directed to MidBox (see Article 12.4).
• Responsibility for Claims: MidBox (and not Apple or Google) is solely responsible for handling any claim related to the Application or your possession and/or use thereof, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

5.2 Automatic Renewal:

Your subscription will renew automatically at the end of each period (monthly or annual) at the current price, unless you cancel it at least 24 hours before the end of the current period. Payment will be charged to the account linked to the relevant third-party app store upon confirmation of purchase and at each renewal.

5.3 Account Management, Cancellation, and Deletion:

• Reminder of Third-Party Subscription Maintenance Upon Account Deletion: Please note that the permanent deletion of your Sesame account, the closure of your Household, or the uninstallation of the Application from your device does not automatically cancel your recurring paid subscriptions billed by third-party intermediaries. The User must manually cancel their active ongoing subscription with the relevant third-party app store in order to stop future charges by the Merchant of Record.
• Double Validation Security Procedure for Account Deletion: In order to prevent accidental data loss or malicious deletion by an unauthorized third party, the permanent closure of your Sesame account requires the execution of a strict in-app security protocol:
  1. You must manually type the security confirmation word (e.g., "DELETE") in the field provided for this purpose.
  2. Mandatory security re-authentication (validation by login or third-party Single Sign-On (SSO)) will be required if your last active authentication on the device occurred more than five (5) minutes ago.
• Disclaimer for Data Purging: Once these two steps are validated, account deletion is irreversible. The User expressly accepts that the validation of this process entails the immediate, permanent, and unrecoverable purging of their entire history, personal recipes, Household profiles, and local and cloud health data. MidBox is released from any contractual or extracontractual liability for data loss or consequential damages resulting from this voluntary deletion.

5.4 Refund Policy (and Specific Rights in Quebec):

• General Rule (Via Platforms): MidBox does not directly manage billing. Any refund request must be submitted primarily to the customer service of the third-party app store through which the purchase was made, which applies its own terms of sale.
• Quebec Residents (Application of the CPA): If you reside in Quebec and the platform refuses your refund, the Consumer Protection Act provides you with a legal warranty of conformity. If the Application presents a major defect rendering it unusable or not in conformity with its description:
  • Contact Us: Write to info@midboxtech.com with proof of the platform's refund refusal and a description of the issue.
  • Our Commitments: If the defect is proven and falls under our responsibility, we commit to offering you, at our discretion and depending on the severity of the case:
    • A free extension of your subscription period (time compensation);
    • OR a resolution of the technical problem within a reasonable timeframe;
    • OR, if no other solution is possible, a pro-rata refund for the unusable period (by electronic transfer).
• Exclusions: This warranty does not cover issues related to your device, a poor internet connection, or software incompatibility indicated in our technical specifications.

5.5 Price Changes:

MidBox reserves the right to modify subscription rates at any time. Any price change will take effect at the start of the next subscription period following reasonable notice (generally sent by the operator of the relevant app store or by email). If you have not canceled your subscription before its renewal, you are deemed to have accepted the new rate.

5.6 Display Errors:

Despite our efforts, pricing errors may occur. MidBox reserves the right to correct any manifest pricing error (e.g., a negligible price due to a computer bug) and to cancel or refuse any transaction made at that erroneous price, even after receipt of an order confirmation.

5.7 Promotional Codes:

MidBox may occasionally issue promotional codes or special offers. These codes are not exchangeable for cash, cannot be sold to third parties, and expire automatically on the date indicated. MidBox reserves the right to cancel any promo code in the event of abuse or fraud.

6. INTELLECTUAL PROPERTY AND CONTENT IMPORT

6.1.1 Import and Digitization Tools (Text, Web, and Print):

The Application makes neutral technological intermediation features available to you, allowing you to digitize, parse, and import cooking recipes at your express request via: (i) a public third-party website URL; (ii) the clipboard (text copy); or (iii) optical character recognition (OCR) via the camera. The Application acts solely as a passive automated technical tool and does not publish or distribute recipes by default.

• Import and Automated Extraction Liability Clause: When you use the Application to extract and import the text and instructions of a recipe from an external hyperlink (executed by our automated data extraction microservices or any other third-party automated analysis and processing tool), you warrant that you hold the copyrights, the required authorizations, or benefit from an applicable legal exception (such as the private copying exception for personal and non-commercial use provided by the Copyright Act in Canada or equivalent international legislation) to access this content and integrate it into your private space.
• Passive Technical Intermediary: You acknowledge that Sesame acts solely as an automated technical intermediary executing a convenience copy at your exclusive request. MidBox expressly disclaims all liability for copyright, intellectual property, trademark violations, or breaches of third-party website terms of use resulting from links and content submitted for processing by the User.
• Non-Circumvention Warranty: The User formally agrees not to use the extraction tool to circumvent technological protection measures (such as "paywalls," paid subscriptions, complex captchas, or authentication systems) or to extract content to which their access or use is prohibited.

6.1.2 Strict Prohibitions:

It is strictly prohibited to use the Application to import content originating from:

• Sites requiring a paid subscription (Paywalls), unless you hold an explicit license allowing you external digital copying;
• Commercial recipe databases;
• Sites whose terms explicitly prohibit the use of automated tools or AI.

MidBox reserves the right to technically block imports from certain domains (Blacklist) at its sole discretion.

6.1.3 Responsibility and Content Moderation:

• Absence of Active Monitoring: MidBox does not monitor, filter, or systematically verify content imported or created in users' private spaces.
• User Responsibility: You assume full legal responsibility for the content (texts, images, files) that you store or generate on your account.
• Right of Removal (Moderation): MidBox reserves the right to remove any content:
  • Upon receipt of a valid copyright infringement notice;
  • Or if the content is deemed, at our sole discretion, inappropriate, illegal, hateful, or contrary to these Terms. This removal may be carried out without notice and without obligation to terminate your entire account.
• Cooperation with Authorities: Notwithstanding any privacy policy, MidBox reserves the right to cooperate fully with law enforcement or judicial authorities and to disclose the identity or data of any user if we are required to do so by law or by a court order.

6.2 License Granted to MidBox:

By importing or creating content in the Application, you retain your copyrights, but you grant MidBox a worldwide, perpetual, non-exclusive, and royalty-free license to:

• Technical Operation: Host, store, reproduce, and adapt this content (e.g., formatting, backup) for the sole purpose of ensuring the operation of the Application on your devices;
• Service Improvement (Anonymous Data): Use data derived from your content in a STRICTLY ANONYMIZED and AGGREGATED manner (not allowing you to be identified) for internal statistics, bug fixing, and performance optimization of our recognition tools (OCR), without this constituting training of public generative models.

Privacy Note: This license gives MidBox no right to sell your personal recipes or your identifiable data to third parties.

6.3 Copyright Policy (Notice and Notice):

MidBox respects the intellectual property of others. If you believe that content on the Application violates your rights, please send a notice compliant with the Copyright Act to: info@midboxtech.com.
The notice must contain: (a) the signature of the holder; (b) the description of the protected work; (c) the precise location (URL/App Link) of the infringing material; (d) your contact details.

6.4 Indemnification:

You agree to indemnify, defend, and hold harmless MidBox, its directors, employees, and shareholders against any claim, damage, or expense (including legal fees) arising from: a) Your violation of a third party's copyrights via the import tool; b) Your circumvention of technical protection measures (paywall, authentication); c) Your violation of a third-party site's terms of use.

IN THE EVENT OF A DISPUTE, you agree to:

• Immediately notify MidBox of any claim received;
• Cooperate fully in the defense;
• Assume all defense and indemnification costs.

HOWEVER, this indemnification clause does NOT apply if:

• MidBox had actual knowledge that your use was illegal and failed to take measures to block it;
• The technical safeguards mentioned in Article 6.1.2 were manifestly defective due to MidBox's fault.

6.5 Comments and Suggestions:

If you choose to transmit ideas, feature suggestions, or comments ("Feedback") to us, you agree that MidBox may use this Feedback without any restriction or compensation to you. You irrevocably assign to us all intellectual property rights related to these suggestions worldwide.

7. CODE OF CONDUCT AND SECURITY

7.1 Code of Conduct and Prohibited Uses:

It is strictly prohibited to use the Application or its AI features to:

• Generate hateful, violent, sexually explicit, defamatory, or discriminatory content.
• Create "deepfakes" or realistic misleading images of real people.
• Attempt to bypass AI security filters ("Jailbreaking" of the artificial intelligence).
• Reverse engineer, decompile, or disassemble the Application's code.
• Use the Application to develop a competing service.
• Use the Application for commercial or professional purposes or on behalf of third parties (e.g., use by a nutritionist to manage paying clients), without specific written authorization from MidBox.
• Use robots, "spiders," "scraping" scripts, or any other automated means to access the Application, extract data, or copy content (Data Mining) without our written permission.
• Knowingly introduce viruses, Trojan horses, logic bombs, or other technologically harmful or malicious material.
• Disrupt the operation of the Application or impose a disproportionate load on MidBox's technical infrastructure (e.g., DDoS attacks, API request spamming).
• Promote, encourage, or idealize dangerous eating behaviors, anorexia, bulimia, or extreme caloric restrictions endangering health.
• Impersonate MidBox, an employee, another user, or any other entity, or falsely imply that you are affiliated with MidBox.

Any failure to comply with these rules may result in the immediate suspension or termination of your account, without refund of remaining subscription periods.

7.2 Sanctions and Termination for Cause:

• Gradation of Sanctions: In the event of a breach of these Terms, MidBox reserves the right to apply, at its sole discretion and depending on the severity of the fault, the following measures:
  • Sending a formal warning by email;
  • Temporary account suspension;
  • Permanent termination of the account and subscription.
• Immediate Termination (Serious Misconduct): Notwithstanding the foregoing, MidBox reserves the right to suspend or terminate your account immediately and without notice in the event of a serious violation (e.g., attempted hacking, illegal content, endangering others, fraud).
• Financial Consequences: In the event of termination of your account for cause or material breach of these Terms of Use, no refund will be provided for any fees already paid or for the current billing cycle. Access to the application's services and features will be deactivated immediately.
• Data of Terminated Account: In the event of closure for serious violation (particularly for illegal content), MidBox reserves the right to immediately delete all associated data without offering a download period, in order to cease the violation.

8. LIMITATION OF LIABILITY

READ THIS SECTION CAREFULLY. IT LIMITS THE LIABILITY OF MIDBOX TOWARDS YOU.

8.1 General Limitation:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIDBOX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR FOR LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR ACCESS TO OR USE OF THE APPLICATION.

8.2 Monetary Cap:

IN NO EVENT SHALL MIDBOX'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE APPLICATION EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO MIDBOX FOR THE USE OF THE APPLICATION DURING THE LAST TWELVE (12) MONTHS.

8.3 Specific Exclusions:

MidBox specifically disclaims any liability for:

• Errors in nutritional data or undetected allergens.
• Bodily injury or food poisoning resulting from the preparation of recipes found on the Application (except in cases of gross negligence on our part).
• Technical malfunctions, internet outages, or interruptions of third-party services (specifically, third-party artificial intelligence, data processing, and subscription management or billing platforms).

8.4 APPLICATION IN QUEBEC (SPECIAL PROVISIONS):

For consumers residing in Quebec: Quebec laws, including the Consumer Protection Act, do not allow certain exclusions or limitations of liability. Consequently, some or all of the limitations and exclusions of liability set forth in these terms may not apply to you.

HOWEVER, regarding artificial intelligence features:

• Acceptance of Technological Risk: You acknowledge that errors, inaccuracies, or "hallucinations" generated by third-party artificial intelligence models constitute a known technological limit inherent to the service, and not a defect of the good or a fault of MidBox, provided that MidBox has used standard market models.
• Causation: Consequently, MidBox cannot be held liable for bodily injury resulting from the exclusive reliance you may have placed on nutritional calculations or recipes generated by AI, unless such injury results directly from a distinct gross fault of MidBox (such as the voluntary disabling of safety filters or the concealment of a known defect).
• Burden of Proof: For any alleged bodily injury, it is your responsibility to demonstrate the existence of a gross fault of MidBox distinct from the intrinsic and random limits of artificial intelligence technology.

9. MODIFICATION OF TERMS

We may update these Terms to reflect changes in our services or the law.

9.1 Method of Communication:

Any notice of modification will be sent to you by email to the address associated with your Sesame account at the time of registration or update. It is your sole responsibility to maintain an active and valid email address. Due to technical authentication constraints (specifically for accounts linked via a third-party Single Sign-On (SSO) provider), any request to update your contact email address must be sent to our technical support at info@midboxtech.com. The sending of the email by MidBox to the registered address constitutes a valid and binding notification, even if your inbox is full or the address is obsolete.

9.2 For Users Outside Quebec:

Your continued use of the Application after the publication of changes constitutes your acceptance.

9.3 For Consumers Residing in Quebec:

If we modify an essential clause of this contract or if the modification increases your obligations or reduces ours, we will send you a written notice at least 30 days before the modification comes into force. This notice will clearly indicate:

• The new clause only, or the new clause and the old clause;
• The effective date of the modification;
• Your right to refuse the modification and to cancel the contract without cost, penalty, or cancellation indemnity by sending us a notice no later than 30 days after the modification comes into force, if the modification entails an increase in your obligation or a reduction in the obligation of MidBox.

10. DATA PROTECTION AND ARTIFICIAL INTELLIGENCE

10.1 AI Processing and Third-Party Hosting:

To provide advanced features (e.g., recipe digitization, culinary assistance, navigation), the Application transmits certain non-identifying data to our third-party artificial intelligence service and hosting infrastructure providers.

• Transmitted Data (Content): This includes notably the text of your queries, image files you submit for analysis (e.g., photos of book pages, screenshots, photos of environment or products), and the textual content of imported recipes.
• EXCLUDED Data (Identity): We never transmit your personal account identifiers (Name, Email, User ID) or your structured physiological and nutritional data (such as your weight, height, nutritional goals, dietary restrictions, or meal history) to AI models.

10.2 Warning on Free-Text Input:

If you voluntarily include personal or health information in a free-text field (e.g., typing "My name is Guy and I am allergic to nuts" in the chat with the AI), this data will be processed by the AI. We advise you to remain factual in your queries.

10.3 Place of Processing (Law 25):

Artificial intelligence processing servers are located outside Quebec (primarily in the United States). By using the Application, you consent to this transfer necessary for the provision of the technological service.

10.4 Service Improvement:

In accordance with Article 6.2, culinary data (recipes, photos) may be used in an anonymized and aggregated manner to improve the accuracy of our models, unless an opt-out option is available in the settings.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 Governing Law:

These Terms are governed by the laws of the province of Quebec and the applicable federal laws of Canada.

11.2 Jurisdiction:

• For consumers in Quebec: Any dispute relating hereto will be submitted to the exclusive jurisdiction of the courts of the judicial district of Montreal, Quebec.
• For other users: You agree to submit to the jurisdiction of the courts of Montreal, Quebec, Canada, and waive any objection as to the convenience of this forum.

11.3 CLASS ACTION WAIVER:

• For residents of Quebec: This clause does not apply to you. Any dispute will be handled in accordance with the laws of the province of Quebec.

For users outside Quebec: TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW OF YOUR JURISDICTION, YOU AGREE THAT ANY DISPUTE WILL BE SETTLED ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, GROUP ACTION, OR COLLECTIVE ARBITRATION AGAINST MIDBOX.

If this waiver is found to be invalid or unenforceable by a court of your jurisdiction, then this specific clause will be deemed unwritten, but the other provisions (notably the choice of competent court in Montreal) will remain in force.

12. TECHNICAL SUPPORT AND SERVICE EVOLUTION

12.1 Updates and Service Evolution:

Our goal is to continuously improve Sesame. We regularly deploy patches and new features. However, MidBox reserves the right to modify, suspend, or withdraw any feature of the Application at any time, for technical, economic, or legal reasons, without obligation of compensation. We cannot guarantee a fixed schedule of updates or the indefinite maintenance of specific features.

12.2 Absence of Warranty of Results and Limitations of Warranty ("As Is"):

Exclusion of Warranty of Dietary, Physical, or Culinary Results: The Sesame Application is a culinary organization and general information tool. MidBox expressly disclaims any warranty of result or achievement of personal goals. MidBox does not guarantee that using the Application or following the AI's estimates will allow you to achieve a weight goal, improve your health status, cure or prevent a disease, or successfully prepare or cook imported or generated recipes. The User assumes full responsibility for the physical, health, and culinary results arising from their use.

Provision of Service "As Is" (To the Extent Permitted by Applicable Law): SUBJECT TO MANDATORY STATUTORY WARRANTIES OF PUBLIC ORDER PROVIDED BY THE LAWS OF YOUR JURISDICTION (NOTABLY THE CONSUMER PROTECTION ACT FOR QUEBEC RESIDENTS AND EUROPEAN DIRECTIVES ON CONSUMER RIGHTS), THE APPLICATION AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIDBOX DISCLAIMS ALL OTHER WARRANTIES, IMPLIED OR EXPRESS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MidBox does not warrant that the Application will be uninterrupted, secure, or free of minor errors.

12.3 Compatibility and Connection:

Sesame is designed to run on the last two (2) major versions of the iOS and Android operating systems. We do not guarantee operation on older devices, beta versions, or devices whose operating system has been unofficially modified (e.g., "jailbreak", "root", or custom ROM). The use of the Application requires an internet connection. Mobile data fees charged by your telephone operator are entirely at your expense. In addition, you must comply with applicable third-party terms of use when using the Application (for example, not violating the terms of service of your mobile data provider or your internet service provider).

12.4 Customer Service:

Customer service is available exclusively by email at info@midboxtech.com. We do not provide telephone support. Although we aim to respond quickly, no specific response time is guaranteed. The service is offered in French and English.

12.5 Product End of Life (Discontinuation of Service):

In the event that MidBox decides to permanently cease the operation of Sesame:

• A notice will be sent to active users at least sixty (60) days prior to closure;
• Current annual subscriptions will be refunded pro-rata for the remaining period;
• We will use our best efforts to provide a means to export your data (recipes) before the final closure.

12.6 Third-Party Links and Content:

The Application may display, include, or make available third-party content (data, recipes, web links). MidBox exercises no control over these resources. You acknowledge and agree that MidBox is not responsible for the accuracy, legality, decency, or copyright compliance of such third-party content. Access to these external resources is entirely at your own risk and peril and is subject to the terms of use of said third parties.

12.7 Beta Features:

MidBox may occasionally offer experimental or "Beta" features for testing. These features are provided "as is," may be unstable, and may be withdrawn at any time without notice. They are not subject to the same service warranties as the main Application.

13. GENERAL PROVISIONS

13.1 Severability:

If any clause is found to be illegal or unenforceable, it will be deemed unwritten without affecting the validity of the other clauses.

13.2 Force Majeure:

MidBox is not responsible for delays or failures caused by events beyond its control (outages or interruptions of hosting servers or third-party telecommunication networks, strikes, pandemics).

13.3 Entire Agreement:

These Terms constitute the entire agreement between the parties concerning the use of the Application.

13.4 Non-Waiver:

The failure of MidBox to require the performance of a clause of these Terms, or to tolerate a temporary breach, shall in no case be interpreted as a waiver of its rights. We reserve the right to strictly enforce these Terms at any later time.

13.5 Assignment and Transfer of Contract:

• By MidBox (Flexibility): MidBox may assign or transfer these Terms, in whole or in part, at any time and without notice (for example, in the event of a merger, acquisition, reorganization, or sale of assets). By using the Application, you accept this transfer to the new entity in advance.
• By the User (Restriction): This contract is personal to you. You may not assign, sell, rent, lend, or transfer your rights or obligations (specifically your account or subscription) to a third party without our prior written consent.

13.6 General Indemnification:

• Indemnification Commitment: You agree to defend, indemnify, and hold harmless MidBox, its directors, officers, employees, shareholders, and agents (the "Indemnified Parties") against any claim, damage, obligation, loss, liability, cost, or debt and expense (including legal fees) arising from:
  • Your violation of any provision of these Terms (including the Code of Conduct and the import rules of Articles 6.1.1 et seq.);
  • Your violation of any third-party right, including copyrights, property, or privacy rights;
  • Any damage caused to a third party by your misuse of the Application or generated content.
• Procedure and Cooperation: In the event of a claim referred to in this article, you agree to cooperate fully and in good faith with MidBox for the defense of any claim. MidBox reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations).
• Exclusions (Fault of MidBox): However, this indemnification obligation will not apply if the claim results directly from:
  • gross negligence or intentional misconduct of MidBox;
  • a major technical failure of the Application's security systems of which MidBox was aware and neglected to correct.

13.7 Export Restrictions:

You represent and warrant that you are not located in a country subject to a U.S. or Canadian government embargo, and that you are not listed on any denied or restricted parties list by these governments.

13.8 Survival of Obligations:

Provisions which, by their nature, must survive the termination or expiration of this contract shall remain in force after the closure of your account, including notably the articles relating to:

• Health and Nutrition Disclaimer (Art. 3);
• Intellectual Property and Content Import (Art. 6);
• Code of Conduct and Security (Art. 7);
• Limitation of Liability (Art. 8);
• Governing Law and Dispute Resolution (Art. 11);
• General Indemnification (Art. 13.6);
• General Provisions.

13.9 No Partnership Relation:

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MidBox as a result of these Terms or your use of the Application.

13.10 Geographic Restrictions:

The Application is administered by MidBox from Canada. We do not guarantee that the Application is appropriate or available for use in other jurisdictions. If you access the Application from abroad, you do so on your own initiative and are entirely responsible for compliance with applicable local laws.