TwoGrand Master Terms of Service

TwoGrand, Inc. ("TwoGrand") provides mobile software applications (each application, an "App") for food and healthier living through its website located at ("Site") the Site, collectively the "Service"). YouFood and TwoGrand are two such apps. This Master Terms of Service along with the Additional Terms (defined below), as such terms and policies may be updated from time to time (collectively, the "Terms"), governs your use of the Apps and the TwoGrand Service.

By downloading an App, visiting the Site or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Service.

  1. USE OF THE SERVICE. You are solely responsible for the use of the Service. By using the service you acknowledge that any health, fitness and nutritional information provided through the Service is for educational purposes only and the use of any such information provided through the Service is solely at your own risk. Use of the Apps, Email communications, or any other downloadable software components provided by TwoGrand is subject to these Terms and any accompanying end user license agreement.
  2. ADDITIONAL TERMS. In addition to these Master Terms of Service, the following additional terms apply to your use of the Service. By using the Service, you agree to be bound by these additional terms (including any age restrictions applicable to use of a particular App or feature of the Service), as applicable, which are incorporated herein by reference (collectively the "Additional Terms"):
    • Privacy Policy, which describes TwoGrand's policies with respect to the collection, use, and disclosure of personal information from you; and
    • EULA, which governs your use of software applications you may obtain from TwoGrand.
    In the event of a conflict between the terms and conditions in this document and the terms in any of the Additional Terms, these Master Terms of Service will control.
    • Account Information. In order to access some features of the Service, you may have to create an account. You hereby represent and warrant that the information you provide to TwoGrand upon registration will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
    • Password. As a registered user, you will have login information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify TwoGrand by e-mail at You are solely responsible for your own losses or losses incurred by TwoGrand and others (including other users) due to any unauthorized use of your account.
  4. LINKED ACCOUNTS. Some Apps and features of the Service may allow you to link your account(s) on the Service to your accounts on third party services, such as social networking sites. If you link an App or your account on the Service to an account on a third party services (such as Gmail, Facebook, or Twitter), you are authorizing TwoGrand to store and use your access credentials to access your account on your behalf as your agent to integrate your experience with the Service with content, information, and features available through such third party service(s). Use of third party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
    • General. TwoGrand may contain or display through the Site various information, and other materials or content from third parties, including User Content ("Third Party Materials"). The display on or through the Site of such Third Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by TwoGrand of any third party or any affiliation between any such third party and TwoGrand. Furthermore, in using and accessing the Site, you agree that TwoGrand is in no way responsible for the accuracy, timeliness, or completeness of Third Party Materials. TwoGrand's display of specific Third Party Materials does not suggest a recommendation by TwoGrand of the third party or any products, services, websites or plans offered. Your interaction with any third party accessed through the Site (whether online or offline) is at your own risk, and TwoGrand will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third party.
    • Third Party Links and References. The Site may contain references or links to third-party materials and websites not controlled by TwoGrand. TwoGrand provides such information and links as a convenience to you and such links and references should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that TwoGrand is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Site.
  6. USE RESTRICTIONS. TwoGrand does not allow use of the Service for any illegal, abusive purposes, in any manner that interferes with or interrupts the proper functioning of the Service, or through the use of any bot, crawler, spider, or other automated process. TwoGrand reserves the right to restrict or terminate your right to use particular features of the Service if TwoGrand determines, in its sole discretion, that your use violates these Terms or any other applicable Additional Terms.
  7. SITE RESTRICTIONS. You agree not to use the Site or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, do or attempt to:
    • Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Site, use of the Site, access to the Site, or content obtained through the Site for any purpose other than for your authorized use of the features of the Service that you have fully paid for, in accordance with all applicable Terms;
    • Access or use the Site for any comparative or competitive research purposes;
    • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, or features that enforce limitations on the use of the Site or any content therein;
    • Use any manual or automated means to extract and/or compile content from the Site for any commercial purpose or otherwise;
    • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
    • Interfere with or disrupt the Site, networks or servers connected to the Site, or violate the regulations, policies or procedures of such networks or servers;
    • Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of the Site or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Site other than as intended; or
    • Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
  8. USER CONTENT. Certain features of the Apps and the Service enable users to post various types of content to the Service ("User Content") including, but not limited to, images, captions, comments, usernames, bios or links. You agree that you, and not TwoGrand, are solely responsible for all User Content that you make available through the Service. Similarly, TwoGrand is not responsible to you for any User Content provided by other users of the Service, or for any of communication made through the Service. When you contribute, upload or otherwise provide User Content via the Service, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited content, TwoGrand may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate. Prohibited User Content includes, but is not limited to, content that TwoGrand determines:
    1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. is designed to bring down another group or individual
    3. harasses or advocates harassment of another person;
    4. criticizes the weight or appearance of another person;
    5. is supporting, glamorizing, or encouraging disordered eating;
    6. exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
    7. involves commercial activities and/or sales without prior written consent from TwoGrand such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    8. violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.
    By submitting User Content to TwoGrand, you hereby grant TwoGrand and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license (without any obligation to exercise) to use, reproduce, and modify your User Content in connection with the development, operation, and support of the Service. TwoGrand does not allow infringing materials on the Service. Accordingly, you represent and warrant that you own or have the right to grant the foregoing license to any User Content you post, the User Content you post will not infringe any third party's intellectual property rights or violate the rights of any third party, and that User Content you post will be accurate and up to date. You further acknowledge and agree that TwoGrand may remove any User Content at any time for any reason, including in connection with a takedown notice received from a third party, and to disable accounts of users determined to be "repeat infringers." You further agree to indemnify and hold TwoGrand and its affiliates harmless from all claims, damages, and liabilities arising from your User Content, your use or misuse of an App, the Service, the Site or any breach by you of these Terms.
  9. COACHING. The Services allow you to select a health coach (each, a "Coach") who will consult with you via email, chat, telephone, or other online tools. Our health coaches provide you with peer to peer support, encouragement and practical tips to help overcome barriers to meeting your health goals. While TwoGrand presents these Coaches for your selection, you assume full responsibility for your Coach selection and for choosing the Coach best suited to your goals. If you would like to change your Coach, please contact TwoGrand at TwoGrand reserves the right to change your Coach at any time, for any reason. TwoGrand aims to ensure positive interactions between you and your Coach; however, TwoGrand makes no representations about the suitability, reliability, or accuracy of the Coaches' advice. Because our Coaches have busy lives just like you, they may become unavailable to respond to you and provide information through the Service from time to time.
  10. WORKER CLASSIFICATION. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of TwoGrand. Each User acknowledges that TwoGrand does not, in any way, supervise, direct, or control a Coach's work or Coaching Services performed in any manner. TwoGrand does not set a Coach's work hours or location of work. TwoGrand will not provide any equipment, labor or materials needed for a particular Arrangement. TwoGrand does not serve as an employer of any User. As such, TwoGrand will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Services.
  11. HEALTH ADVISORY; NO PROFESSIONAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP. TwoGrand provides the Services for informational purposes only. We provide a platform so that a User or a Coach may provide you with information relating to your fitness, weight loss and/or nutritional goals; however, you acknowledge that TwoGrand is not a fitness, weight loss, registered dietitian or certified nutritionist, medical professional or certified personal trainer. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, PROFESSIONAL OR MEDICAL ADVICE OR OPINION OF ANY KIND AND THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL OR MEDICAL ADVICE OR OPINION OF ANY KIND. THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, OR TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND TWOGRAND. YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU WILL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM CHANGES IN YOUR DIET OR LIFESTYLE. YOUR USE OF ANY OF THE INFORMATION PROVIDED THROUGH THE APP IS SOLELY AT YOUR OWN RISK. In becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services. The Services are intended for use only by individuals healthy enough to make changes to their diets and lifestyles, and are not intended for use by minors or individuals with any type of health condition that makes the kind of changes to diet or lifestyle suggested by the Services unsafe or inappropriate. You should discontinue diet or other lifestyle changes in cases where such changes cause pain or severe discomfort, and should consult a medical expert prior to returning to diet or other lifestyle changes in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
  12. RESERVATION OF RIGHTS. The Apps, the Site, and the Service are owned and operated by TwoGrand. The software, content, visual interfaces, interactive features, information, trademarks, logos, graphics, design, compilation, computer code, products, software, services, content, and all other elements of the site and the Service (the "TwoGrand Materials"), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All TwoGrand Materials, including intellectual property rights therein and thereto, are the property of TwoGrand or its subsidiaries or affiliated companies and/or third-party licensors. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the TwoGrand Materials. TwoGrand reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the TwoGrand Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms.
  13. TERM AND TERMINATION. These Terms will remain in effect until terminated. These Terms, and your rights and licenses hereunder, will terminate immediately upon your breach of the Terms. You may terminate these Terms by canceling your account and subscription with TwoGrand and, if applicable uninstalling and ceasing use of the Apps. TwoGrand may terminate the Service, disable any App, and/or these Terms, or limit or terminate your access to the Services at any time for any reason or no reason at all. No refunds will be granted in connection with any termination of the Service. Sections 2, 9, 10, 12, 13, 14, 15, and 16, shall survive the termination of this Agreement for any reason, along with any provisions of the Additional Policies that expressly by their terms survive. You agree that termination of your account is your sole remedy for any dissatisfaction with the Service.
  14. FEES; REFUNDS; MONEY-BACK GUARANTEE. The App is free to download and use. Coaching services may require fees, and the fees for the Term will be paid in accordance with your registration confirmation. You acknowledge that access to the Service may be suspended until payment is received in full. All Service Fees are exclusive of any tax, levy, or similar governmental charge that may be assessed. You are solely responsible for all taxes based upon the provision, sale or use of the Services, excluding any taxes based on the Company's net income. If, within the first 30 days from when you paid for Coaching services, you are not satisfied with the Services and wish to receive a full refund, please contact and we will return to you any fees that you paid to TwoGrand in connection with the Services. All fees are non-refundable after 45 days have elapsed from when you first paid for Coaching services except as required by law.
  15. MODIFICATIONS. TwoGrand reserves the right, in its sole discretion, to add, remove, or modify features of the Service at any time for any reason without liability to you. TwoGrand may change, modify, add, or remove portions of these Terms (including the Additional Terms) at any time by making such modified terms available to you on the TwoGrand website or through an App, or both. The applicable modified terms will be identified as of the most recent date of revision and will be effective immediately upon posting, except as follows: in the event any such modification materially alters your rights hereunder, we will attempt to notify you directly through a message sent to the email address you have provided to TwoGrand, if any, or a pop-up window or other notification when you access or use the Service, b) such materially modified Terms and or Additional Terms as applicable will be effective upon the earlier of your use of the Service with actual knowledge of the changes or thirty days after the changes are made available to you, and c) no modifications to these Terms will apply to any dispute between you and TwoGrand that arose prior to the date of such modification. Your use of the Service after modifications to these Terms become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of these Terms, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.
  16. WARRANTY DISCLAIMER. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. TWOGRAND IS NOT A MEDICAL ORGANIZATION. YOU SHOULD NOT CONSIDER THE SERVICE OR THE DOCUMENTATION AS MEDICAL ADVICE OF ANY KIND, AND THE SERVICE IS NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION OR MANAGE A CHRONIC DISEASE OR CONDITION. By using the App or Service, you expressly agree that use of the Service is at your sole risk. The Service is provided on an "AS IS" and "as available" basis, without warranty of any kind. NEITHER The Company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the Service will be uninterrupted or error-free. Neither The Company nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the Service or the products or services offered for sale on the Service. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TWOGRAND DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. TWOGRAND EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE. .
  18. INDEMNITY. You agree to indemnify, defend and hold TwoGrand, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by such parties, in connection with or arising out of your use or misuse of the Service, your violation of these Terms, any applicable law or regulation, or the rights of any third parties related to the use of the Service.
    1. Generally. In the interest of resolving disputes between you and TwoGrand in the most expedient and cost effective manner, you and TwoGrand agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and TwoGrand are each waiving the right to a trial by jury or to participate in a class action.
    2. Exceptions. Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims
    3. Arbitrator. Any arbitration between you and TwoGrand will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at, by calling the AAA at 1-800-778-7879, or by contacting TwoGrand.
    4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). TwoGrand's address for Notice is: TwoGrand, Inc., 3685 17th St. #2, San Francisco, CA 94114. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or TwoGrand may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or TwoGrand shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, TwoGrand shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by TwoGrand in settlement of the dispute prior to the arbitrator's award.
    5. In the event that you commence arbitration in accordance with these Terms, TwoGrand will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco county, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse TwoGrand for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
    6. No Class Actions. YOU AND TWOGRAND 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and TwoGrand agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
    7. Modifications. In the event that TwoGrand makes any future change to this arbitration provision (other than a change to the TwoGrand's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to TwoGrand's address for Notice, in which case your account with TwoGrand shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
    8. Enforceability. If only Subsection (f) of this Section 16 or the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.
  20. MISCELLANEOUS. These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and TwoGrand agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Northern District of California for the purpose of litigating all such claims or disputes. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and TwoGrand, and supersedes any and all prior agreements, negotiations, or other communications between you and TwoGrand, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You agree to abide by all applicable laws in your use of the Service, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions. You may not assign these Terms without the prior written consent of TwoGrand, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. TwoGrand may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns. You acknowledge and understand that if TwoGrand is unable to provide the Service as a result of a force majeure event TwoGrand will not be in breach of these Terms. A force majeure event means any event beyond the control of TwoGrand. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. TwoGrand's waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.
  21. CONTACTING TWOGRAND. The Service hereunder is offered by TwoGrand, Inc.: 3685 17th St. #2, San Francisco, CA 94114.
Last Updated July 10, 2015