Terms of Service

Last Updated: 08/25/2023

THESE TERMS OF USE ARE A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU (“USER” OR “YOU”), AND ARTISTIC EATING INC. (GOURMEAL), A DELAWARE CORPORATION (“GOURMEAL” OR “WE” OR “US” OR “OUR”). BEFORE YOU MAY USE THE GOURMEAL APPLICATION (THE “APP”) AND IN ORDER TO USE THE APP AND ANY FEATURES, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT SELECT “I ACCEPT.” SELECTING “I ACCEPT” WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO BE ABLE TO USE THE APP.

Gourmeal reserves the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide you with notice of such changes through the App or by updating the “Last Updated” date at the beginning of this Agreement. By continuing to use the App you confirm your acceptance of the revised Agreement and all of the terms incorporated therein by reference. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when your use the App. If you do not agree to the revised Agreement, you may not use and must uninstall the App from your device.

Definitions.

(a) “Credentials” means your (i) user name and password and (ii) any other information associated with your access to and use of the App.

(b) “Intellectual Property Rights” means all United States and worldwide trademarks, service marks, trade names, trade dress, logos, copyrights, rights of authorship, inventions, moral rights, patents, rights of inventorship, all applications, registrations and renewals in connection with any of the above, database rights, know-how, trade secrets, rights of publicity, privacy and/or defamation, rights under unfair competition and unfair trade practices laws, and all other intellectual and industrial property rights related thereto.

(d) “User Information” means with respect to each User, (i) such User’s name and email address, (ii) such User’s image or likeness and biographical information, and (iii) any other data or content entered or modified on the App by such User.

Registration, Account, And Communications.

To access and use features of the App, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your Credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the App on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the App or your account. You further understand and agree that Gourmeal may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.

By creating an account, you also consent to receive electronic communications from Gourmeal, including through email or by posting notices to the App. These communications may include notices about your account and transactional information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of all electronic communications you receive from us. We may also send you promotional communications by email that we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in such email.

License to Use the App

When you use the App, Gourmeal grants you subject to your compliance with the terms of this Agreement, a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the App for your personal and noncommercial use, solely as expressly permitted by the terms of this Agreement and subject to all the terms and conditions of this Agreement and all applicable intellectual property laws. Neither the App nor any content therein may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the App should be interpreted as granting to you any license or right to use any of content within the App (other than as provided herein) and/or third-party proprietary content on the App without the express written permission of Gourmeal or the appropriate third-party owner, as applicable. Any rights not expressly granted herein are reserved by Gourmeal and Gourmeal’s licensors.

You may not rent, lease, redistribute, sell, sublicense, decompile, reverse engineer, disassemble, or otherwise reduce the App, in whole or in part, to a human-perceivable form for any purpose, including, without limitation, to build a product and/or service competitive with the App. You are not authorized to download any content from the App and if you do, Gourmeal will not be responsible in any way for any damage to your computer system or loss of data that results from such download. Notwithstanding anything to the contrary herein, all rights not specifically granted in the licenses set forth above shall be reserved and remain always with Gourmeal.

License to Use Your User Information

You hereby grant to Gourmeal an irrevocable, non-exclusive, non-transferable license to copy, use, publicly display and transmit your User Information only from and via the App in connection with the use of the App and the operation of Gourmeal’s business and in all forms of media now known or hereafter invented without notification to and/or approval by you. Further, if you provide any suggestions, input, or other feedback relating to the App, Gourmeal shall have the right to freely and fully exercise and exploit such suggestions, input, or other feedback relating to the App in connection with our business without notice to, approval by, or compensation to you. Accordingly, you hereby grant Gourmeal a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to all rights necessary to incorporate and use your suggestions, input, or other feedback relating to the App for any purpose. You represent and warrant that you are the owner of and/or otherwise have the right to provide all your User Information made available to us through the App, including, but not limited to, all videos, photographs and/or other materials and/or content that you submit, upload, post, publish, and/or otherwise disseminate in connection with your use of the App.

You agree that Gourmeal may act in reliance upon any User Information you provide. We will not be required to inquire into the truth or evaluate the merits of any User Information or any statement or representation you provide. You will take all reasonable precautions to prevent unauthorized use of your Credentials. Any person using your Credential is conclusively deemed to have actual authority to use the App, and, accordingly all such uses of the App using your Credential are hereby authorized by you.

Trademarks.

“Gourmeal,” the Gourmeal logo, and any other Gourmeal trademarks or service names, logos or slogans that may appear on the App are trademarks of Gourmeal and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the look and feel of the App, including, without limitation, all custom graphics, button icons and presentation of User Information, constitute the service mark, trademark or trade dress of Gourmeal and may not be copied, imitated or used, in whole or in part, without our prior written permission.

Intellectual Property Rights

Unless otherwise indicated in writing by us, the App and all content therein, and all modifications and derivative works thereof, and all Intellectual Property Rights related thereto are the property of Gourmeal or our licensors (including Users with respect to their specific User Information), as the case may be. The copying, redistribution, use or publication by you of any of the content in the App (other than your specific User Information) or any part of the App, is strictly prohibited. You shall not challenge, contest or otherwise impair Gourmeal’s ownership of the App or the validity or enforceability of Gourmeal’s Intellectual Property Rights related thereto.

Confidentiality.

(a) Definition of Confidential Information. For purposes of this Agreement, Confidential Information means any and all information, trade secrets and know-how of or data about Gourmeal, its clients, or their operations and other matters of a confidential or proprietary nature, including, without limitation, the App or any part of the App (other than your specific User Information), but shall not include any of the following information:

(i) information which was known to User, prior to receipt from Gourmeal, as evidenced by User’s written records;

(ii) information which can be shown to have been in the public domain or generally known to the trade at the time of receipt from Gourmeal;

(iii) information which, other than by breach of this Agreement, can be shown to have entered the public domain or becomes generally known;

(iv) information which is disclosed to User by a third party unrelated to either party who is free to make such disclosure; or

(v) information which is required to be disclosed by law, regulatory, administrative or judicial order.

(b) Prohibited Use. User shall not disclose, communicate or otherwise make available to any third party, and shall not use or deal with in any manner (except as permitted by this Agreement) any Confidential Information; provided, however, for any Confidential Information that constitutes a trade secret of Gourmeal, the above obligations shall continue for as long as the same remains a trade secret of Gourmeal notwithstanding any limitation or exceptions provided herein.

(c) Enforcement Rights. User agrees that the Confidential Information is vital to the business interests of Gourmeal and that any disclosure or unauthorized use thereof would cause irreparable harm. Gourmeal may specifically enforce the obligations of User under this paragraph, by injunction or otherwise, in addition to and not in limitation of any other remedies that it may have at law or in equity.

User Conduct.

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the App. You agree that you will abide by this Agreement and will not:

(a) Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

(b) Use the App in any communication of a sexual nature or in any communication that is offensive or otherwise unwanted by the recipient;

(d) Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the App or that could damage, disable, overburden or impair the functioning of the App in any manner;

(e) Reverse engineer any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to secure access and integrity of the App;

(f) Attempt to access any feature or area of the App that you are not authorized to access;

(g) Develop any third-party applications that interact with User Information or the App without our prior written consent;

(h) Use the App for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.

If your conduct on our App violates our standards, or any other terms and conditions of this Agreement, or interferes with other User’s enjoyment of the App, or is inappropriate in our judgment, we reserve the right, in our sole discretion, to terminate or suspend your access to the App. Gourmeal will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with User Information.

Please review our Privacy Policy, which is located at [https://gourmeal-terms-and-privacy.s3.amazonaws.com/Gourmeal-TermsAndConditions.pdf] and incorporated into this Agreement by reference. By using the App, you are consenting to the terms of our Privacy Policy.

Returns and Refunds.Gourmeal does not accept returns of items purchased through the App and does not offer refunds for items purchased through the App. If you would like to return an item purchased through the App, please contact the vendor that provided the item you would like to return to inquire regarding the vendor’s return and refund policy.

Warranties.

You hereby represent and warrants to Gourmeal that: (i) you have the right and authority to enter into and perform your obligations under this Agreement; and (ii) you have the right to grant the licenses set forth above; and (iii) you own all of your User Information.

Warranty Disclaimer.

THE APP AND ALL PARTS THEREOF AND ANY ITEMS PURCHASED THROUGH THE APP ARE PROVIDED BY GOURMEAL ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. USE OF THE APP IS AT YOUR SOLE RISK AND NEITHER GOURMEAL NOR ANY OF ITS LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED. NEITHER GOURMEAL NOR ANY OF ITS LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AND GOURMEAL HEREBY DISCLAIMS, ON ITS BEHALF AND ON BEHALF OF ITS LICENSORS, SUPPLIERS, EMPLOYEES AND AGENTS, ANY AND ALL WARRANTIES REGARDING THE APP, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOURMEAL MAKES NO WARRANTY REGARDING ANY USER INFORMATION ACCESSED THROUGH THE APP. GOURMEAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, CONTENT, AND/OR ANY OTHER CONTENT ON THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT GOURMEAL) ASSUME THE ENTIRE RISK OF PROVIDING ANY OF YOUR USER INFORMATION OR OTHERWISE RELATING TO YOUR USE OF THE APP, CONTENT, AND/OR OTHER CONTENT ON THE APP. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GOURMEAL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF GOURMEAL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, CONTENT PROVIDED ON OR THROUGH THE APP. GOURMEAL ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE APP. GOURMEAL ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE APP, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL GOURMEAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED $100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.

You will indemnify and hold harmless Gourmeal from and against any and all third-party claims, suits, actions, demands and proceedings against Gourmeal and all losses, costs and liabilities related thereto arising out of or related to any breach of this Agreement by you.

Termination.

Your rights under this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement. Further, Gourmeal reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the App or content offered on or through the App (or any part thereof). Gourmeal will have no liability whatsoever on account of any change to the App or any suspension or termination of your access to or use of the App. You may terminate this Agreement at any time by closing your account and ceasing use of the App.

Upon termination of this Agreement for any reason or no reason: (a) your right to use the App will terminate and you must immediately cease all use of the App; and (b) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement.

Gourmeal reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including, without limitation, the right to block use of the App from a particular device and/or IP address.

Miscellaneous.

(a) Independent Contractors. The relationship between you and Gourmeal is only that of independent contractors. Neither of us is the agent or legal representative of the other, and neither of us has the right or authority to bind the other party in any way. This Agreement creates no relationship as partners or a joint venture, and creates no pooling arrangement.

(b) Assignment. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void.

(c) Severability. If any provision, or part thereof, of this Agreement is judicially declared invalid, void or unenforceable, each and every other provision, or part thereof, nevertheless shall continue in full force and effect, and the unenforceable provision shall be changed or interpreted so as best to accomplish the objectives and intent of such provision within the limits of applicable law.

(d) Entire Agreement. This Agreement constitutes the entire agreements between the parties regarding the subject matter hereof, and supersede all prior or contemporaneous understandings or agreements, whether oral or written regarding the subject matter hereof.

(e) Governing Law and Venue. This Agreement shall be interpreted and enforced according to the laws of the State of Delaware, without application of its conflicts or choice of law rules. Both parties irrevocably submit to the jurisdiction of the state or federal courts located in Delaware, for any action or proceeding regarding this Agreement, and both parties waive any right to object to the jurisdiction or venue of the courts in Delaware. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

(f) No Waiver. The failure of either party to enforce any of its rights hereunder or at law shall not be deemed a waiver or a continuing waiver of any of its rights or remedies against the other party, unless such failure or waiver is in writing.

(g) Arbitration. Any controversy or claim between the parties or arising out of this Agreement or its performance shall be determined by one arbitrator in binding arbitration. The arbitration shall be conducted by the Judicial Arbitration and Mediation Services (or its successor entity) (“JAMS”) under its rules of arbitration then in effect, except as modified in this Agreement. If the parties are unable to agree on an arbitrator, the arbitrator shall be selected in accordance with the JAMS rules, or if the JAMS rules do not provide for such selection, by the chief executive of JAMS. The parties and the arbitrator shall use all reasonable efforts to complete any such arbitration within ninety (90) days. The parties agree that the decision of the arbitrator shall be the binding remedy between them regarding the dispute presented to the arbitrator. Unless otherwise mutually agreed upon by the parties, the arbitration proceedings shall be conducted in Delaware. The parties agree that they shall share equally the cost of the arbitration filing and hearing fees, the cost of the independent expert retained by the arbitrator and the cost of the arbitrator and administrative fees of JAMS. Each party shall bear its own costs and attorneys’ and witnesses’ fees and associated costs and expenses.

(h) Contact. If you have any questions regarding this Agreement, please contact us at hello@gourmeals.co.

(i) Corrections. Occasionally there may be information on the App that contains typographical errors, inaccuracies or omissions. Gourmeal reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

(j) Headings. The headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement.

(k) Acknowledgement. BY CLICKING ON THE “I ACCEPT” BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE, INCLUDING OUR PRIVACY POLICY.