Terms of use · Surplus

1. About these terms

These terms are an agreement between you and Forge Wealth Group Ltd, a company registered in England and Wales (company number 16240779), whose registered office is at 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. Surplus is our trading name. “We”, “us” and “our” mean Forge Wealth Group Ltd; “you” means the person using Surplus.

They cover the Surplus iPhone app, our websites (eatsurplus.com and help.eatsurplus.com) and Surplus Premium, together “Surplus”. They are also the licence agreement for the app. By downloading or using Surplus you agree to them. If you don’t agree, please don’t use Surplus.

Our privacy policy explains how we handle your information, and forms part of these terms.

2. Who can use Surplus

You must be 16 or older to use Surplus. By using it, you confirm that you are, and that you can make a binding agreement.

Please give accurate details about yourself, like your weight, height and date of birth. Surplus works out your targets from them, and wrong details give wrong targets.

3. Surplus is not medical advice

Surplus is a general nutrition and habit tool for people who find it hard to eat enough to gain weight. It isn’t a medical device, and it doesn’t diagnose, treat, cure or prevent any disease or condition.

Your calorie and macro targets, the weight gain zone and the other figures Surplus shows are estimates from general formulas and what you enter. They aren’t measurements of your body, and they may not suit you.
Your stomach level is an estimate of how full you’re likely to feel, worked out from what you’ve logged. It doesn’t measure your body, and it isn’t a statement about your digestion or health.
Nutrition articles in the help centre are general information, not advice for you.

Talk to a doctor or a registered dietitian before you change how you eat, and especially if you:

are pregnant or breastfeeding;
have, or have had, an eating disorder;
have diabetes, a heart, kidney, liver or digestive condition, or any other medical condition;
take medicine that’s affected by what you eat;
are under 18;
are losing weight without trying, or are underweight because of an illness.

Stop and get medical advice if you feel unwell. Never ignore medical advice, or put off getting it, because of anything in Surplus. In an emergency, call your local emergency number.

If you’re struggling with your relationship with food, please talk to your doctor or an eating disorder charity where you live.

4. Food and nutrition information

Surplus’s food figures come from:

its built-in library of everyday foods, from McCance and Widdowson’s Composition of Foods (CoFID), which contains public sector information licensed under the Open Government Licence v3.0, and from the U.S. Department of Agriculture’s FoodData Central;
Open Food Facts, a free database of packaged foods filled in by volunteers, made available under the Open Database Licence;
what you, and the recipes you write, enter.

We try to make them accurate, but a product’s figures can be wrong, out of date or missing. Check the label if something looks off. Surplus doesn’t tell you whether a food is safe for you, so always check the label for allergens and ingredients yourself.

5. Your account

When you sign in to a Surplus account, keep your sign-in details to yourself. You’re responsible for what’s done with your account. Tell us straight away at [email protected] if you think someone else has used it.

You can delete your account at any time in the app, under Profile › Help › Delete account. If the app is showing the subscribe screen, email us from the address on your account and we’ll delete it for you.

6. Premium, subscriptions and free trials

Surplus Premium unlocks the whole app. Free trials and subscriptions work like this:

Buying. Premium is a subscription bought through Apple’s App Store and charged to your Apple Account. Apple’s Media Services Terms and Conditions apply to the purchase as well as these terms.
Length and price. You can choose a monthly or a yearly subscription. The price is shown in the app before you confirm, in your local currency, and includes any tax that applies.
Automatic renewal. Your subscription renews automatically at the end of each period, for the same length and at the price then current, unless you turn off auto-renew at least 24 hours before the end of the current period. Apple charges your Apple Account for the renewal within the 24 hours before the current period ends.
Free trials. When a free trial is offered, the app tells you how long it lasts before it starts.
- If a trial is an App Store introductory offer, your paid subscription starts automatically when the trial ends unless you cancel at least 24 hours before it ends. Any unused part of a free trial ends when you buy a subscription.
- If a trial runs in the app without a subscription, nothing is charged when it ends. Surplus asks you to subscribe to keep using it.
Managing and cancelling. Apple manages your subscription. To change or cancel it, open your iPhone’s Settings › your name › Subscriptions › Surplus, or in Surplus go to Profile › My Premium › Manage subscription. Cancelling stops the next renewal, and Premium stays on until the end of the period you’ve paid for. Deleting the app or your account doesn’t cancel your subscription.
Refunds. Apple handles payments, so only Apple can give refunds. To ask for one, go to reportaproblem.apple.com. This doesn’t affect your rights under consumer law.
Price changes. We may change the price of Premium. Apple will tell you before a change affects you and, where the law or Apple’s rules require it, ask you to agree before your subscription renews at the new price.
Restoring. If you reinstall Surplus or move to a new iPhone, open Profile › My Premium and tap Restore purchases.
When Premium ends. Surplus asks you to subscribe to keep using it. Nothing you’ve logged is deleted, and subscribing again picks up where you left off.

7. Your content

Everything you put into Surplus — your logs, recipes, plans, weigh-ins and photos — is yours. You give us permission to store, copy and show it only so far as we need to run Surplus for you, for as long as you use Surplus. Surplus has no social features: we don’t publish your content or show it to other people.

You confirm that you have the right to any photo you add.

8. Using Surplus fairly

Please don’t:

copy, change, decompile or reverse engineer the app, except where the law allows you to;
try to get into our systems or anyone else’s account, or interfere with how Surplus works;
collect information from Surplus by automated means;
get around Premium, or resell or share access to it;
use Surplus for anything unlawful, or add anything unlawful to it.

9. Our intellectual property

The app, the websites, their design, the recipe library and the help centre’s articles belong to us or the people who license them to us. Apart from the licence in section 15(b), these terms don’t give you any rights in them. “Surplus” and our logo are ours; please don’t use them in a way that suggests we’ve endorsed something.

10. Other services

Surplus works with services other people provide, like Apple Health, Sign in with Apple, Sign in with Google and Open Food Facts. Their own terms apply when you use them, and we aren’t responsible for them.

11. Changes to Surplus and to these terms

We keep improving Surplus, so features may change, be added or be removed.

We may update these terms, for example when the law changes or we change Surplus. If a change matters to you, we’ll tell you in the app or by email before it takes effect. If you don’t agree with it, you can stop using Surplus, delete your account and cancel your subscription. If you carry on using Surplus after a change takes effect, the new terms apply.

12. Ending this agreement

You can stop using Surplus at any time, and delete your account in the app or by emailing us.

We may suspend or close your account if you seriously or repeatedly break these terms, or if we have to by law. We may also stop offering Surplus. If we do, we’ll give you reasonable notice where we can, and tell you how to get a copy of your information.

Sections 3, 4, 7 (for anything already stored), 13, 14 and 16 still apply after this agreement ends.

13. Our responsibility to you

If you live in the UK or the European Union:

We are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or failing to use reasonable care and skill. Loss is foreseeable if it was obvious it would happen, or if both of us knew it might happen when you agreed to these terms. We aren’t responsible for loss that isn’t foreseeable.
Surplus is for personal use. We aren’t responsible for any loss of profit, business or business opportunity.
We don’t exclude or limit our liability where it would be unlawful to, including for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for breaking your legal rights as a consumer, such as your right to digital content that is as described, fit for purpose and of satisfactory quality.
If digital content we’ve supplied damages a device or other digital content of yours because we didn’t use reasonable care and skill, we’ll either repair the damage or pay you fair compensation.

Wherever you live, and as far as the law allows:

Surplus is provided “as is” and “as available”. We don’t promise that it will always be available, free from errors, or right for your particular needs, and we make no other promises about it beyond those the law gives you and these terms set out.
Apart from the liability we can’t limit, our total liability to you for anything arising from Surplus is limited to the greater of the amount you paid for Surplus in the 12 months before the claim, and £100 (or the equivalent in your currency).

Some places don’t allow some of these limits, so they may not apply to you. Nothing in these terms affects rights you have by law that can’t be changed by agreement.

14. If something goes wrong

If you have a problem with Surplus, please email [email protected] first. Most things can be put right quickly.

These terms are governed by the law of England and Wales, and the courts of England and Wales can deal with any dispute. If you live in Scotland or Northern Ireland, you can also bring proceedings in your local courts. If you live elsewhere, you keep the protection of the mandatory laws of the place you live, and you can bring proceedings in your local courts where those laws allow it.

15. Terms for the App Store version

These terms apply to the app you download from Apple’s App Store, and they include the following:

(a) Apple isn’t a party. These terms are between you and us only, not with Apple. We, not Apple, are solely responsible for the app and its content.

(b) Licence. We give you a licence to use the app that isn’t exclusive and can’t be transferred, on any Apple-branded products that you own or control and as the Usage Rules in Apple’s Media Services Terms and Conditions allow. Other accounts linked to yours through Family Sharing or volume purchasing may also use it where those rules allow.

(c) Maintenance and support. We alone are responsible for providing maintenance and support for the app, as these terms describe or the law requires. Apple has no obligation to provide any maintenance or support for it.

(d) Warranty. We alone are responsible for any product warranties, whether given by law or by us, to the extent they aren’t effectively disclaimed. If the app fails to conform to any warranty that applies, you can tell Apple, and Apple will refund the purchase price, if any, for the app. As far as the law allows, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are our responsibility.

(e) Product claims. We, not Apple, are responsible for dealing with any claims by you or anyone else relating to the app or your having or using it, including: (i) product liability claims; (ii) any claim that the app fails to conform to any legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar laws, including in connection with the app’s use of Apple’s HealthKit framework.

(f) Intellectual property claims. If anyone claims that the app, or your having and using it, infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.

(g) Legal compliance. You confirm that you aren’t located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a “terrorist supporting” country, and that you aren’t on any U.S. Government list of prohibited or restricted parties.

(h) Our details. Questions, complaints or claims about the app go to Forge Wealth Group Ltd, 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom, or [email protected].

(i) Third-party terms. When you use the app, you must keep to any terms of third parties that apply, like your mobile data provider’s.

(j) Apple as third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right, and is taken to have accepted the right, to enforce them against you as a third-party beneficiary.

16. General

The whole agreement. These terms and our privacy policy are the whole agreement between you and us about Surplus.
If part doesn’t apply. If a court decides part of these terms can’t be enforced, the rest still applies.
No waiver. If we don’t insist on something straight away, we can still insist on it later.
Transferring this agreement. We may transfer our rights and obligations under these terms to another organisation, and we’ll tell you if we do. Your rights won’t be reduced. You may only transfer yours with our written agreement.
Other people’s rights. Apart from Apple (section 15(j)), nobody else has any rights under these terms.

17. Contact us

Email: [email protected]

Post: Forge Wealth Group Ltd, 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom

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