Terms of Service & Legal Framework

By accessing or using Elios Table ("the Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you and Elios Table Pty Ltd (ABN to be confirmed), an Australian company ("we," "us," or "our").

Elios Table uses artificial intelligence (AI) and large language models to compile, analyse, and present information about dining venues sourced from publicly available web content. This includes but is not limited to: restaurant websites, Google business listings, online reviews, Coeliac Australia directories, gluten-free blogs, and other publicly accessible sources.

This information is provided for general informational and convenience purposes only. It is not:

• Medical advice or a substitute for professional medical advice, diagnosis, or treatment
• A safety guarantee, certification, or audit of any venue's kitchen practices
• An endorsement, recommendation, or sponsorship of any venue by Elios Table
• A representation that any venue has been inspected, verified, or approved by us (unless explicitly shown as "Venue-Confirmed")
• A substitute for directly confirming food preparation practices with venue staff
• A guarantee that menu items, ingredients, or kitchen protocols have not changed since our information was compiled

Unless a venue has explicitly submitted confirmed protocols through our Venue Protocol submission process (displayed as "Venue-Confirmed Protocols"), no venue has reviewed, verified, endorsed, or guaranteed the accuracy of any information displayed about it on this Platform.

AI-generated information may contain errors, hallucinations, outdated data, or inaccuracies. AI models can produce plausible-sounding but incorrect information. You must independently verify all information directly with the venue before making any dining decision.

The information provided on Elios Table, including safety scores, confidence ratings, dietary suitability tags, allergen notes, cross-contamination assessments, menu analyses, and any other health or safety-related information, is not medical advice.

Australian law context: Under the Therapeutic Goods Act 1989 (Cth), the provision of medical or therapeutic advice is regulated. Elios Table does not hold any therapeutic goods registration and does not provide therapeutic advice. Our safety scores and assessments are algorithmic approximations based on publicly available information, not clinical or professional assessments.

US law context: The information on this Platform does not constitute the practice of medicine. We are not licensed healthcare providers. Any reliance on information provided on this Platform is at your own risk.

If you have coeliac disease, gluten intolerance, wheat allergy, or any other medical condition requiring dietary management, you should:

• Consult with a qualified medical practitioner or accredited practising dietitian (APD in Australia, RD in the US) regarding your gluten-free dietary needs
• Always confirm food preparation practices directly with venue staff before consuming any food
• Carry appropriate medication (e.g., adrenaline auto-injector) if prescribed
• Not rely solely on information from this Platform when making dining decisions

4.1 Australian Consumer Law (ACL)

Elios Table operates within the framework of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). We are committed to compliance with the following provisions:

• Section 18 — Misleading or deceptive conduct: We must not engage in conduct that is misleading or deceptive or likely to mislead or deceive. We have removed all "absolute confidence" and "guarantee" language from our Platform to ensure compliance. Our disclaimers clearly state that information is AI-sourced, unverified by venues, and not a safety guarantee.
• Section 29 — False or misleading representations: We must not make false or misleading representations about the standard, quality, or value of services. Our safety scores are clearly presented as algorithmic approximations, not certifications. Venues are not described as "verified" or "certified" unless they have submitted confirmed protocols.
• Section 33 — False representations about goods/services: We do not represent that our information meets a particular standard or quality unless we can substantiate that claim. All safety assessments are explicitly labelled as AI-derived guidance.
• Section 4 — Unfair contract terms: These Terms have been drafted to avoid unfair terms that would cause a significant imbalance in the parties' rights.

Under the ACL, statutory guarantees (Section 60: due care and skill; Section 61: fit for purpose) apply to services. However, Elios Table provides information services, not food or food safety services. The information we provide is not a "service" that guarantees any particular food safety outcome.

4.2 Defamation Act 2005

Under the uniform Defamation Act 2005 (as adopted in each Australian state and territory), publishing false information that harms the reputation of a person or business may constitute defamation. Elios Table takes the following precautions:

• AI-sourced information is presented as analysis of public data, not as definitive claims about a venue's practices
• Venues are given the opportunity to submit their own confirmed protocols and claim their profile to correct any inaccuracies
• We provide a mechanism for venues to request correction or removal of inaccurate information (see Section 12 below)
• Safety scores are clearly framed as algorithmic assessments, not statements of fact about a venue's practices

4.3 Privacy Act 1988 & Australian Privacy Principles (APPs)

Elios Table is subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Our data handling practices are described in our Privacy Policy. Key obligations include:

• APP 1: Open and transparent management of personal information
• APP 5: Notification of collection of personal information
• APP 6: Use or disclosure of personal information only for the primary purpose of collection
• APP 11: Security of personal information
• APP 13: Correction of personal information

4.4 Spam Act 2003

Our newsletter and email communications comply with the Spam Act 2003 (Cth). We only send commercial electronic messages to users who have consented, we identify ourselves as the sender, and we include a functional unsubscribe facility in every message.

4.5 Food Standards Australia New Zealand (FSANZ)

The Food Standards Code administered by FSANZ regulates food labelling and allergen declarations for food businesses. Elios Table is not a food business and does not prepare, sell, or serve food. However, we encourage all venues listed on our Platform to comply with their FSANZ obligations, including Standard 1.2.3 (Information requirements — warning statements, advisory statements and declarations) which requires allergen declarations including for cereals containing gluten.

4.6 Competition and Consumer Act 2010 — Unfair Practices

Beyond the ACL provisions above, the Competition and Consumer Act 2010 (Cth) prohibits various unfair practices including:

• Section 52 (now ACL s18): Misleading or deceptive conduct
• False testimonials: Community reviews must be genuine. We do not fabricate reviews or testimonials.
• Bait advertising: We do not advertise venues or offers that are not genuinely available.

While Elios Table is an Australian-based platform, we recognise that users in the United States may access our services, and we address the relevant US legal considerations below.

5.1 Section 230 of the Communications Decency Act (47 U.S.C. § 230)

Section 230 provides that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This means:

• We are not liable for community reviews or user-generated content submitted by third parties, provided we do not materially contribute to the content's creation
• However, Section 230 does not shield us from liability for content we create ourselves, including AI-generated venue assessments and safety scores
• Section 230 also does not shield us from liability under federal intellectual property laws or federal criminal law

Important: Because our venue information is AI-generated by us (not submitted by third parties), Section 230's protections are limited for this content. Our disclaimers are therefore critical to managing liability for our AI-generated content.

5.2 Federal Trade Commission (FTC) Act — Section 5

Under 15 U.S.C. § 45 (Section 5 of the FTC Act), the FTC prohibits "unfair or deceptive acts or practices in or affecting commerce." To comply:

• We do not make claims about venue safety that we cannot substantiate
• We clearly disclose that our information is AI-sourced and not verified by venues
• Our safety scores are presented as algorithmic guidance, not as certifications
• We disclose when venues are featured placements (sponsored content) rather than organic results
• Community reviews are clearly labelled as user opinions, not as verified facts

The FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) also apply. We do not pay for reviews or endorsements without disclosure, and we do not fabricate testimonials.

5.3 Lanham Act — False Advertising (15 U.S.C. § 1125)

Section 43(a) of the Lanham Act creates liability for false or misleading descriptions of fact in commercial advertising or promotion that misrepresents the nature, characteristics, or qualities of another's goods or services. To manage this risk:

• We do not make false claims about competing platforms or services
• Our venue assessments are clearly framed as AI-derived opinions based on public data
• We provide mechanisms for venues to correct inaccurate information

5.4 State Consumer Protection Laws

Many US states have consumer protection statutes modelled on Section 5 of the FTC Act. For example:

• California: California Business & Professions Code § 17200 (Unfair Competition Law) and the Consumer Legal Remedies Act (CLRA, Cal. Civ. Code § 1750 et seq.) prohibit unfair, unlawful, or fraudulent business acts and false or misleading statements
• New York: New York General Business Law § 349 (deceptive acts and practices) and § 350 (false advertising)
• Texas: Texas Deceptive Trade Practices Act (DTPA)

These state laws often provide private rights of action (individuals can sue) and may allow for statutory damages, treble damages, and attorneys' fees. Our disclaimers and transparent information practices are designed to comply with these statutes.

5.5 Food Disparagement (Food Libel) Laws

Several US states have "food disparagement" or "veggie libel" laws that allow food producers to sue for the dissemination of false information about the safety of perishable food products. These include:

• Texas: Texas Civil Practice & Remedies Code § 96.001 et seq. (the original "Oprah law")
• Colorado: Colorado Revised Statutes § 35-31-101 et seq.
• North Dakota, Idaho, Louisiana, Mississippi, Ohio, South Dakota and others have similar statutes

Risk mitigation: We do not make false claims about any venue's food safety. Our safety assessments are based on publicly available information and are clearly framed as AI-derived guidance. If a venue disputes information on our Platform, we provide a correction mechanism (Section 12). However, we note that these laws primarily target false statements of fact, not opinions clearly labelled as such.

5.6 CAN-SPAM Act (15 U.S.C. § 7701 et seq.)

Our email marketing complies with the CAN-SPAM Act, which requires: accurate header information, non-deceptive subject lines, clear identification as an advertisement, inclusion of our physical postal address, and a clear opt-out/unsubscribe mechanism that is honoured within 10 business days.

5.7 Americans with Disabilities Act (ADA) — Web Accessibility

While the ADA does not explicitly address website accessibility, the Department of Justice has taken the position that websites are places of public accommodation under Title III (42 U.S.C. § 12181). We strive to maintain WCAG 2.1 accessibility compliance for our Platform.

5.8 State Privacy Laws

• California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA): California residents have rights regarding their personal information. See our Privacy Policy for details.
• Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA): Additional state-level privacy obligations may apply. See our Privacy Policy.

To the maximum extent permitted by applicable law, including the Australian Consumer Law and applicable US state and federal law:

• Elios Table, its directors, officers, employees, agents, contractors, and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from your use of, or reliance on, any information provided on the Platform
• This includes, without limitation, any illness, injury, adverse health reaction, medical expense, lost income, emotional distress, or other damages resulting from dining at any venue listed on the Platform
• We are not liable for the accuracy, completeness, or timeliness of AI-generated information, which may contain errors or be outdated
• We are not liable for the actions or omissions of any venue, including their food preparation practices, staff training, or compliance with food safety regulations

Australian Consumer Law limitation: Under the ACL, certain guarantees cannot be excluded (e.g., guarantees as to title, undisturbed possession, etc.). Where any liability cannot be excluded by law, our liability is limited, at our option, to:

• In the case of services, the re-supply of the services or the cost of having the services re-supplied; or
• In the case of goods, the replacement of the goods or the cost of acquiring equivalent goods

US limitation: Some US states do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

You agree to indemnify, defend, and hold harmless Elios Table, its directors, officers, employees, agents, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or reliance on information from the Platform
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any community review or content you submit to the Platform
• Your dining at any venue, whether or not you relied on information from the Platform

Elios Table allows users to submit reviews, ratings, dining journal entries, fryer check reports, venue suggestions, and venue protocol submissions ("User Content"). You are solely responsible for the User Content you submit.

By submitting User Content, you represent and warrant that:

• The content is accurate and based on your genuine personal experience
• You have the right to submit the content and it does not violate any third-party rights
• The content is not defamatory, misleading, or deceptive under the Defamation Act 2005 or applicable US defamation and food disparagement laws
• The content does not contain false or misleading representations that could breach the Australian Consumer Law (s18, s29) or the FTC Act (15 U.S.C. § 45)
• You are not submitting content on behalf of a venue for promotional purposes without disclosure (which would violate FTC endorsement guides, 16 C.F.R. Part 255)

We reserve the right to remove any User Content that we believe, in our sole discretion, is inaccurate, misleading, defamatory, or otherwise inappropriate. However, we do not actively moderate all User Content and are not liable for User Content under Section 230 of the CDA (47 U.S.C. § 230) to the extent applicable.

Elios Table offers paid "Featured by Elios" placement opportunities for venues. In accordance with the Australian Consumer Law (which prohibits misleading or deceptive conduct under s18 and false representations under s29) and the FTC Act (15 U.S.C. § 45) and FTC Endorsement Guides (16 C.F.R. Part 255):

• All featured placements are clearly labelled with "Featured by Elios" and a "Sponsored Placement" subtitle
• Featured placement does not imply that the venue is safer, better, or more coeliac-friendly than non-featured venues
• Featured venues do not receive preferential safety scores or confidence ratings as a result of their paid placement
• Safety scores for featured venues are generated using the same AI methodology as all other venues
• Payment for featured placement does not influence the content of our safety assessments

In the interests of transparency and in anticipation of emerging AI regulation, we disclose the following:

• All venue information on the Platform (unless submitted by a venue as "Venue-Confirmed") is generated using large language models (AI) that analyse publicly available web sources
• AI-generated information may contain errors, hallucinations, or outdated data
• AI safety scores and confidence ratings are algorithmic approximations, not human-verified assessments
• The AI models used may not have access to the most current information about a venue's practices
• Menu Scanner results are AI-generated analyses that may not identify all sources of gluten or cross-contamination risk
• Chef Cards are provided as a communication aid and do not guarantee that kitchen staff will follow the instructions provided

Emerging regulation: We note that AI regulation is evolving globally, including the EU AI Act, and we are monitoring developments in Australian and US AI governance frameworks to ensure ongoing compliance.

The Platform, including its design, text, graphics, logos, and software, is owned by Elios Table and protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and the Copyright, Designs and Patents Act in applicable jurisdictions. US protection is afforded under 17 U.S.C. (Copyright Act) and the Lanham Act (15 U.S.C. § 1051 et seq.) for trademarks.

Venue names, logos, and trademarks remain the property of their respective owners and are used on this Platform for identification and informational purposes only. Such use does not imply endorsement by the venue.

Elios Chef Card™: The "Digital Chef Card" name, the Elios Chef Card™ mark, the card's distinctive visual design, layout, and all multilingual text are the intellectual property of Elios Table Pty Ltd. The name and logo are protected as trademarks under the Trade Marks Act 1995 (Cth) and the Lanham Act (15 U.S.C. § 1051 et seq.). The specific wording, structure, and arrangement of the card are protected by copyright under the Copyright Act 1968 (Cth) and 17 U.S.C. (US Copyright Act). You may download and print the Elios Chef Card™ for your personal, non-commercial use when dining out. You may not reproduce, redistribute, sell, rebrand, or create derivative versions of the card or its content for commercial purposes without our prior written permission.

Under APP 13 of the Australian Privacy Principles and in the interests of fairness and accuracy, any venue owner or representative may request correction or removal of information about their venue by contacting us through our contact page.

Venues may also claim their profile and submit confirmed protocols through our Venue Protocol submission feature, which allows them to provide verified, first-hand information about their kitchen practices that will be displayed as "Venue-Confirmed Protocols."

We will process correction and removal requests within a reasonable timeframe. We reserve the right to decline requests that we believe, in good faith, are not warranted or that would make the Platform less accurate or useful for users.

These Terms are governed by the laws of the State of Queensland, Australia, and the laws of the Commonwealth of Australia.

Any dispute arising from these Terms or your use of the Platform shall be resolved in accordance with the following process:

• First, the parties shall attempt to resolve the dispute through good-faith negotiation
• If unresolved within 30 days, the dispute shall be submitted to mediation administered by the Resolution Institute (Australia)
• If mediation fails, the dispute shall be resolved in the courts of Queensland, Australia, and you submit to the exclusive jurisdiction of those courts

US users: Notwithstanding the above, we acknowledge that certain US consumer protection statutes (e.g., state UDAP laws) may provide you with rights that cannot be waived by agreement. Nothing in these Terms is intended to waive any non-waivable statutory rights you may have under applicable US federal or state law.

We may update these Terms from time to time to reflect changes in our practices, legal obligations, or operational requirements. We will post the updated Terms on this page and update the "Last updated" date below. Material changes will be communicated through the Platform or via email to registered users.

Your continued use of the Platform after any changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform.

Elios Table is in the process of obtaining appropriate professional indemnity and public liability insurance coverage appropriate to the nature of an information platform providing AI-sourced dietary guidance. We recommend that all food businesses maintain their own food safety certifications and liability insurance.

Users should note that the existence of insurance does not constitute an admission of liability or a guarantee of coverage for any particular claim.