Terms of Service

2. Descriptions of Products & Services

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted in the Services are subject to change at any time without notice.

Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.

The inclusion of any products or services on the Services does not imply or warrant that these products or services will be available.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, and use of any item purchased from this Services.

Any information provided by us or by users regarding the products or otherwise (e.g. product descriptions, ingredients, nutritional content, health implications, promotional videos, blog posts, or instructions) is for informational purposes only. We do not lab test any of the products. You should not take any action based entirely upon information presented through the Services. Use of the Services is not meant to serve as a substitute for professional advice or for your own diligent research of a food product and its suitability for your body. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings, including for food allergen and contact information, nutrient content, qualified health claims, and disclaimers regarding food structure and function claims, before using or consuming a food product. For additional information about a food product, please contact the manufacturer.

You should also seek independent professional advice when appropriate. You understand that we are not a health care provider, and do not provide any medical advice or medical services. If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Services then the former should take precedence. You should not disregard professional medical advice or delay in seeking it because of something you have seen through the Services. You should not use information obtained through the Services for the diagnosis or treatment of a health problem or disease. Statements provided through the Services have not been evaluated by the FDA, are not intended to diagnose, treat, cure, or prevent any disease or health condition, and do not constitute any medical advice. You understand and agree to use the Services for entertainment only and are not obtaining any information from the Services for health or medical related purposes.

The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on the Services You agree that it is your responsibility to monitor changes to the Services.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF FOOD PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES, MEDICAL CONDITIONS, AND/OR HEALTH CONCERNS YOU MAY HAVE AND FOR VERIFYING THE SUITABILITY OF ALL PRODUCTS AND THEIR INGREDIENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.

3. Your Account

In the course of registering for or using the Services, you may be required to provide Sesame with certain information, including your name, contact information, username and password (“Credentials”). Sesame handles such information with the utmost attention, care and security. Nonetheless, you, not Sesame, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your account changes, you must notify Sesame promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Sesame of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Sesame immediately.

Content

A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Services by Sesame or its suppliers, including other users (“Sesame-Supplied Content”). While Sesame strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, Sesame cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Sesame-Supplied Content. The Sesame-Supplied Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Sesame.

You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, reviews, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as “User Content.”

You agree that you are solely responsible for (and that Sesame has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Sesame may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services. Furthermore, you acknowledge that Sesame does not control or actively monitor Content uploaded by users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Sesame be liable in any way for any such Content.

Sesame may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Sesame may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, Sesame may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that Sesame has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services. Sesame reserves the right (but shall have no obligation) to monitor and remove User Content from the Services, in its discretion. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from Sesame. In the event that you elect not to comply with a request from Sesame to take down certain Content, Sesame reserves the right to directly take down such Content.

By submitting, posting or otherwise uploading User Content on or through the Services you give Sesame a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:

With respect to User Content that you submit, post or otherwise make publicly or generally available via the Services (e.g. public forum posts and product reviews), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and with respect to User Content that you submit, post or otherwise transmit privately via the Services, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Sesame to provide you with the Services.

4. Proprietary Rights

You acknowledge and agree that Sesame (or Sesame’s licensors) own all legal right, title and interest in and to the Services and Sesame-Supplied Content and that the Services and Sesame-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Except as provided in Section 4, Sesame acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Sesame, you agree that you are responsible for protecting and enforcing those rights and that Sesame has no obligation to do so on your behalf.

5. License from Sesame and Restrictions on Use

Sesame gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services for the sole purpose of your personal, non-commercial use, in the manner permitted by these Terms.

You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Sesame, in writing (e.g., through an open source software license); or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.

You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.

You may not purchase products through the Services for commercial purposes, such as for resale or export of the products.

You may not access the Services for the purpose of bringing an intellectual property infringement claim against Sesame or for the purpose of creating a product or service competitive with the Services. You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, “scrape,” “data mine” or in any way gather Content from the Services.

You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Sesame, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 18, as the Services are not intended for children under 18.

6. Pricing Terms

We may offer premium versions of the Services (the “Premium Services”) for a fee. Premium Services give you access to enhanced features, services and functionality. By signing up for and using the Premium Services, you agree to these Terms, including but not limited to paying fees or other incurred charges that apply to the Premium Services, such as ongoing subscription fees.

Although we do not warrant that the quality of the Premium Services will meet your expectations, we encourage you to send feedback so we can continue to improve the Services, including the Premium Services.

We may elect to offer payment options for Premium Services on a monthly or annual basis. Unless otherwise stated, all fees due for the Premium Services are payable in advance, and will be billed automatically at the start of the monthly or annual Premium Service period, as applicable. All purchases of Premium Services are final and non-refundable.

Your subscription for Premium Services will auto-renew unless you elect to cancel your subscription. Subscriptions purchased via our iOS app are managed solely by Apple and we cannot assist with any cancellation or refund requests. Likewise, subscriptions purchased via our Android app are managed solely by Google and we cannot assist with any cancellation or refund requests. Additionally, by purchasing Premium Services through a distribution channel such as the Apple App Store and/or Google Play Store, you may be subject to additional terms from the corresponding distribution channel.

When your subscription for Premium Services ends, your account will remain and become a free subscription. You can renew the Premium Services at any time without opening a new account, although the subscription fees may have increased.

To the maximum extent permitted by applicable laws, we may change our prices for Premium Services at any time, both during and after your subscription. We will attempt to give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Premium Service and/or on our website. If you do not wish to pay the new prices, you must cancel the applicable Premium Service prior to the change going into effect.

Sesame may choose to operate as a global business, and pricing may vary by a number of factors. We may offer promotional rates – which can vary based on region, length of subscription, and more. We also regularly test new features and payment options. Please note that we do not offer price protection or offer refunds in the event of a price drop or promotional offering.We reserve the right to refuse to provide Premium Services to any account due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

7. Privacy Policy

These Services are provided in accordance with our Privacy Policy, which can be found here. You agree to the use of your User Content and personal information in accordance with these Terms and Sesame’s Privacy Policy.

8. Modification and Termination of Services

Sesame is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Sesame provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.

You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.

You agree that Sesame, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Sesame will not be liable to you or any third party for such termination.

Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

9. Changes to the Terms

These Terms may be amended or updated from time to time without notice and may have changed since your last use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.

10. DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

SESAME, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SESAME, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.

NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT SESAME’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

11. LIMITATION OF LIABILITY

SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SESAME, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THE LIMITATIONS ON SESAME'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT SESAME HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SESAME'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID TO SESAME IN RELATION TO THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. THE LIMITATIONS SET FORTH IN THIS SECTION 12 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

12. Indemnification

You agree to hold harmless and indemnify Sesame, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Sesame and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

13. Availability of Products and Services; International Issues

Sesame controls and operates the Services from its U.S.-based offices in the U.S.A., and Sesame makes no representation that the Services are appropriate or available for use beyond the U.S.A. If you use the Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Services may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Services A\and/or the provision of any content, program, product, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.

14. Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent:

Copyright Agent

Sesame App

Spoonful Inc.

2930 Domingo Ave #1121

Berkeley, CA 94705

United States

support@sesameapp.com

15. Third Party Content

The Services may include references or hyperlinks to other web sites or content or resources or email content. Sesame has no control over any websites or resources which are provided by companies or persons other than Sesame.

You acknowledge and agree that Sesame is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that Sesame is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

16. Third Party Software

The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

17. Feedback

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Sesame under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

18. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Sesame to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Sesame must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Except for claims for injunctive relief by either party, Any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services shall be finally settled by binding arbitration in San Francisco County, California under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. Where arbitration is not required by these Terms, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND SESAME, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS. YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST SESAME THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE ORDER.

19. Contact Us

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: support@sesameapp.com.

When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.