1. About these terms

These terms apply when you buy TONIGHT Founder Access from Toki Birch trading as Her Energy Lab. They explain what you are buying, how access works and what to do if something goes wrong.

In these terms:

- “we”, “us” and “our” mean Toki Birch trading as Her Energy Lab;

- “you” and “your” mean the person buying or using TONIGHT Founder Access;

- “TONIGHT” means the TONIGHT web app and the product content made available through it; and

- “Founder Access” means the one-time paid-beta access described on the checkout page.

2. Who we are and how to contact us

The seller is:

Toki Birch trading as Her Energy Lab

Service address: Piccadilly Business Centre, Unit C Aldow Enterprise Park, Manchester, M12 6AE

Email: hello@herenergylab.com

Please use the email above for questions about an order, account access, refunds, cancellation or technical problems. Include your order reference where you have one.

3. What TONIGHT Founder Access includes

TONIGHT is a web app designed to help you decide what to make for dinner using the preferences, and/or ingredients you choose to provide.

Founder Access is a limited paid-beta offer. It includes:

- access to the TONIGHT web app;

- the TONIGHT product content made available through that app; and

- agreed improvements made to TONIGHT during the Founder period.

TONIGHT is not a coaching, clinical or medical service and does not provide personalised medical advice. It does not promise a particular health, dietary or other result.

The exact features and content included are those shown on the checkout page at the time you place your order. We may improve, correct or update TONIGHT, but we do not promise to add a particular feature or provide a particular recipe.

4. Health, food and suitability information

TONIGHT provides general food and dinner-planning information. It does not diagnose, treat or prevent any medical condition and it is not a substitute for advice from your doctor, dietitian or another suitably qualified professional.

You are responsible for deciding whether any ingredient, recipe or suggestion is suitable for you and the people you are cooking for. Check packaging, ingredient lists, allergen information and preparation instructions each time you cook. Take particular care if you have an allergy, intolerance, medical condition or specific dietary requirement.

If you have a medical concern, or you are unsure whether a food or suggestion is suitable for you, seek advice from an appropriate healthcare professional before using it.

5. Who may buy and where the offer is available

You must be legally able to enter a binding contract in the country where you live and must provide accurate checkout and account information.

The initial Founder route is intended for customers in the United Kingdom, the United States and Canada. We may decline or cancel an order from another country while we confirm that the necessary payment, tax and consumer arrangements are in place. If we cancel an order for this reason, we will refund any payment taken.

6. Placing an order and forming the contract

The checkout page describes the offer and shows the price before you pay. When you place an order, you are making an offer to buy access to the web app on these terms.

The contract is formed when we accept the order, take payment and send an order confirmation. If we cannot accept your order, we will tell you and refund any payment taken.

Please check your details before submitting the order. Contact us promptly if the email address or other information on your order is incorrect.

7. Price and payment

Founder Access is currently offered at £9 as a one-time payment. It is not a subscription and it does not renew automatically.

The total amount payable is the amount shown at checkout before you confirm payment. Future customers may be offered a different price, but a price change will not alter an order we have already accepted.

Payment is processed through the payment service connected to the Systeme.io checkout. We do not ask you to send full card details to us by email. Your payment provider may apply its own terms and privacy notice.

8. Account setup and access

After successful payment, we will send instructions for creating or using the account needed to access TONIGHT. Access depends on successful account setup, confirmation and the relevant access checks.

Access is tied to an active account and to the Founder Access order. If you cancel the account or the order is refunded, Founder Access will be made inactive.

We aim to provide access promptly after successful payment and account setup. If you have paid but cannot access TONIGHT, contact us at hello@herenergylab.com with your order reference. We will investigate and will not ask you to pay again simply because an account or access step needs attention.

9. Your right to use TONIGHT

Subject to these terms and your payment, we give you a personal, limited, non-transferable right to use TONIGHT for your own household use during the period in which your Founder Access remains active.

You must not:

- share your login details or allow another person to use your account;

- sell, rent, sublicense, copy or redistribute TONIGHT or its content;

- reproduce any parts of the product content outside your own household use;

- scrape, extract or systematically collect the product content;

- interfere with the security or operation of TONIGHT;

- attempt to gain unauthorised access to another account or protected area; or

- use TONIGHT for unlawful purposes.

You remain responsible for keeping your login details secure and for telling us promptly if you think somebody else has accessed your account.

10. Availability, maintenance and changes

We may temporarily restrict access to TONIGHT for maintenance, security work, repairs or circumstances outside our reasonable control. We will aim to restore access as soon as reasonably practicable.

We may correct errors and make reasonable changes to the app, recipes, images, guidance and other product content. The offer covers TONIGHT and agreed TONIGHT improvements only. It does not promise access to unrelated Her Energy Lab products, future subscriptions, one-to-one services or other offers.

If we permanently withdraw TONIGHT or make a change that materially affects the core Founder Access promise, we will explain the position and will respect any rights you have under applicable law.

11. Cancellation and refunds

If you are a UK consumer buying online, you may have a 14-day right to cancel a distance contract without giving a reason. The rules can differ depending on whether the contract is treated as digital content, a digital service or both.

If you ask us to provide digital content or start the service during that period, we will ask for the express consent and acknowledgement required by law. Once the supply of digital content has begun following that consent and acknowledgement, you may lose the 14-day cancellation right for that digital content. This does not remove rights relating to faulty, misdescribed or otherwise non-conforming digital content, or any other legal right that cannot be excluded.

Where you have a legal right to cancel, email hello@herenergylab.com with your order reference and a clear statement that you want to cancel. You may use the model wording at the end of these terms, but you do not have to use those exact words.

We do not offer a separate voluntary change-of-mind or goodwill refund promise. This does not affect any cancellation, refund or other consumer right that applies by law. Where a refund is legally due, we will refund the relevant amount to the original payment method without undue delay and within the period required by applicable law. A verified full refund may result in your TONIGHT account and Founder Access being made inactive.

12. Device, compatibility and digital-content issues

You are responsible for using a compatible device, supported browser, reliable internet connection and up-to-date operating system, and for checking that your device settings allow TONIGHT to load and operate. We are not responsible for an inability to access TONIGHT caused solely by your device, operating system, browser, internet service, settings, security software, third-party service or other environment outside our reasonable control, where TONIGHT itself is operating as described. This does not limit any responsibility for damage caused by TONIGHT where applicable law makes us responsible.

Please contact hello@herenergylab.com and describe the problem so that we can reasonably distinguish a device or connection issue from a problem with TONIGHT. Nothing in these terms excludes or limits any legal right that applies if TONIGHT itself is faulty, not as described, does not match the contract or is not provided with the standard required by applicable law. Depending on the circumstances and the law that applies, a consumer remedy may include repair, replacement, a price reduction or a refund.

13. Privacy and service communications

Our Privacy Notice explains how we handle personal information used for orders, account setup, access, support, security and service communications.

Privacy Notice: https://www.herenergylab.com/privacy-notice/

We may send messages needed to confirm your order, help you set up or recover access, respond to support requests, process refunds and keep the service secure. Marketing communications will be handled separately and will include an appropriate way to opt out where required.

14. Support and complaints

Contact hello@herenergylab.com with your order reference and a description of the issue. We will aim to respond within 48–72 hours, excluding weekends and UK public holidays.

If we cannot resolve a complaint, you retain any rights available through the consumer-protection or court processes that apply to you.

15. Our responsibility to you

We will provide TONIGHT with reasonable care and skill and in accordance with the information that formed part of your contract.

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or a consumer right that cannot be excluded or limited.

Subject to that, we are not responsible for loss caused by your failure to follow reasonable account-security, food-safety or preparation instructions, or for events outside our reasonable control. These terms do not remove any rights you have in relation to faulty digital content or services that do not meet legal requirements.

16. Suspending or ending access

You may stop using TONIGHT at any time. If you ask to cancel an order, we will handle the request under section 11 and applicable law.

We may suspend or end access if we reasonably believe that an account is being used unlawfully, shared in breach of these terms, used to attack or interfere with TONIGHT, or presents a security risk. We will restore access where appropriate once the issue is resolved. This does not affect any refund or other right you may have under applicable law.

17. Governing law and disputes

These terms are governed by the law of England and Wales. The courts of England and Wales will have jurisdiction, except that a consumer may have the right to bring proceedings in the courts of the part of the United Kingdom or other country where they live, and may have other mandatory rights under the law that applies to them.

18. Changes to these terms

We may update these terms for future orders. The version in force when we accept your order will apply to that order unless a change is required by law or agreed with you.

Last updated: 27 August 2026

Version: 1.0 — current Founder Access offer

Model cancellation wording

To: Toki Birch trading as Her Energy Lab, Piccadilly Business Centre, Unit C Aldow Enterprise Park, Manchester, M12 6AE, hello@herenergylab.com

I/We hereby give notice that I/We cancel my/our contract for TONIGHT Founder Access.

Order reference: [INSERT ORDER REFERENCE]

Ordered on: [INSERT DATE]

Name: [INSERT NAME]

Address: [INSERT ADDRESS, IF NEEDED]

Date: [INSERT DATE]

Signature: [ONLY IF THIS FORM IS SENT ON PAPER]