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TERMS OF SERVICE

SideChef Terms of Service

Last Updated: November 19, 2021

These are the Terms of Service (the “Terms of Service” or “TOS”) that govern SideChef Inc.’s (“SideChef” or “we,” “us,” or “our”) relationship with Users (defined below), as well as SideChef brands, the SideChef website located at https://www.sidechef.com/ (the “Site”), the mobile application (the “SideChef App” or “Application”) which has the capability of being paired with 3rd Party Connected Appliances (defined below) and voice- activated assistants (together with 3rd Party Connected Devices, “3rd Party Products”), and other existing and future products and services, owned, operated or offered by SideChef (together with the Site and the SideChef App, each a “Service” and collectively the “SideChef Services” or “Services”).

Please read these Terms of Service carefully. By accessing or using our Services or otherwise manifesting your assent to these Terms of Service, you are acknowledging that you have read and agree to these Terms of Service, and our Privacy Policy and Copyright Policy, which are incorporated herein by this reference.

Arbitration notice: These Terms of Service contain an arbitration clause near the end. Except for certain types of disputes mentioned in that arbitration clause, you and SideChef agree that disputes between you and SideChef will be resolved by mandatory binding arbitration, and you and SideChef waive any right to participate in a class-action lawsuit or class-wide arbitration.

We reserve the right, in our sole discretion, to change these Terms of Service at any time, and will publish a revised version of these Terms of Service on the Site with the new “Last Updated” date as indicated at the top of these Terms of Service. Continued access to and use of the Service (which includes using our Services to distribute or publish your recipes or other content, as applicable) following any such change means you accept and will abide by the changes.

  1. Supplemental Terms. Because SideChef provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific aspect of the Services. To the extent those supplemental terms conflict with these TOS, the supplemental terms associated with the specific aspect of the Services will govern with respect to your use of such Services.
  2. Description and Use of the Services. We provide Visitors, Registered Users, Subscribers, and Content Partners (defined below) with access to the Services as described below.

    3. Visitors. Visitors are individuals who browse the public-facing areas of the Services, but do not register for fee-based Services (“Visitors”). No login is required for Visitors.

    Registered Users. Registered Users can do all the things that Visitors can do, as well as receive tailored meals and content through the Services. Registered Users do not pay a fee, except as otherwise provided below.

    Subscribers. Subscribers are Registered Users who have also subscribed to SideChef Premium (defined below) (“Subscribers”).

    Content Partners. Content Partners are Registered Users who may submit recipes, cookbooks, meal plans, and blog entries to SideChef to display on the Services (“Content Partners,” and together with Visitors, Registered Users, Subscribers, and any other person who interacts with the Services are collectively referred to herein as “Users,” “you” or “your”).

  3. Eligibility.

    You must be able to form a binding agreement (in most jurisdictions, 18 years old) on your own behalf, or on your entity’s or household’s behalf, to be eligible to use the SideChef Services. You may use the SideChef Services only (a) in compliance with these TOS and all applicable local, state, national, and international laws, rules and regulations, and (b) if you are not a person who is barred from receiving the Services under the laws of any country including the country in which you are a resident or from which you are using the Services. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Services. Any use of the Services by anyone under 13 is strictly prohibited without parental consent.

    If you open an account on behalf of a company, organization, household or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.

    We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice and without reason.

  4. Account and Registration Rules. You are not required to register with us to access SideChef’s basic Services. However, if you would like to receive tailored content, subscribe to SideChef Premium, or become a Content Partner, you must register with us. SideChef is under no obligation to accept any individual or entity as an account holder, and may accept or reject any registration in our sole and complete discretion. To register with us, you may log in to the Services using your email address, Apple ID, Facebook or Google account. If you do not wish to log in using these third-party access credentials, you will be prompted to create an account, which includes providing a display name and password, and perhaps provide certain additional information that will assist in authenticating your identity when you log-in in the future (collectively “Login Credentials”). When registering with SideChef, you agree to the following:
    1. As the person (whether as an individual or on behalf of an entity) who created the account, you are deemed to have access and control over the account and are responsible for any activity that occurs through the account.
    2. When creating your account, you must provide true, accurate, current, and complete information about yourself. You will not provide any false personal information on SideChef, or create an account for anyone other than yourself or your entity without permission.
    3. You will not create more than one personal or entity account without our permission.
    4. If we disable your account, you will not create another one without our permission.
    5. You will update your contact information thereafter as necessary.
    6. You will not let unauthorized persons access your account, or do anything else that might jeopardize the security of your account. You will promptly notify us immediately of any unauthorized use of your password or any other breach of the security of your account.
    7. You will not transfer your account to any person or entity without first getting our written permission.
    8. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is inappropriate.
    9. Should you use the SideChef App’s feature to connect with 3rd party appliances that partner with SideChef (“3rd Party Connected Appliances”), and if you choose to sell or transfer ownership of your 3rd Party Connected Appliance(s) to a new owner, you agree that you will deactivate the transferred 3rd Party Connected Appliance from your account. The new owner will need to agree to the terms of this TOS and will need to use the SideChef App when they register any transferred 3rd Party Connected Appliance.
    10. You are solely responsible for any person/entity’s use of the SideChef App or the Services using your account, which includes the use of the 3rd Party Connected Appliance features in conjunction with the use of the Services.
  5. SideChef Premium. To access SideChef’s premium Services (“SideChef Premium”), which includes featured recipes, meal plans, and cookbooks, you are required to register for a subscription with SideChef (“Subscription”). You can choose a monthly or yearly Subscription. The fees for each Subscription are specified on the Subscription page. SideChef will seek to notify you by reasonable means of any material increase in such fee.
    1. Billing. Billing occurs at the beginning of the Subscription cycle and provides access for one month or one year thereafter, as applicable depending on the Subscription package Subscriber purchased. At the conclusion of a billing cycle, unless Subscriber canceled the Subscription prior to the previous billing cycle, and to the extent permitted by applicable law, Subscriber’s Subscription will automatically renew on a month-to-month or yearly basis, as applicable, at the then-existing price for Subscriber’s membership. By purchasing a Subscription, Subscriber acknowledges that Subscriber’s Subscription has an initial and recurring payment charge at the then-current Subscription rate, Subscriber agrees that SideChef may submit monthly or yearly charges, as applicable, in advance to Subscriber’s chosen payment method without further authorization from Subscriber, until Subscriber cancels their Subscription via the subscribing platform (Apple, Google, or web) or by emailing us at support@sidechef.com or changes Subscriber’s payment method. Subscriber further accepts responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by SideChef after the expiration date of your payment card.
    2. Cancellation or Termination of Subscription. Subscriber may change or terminate Subscriber’s Subscription by updating their Subscription status via the Subscriber’s platform (Apple, Google, or web) or by emailing us at support@sidechef.com. If Subscriber terminates Subscriber’s Subscription, Subscriber may use Subscriber’s Subscription until the end of the then-current billing cycle, and the Subscription will not be renewed after that period expires. SideChef does not refund any pre-paid portion of the Subscription fee. SideChef may immediately terminate or suspend Subscriber’s Subscription for any reason or no reason in accordance with these Terms of Service. If we terminate or suspend Subscriber’s Subscription, Subscriber’s license to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable).
    3. Payment. Subscriber agrees to pay the monthly or yearly fee, as applicable, specified when Subscriber purchased Subscriber’s Subscription (plus any applicable taxes and other charges). Subscriber must provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate Subscriber’s Subscription, along with other payment information. Subscriber represents and warrants that Subscriber has the legal right to use all payment method(s) that Subscriber provides to us. Subscriber hereby authorizes us to charge Subscriber’s specified payment method on a monthly or yearly basis, as applicable, in advance, for Subscriber’s Subscription(s) and/or to place a hold on Subscriber’s payment method with respect to any unpaid charges for Subscriber’s Subscription(s). Subscriber authorizes the issuer of Subscriber’s selected payment method to pay any amounts described herein without requiring a signed receipt, and Subscriber agrees that these Terms of Service shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from Subscriber. Subscriber agrees to provide updated payment information upon request and any time the information Subscriber previously provided is no longer valid. Subscriber acknowledges and agree that neither SideChef, nor any SideChef agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, Subscriber’s specified payment method as contemplated by these Terms of Service.
    4. Third-Party Payment Processors. We use third-party payment processors or financing partners, as applicable, to process your payments, as more fully described in the Privacy Policy. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
  6. Mobile Service. In the event that you are using the SideChef App, you are responsible for any fees, including data, access and usage fees by an internet provider or mobile carrier, that you incur when accessing the Services.
  7. User Content. The Services will enable (i) Content Partners to submit content such as recipes, images, blog posts, videos, and audio to SideChef to upload or transmit through the Services, and (ii) all Registered Users may post messages, comments, likes and other communications, to the Services (collectively, the “User Content”). You own all of the User Content.
    1. By providing User Content to our Services, you represent and warrant that:
      1. You own the rights or licenses to your User Content. You own, or have the necessary licenses, rights, consents, and permissions to use and authorize SideChef to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated under these Terms of Service, and to grant the rights and license set forth in this Section.
      2. Your User Content does not infringe third party rights or violate laws. Your User Content, SideChef’s use of such User Content pursuant to these Terms of Service, and SideChef’s exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulations.
      3. No payment needed. There is no need for any payment to any other person or entity, to use, and to authorize us to use, your User Content in all manners contemplated by these Terms of Service (including the User Content License set forth below).
      4. Protection and Enforcement of your User Content. Any protection and enforcement of any intellectual property rights which exist or pertain to the User Content are entirely your responsibility and SideChef is not obligated to protect and enforce the User Content on your behalf.

    2. User Content License.

      You grant to SideChef a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide, under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, to use, copy, reproduce, transmit, perform, display, exhibit, distribute, index, comment on, adapt, modify, translate, digitize, reformat, create derivative works based upon, perform and otherwise exploit your User Content, in whole or in part, alone or in combination with other content or material, in all media formats and channels now known or hereafter devised (including by way of example but in no way a limitation, the internet, mobile devices, voice-activated assistants and through any future means or methods of downloading and/or transmission now known or hereinafter devised) in connection with SideChef Services (the “User Content License“). You grant SideChef the right to use your name and SideChef display name that you submit in connection with such User Content, to the extent applicable. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Services and these Terms of Service.

    3. Attorney-in Fact.

      You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Service.
  8. Personal Release.

    As a Content Partner, you understand that SideChef wishes to obtain the right to use your name, user name, image, picture, photograph, likeness, voice, performance, and/or other personal identification provided by you to SideChef, whether as part of your User Content or otherwise (collectively, the “Material”), on videotape, film, or any other visual medium for use in connection with promoting SideChef and the Services (the “Promotion”). As such, Content Partner grants SideChef and our subsidiaries, affiliates, agents, nominees, licensees, successors and assigns, and those acting with our authority (“Affiliates”), the unrestricted, absolute, perpetual, worldwide right to record, reproduce, copy, edit, add to, subtract from, modify, use, reuse, display, perform, exhibit, distribute, transmit, exploit, and/or broadcast the Material, without limitation, in and in connection with the Promotion in any manner, in whole or in part, alone or in combination with any other images or videos, in any media now known or hereafter devised. Such use may also include advertising and promotion in any manner or media in connection with the Promotion.

    Content Partner agrees that SideChef has no obligation to use any of the Material, or to exercise any right granted herein, and that Content Partner may not enjoin any exploitation of the Promotion as provided above. If SideChef uses Material for Promotion, Content Partner acknowledges that its right to access and use the Services as granted in these Terms of Service shall be the sole compensation and consideration for the rights Content Partner is granting in and to the Materials. Content Partner shall not be entitled to any additional compensation hereunder, including, but not limited to, in the event SideChef commercializes the Material or the Promotion.

    Content Partner hereby unconditionally and forever releases, indemnifies, and holds harmless SideChef and our Affiliates from any and all liability, claims, or actions that arise from the use of the Material, or that Content Partner or Content Partner’s heirs, executors, administrators, or assigns may have or claim to have in connection with the use of the Material as described herein, and Content Partner agrees not to sue or bring any proceeding against any of those parties for any claim or cause of action, whether presently known or unknown, including, but not limited to action for defamation, invasion of Content Partner’s rights to privacy, publicity or personality or any similar matter, or based upon or relating to the exercise of any of the rights referred to herein.

  9. Ownership of Service and SideChef Content. All content or derivative works therefrom you see using SideChef Services, unless submitted by you, are owned or licensed by SideChef or third parties. Your use of the Service does not give you ownership to those content. You agree that the Service contains content specifically provided by SideChef, its business partners and other SideChef users (the “SideChef Content” or “Content”) and that such SideChef Content is protected, (individually or as a collective work or compilation) by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, US and international. The elements of the SideChef Content include without limitation, the user interface, interactive features, button icons, content, software, code, data, art, graphics, animation, videos, images, text, music, videos, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, navigation, compilation, trade dress and stylistic convention of the Services and other materials you may view on or access through the Services. Your use of the Services does not give you ownership of any SideChef Content.
  10. Use of SideChef Content. You do not have rights to use SideChef Content or derivative works therefrom in any manner other than those explicitly authorized under these TOS. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any SideChef Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, or (ii) in any way that violates any third party right. Subject to your complete and ongoing compliance with these TOS, SideChef hereby grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right and license to access and use the Services for your personal, non-commercial use solely during the term of these TOS and solely in strict compliance with the provisions of these TOS. You will not remove any proprietary notice language corresponding to the Services. If you use the SideChef App through a voice-activated assistant (for example, Amazon Alexa or Google Assistant), SideChef hereby grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right and license to access and use the Services through such voice-activated assistant that you own or control as permitted by voice-activated assistant’s usage rules for your personal, non-commercial use solely during the term of these TOS and solely in strict compliance with the provisions of these TOS.
  11. Trademarks. Your use of the Service does not grant you any license or right to use trademarks owned by SideChef or third parties unless authorized under these TOS. All trademarks, logos, service marks, trade names and trade dress, which includes “SIDECHEF” and the ladle logo (collectively, the “Trademarks”) displayed on the Services or on SideChef Content are registered or unregistered trademarks of SideChef, its business partners and/or others, and may not be used unless authorized by the Trademark owner. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services.
  12. User Submission. When you submit ideas to SideChef, we are not obligated to use your ideas, nor are we obligated to compensate you if we use your ideas, nor are we obligated to keep your ideas confidential. You may choose to or we may invite you to submit comments or ideas about the SideChef Services (“User Submission“). By submitting any User Submission, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SideChef under any fiduciary or other obligation, and that you grant to SideChef an irrevocable, worldwide, perpetual and royalty-free license to use, incorporate, modify, improve upon, and create derivative works of the User Submission and all intellectual property and moral rights therein without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SideChef does not waive any rights to use similar or related ideas previously known to SideChef, or developed by its employees, or obtained from sources other than you.
  13. Prohibited User Conduct. You warrant and agree that, while accessing or using the Services, you will not, nor will you assist or permit any person, to:
    1. use the Services that SideChef find, in its sole discretion, to use SideChef’s resources or SideChef Content with the effect of competing with SideChef Services;
    2. post unauthorized commercial communications (such as spam) on SideChef Services;
    3. copy, aggregate, display, distribute, perform or derive use of SideChef.com, SideChef App or other SideChef Services or any Content or User Content posted on SideChef.com, SideChef App or other SideChef Services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds);
    4. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SideChef and our business partners without their express prior written consent, or use any meta tags or any other “hidden text” utilizing SideChef’s name or trademarks without our prior written permission.
    5. engage in unlawful multi-level marketing, such as a pyramid scheme, on SideChef Services;
    6. solicit login information or access an account belonging to someone else;
    7. make the functionality of the Services available to multiple users except as otherwise permitted herein;
    8. use SideChef Content or Trademarks or any confusingly similar marks, except with our prior written permission;
    9. bully, intimidate, or harass any User;
    10. post User Content that: is hate speech, harmful, obscene, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
    11. develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions;
    12. use the SideChef Services to do anything illegal, misleading, malicious, or discriminatory;
    13. upload viruses or other malicious code;
    14. do anything that could disable, disrupt, or impair the proper working of SideChef Services, such as a denial of service attack or interference with other SideChef Services functionalities;
    15. modify, translate, adapt, merge, create derivative works of, disassemble, reverse engineer, decompile, or otherwise attempt to extract source code from SideChef (or any part of it), unless you are expressly permitted to do so under an open source license, or we give you express prior written permission;
    16. violate our instruction in connection with the Services;
    17. gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any SideChef server, or to any of the services offered on or through the Services, by hacking or any other illegitimate means; or
    18. introduce, post, or upload to the Services any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Services.
    If an account is posting objectionable content listed above, please consider to report or the account. To unblock someone, please email support@sidechef.com
  14. Monitoring. You alone are responsible for the consequences of any of your activities while you are visiting or using the Services. SideChef has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
  15. DMCA Copyright Take-Down Policy. SideChef respects copyright law and expects its users to do the same. It is SideChef’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see SideChef’s Copyright Policy for further information.
  16. Links or Services from Third-Party Sites. The Services may contain links or services from third-party services such as third-party websites, applications, or ads (“Third-Party Links“). We will not warn you that you have left the Services when you click on such a link. SideChef does not control and is not responsible for Third-Party Links. SideChef provides these Third-Party services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk. Users are encouraged to review the privacy policies of these services for a better understanding of their practices.
  17. Agreement not with App Stores. You acknowledge and agree that the availability of the SideChef App is dependent on the third party from which you received the SideChef App, e.g., the Google Play or Apple App Store (each, an “App Store”). When you download a SideChef App through the App Store, you agree that: (i) these Terms of Service are concluded between you and SideChef and not between you and the App Store, and that we (not the App Store), are responsible for our software; (ii) the App Store has no obligation to furnish any maintenance and support services with regards to the SideChef App or handle any warranty claims; (iii) the App Store is not responsible for addressing any claims you have or any claims of any third party relating to SideChef App, such as, product liability, consumer protection claims, intellectual property claims, or any claim that SideChef App fails to conform to any applicable legal or regulatory requirement; (iv) the App Store is a third party beneficiary of these Terms of Services as related to your license of SideChef App, and the App Store will have the right to enforce these Terms of Service as related to your license of SideChef App against you; and (v) you must also comply with all applicable App Store terms of service when using SideChef App.
  18. Indemnification. You agree to indemnify and hold harmless SideChef and its officers, directors, employees, contractors, agents, licensees, sponsors, advertisers and representatives of any of them from (individually or collectively, the “SideChef Indemnified Party”) any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorneys’ fees) arising out of (i) your use or misuse of the Services or the SideChef App; (ii) your violation of these Terms of Service; and (iii) your User Content on SideChef Services. The SideChef Indemnified Parties reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the SideChef Indemnified Parties and you agree to cooperate with SideChef Indemnified Parties’ defense of these claims. You agree not to settle any matter giving rise to your indemnification obligations without the prior written consent of each SideChef Indemnified Party. SideChef will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it, provided that failure by the SideChef Indemnified Party to give prompt notice will not relieve you of any liability hereunder.
  19. Disclaimer. We try to keep SideChef Services up, bug-free, and safe, but you use it at your own risk. We are providing SideChef services as-is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that SideChef services will always be safe, secure or error-free, that SideChef will always function without disruptions, delays or imperfections and that the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations. SideChef assumes no responsibility for the deletion, misdelivery or failure to store any content, user communications or personalization settings, such as the cookbook feature. SideChef makes no representation or warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any SideChef Content provided through the Services, any information, goods or services promoted or displayed through the Services or any transactions entered into through the Services. The SideChef Content, including the recipes and all related information and commentary made available through the Services is for informational purposes only and is not intended to be (and does not constitute) dietary advice or recommendations specifically for you and no advice or information, whether oral or written, obtained from SideChef or through the Services will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other Users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. Any warranty for a 3rd Party Product is separately set forth in 3rd party’s limited warranty for said 3rd Party Product, which warranty shall accompany the 3rd Party Product, and this TOS does not expand or contract in any way the limited warranty on the 3rd Party Product. SideChef is not responsible for the operation of any 3rd Party Product, or the operation of the Services to the extent such availability and operation depends upon the availability and operation of the 3rd Party Product. If you are having problems with your 3rd Party Product please contact the provider of the 3rd Party Product directly.
  20. Responsible for 3rd Party Connected Appliance Operation. You are responsible for safe appliance operation. You cannot rely on the SideChef App as a means of preventing accidents, fire or damage to your appliances or home; the SideChef App is not designed for that purpose. It is your responsibility to ensure that your appliances are maintained in good working order and that they are used in a safe and responsible manner. SideChef will make its “best effort” to ensure that notifications and communications are conveyed to and from you and to and from your 3rd Party Connected Appliances, but SideChef does not guarantee the accuracy of results or the reliability or timeliness of communications. You agree that use of the SideChef App is subject to limitations and restrictions outside of SideChef’s control (such as internet availability, environmental conditions such as buildings and topography, weather and atmospheric conditions, and availability of cell phone service, and satellite access) and SideChef is not responsible for these limitations.
  21. Applications for Use with Voice-Activated Assistants.

    If you use the SideChef App with voice-activated assistants such as Amazon Alexa, Samsung Bixby, or Google Assistant, you should also review the applicable usage rules of such voice-activated assistants (the “Usage Rules”). If you use such voice-activated assistants in connection with the Services, you agree to be bound by the terms of the Usage Rules.

    The SideChef App for voice-activated assistants allows you to use your voice-activated assistants to communicate with SideChef, by voice. In the event such communication includes information regarding your account, your voice is only used to activate the voice-activated assistant and is not used to authenticate the account. To use the SideChef App, you will have to speak commands and questions aloud to the voice-activated assistant, and you will receive responses aloud. Any communication to SideChef via the voice-activated assistant will be treated by SideChef as a communication authorized by you, and any communication from SideChef via the voice-activated assistant in response to a request received from your voice-activated assistant will be treated by SideChef as a communication to you. In other words, you are responsible for all of the interactions with SideChef via the voice-activated assistant. It is also possible that the voice-activated assistant will record your interactions with SideChef App. Consult your agreements with the voice-activated assistant to learn more about how your voice-activated assistant treats those interactions.

    1. Security Settings. Should you be required to set up your voice-activated assistant with your SideChef App account, you are authorizing SideChef to provide information to the voice-activated assistant based on the voice-activated assistant’s security settings. For example, the settings on your device may allow the device to retrieve information about your account(s) based on only verbal requests from anyone who uses your voice-activated assistant, or to save information about your account(s) for easier access. By enabling the SideChef App on your voice-activated assistant, you are responsible for how the SideChef App is used (including any communication to or from SideChef from your voice-activated assistant).
    2. Accuracy in Communication. SideChef did not design or manufacture your voice-activated assistant. The voice-activated assistant also runs other software (e.g., Alexa and other third-party apps) that we did not write or design and do not have control over. It’s possible that your voice-activated assistant will not hear you correctly, will incorrectly translate what you said, or even say something to you different than the information we provided to your voice-activated assistant. By accepting these Terms of Service, you understand and agree that SideChef is not responsible for inaccuracies in your interactions with SideChef via the voice-activated assistant.
  22. Limitation of Liability. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, WE SHALL NOT BE LIABLE (I) FOR DAMAGES RESULTING FROM THE USE OF (OR THE INABILITY TO USE) 3RD PARTY PRODUCTS WITH THE SIDECHEF APP NOT UNDER SIDECHEF’S CONTROL, INCLUDING – BUT NOT LIMITED TO – DAMAGES RESULTING FROM FAILURE OR DELAY IN DELIVERY OF ELECTRONIC COMMUNICATIONS, INTERCEPTION OR MANIPULATION OF ELECTRONIC COMMUNICATIONS BY THIRD PARTIES OR BY COMPUTER PROGRAMS NOT UNDER THE CONTROL OF SIDECHEF, AND TRANSMISSION OF VIRUSES; (II) FOR ANY CONDUCT OR CONTENT ON THE SERVICES, INCLUDING WITHOUT LIMITATION, AN DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) FOR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; (IV) FOR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSION OR CONTENT; (V) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICE OR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICES, ANY ACCURACY OR OMISSION IN SUCH INFORMATION OR FAILURE TO KEEP THE INFORMATION CURRENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (VI) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100).

    THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.

    IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. THEREFORE, SOME OF THE ABOVE DISCLAIMERS OF WARRANTY AND/OR LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.

    NOTHING HERE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

  23. Interstate Nature of Communications. When you use our Services, you acknowledge that in using the Services, you will be causing communications to be sent through SideChef’s computer networks, portions of which may be located in various locations in the United States and portions of which are located abroad. As a result, and also as a result of SideChef’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature will result in the transmission of U.S. interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, you acknowledge that use of the Services results in U.S. interstate data transmissions.
  24. Void Where Prohibited. SideChef controls and operates the Services from offices in the United States. We make no representation that SideChef Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Any Content, offer or Services are void where prohibited and the User automatically indemnifies SideChef from any legal or statutory outcomes resulting from their decision or action. SideChef reserves the right to block access to the Services by certain international users. When you access the Services, you are responsible for compliance with all applicable local laws and regulations.
  25. International Users. The Services are hosted in the United States. You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on our Services or any other third party services to which our Services link to (such as advertising or payments) or operate a platform application or website. You will not use our Services or any other third party services to which our Services link to if you are prohibited from receiving products, services, or software originating from the United States. SideChef has the right to block access to the Services by certain international users. When you access the Service, you are responsible for compliance with all applicable local laws and regulations.
  26. Termination. SideChef may terminate, change, limit or suspend your access to any or all parts of the Service and/or these TOS with or without reason. We will notify you by email or at the next time you attempt to access your account. You may terminate these TOS by deleting your account or by providing notice of termination to us at any time. Upon termination, to the extent permissible under applicable data privacy laws, SideChef may retain a copy of your User Content for backup, archival, or audit purposes and may continue to use, store, display, reproduce, modify, create derivative works, perform and distribute any of your User Content that other users or business partners have stored or shared through the Services prior to termination. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
  27. Refund Policies. As an active Account holder, you may participate in our in-app purchasing services. Your in-app purchase of credits, subscriptions etc. can only be used to obtain certain products and services offered by Sidechef; it has no cash value. Sidechef grants you a limited license to acquire, use, and redeem in-app purchase of credits, subscriptions, etc. pursuant to the terms of this Agreement. Regardless of how they are acquired, Credits are non-transferable to another person or Account, do not accrue interest, are not insured by the Federal Deposit Insurance Corporation (FDIC), and, unless otherwise required by law or permitted by this Agreement, are not redeemable or refundable for any sum of money, monetary value, or anything of value, from Sidechef at any time. The in-app Credits do not have an equivalent value in real currency and do not act as a substitute for real currency. You acknowledge and agree that we may revise or take action that impacts the perceived value or purchase price of the in-app Credit, etc. at any time except as prohibited by applicable law. The in-app Credit, subscriptions, etc. may terminate in accordance with the terms and conditions of this Agreement when we cease providing the Software, or this Agreement is otherwise terminated. These in-app Credits, subscriptions, etc. do not constitute or confer upon you any personal property right. Sidechef in-app credits are not a bank account. Sidechef reserves the right to stop providing the Services at any time either permanently or temporarily, without Sidechef’s obligation to make any compensation or refund, in the events described in 7.1 below, or, of reasonable notice.

    7.1 events

    • [7.1.1] If User violates any provision of Terms of Service (including these terms) or there is any reasonable suspicion of User’s failure to comply with them.
    • [7.1.2] If Sidechef ceases offering the Services and/of their part.

    Deactivation or deletion of the Account by the User leads to termination of the Terms and Conditions (including these Terms). Unless applicable law requires otherwise, Sidechef is not required to provide refunds, benefits, or other compensation if the User requests the deletion of an Account, or if an account is deleted in accordance with clause 7.1 of these Terms.
  28. Electronic Communications When you use our Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on SideChef.com or SideChef App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted under these Terms of Services, SideChef’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may provide SideChef with notices only by mail to the address indicated below: SideChef Inc. 3414 Mira Vista Circle, San Jose, CA 95132.
  29. Governing Law; Jurisdiction. These Terms of Services is governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and SideChef agree that, except as provided herein, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to these Terms of Services or your use of our Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, and without waiving any other remedies available under these Terms of Service, SideChef shall be allowed to apply for equitable remedies (including injunctions) in any court of competent jurisdiction. You agree that any cause of action you may have arising out of or related to these Terms of Service or the Services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

  30. Arbitration.

    Please read the following paragraphs carefully because they require you and SideChef to agree to resolve all disputes between you and SideChef through binding individual arbitration.

    In the event of a dispute arising under or relating to these Terms of Service (“Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in San Francisco or Los Angeles County, California. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. This Section 29 will survive the termination of your relationship with SideChef.

  31. Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  32. General.

    These Terms of Service make up the entire agreement between you and SideChef regarding SideChef Services, and supersedes any prior agreements. If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms of Service, it will not be considered a waiver. Any waiver of these Terms of Service must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms of Service to anyone else without the prior written consent of SideChef. All of the rights and obligations of SideChef under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Unless otherwise expressly set forth herein, these Terms of Service do not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing SideChef Services.