Terms of Service

Definitions

Website: All content and links on Our Website, accessible at thebreakfast.app.

App: The application available on the Apple App Store or Google Play Store.

Services: The Website and App together, including accessing, browsing, registering, support correspondence, chats, and product and service information.

We, The Breakfast, Our, Us: "The Breakfast Application, LDA," Tax ID PT515165786, registered at Avenida do Atlantico, 16, escritorio 5.07, 1990−019 Lisboa, Portugal.

User, You, Your: Any individual registered within the Services and using them.

We encourage You to read these Terms of Service carefully before using the Services.

Users can access, print, download, and save these Terms of Service at any time. The Terms of Service will be permanently accessible on the Website and in the App. Using the Services implies acceptance of all conditions outlined in these Terms of Service. By using any of the Services, You confirm that You accept these Terms of Service and agree to comply with them. If You do not agree, You must not use the Services.

The Breakfast legally reserves the right to deny access, at any time and without prior notice, to Users who do not comply strictly with these Terms of Service.

Use of the Services

Use of the Services is entirely voluntary and under the sole and exclusive responsibility of the User, as long as the User does not violate intellectual property rights or damage the Services offered. The App can be downloaded for free from the Apple App Store or Google Play Store. You can also browse the Website free of charge. To use the Services available in the App, You need to register and purchase a membership.

Age Restrictions

The Services are only intended for Users who are 18 years of age or older. By using the Services, You represent and warrant that You are at least 18 years old. If You are under 18 years old, You are not permitted to use the Services under any circumstances.

We reserve the right to request proof of age at any time to verify Users' ages and to deny access to or terminate the accounts of Users who are found to be under 18 years old. Misrepresenting Your age to gain access to the Services is a violation of these Terms of Service and will result in immediate account termination.

The Breakfast Membership

When purchasing The Breakfast membership, the User gains access to the core features, such as receiving introductions by sliding for a chance on the home screen, entering chats with people You are introduced to, and accessing chats with Users You've previously connected with.

We offer weekly, monthly, and annual recurring membership plans. You can choose a membership plan after the registration. Please note that purchases made through the Apple App Store or Google Play Store are final, and refunds will not be provided. Your purchase will be subject to Apple's or Google's applicable payment policy, which also may not allow refunds.

You can change Your membership plan at any time; however, the new plan will not take effect until the current one ends. At the screen displaying the membership plans, the Service informs the User about the current cities where The Breakfast is live. It is fully and solely the User's responsibility to decide whether to proceed with payment, regardless of whether The Breakfast is active in the User's current city.

By using the App and purchasing a membership, You consent to the sharing of data regarding Your usage and consumption of Services with Apple. This sharing is strictly for the purpose of addressing refund requests and assisting Apple in making informed decisions. The information shared may include details about how You have accessed or interacted with the Services. We ensure that such data sharing is conducted in compliance with Apple's policies and only as necessary to process refund requests. Your data will be handled securely, and We will not share any information beyond what is required to resolve such requests.

We may update or modify membership benefits or features at any time. Significant changes will be communicated via email or within the App.

Payments

If You decide to purchase a membership, You are required to adhere to the payment terms. Payments will be made weekly, monthly, or yearly, depending on Your chosen membership plan. Memberships automatically renew unless the auto-renewal function is turned off at least twenty-four (24) hours before the end of the current period.

To cancel auto-renewal:

Apple App Store Users:

1. Open the Settings app on Your iPhone

2. Tap Your Name at the top of the screen, then select Subscriptions

3. Find The Breakfast in the list of active subscriptions and tap it

4. Tap Cancel Subscription and confirm Your choice

Google Play Store Users:

1. Open the Google Play Store on Your Android device

2. Tap Menu (three horizontal lines) and select Subscriptions

3. Locate The Breakfast and tap Cancel Subscription

4. Follow the prompts to confirm Your cancellation

On the App:

1. Tap the You tab in the navigation bar (far-right tab with Your image)

2. Scroll down to Settings

3. Locate Membership Plan and tap on Your membership plan

4. Tap Cancel Membership at the bottom of the screen

You must cancel Your membership at least 24 hours before the end of the current membership period to avoid being charged for the next period. All payments are handled by Apple or Google; The Breakfast does not process payments directly.

If the User decides to leave the App at their own request, We do not offer refunds for membership fees. Similarly, if the User is removed by the Service due to a violation of the Terms, The Breakfast will not refund the membership payment.

If Your bank details change, You must update the billing information in Your Apple App Store or Google Play Store account to ensure uninterrupted membership renewal.

User Registration

We always ask You to provide accurate and truthful information about Yourself when You register. The information You share helps Us provide You with quality and relevant introductions to other Users on the App. We may edit or update the profile sections at any time without prior notice.

To register on the App, You must provide the following:

• Your first and last name

• Your email address

• Your location, primarily city

• Your photo, which must be of You and meet Our content guidelines

• Your current intentions for meeting new people (You can choose one of the options)

• Your favorite breakfast places

• Your intro (personal introduction)

• Your occupation (You can choose one of the options)

• Your worlds (Your professional areas)

• Your vibes (Your personality traits)

• Languages You are fluent in

• Answers to the questions that are part of the profile

• Links to Your social profiles: Instagram, LinkedIn, X, Website, or any other digital profile specified on the App (this data is non-public and used solely for Services purposes)

• Your year of birth (this data is non-public and used solely for Services purposes)

All the information provided must be truthful, accurate, updated, and complete. For this purpose, each User guarantees the authenticity of all data provided when creating their account. If You have any questions about how We process Your personal data, please see the Privacy Policy. This information is stored and protected by email and password. Accessing Your account always requires both Your email and password.

If You provide information that is untrue, inaccurate, not current, or incomplete — or if We have reasonable grounds to suspect such data — We reserve the right to suspend or terminate Your account and restrict any current or future use of the Services.

The Breakfast reserves the right to disable any password at any time if the User has failed to comply with any provisions of these Terms of Service.

When You register, You apply to become a member by completing the registration form. The application is then processed by the Service to verify that Your profile is properly completed and ensure compatibility for introductions with other Users. We will notify You as soon as Your application is confirmed. After confirmation, You can choose a membership plan to access the core functionality of the App.

Meet New People over Breakfast

For Us at The Breakfast, real human connection starts with a conversation, not an expectation. That's why We call every introduction a chance, not a match.

Every day at 11:00 AM, We create chances for You. You slide for a chance on the home screen, wait for the BRIOCHE algorithm to work its magic, and get introduced to a new person in Your city. That person is Your chance.

You'll have 24 hours to proceed to the chat and start arranging a place and time for breakfast. If You don't, the chance expires and disappears (forever).

We encourage You to practice openness every time You get a chance, but it's okay if not every chance leads to breakfast.

If You encounter a User who is not who they claim to be or who engages in inappropriate behavior, We encourage You to use the "Report" button.

Actions After Reports:

• Initial Review: Our team will review the report to assess the nature and severity of the issue

• Investigation: If necessary, We will investigate the reported User's profile and activity on the App to determine if there has been a violation of these Terms of Service

• Actions Taken: Based on the investigation findings, actions may include:

  • Issuing a warning to the reported User

  • Temporarily suspending the reported User's account

  • Permanently removing the reported User from the Services

• Feedback to Reporter: You may receive a confirmation that action has been taken, but specific details will not be disclosed to protect privacy

Automated Decision-Making and the BRIOCHE Algorithm

We use the BRIOCHE algorithm to create connections between Users. This automated system helps Us introduce You to other Users in Your city who might share similar interests and intentions for interesting conversations over breakfast. Your profile information (excluding non-public details) will be shared with other Users to facilitate connections and improve your experience.

How BRIOCHE Works:

• When You slide for a chance on the home screen, the algorithm considers various factors from Your profile

• It analyzes patterns in User preferences and previous breakfast meetings

• Based on this analysis, it creates potential introductions with other Users

Factors the Algorithm Considers:

• Your location

• Your stated intentions for meeting new people

• Your professional areas and interests

• Historical patterns of previous breakfast meetings

• User feedback from previous meetings

Important Notes:

• The algorithm provides suggestions only; it does not make final decisions about Your experience

• You always have the choice whether to proceed with a suggested introduction

• We regularly review and adjust the algorithm to improve its effectiveness

• The algorithm does not use any discriminatory factors in its decision-making process

• You can always choose to skip a suggested introduction and wait for the next one

Transparency:

We believe in being transparent about Our use of automated systems. While the BRIOCHE algorithm helps

facilitate connections, the final decision about meeting someone for breakfast always remains with You.

Feedback after Breakfast

We care deeply about Our Users and are constantly working to develop and improve the Services. Therefore, Your feedback is very important to Us. We use Your impressions of the breakfast to enhance the experience and make it more valuable for You. All collected feedback is used for Our analytics and will not be visible to other Users.

After the meeting, We will ask You a few questions that can be answered on a scale ranging from "No way" to "Absolutely." Do not worry — reviews are completely anonymous.

We may edit or update the questions at any time without prior notice.

Here are the feedback questions:

• Did You learn something new?

• Are You feeling inspired after the conversation?

• Who did more talking?

• Would You like to have more conversations like this?

Data Protection

We understand that We collect personal data from Our Users, so We have made every effort to secure Your data and comply with applicable laws. Details regarding how We handle Your data are outlined in Our Privacy Policy. You will not be requested to provide Your Personal Data until You decide to register with The Breakfast. You must read and accept the Privacy Policy before providing any Personal Data.

Please treat Your login information, including Your password, as confidential, and do not disclose it to any third party. You are solely responsible for maintaining the security and confidentiality of Your password. Assigning or sharing passwords with third parties, even temporarily, is not permitted.

If You suspect that Your password has been lost, stolen, or used by others — or if You believe that someone other than You knows Your password — You must promptly inform The Breakfast by contacting Us at support@thebreakfast.app.

Communications

When You visit the Services, send emails to Us, or use the Support chat on the App, You agree to receive communications from Us electronically. We may contact You via email or by posting notices within the Services. A notice will be considered duly given on the fourth (4th) day after it is sent.

Account Termination

You can terminate your account via the App (You tab > Settings > Delete Account) or by emailing support@thebreakfast.app, with Personal Data deleted within 30 days unless legally required. We may terminate accounts for violations of Terms of Service, false information, harmful behavior, prolonged inactivity, or legal requirements, notifying you via email. Termination results in immediate loss of access, no membership refunds, deletion of data within 30 days (except anonymized usage or legal obligations), and fulfillment of any remaining legal responsibilities.

User Generated Content

The Breakfast takes no responsibility and assumes no liability for any User-generated content that You or any other User or third party posts or transmits using Our Services. You understand and agree that You may not upload, distribute, or otherwise publish any content, information, or other material that:

• Violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.

• Is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law.

• Contains any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties.

We reserve the right to remove or modify User content or change how it is used in The Breakfast for any reason. This includes User content that We believe violates these Terms of Service, the Privacy Policy, or any other policies.

You can use the "Report" button to notify Us of any abusive or unwanted content from another User. We will respond to Your request within 72 hours by removing the content or ejecting the User who provided the offending content.

User Responsibilities on Conduct

When using Our Services, You must act respectfully and lawfully. The following behaviors are strictly prohibited:

• Harassment: Bullying, threatening, or abusive behavior.

• Discrimination: Sharing discriminatory or hateful content.

• Spam: Sending unsolicited messages or using the Services for unauthorized commercial purposes.

• Illegal Activities: Engaging in or promoting unlawful behavior.

• Misrepresentation: Impersonating others or falsifying information.

• Harmful Content: Sharing viruses, malware, or disruptive content.

• Privacy Violations: Exploiting or attempting to gather unauthorized personal information.

• Inappropriate Content: Posting obscene, indecent, or offensive material.

Use the "Report" button to report violations. Violations may result in content removal, account suspension, or termination without notice. Illegal activities may be reported to authorities

Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance Your experience on Our Services. For detailed information about how We use these technologies and how You can manage Your preferences, please refer to Our Privacy Policy.

By using the Services, You consent to Our use of cookies and similar technologies in accordance with Our Privacy Policy. You can modify Your browser settings to decline cookies if You prefer, but this may prevent You from taking full advantage of the Services.

Intellectual Property Rights

The Breakfast is not liable for the use by Users of information that includes, but is not limited to, photographs of third parties (without their consent) in the User's profile, or for using text or phrases without properly crediting the author, as this constitutes a violation of copyright. You may not post material belonging to a third party without permission from the copyright holder. This includes, but is not limited to, photographs, images, and text.

If You believe material belonging to a third party has been posted on the App, You are requested to contact Us with full details of the alleged copyright infringement, including the User's name.

None of the rights or obligations conferred or assumed under these Terms of Service will be construed as an assignment or license, in whole or in part, of the intellectual property rights or trademarks over the Services. It is expressly prohibited to reproduce, distribute, modify, transfer, communicate, make available to the public, extract, reuse, resend, or otherwise use any part or element of the Services (including, but not limited to, text, the design of the App, graphics, User information, data, trademarks, etc.).

It is expressly prohibited to access or obtain information, materials, or content from the Services through means or procedures other than those explicitly made available to Users or indicated for this purpose.

You acknowledge that no title to the intellectual property within the Services is transferred to You. You further acknowledge that title and full ownership rights to the Services remain the exclusive property of The Breakfast.

Warranties

You are solely responsible for any content or information You provide on Your profile and any communication with other Users. The Breakfast assumes no responsibility for the publication of any User-generated information, including pictures shared by Users.

It is up to Users to decide what information they wish to make available to others. The Breakfast does not verify the accuracy or truth of any information published by Users. We trust that You are a real person, but We cannot guarantee this to other Users.

We recommend that You exercise caution when dealing with other Users and avoid sharing Personal Data with strangers. The Breakfast cannot control what happens between Users once they decide to meet in person.

The Breakfast does not review or censor message content but reserves the right to remove contact details or any content deemed offensive from introductory messages.

"As is"

The Breakfast will not become involved in any domestic or private disputes between Users and does not provide arbitration or settlement services in the event of a dispute.

We do not represent or warrant the following:

• That Your use of The Breakfast will meet Your requirements or expectations

• That Your use of The Breakfast will be uninterrupted, timely, secure, or error-free

• That any information or content obtained through The Breakfast will be accurate, complete, current, reliable, secure, or lawful

• That any results arising from Your use of The Breakfast will meet Your requirements or expectations

• That any defects in the operation or functionality of The Breakfast will be corrected

The Breakfast undertakes to comply with all mandatory security obligations under applicable law and to adopt appropriate security measures. However, The Breakfast does not and cannot warrant that Internet transmissions are completely private or secure, that information will not be read or intercepted by others, or that the content will be free from viruses or other harmful elements.

The Breakfast expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

The Breakfast excludes liability for the content that Users send to The Breakfast via email or any other means. Users are solely responsible for the content or contributions they provide.

Regardless of how You provide information about Yourself, The Breakfast is not responsible for false information, unsuccessful meetings, tasteless food, or a closed breakfast place. Similarly, The Breakfast is not liable for the use Users make of the content on the Services, their passwords, or any other material on the Services that potentially violates regulations — whether national or international — or infringes on intellectual property or the rights of third parties.

The Breakfast is also not liable for any possible security errors that may occur due to outdated browsers or operating systems, improper configurations, computer viruses, or any other causes not directly related to The Breakfast.

The Breakfast shall not be liable for any consequential, special, incidental, or loss of profit damages, whether direct or indirect, arising out of the delivery, performance, or use of the Services, to the extent permitted by applicable law.

The Breakfast's liability for any claim, whether in contract or tort, will not exceed the greater of U.S.$1.00 or the total amount paid by the User in the twelve (12) months preceding the last event giving rise to liability.

Force Majeure

The Breakfast is not liable for delays or failures in performance caused by events beyond Our control, including natural disasters, pandemics, war, terrorism, government actions, cyberattacks, or technical failures. We will notify You promptly and resume Services when feasible.

Liability of the User

You may not publish content that contains advertising or commercial messages. Additionally, You may not send messages of a commercial nature to other Users through the Services.

You are solely responsible for ensuring that Your interactions with other Users are lawful. The content of Your private photos must not contain illegal, inflammatory, or grossly obscene material. The Breakfast reserves the right to delete such content at its sole discretion.

You are responsible for ensuring that all message content is appropriate. You are also entirely responsible for all activities that occur under Your account.

You agree to immediately notify Us of any unauthorized use of Your account or any other security breach of which You become aware. You are responsible for taking appropriate precautions and implementing security measures best suited for Your situation and intended use of the Services.

The Breakfast reserves the right to terminate or suspend accounts for:

• Violating these Terms of Service or Privacy Policy

• Prolonged inactivity

• Disruptive behavior affecting other Users

Changes to these Terms of Service and Services

The Breakfast reserves the right to amend the content of these Terms of Service at any time. We recommend that Users regularly review the current Terms of Service to stay informed about any updates.

The Breakfast may update the Website and App, including changes to the content, design, and/or configuration, at any time and without prior notice. It is Your responsibility to review and comply with the latest version of the Terms of Service whenever You use the Services.

Change of Ownership

We may assign these Terms of Service in their entirety, without Your consent, to a corporate affiliate or as part of a merger, acquisition, corporate reorganization, or the sale of all or substantially all of Our assets. In the event of a change in ownership, all obligations to Users, including membership terms, will remain in effect.

Severability

These Terms of Service will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, that provision will be modified by the court and interpreted in a manner that best accomplishes the objectives of the original provision to the fullest extent permitted by law. The remaining provisions of the Terms of Service will remain unchanged.

Governing Law

These Terms of Service is governed by and construed in accordance with the laws of Portugal. All disputes arising out of or in connection with these Terms of Service shall be finally settled by arbitration in accordance with the Rules of Arbitration of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry (Commercial Arbitration Center). The arbitration shall be conducted by one or more arbitrators appointed in accordance with the Arbitration rules. The language of arbitration shall be English, and the place of arbitration shall be Lisbon.

For Users located outside of Portugal, this arbitration agreement shall still apply, and the governing law will remain Portuguese law.

Contact Information

• Email: support@thebreakfast.app

• Response time: Within 7 business days