Using Ingredence
Terms of Use
Version 2026-08-31.
Clear terms for a more informed experience.
1. These terms
These Terms of Use govern your use of the Ingredence mobile application and the ingredence.com website. By using the app you accept them.
PLEASE READ THESE TERMS CAREFULLY. SECTION 15 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. IF SECTION 15 APPLIES TO YOU, MOST DISPUTES MUST BE RESOLVED BY AN ARBITRATOR AND NOT BY A JUDGE OR JURY. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 15.11, INCLUDING IF YOU USE INGREDENCE WITHOUT AN ACCOUNT. Before creating an account or purchasing a subscription, the app shows these Terms and the Privacy Policy and asks for your agreement; by selecting “Accept” you confirm that you have had an opportunity to read these Terms and agree to the version identified above. You must be at least 13 years old to create an account.
Ingredence is operated by AI Servise LLP, BIN 260340008494, registered at microdistrict Aksay-4, building 123, apt. 49, Almaty, Kazakhstan (“Ingredence”, “we”, “us”).
Ingredence is an information resource: it decodes the information printed on a product's label and presents information from published government regulations.
2. What Ingredence is
Ingredence reads the label of a food, cosmetic or household-chemical product — from its barcode, or from photographs of the packaging — and evaluates the ingredients it finds against published regulations and published scientific classifications of the jurisdiction you selected, at the time of the analysis.
The rules engine produces a versioned regulatory analysis from the label and the selected jurisdiction. Separately, the app calculates a personal score of 0–100 on your device by combining that analysis with your locally stored profile. The regulatory analysis is reproducible; the personal score may differ between users. Where the analysis cannot be completed, the answer is Insufficient data.
3. Not medical advice
Ingredence provides information about ingredients of food, cosmetic and household-chemical products — including regulatory status by jurisdiction and published risk classifications. This information is general and educational. It is not medical advice, not a diagnosis, and not a substitute for consulting a qualified healthcare professional. Individual health conditions differ; a substance lawful and generally recognised as safe may still be unsuitable for a particular person.
Ingredence is not a medical reference. The app never makes a medical judgment that a product is suitable or unsuitable for you because of a disease or condition you have. A personal score reflects the preferences and restrictions you yourself entered into your profile; it is not a medical assessment of them, and no output of the app may be read as one.
If you have any concern about your health or symptoms, consult a medical professional. Decisions made on the basis of information shown by the app are the user's own responsibility. Decisions are subject to the liability rules in section 13.
Verdicts describe products against published regulations and classifications of the selected jurisdiction at the time of analysis; they are not statements about any individual's health.
4. What a verdict is, and what it is not
4.1 How a verdict is produced
The verdict is assigned by a deterministic, versioned rules engine, not by an AI model. AI is used to read the label into structured data and to flag contradictions; it never assigns the outcome. Every verdict carries the identifier and version of the ruleset that produced it, so the same label, the same jurisdiction and the same ruleset version always give the same answer.
Evaluation follows the law of the country you selected, not a single global standard. The result states what the identified version of our ruleset found in the legible label data under the selected jurisdiction's rules. It does not certify that the product complies with all applicable law, that the label is complete, or that the underlying source remained current after the ruleset's stated effective date.
4.2 What a verdict does not mean
- It is not a statement about your health, and not a prediction of any effect on you.
- It is not a comparison with other products. It describes the product in front of you against the rules of its category; it does not rank it against anything.
- It is not a legal determination of a product's compliance, and it is not an official finding of any regulator.
- It is not permanent. Formulations change, and regulations change. A result describes the label that was read, on the day it was read.
4.3 When we say we do not know
If the data is missing, contradictory, or the label was read badly, the answer is Insufficient data and a request to re-photograph a specific part of the label. We do not guess a verdict, and we never invent an ingredient, a concentration, a disease or a threat.
“Not declared by the manufacturer” is a fact about the product, not a failure on our part. If the nutrition table was read but a nutrient is simply absent from it, that nutrient's rules do not apply and you are told it was not declared. “Useful” is only ever reached on a fully declared profile: we do not call a product useful on the strength of numbers that are not there.
4.4 Allergens
Allergen findings are information only and never change a verdict. An allergen present in a product is not a defect in the product — declaring it is the manufacturer complying with labelling law. The card tells you “contains: …”; personal highlighting of your own allergens happens on your device and does not alter the product's verdict.
4.5 Diet
A diet finding says “the label declares something your diet excludes”. It never says a product is vegan, halal, kosher, or “suitable for your diet”.
The absence of a finding proves nothing: an ingredient such as E471 exists in both animal and plant forms, and traces are frequently not printed on a label at all. Treat a silent result as “nothing was found on this label”, not as approval.
4.6 Cosmetics
- Skin type is matched against the manufacturer's own claim printed on the packaging. We do not judge from the composition whether a product suits your skin, and we do not state that it does or does not.
- Preservatives listed in Annex V of Regulation (EC) No 1223/2009 are reported as declared. Labels do not print percentages, so a finding is never a statement that a permitted limit was exceeded.
4.7 Nutrition thresholds and published scoring systems
Every nutrition threshold used is named together with its source: Regulation (EC) No 1924/2006 for salt and sugars, the WHO 2015 guideline for free sugars, and clinical practice where no regulator has set a figure. Thresholds are never invented.
Nutri-Score and NOVA are published by their own authors and are shown as such, naming the system and its publisher. They are never presented as a score of ours.
IARC Monographs classify the hazard of a substance — whether it can cause cancer under some conditions — and not the risk to any individual from a particular product. We reproduce the classification as a classification. An IARC classification alone is not a prohibition and does not by itself make a product harmful.
4.8 Claims we will not make
We do not state that a product is suitable for people with diabetes. The European Union withdrew the category of “foods for diabetics” (Regulation (EU) No 609/2013, following the Commission's 2008 report), and such claims are treated as misleading.
Elimination protocols (2-, 4- or 6-food) are somebody else's clinical scheme. The app does not prescribe one, does not supervise one, and does not treat one as advice. If you have selected a protocol, the app warns you about the set of foods you named — nothing more.
4.9 Results are for use inside the app
A result — the regulatory analysis and your personal score — is produced for you, for the label that was read, on the day it was read, and is intended to be viewed and shared inside the app: Community and the sharing surfaces the app itself provides are the only intended ways to show a result to anyone else.
If you nevertheless publish a result outside the app — as a screenshot, a quotation, a repost or in any other form — you do so on your own behalf and at your own sole responsibility. Outside the app a result loses the context that makes it true: the jurisdiction, the ruleset identifier and version, the date of the analysis, and — for a personal score — your private profile. To the maximum extent permitted by applicable law, we accept no liability for any consequences of your publication of results outside the app, including claims by manufacturers, retailers or any third party arising from such publication; such claims are yours to answer.
5. What Ingredence will never do
These are product commitments, not marketing. They bind us in both directions: they are what you can rely on, and they are why a manufacturer cannot buy a better result.
- No recommendations of alternative products.
- No “better”, “healthier”, “the healthiest”, “cheaper” lists.
- No commercial comparison of brands or products.
- No advertising, no sponsored score increases, no affiliate links, no pay-to-rank.
- No selling of placement in scan results.
- No wording that creates the impression of a medical diagnosis, of treatment, or of guaranteed prevention of disease.
- A manufacturer cannot buy a change to a rating. Funding influences neither the rules, nor the sources, nor the outcome.
6. Your account
An account is optional; scanning works without one. If you create one:
- You sign in through Apple, through Google, or with a one-time code sent to your e-mail address.
- Your nickname is yours alone. Do not impersonate other people, brands, or us.
- You are responsible for what happens under your account.
- You can delete your account from inside the app at any time, without leaving the app or clicking a link in an e-mail. The account becomes inaccessible immediately; remaining records are erased within the periods stated in the Privacy Policy.
7. Community and content you contribute
Community is opt-in. There is no social graph: no followers, no people search, no outbound links from a profile.
Your personal score is specific to your profile. It is not a rating of the product, a medical assessment, or a legal-compliance finding. If you enable attribution, the score value and band are displayed with your nickname in your public scan history. The underlying allergens, diet, avoidances, household profiles and reasons are never published. We do not display any personal score on the public Community showcase — a personal score may appear only in the relevant member's public scan history when that member has enabled attribution.
7.1 The rules, as published in the app
These are the rules shown on the “Community rules” screen, and they say the same thing here:
- A nickname is yours alone: no impersonating other people, brands or us.
- Photograph the package, not people. A photo with a face in it does not belong in a catalogue.
- No documents, addresses, or anyone else's personal details in a photo or a nickname.
- No slurs, threats or harassment — in a nickname or anywhere else.
- Photograph what is really there. A photo of the wrong product makes the catalogue wrong for everyone.
Everything people add is a nickname and a photograph of a package. Those five lines are all the rules there are.
7.2 Reports and moderation
A report hides the content straight away, before anyone reviews it. Review is then carried out by a person, by hand. There are no automatic sanctions against an account: no violation counter, no automatic ban. If that ever changes, the change will be built first and promised second.
You can also block another member; blocking hides that member's content from you.
7.3 Rights in what you contribute
When you photograph a product that is not yet in the catalogue, that photograph and the product data derived from it become part of a shared catalogue that every user benefits from.
You are responsible for the photographs you take and submit. By submitting a photograph you confirm that you took it yourself, that it shows the product packaging and nothing the community rules prohibit (section 7.1), and that publishing it as part of the catalogue violates no one's rights. If a claim arises from a photograph you submitted, it is your claim to answer.
By submitting, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, reproduce and publish the photograph and the product data derived from it as part of the shared catalogue — including, if we ever publish a derived database, under ODbL 1.0 (section 8.1). Attribution follows your own attribution switch.
Your nickname is attached to a discovery only if your attribution switch is on. Turning it off leaves the contribution in place and removes your name everywhere.
7.4 The badge
The checkmark badge next to a nickname in Community means one thing: an active Premium subscription. It is granted by the subscription and by nothing else, and it disappears on its own when the subscription lapses.
8. Data sources and attribution
The full register of regulatory instruments and scientific classifications the analysis is built on is shown in the app under Settings → About → Data sources. Each instrument is named by its official name, never by a paraphrase.
8.1 Open Food Facts
Product identification uses Open Food Facts, and its sibling projects Open Beauty Facts and Open Products Facts. The database is licensed under the Open Database License (ODbL) 1.0, the contents of individual records under the Database Contents License, and images under CC-BY-SA. The NOVA group and the Nutri-Score grade are part of that database and carry the same terms.
Open Food Facts is named on the result screen wherever it identified the product, and in the app's Data sources list.
If we publish a derived database, it will be published under ODbL 1.0, as that licence requires.
8.2 ALETHEIA
The “Risks” section reproduces reference data supplied by ALETHEIA by Holistic Quality LLC, with that attribution shown wherever the data appears, together with the source's own notice, printed in full and never collapsed:
ALETHEIA output is reference data, not professional advice. Not a substitute for primary agency sources or qualified professionals.
We do not use this data for safety-critical decisions: no rule depends on it and no verdict is derived from it. Returned data is cached for no longer than necessary (30 days) and is not republished as a copy of the source's database.
The disclaimers in these Terms of Use are no weaker than the source's own, as its terms of service require.
8.3 Regulatory sources
Regulatory instruments are used as published by the issuing authority, under those authorities' own terms. Where a source's terms require a specific notice, that notice is shown with the data.
For products scanned in Great Britain, restrictions on substances are read from the List of restrictions applicable under UK REACH — Annex XVII to Regulation (EC) No 1907/2006 as assimilated in GB law — published by the Health and Safety Executive. That list is not interchangeable with the EU Annex XVII: entries deleted from the EU list by Commission Regulation (EU) 2020/2096 remain restricted in Great Britain, and some entries carry a different substance under the same number.
The HSE list is Crown copyright, re-used under the Open Government Licence v3.0. Its notice is shown with the data in Settings › About › Data sources: Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence.
9. Free use, contributions and subscription
9.1 The free tier
Every new user gets five free scans, with no card and no account required. A scan is counted only when a verdict actually arrives: a failed recognition, a network error or an abandoned capture does not consume your allowance. When no scans remain, the next scan attempt opens the subscription screen.
9.2 Contributions earn scans
Photographing a product that is not yet in the catalogue earns additional free scans once the contribution is accepted. A contribution awaiting a human moderator earns nothing until it is accepted. The number of scans a single contribution can earn is capped.
9.3 Premium
Premium is sold as a yearly subscription with a 3-day free trial, purchased through Apple's App Store. It unlocks unlimited product checks, unlimited scan history, full ingredient breakdowns, and the badge next to your nickname in Community for as long as the subscription is active.
- Payment is charged to your Apple ID account at confirmation of purchase.
- The subscription renews automatically unless it is cancelled at least 24 hours before the end of the current period.
- Cancellation and management happen in your App Store account settings; we cannot cancel a subscription for you.
- If a free trial is offered and you subscribe during it, any unused part of the trial is forfeited when the paid subscription begins.
- Purchases are validated on our servers; a refunded or revoked purchase ends the entitlement even before its expiry date.
- Refunds are handled by Apple under Apple's terms, not by us.
10. Acceptable use
You agree not to:
- upload photographs of anything other than product packaging, or photographs containing people, documents or anyone else's personal details;
- deliberately submit a photograph of the wrong product, or otherwise corrupt the catalogue;
- impersonate another person, a brand, or us;
- harass, threaten or abuse anyone, in a nickname or anywhere else;
- attempt to circumvent the free-scan limit, forge purchases or entitlements, or interfere with the service's operation;
- scrape, bulk-download or resell the service's data, or use it to build a competing database;
- use the service for any safety-critical decision, or as an input to one.
11. Your responsibility
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Decisions you make on the basis of information shown by the app — buying, consuming, using or avoiding any product — are your own decisions.
You agree to use the Service only lawfully and only as these Terms describe. You are solely responsible for: (a) your use or misuse of the Service and of any result it produces; (b) content you submit (section 7); (c) publication of any result outside the app (section 4.9); (d) your breach of these Terms or of applicable law; and (e) your violation of any third-party right.
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless AI Servise LLP, its officers and employees from any claim, demand, loss or expense (including reasonable legal fees) brought by a third party and arising out of items (a)–(e) above — except to the extent the claim is caused by our own breach of these Terms.
Nothing in this section limits rights that consumer-protection law grants you and does not permit us to exclude; in those jurisdictions this section applies only to the extent allowed.
12. Availability and changes
The service is provided as it is and as it is available. Features can change, and a source can become unavailable — a source we cannot serve honestly is switched off rather than faked.
We may change these terms. The version date at the top changes with the text, and material changes will be announced in the app before they take effect.
13. Disclaimers and liability
The service is provided “as is” and “as available”, without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, completeness or uninterrupted availability. The information shown reproduces published regulations, classifications and the product's own label; we do not warrant that any of those sources is complete, current or free of error, and we do not warrant that a product is safe, lawful or suitable for you.
To the maximum extent permitted by applicable law:
- We are not liable for indirect, incidental, consequential, special or punitive damages, loss of profit, loss of data or loss of goodwill arising from use of, or inability to use, the service — whatever the legal theory.
- Our total aggregate liability for all claims arising out of or connected with the service is limited to the greater of (a) the amount you paid us for the service in the twelve months before the event giving rise to the claim and (b) fifty US dollars (USD 50).
- Decisions are yours. The information shown is general and educational (section 3); decisions made on its basis — dietary, purchasing or any other — are your own responsibility.
- Content you contribute is your responsibility (section 7.3). You will indemnify us against third-party claims arising from photographs or other content you submitted in breach of section 7.3 or section 10.
Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law — including, where applicable, liability for death or personal injury caused by negligence, for fraud or wilful misconduct, or mandatory consumer rights in your country of residence, which remain unaffected. For consumers, we remain responsible for providing the digital service with reasonable care and skill. Subject to those rules, we are not responsible for losses that were not reasonably foreseeable when the contract was formed. Nothing in this section limits any remedy that section 15.7 or applicable law makes non-waivable.
14. Privacy
What we collect, what never leaves your device, who processes what, and how to export or delete your data is described in the Privacy Policy, which forms part of these terms.
15. Dispute resolution for U.S. residents — binding individual arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT FOR THE LIMITED EXCEPTIONS STATED BELOW, YOU AND AI SERVISE LLP AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION, NOT BY A JUDGE OR JURY IN COURT. YOU AND AI SERVISE LLP ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION, SUBJECT TO THE EXPRESS EXCEPTIONS BELOW. ARBITRATION GENERALLY PROVIDES MORE LIMITED DISCOVERY AND APPELLATE REVIEW THAN A COURT PROCEEDING. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AS DESCRIBED IN §15.11.
15.1 Application, parties and covered disputes
This section applies if you are a resident of any of the fifty United States, the District of Columbia, or a United States territory or possession when you accept these Terms or when the events giving rise to a dispute occur. If this section does not apply to you, see §16.
For purposes of this section:
- “AI Servise“ means AI Servise LLP, BIN 260340008494;
- “Covered Parties“ means AI Servise and its current and former officers, directors, employees, agents, affiliates, successors and permitted assigns, but only with respect to conduct undertaken for or on behalf of AI Servise; and
- “Dispute“ means any dispute, claim or controversy between you and any Covered Party arising out of or relating to Ingredence, these Terms, the Privacy Policy, a subscription, Community, content submitted or displayed through the Service, a product analysis or personal score, communications between us, or the relationship between you and a Covered Party. “Dispute“ includes contract, warranty, tort, fraud, misrepresentation, statutory, consumer-protection, privacy, data-security, restitution, equitable and other claims, whether based on past, present or future events and whether the claim arose during or after termination of your use of the Service.
This Arbitration Agreement applies only to Disputes arising after you first affirmatively accept a version of these Terms containing an arbitration agreement. It does not apply retroactively to a Dispute that had already accrued and of which either party had given the other party written notice before that acceptance.
Each Covered Party is an intended third-party beneficiary of this Arbitration Agreement and may enforce it. Apple Inc. and its affiliates are not Covered Parties merely because the app is distributed through the App Store or a subscription is billed by Apple. A dispute solely between you and Apple is governed by your agreement with Apple, not this section.
15.2 Required informal notice and 60-day resolution period
Before starting arbitration or a court proceeding, other than an individual small-claims action or a request for urgent provisional relief, the claimant must send the other party an individual written Notice of Dispute and allow 60 days for a good-faith attempt to resolve the Dispute.
A Notice to AI Servise may be sent:
- by e-mail to support@ingredence.com, with the subject “NOTICE OF DISPUTE“;
- through Settings → Community rules → Write to us in the app, with “NOTICE OF DISPUTE“ at the beginning of the message; or
- by mail to: **AI Servise LLP, Attn: Notice of Dispute, microdistrict Aksay-4, building 123, apt. 49, Almaty, Kazakhstan**.
AI Servise may send a Notice to the most recent e-mail, mailing address, account or in-app support channel that you provided.
The Notice must contain:
- the claimant’s name, or the word “anonymous“ if the claimant used Ingredence without an account;
- a way for the other party to respond, which may be an e-mail address, mailing address, telephone number or active in-app support ticket;
- information reasonably sufficient to identify the relevant acceptance or use of the app, such as the Support ID or Installation ID displayed in the app, an account identifier, an Apple transaction or order identifier, or the approximate acceptance date and device type;
- a description of the relevant facts and legal basis of the Dispute;
- the specific relief requested and a good-faith calculation of any amount requested; and
- the claimant’s personal physical or electronic signature. A typed name intended as a signature is sufficient for an electronic Notice.
An account and an account-associated e-mail address are not required. A Notice sent by e-mail may come from any e-mail address.
The parties will participate personally and in good faith in the informal process. Any applicable limitation period is tolled from the date a compliant Notice is received until 30 days after the 60-day informal period ends. If the receiving party does not respond within 60 days, the claimant may proceed.
The arbitrator or, in a Mass Arbitration, the JAMS Process Administrator may decide whether this section’s notice requirement was satisfied and may allow a reasonable opportunity to correct a non-material deficiency. This informal process may not be used to extinguish a claim or create an unreasonable delay.
15.3 Mutual agreement to binding individual arbitration; Federal Arbitration Act
Except for the matters listed in §15.8, you and AI Servise mutually agree that every Dispute that is not resolved under §15.2 will be resolved exclusively through final and binding individual arbitration.
This Arbitration Agreement evidences a transaction involving interstate and international commerce. The Federal Arbitration Act, 9 U.S.C. §§1–16, and, where applicable, Chapter 2 of Title 9, governs the interpretation and enforcement of this Arbitration Agreement. The Federal Arbitration Act governs notwithstanding any state arbitration law, but generally applicable state-law contract defenses preserved by 9 U.S.C. §2 remain available.
A court, not an arbitrator, will decide any dispute concerning:
- whether an arbitration agreement was formed or accepted;
- whether this Arbitration Agreement, the class-action waiver in §15.9, or the Mass Arbitration provision in §15.10 is valid or enforceable;
- whether a timely opt-out was effective;
- whether a matter falls within an express exception in §15.8;
- whether 9 U.S.C. §402 applies to a sexual-assault or sexual-harassment dispute; or
- which version of this Arbitration Agreement controls.
The arbitrator will decide all other issues concerning the interpretation, scope or application of this Arbitration Agreement, as well as the merits of the Dispute.
15.4 JAMS administration and applicable rules
Arbitration will be administered by JAMS before one neutral arbitrator.
Unless the applicable JAMS rules require otherwise:
- a Dispute in which no claim or counterclaim exceeds USD 250,000, excluding interest and attorneys’ fees, will be governed by the JAMS Streamlined Arbitration Rules and Procedures; and
- any other Dispute will be governed by the JAMS Comprehensive Arbitration Rules and Procedures.
In every consumer arbitration, the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses: Minimum Standards of Procedural Fairness applies. The JAMS Mass Arbitration Procedures and Guidelines also apply when §15.10 is triggered.
The current rules and standards are available at:
- https://www.jamsadr.com/rules-streamlined-arbitration
- https://www.jamsadr.com/rules-comprehensive-arbitration
- https://www.jamsadr.com/consumer-minimum-standards
- https://www.jamsadr.com/mass-arbitration-procedures
If there is a conflict, mandatory applicable law controls first, followed by the JAMS Consumer Arbitration Minimum Standards, this Arbitration Agreement, and then the otherwise applicable JAMS rules. No later amendment to a JAMS rule may be applied to reduce a substantive consumer protection promised by the version of this Arbitration Agreement you accepted.
A claimant may submit a demand through JAMS as directed at https://www.jamsadr.com/submit. A demand served on AI Servise must also be sent to support@ingredence.com or the mailing address in §15.2.
If JAMS is unavailable for reasons unrelated to AI Servise’s non-payment or non-compliance, the parties will attempt to agree on another nationally recognized provider that applies consumer standards at least as protective as those stated here. If they cannot agree, a court may appoint an arbitrator under 9 U.S.C. §5. If JAMS declines or suspends administration because AI Servise failed to pay required fees or failed to comply with JAMS consumer standards, you may elect to proceed in a court of competent jurisdiction instead, and AI Servise will not require a substitute provider.
15.5 Procedure, location, counsel and written award
The arbitrator must be neutral, and both parties will have a reasonable opportunity to participate in selecting the arbitrator under the applicable JAMS rules.
The parties may be represented by counsel at their own expense, subject to the fee-shifting rights described in §15.6. The arbitration must permit reasonable exchange of non-privileged information relevant to the Dispute. The arbitrator may limit discovery to keep the proceeding proportionate, but may not deny discovery necessary for a fair opportunity to present a claim or defense.
At your election, the proceeding may be conducted by written submissions, telephone, videoconference or an in-person hearing to the extent the applicable JAMS rules permit. AI Servise will not object to a remote or documents-only proceeding requested by a consumer unless the arbitrator finds that another format is necessary for a fundamentally fair hearing.
Any in-person hearing will take place in the U.S. county or equivalent jurisdiction where you reside, or at another location mutually agreed in writing. The legal seat of arbitration will be in that state or territory. The location or format of the proceeding may not preclude your reasonable access to arbitration.
The arbitrator will issue a written award stating the disposition of each claim and the essential findings and conclusions supporting the award. Judgment on the award may be entered in any court having jurisdiction. Judicial review is limited as provided by the Federal Arbitration Act and other applicable law.
15.6 Arbitration fees and attorneys’ fees
If you initiate arbitration as a consumer, the only JAMS fee you may be required to pay is the lesser of:
- USD 250;
- the amount then required from a consumer under the JAMS Consumer Arbitration Minimum Standards; or
- the filing fee you would have been required to pay to bring the same claim in a court of competent jurisdiction.
AI Servise will pay every other JAMS filing fee, case-management fee, arbitrator fee and expense required for the arbitration. If you demonstrate to JAMS that even your permitted consumer filing fee would prevent meaningful access to arbitration, AI Servise will pay or reimburse that fee, subject to any available JAMS fee waiver.
If AI Servise initiates arbitration against you, AI Servise will pay all JAMS and arbitrator fees.
AI Servise will not seek to recover from you any JAMS filing, administration, case-management or arbitrator fee that AI Servise is required to pay under this section. Each party otherwise bears its own attorneys’ fees and expenses unless applicable law, a valid settlement offer or the award authorizes the prevailing consumer or another party to recover them. Nothing here limits a consumer’s right to recover attorneys’ fees or costs under applicable law. A California consumer will not be required to pay the opposing party’s fees or costs merely because the consumer did not prevail.
15.7 Available remedies
The arbitrator may award any individual remedy that would be available to the claimant in court under applicable federal, state or local law, including damages, statutory damages, restitution, declaratory relief, individual injunctive relief, punitive damages and attorneys’ fees where authorized by law.
No provision of these Terms, including §13, will be applied by the arbitrator to eliminate a remedy or statutory right that applicable law makes non-waivable. The arbitrator must apply the applicable statute of limitations and substantive law described in §15.12.
Except for public injunctive relief under §15.9, an award may grant relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual Dispute.
15.8 Matters that may proceed outside arbitration
Notwithstanding any other provision of this section:
- Small claims. Either party may bring an individual action in a small-claims court having jurisdiction in the county or equivalent jurisdiction where you reside. Either party may elect small-claims court before an arbitrator is appointed if the claim remains within that court’s jurisdiction.
- Government agencies. You may report a matter to, or seek assistance from, the Federal Trade Commission, a state attorney general or any other federal, state or local government agency. Nothing in these Terms limits an agency’s authority to investigate or seek relief.
- Urgent provisional relief. Either party may request a temporary restraining order, preliminary injunction or other urgent provisional relief from a court when necessary to preserve the status quo, prevent imminent irreparable harm, protect the effectiveness of arbitration, or prevent actual or threatened infringement or misappropriation of intellectual-property rights. Seeking that limited relief does not waive arbitration of the merits.
- Sexual assault or sexual harassment. A person alleging a sexual-assault or sexual-harassment dispute may elect the forum and procedures available under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. §§401–402.
- Public injunctive relief. A claim for public injunctive relief that cannot lawfully be waived or limited to individual arbitration may proceed as described in §15.9.
- Provider non-compliance. You may proceed in court when §15.4 expressly permits that election because of AI Servise’s non-payment or non-compliance.
15.9 Individual proceeding and class-action waiver; public-injunction exception
EXCEPT AS EXPRESSLY PROVIDED FOR PUBLIC INJUNCTIVE RELIEF OR BY 9 U.S.C. §402, YOU AND AI SERVISE AGREE THAT EACH PARTY MAY BRING A DISPUTE ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE-ATTORNEY-GENERAL OR REPRESENTATIVE PROCEEDING.
The arbitrator may not administer class or collective arbitration, combine the merits of different individuals’ claims, or award relief for or against a person who is not a party, except for procedural coordination expressly permitted by §15.10. A Mass Arbitration under §15.10 remains a collection of individual claims and is not class arbitration.
Nothing in this section waives a non-waivable right under California law or other applicable law to seek public injunctive relief for the primary purpose and effect of preventing future harm to the general public. A request for such relief may be brought in a court of competent jurisdiction. The court may, to the extent permitted by law, stay that request while arbitrable claims or requests for individual relief are resolved. A court, not the arbitrator, will decide whether requested relief qualifies as public injunctive relief.
15.10 Mass Arbitration Procedures
If 75 or more similar individual demands are filed against the same Covered Party or related Covered Parties and the claimants are represented by the same law firm or by law firms acting in coordination, the demands constitute a “Mass Arbitration.“ The JAMS Mass Arbitration Procedures and Guidelines in effect when the first demands are filed are expressly incorporated and will supplement the otherwise applicable rules.
Each claimant must have submitted an individualized Notice of Dispute complying with §15.2. The JAMS Process Administrator may determine whether that condition was met and may establish a reasonable cure process.
The Process Administrator may coordinate administration, discovery, arbitrator selection, hearings or other procedural matters as permitted by the JAMS Mass Arbitration Procedures and the JAMS Consumer Arbitration Minimum Standards. However:
- every claimant retains an individual claim and the right to an individual disposition;
- no merits ruling or bellwether decision will bind a claimant who was not a party to that ruling unless that claimant gives express written consent after the Dispute arose;
- no aggregate settlement binds an individual claimant without that claimant’s express acceptance; and
- fee allocation must remain consistent with the JAMS Consumer Arbitration Minimum Standards.
Any limitation period is tolled during a JAMS-imposed administrative stay or during any period in which JAMS or the Process Administrator directs that an otherwise compliant individual demand not yet proceed. This section does not create a sequential filing barrier or require claimants to wait indefinitely for unrelated cases to be decided.
A court will decide any challenge to the validity or enforceability of this §15.10. If this subsection is unenforceable, it will be severed and the remaining individual-arbitration provisions will continue to apply.
15.11 Thirty-day right to opt out
You may opt out of this Arbitration Agreement and the class-action waiver by sending an individual written opt-out notice no later than 30 calendar days after you first affirmatively accept a version of these Terms containing this Arbitration Agreement.
You may send the notice:
- by e-mail to support@ingredence.com, with the subject “ARBITRATION OPT-OUT“;
- through Settings → Community rules → Write to us, beginning the message with “ARBITRATION OPT-OUT“; or
- by mail to: **AI Servise LLP, Attn: Arbitration Opt-Out, microdistrict Aksay-4, building 123, apt. 49, Almaty, Kazakhstan**. A mailed notice is timely if postmarked within the 30-day period.
The notice must:
- state clearly that you opt out of the Ingredence Arbitration Agreement;
- identify the version or approximate date on which you accepted the Terms; and
- include information reasonably sufficient to match the notice to your acceptance, such as the Support ID or Installation ID displayed in the app, an in-app support-ticket number, an account identifier, or an Apple transaction or order identifier.
If you used Ingredence anonymously, you do not need to provide a legal name, create an account, provide an account-associated e-mail address or purchase a subscription. An e-mail notice may be sent from any e-mail address. If no listed identifier is reasonably available, you may instead provide the approximate acceptance date, device model and other reasonable information that allows AI Servise to locate the acceptance record.
AI Servise will acknowledge an electronic opt-out within 10 business days. Failure to send an acknowledgment does not invalidate a timely notice for which you retain proof of sending.
A valid opt-out applies to all Covered Parties, does not affect any other provision of these Terms, and will not result in loss of access, reduced functionality or any other adverse treatment. If you opt out, neither you nor a Covered Party may require arbitration of a Dispute under these Terms.
15.12 Substantive governing law, court venue and jury-trial waiver
The Federal Arbitration Act governs this Arbitration Agreement as stated in §15.3.
Except for questions governed by the Federal Arbitration Act, the substantive federal law of the United States and the substantive law of the U.S. state or territory in which you resided when the events giving rise to the Dispute first occurred govern these Terms and the Dispute, without regard to that jurisdiction’s choice-of-law rules. This choice does not deprive you of any consumer protection that applicable law makes non-waivable.
A court proceeding permitted by this section may be brought in a state court in the county or equivalent jurisdiction where you reside or in the federal district court encompassing that location, provided the court has subject-matter jurisdiction. AI Servise consents to personal jurisdiction there for such a proceeding. An action to confirm, vacate or enforce an arbitration award may also be brought in any court authorized by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AI SERVISE KNOWINGLY AND VOLUNTARILY WAIVE A TRIAL BY JURY IN ANY COURT PROCEEDING PERMITTED BY THIS SECTION, OTHER THAN SMALL-CLAIMS COURT. THIS COURT-PROCEEDING JURY WAIVER DOES NOT APPLY IF YOU TIMELY OPTED OUT UNDER §15.11 OR IF APPLICABLE LAW DOES NOT PERMIT A PREDISPUTE JURY WAIVER.
15.13 Limitation periods, later changes and survival
This section does not shorten any statute of limitations or contractual filing period that would otherwise apply. The tolling provisions in §§15.2 and 15.10 apply in addition to any tolling required by law.
A material change to this Arbitration Agreement applies prospectively only after it is presented to you and you affirmatively accept it. A material change will not alter the forum or procedures for a Dispute that had already accrued or for which either party had already sent a Notice of Dispute. After accepting a materially changed Arbitration Agreement, you will receive a new 30-day right to opt out of the change. Continued use alone will not be treated as acceptance of a material arbitration change.
This Arbitration Agreement survives suspension or deletion of an account, cancellation of a subscription, deletion of the app, and termination of these Terms, subject to a valid opt-out and the rules concerning later changes above.
15.14 Severability
Except as stated below, if any part of this section is found invalid or unenforceable, that part will be severed and the remainder will remain in effect.
If the prohibition on class, collective or representative proceedings is unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court, not in class arbitration, and the remaining arbitrable claims will be arbitrated individually to the fullest extent permitted by law. A court may stay the non-arbitrable portion pending completion of arbitration where permitted by law.
If the public-injunction exception applies, only the request for public injunctive relief will proceed in court; the remaining claims remain subject to individual arbitration.
If §15.10 is invalid or unenforceable, it will be severed without invalidating bilateral individual arbitration. Under no circumstances will a class, collective or representative arbitration be administered unless all affected parties expressly agree to it in writing after the relevant Dispute arose.
If a court determines that the core mutual agreement to individual arbitration cannot lawfully be enforced for a particular Dispute, that Dispute may proceed in a court of competent jurisdiction, subject to the applicable substantive law and any non-waivable rights described above.
16. Governing law and disputes (non-U.S. residents)
If you are a resident of the United States, section 15 governs dispute resolution and section 15.12 determines substantive governing law. For everyone else: these Terms are governed by the laws of the Republic of Kazakhstan. If you are a consumer, this choice does not deprive you of mandatory protections of the country in which you habitually reside. The courts of Kazakhstan have non-exclusive jurisdiction; consumers may also bring proceedings in any court available under mandatory applicable law.
17. Contact
AI Servise LLP, microdistrict Aksay-4, building 123, apt. 49, Almaty, Kazakhstan. Mark legal notices “NOTICE OF DISPUTE” or “ARBITRATION OPT-OUT” as described in section 15.
support@ingredence.com. Inside the app: Settings → Community rules → Write to us reaches the same person, and files a ticket.