Terms of Use | Queatis

QUEATIS Terms of Use

Effective from January 2023

Welcome! The digital recipe and cooking platform QUEATIS® is a collaborative space that allows users to discover, discuss, and share information about everything related to food. It also provides features to help users manage ingredients and cooking through the QUEATIS website ("Site") or the application (e.g., our iOS or Android applications) ("App"). These terms and conditions ("Terms") govern your access to the Services and their use (as described below), as well as any information, text, graphics, videos, or other materials appearing in the Services (collectively referred to as "Content"). Your access to the Services and their use is expressly conditioned on your compliance with these Terms. Additional recommendations, conditions, or rules may apply to other features, services, or tools of the Services and will be posted along with these features as part of these Terms. By accessing or using the Services, you agree to comply with these Terms.

For our QUEATIS paid subscribers, please review the QUEATIS subscription terms.

THIS AGREEMENT INCLUDES A WAIVER OF CLASS ACTION/JURY TRIAL. EXCEPT AS PROHIBITED BY LAW, THIS WAIVER RENOUNCES YOUR RIGHT TO USE JURY TRIALS OR CLASS ACTIONS.

By accepting these Terms, you explicitly agree to abide by this agreement, including the provision regarding the waiver of class action/jury trial. If you do not agree with the terms and conditions of this agreement, you may not access or use the Services and must immediately cease any use of the Services.

Use of the Services

Services may change from time to time without prior notice to you, and we may terminate (permanently or temporarily) the provision of Services (or any features within the Services) to you or users in general without prior notice.

License to Use the Services

Subject to your compliance with these Terms, QUEATIS grants you a non-exclusive, non-transferable, single-user license to download and install one (1) copy of the App on your mobile device, tablet, and/or computer, as well as access and use the Services solely for your personal use. You are not allowed to: (i) copy, modify, or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent, or otherwise distribute the Services to any third party; (iii) decompile, reverse engineer, disassemble, or create derivative works of the Services; (iv) provide the functionalities of the Services to multiple users in any way; or (v) use the Services in any unlawful manner, for any unlawful purposes, or in any way incompatible with these Terms.

Account Registration

To access, use, or receive certain Services, you may register and create an account ("Account") and become a Registered User by registering through our Site or App or by using your account on a third-party social networking site, such as Facebook (social network site). By creating an Account, you confirm that you are of legal age to enter into a binding contract and are not a person prohibited from receiving services under U.S. law or other applicable jurisdiction. When creating an account, you will need to provide certain personal information about yourself and set a username and password. You may also have the option to provide certain personal information about other people in your household so that we can link them to your Account or so that you can otherwise represent them through your Account. We reserve the right to suspend or terminate the operation of your Account if any information provided during or after registration is found to be inaccurate, false, or misleading.

Passwords

You are responsible for safeguarding your password that you use for your Account and for any actions or activities under your Account or with your Smart Products, whether or not you have authorized such actions or activities. QUEATIS is not responsible for any losses or damages resulting from your failure to comply with the above requirements.

To provide you with certain Services, you have the option to log in to QUEATIS using your username/login and password on various social networking sites or other online sites and accounts that you wish to link to your account. If you choose to log in using one of these other accounts, you grant QUEATIS permission to access these accounts solely to the extent necessary to provide these Services. You may also link your accounts on other social networking sites or other websites to your QUEATIS account so that QUEATIS can provide certain Services. If you link accounts, you grant QUEATIS permission to store information (such as usernames of your social media account) to the extent necessary to provide the Services.

Privacy

Any personal information you provide to QUEATIS is governed by our Privacy Notice, which regulates the collection and use of your personal information. As part of providing you with Services, we may need to provide you with certain messages, such as service announcements and administrative messages. These messages are considered part of the Services and your Account, and you cannot opt out of receiving them.

Content in the Services

QUEATIS is a space where many registered users and other content publishers can write, add, and edit content through the Services. While we want QUEATIS to be a collaborative space where users and publishers can share helpful and interesting information about food, QUEATIS is not responsible for verifying and/or checking the information provided in the Services or through them, and we make no warranties that this information, even if accurate, is complete, reliable, or safe for practice. Sometimes registered users post content unrelated to food or containing recipes for products not intended for human consumption. You agree to use QUEATIS content at your own risk.

Services may include advertisements or other forms of content sponsored by third parties (emails, blog posts and articles, recipes, ingredients, grocery stores, etc.). We hope you enjoy the content we show you, and want you to know that QUEATIS may receive compensation for some sponsored content available through the Services, or may receive compensation if you click on links associated with this content. The offerings we show you may be changed without prior notice. Sponsored content may be tailored to the content or information about the Services, requests you make through the Services, information we learn about you, or other information. The types and volume of sponsored content in the Services may change. By accepting QUEATIS's provision of access to the Services and their use, you agree that QUEATIS and its third-party collaborators may place such advertising or sponsored content in the Services or alongside the Content, including in cases where the Content is provided by you or other individuals.

QUEATIS may provide content, including recipes, intended for people following a specific diet or with certain diseases. They are provided solely for informational purposes and convenience and are not intended (and are not) as dietary, nutritional, medical, or food safety advice. Before starting any dietary program, you should consult with a doctor or dietitian.

Content You Submit

By uploading, posting, sending, or otherwise transmitting any content through the Services, you grant QUEATIS a worldwide, non-exclusive, transferable, royalty-free license with the right to sublicense, use, store, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, and otherwise use such content (in whole or in part) and/or incorporate such content into other works in any form, media, or technology for the purposes of operation, provision, enhancement, and promotion of the Services. You agree that this license includes the right of other users of the Services to access, view, modify, edit, upload, and print any content, such as recipes and images, for their personal and non-commercial purposes. QUEATIS does not claim any ownership rights to your content, and you retain ownership rights to any content you submit, post, or display in the Services or through them.

You are responsible for your use of the Services, any content you provide, and any consequences thereof, including the use of your content by other users. You represent and warrant that you have all the rights, authority, and permissions necessary to grant the rights granted here to any content you submit. We reserve the right at any time and for any reason to remove or refuse to distribute any content you provide through the Services that violates these Terms.

You can delete your content from the Services at any time by deleting it specifically or, if not possible, by sending us a request. If you delete your content, QUEATIS may retain a copy of your content for backup, archiving, or audit purposes and may continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your content that other users have saved or shared through the Services.

Fees and Payment

We may charge fees for the use of certain parts or aspects of our Services, which will be described in the Services and/or these Terms. Fees may be changed at any time. You agree that we may charge your credit card or other payment account for such Services and that you will pay all applicable fees charged to your Account. Our fees do not include fees and charges imposed by your mobile carrier, including for data plans and messaging, which may be required for the use of mobile features of the Services, and you are responsible for paying these fees and charges.

Subscriptions

QUEATIS Subscription is an automatically renewing paid subscription feature in the QUEATIS app and on the QUEATIS website, providing home cooks with enhanced features not available to other QUEATIS users, including (for example) step-by-step recipe instructions and inspiration from influential chefs, as well as advanced meal planning capabilities. We may add or remove features from QUEATIS subscription plans from time to time. Access to QUEATIS features available only through subscription requires automatic subscription renewal, but the overall QUEATIS platform (accessible through the App and Site) remains free to use.

Automatic Renewal of Subscriptions

You can purchase access to the QUEATIS subscription for a specified fee, and your subscription will automatically renew on the billing date until you cancel it. We will automatically deduct the relevant fee (plus any applicable taxes) from your credit card or other payment method in your QUEATIS account in each billing cycle unless you cancel the QUEATIS subscription, as described below.

To avoid being billed for the next subscription renewal period, you must cancel the subscription at least 24 hours before the end of the current subscription period. To cancel the subscription or find out the date of the next renewal or the current cost of the subscription, visit the section with all connected subscriptions on your mobile device.

If you cancel the QUEATIS subscription, your access will end on the last day of the subscription period. To access QUEATIS features available only to subscribers after canceling the subscription, you will need to purchase a new subscription, and other fees, terms, and conditions may apply.

Free Trial and Promotional Offers for Subscriptions

We may offer promotional or free trial offers that provide access to subscriber-only features for a limited time at a discounted rate, as described in connection with each offer. Additional terms may apply to promotional offers or free trial offers. If you subscribe to a free trial or promotional offer, your subscription will automatically convert to a paid one unless you cancel it before the end of the trial or promotional period.

The right to a free trial or promotional offer will be determined by QUEATIS at our discretion. We may limit the right to participate or the duration of free trial or promotional offers at any time and for any reason. We reserve the right to revoke any offer and suspend the operation of your account if we determine that you are not eligible to participate in that offer.

Subscription Plans

We may offer various types of subscriptions or access to QUEATIS features available only to subscribers. Some subscription plans may have different terms or restrictions, which will be disclosed in connection with these plans. Information about your QUEATIS subscription can be found on the settings page of your QUEATIS account.

Subscription Payment

You must maintain accurate and up-to-date credit card or other payment information in your Account. You authorize us to debit funds from any credit card or other payment method associated with your account. If payment fails, we may suspend your access to QUEATIS for subscribers until you provide a valid payment method. QUEATIS is not responsible if your subscription is not renewed or expires due to incorrect payment information. You continue to be responsible for any amounts not received.

Note: To process your payment for the QUEATIS subscription, we use Stripe as the payment system for the Site, and Apple (for iOS) and Google (for Android) as the payment systems for the Apps. Accordingly, we will transmit certain payment information to these organizations in accordance with our Privacy Notice. You may also be subject to the Terms of Service and Privacy Policy provided by these organizations.

Cancellation of Subscription:

To cancel your QUEATIS subscription, go to the subscriptions menu on your mobile device and follow the cancellation instructions. You can cancel your QUEATIS subscription at any time; you will continue to have access to subscriber-only features until the end of the current billing period.

If you subscribed to QUEATIS through an app provider (e.g., Apple App Store or Google Play Store) and wish to cancel the subscription, you will need to cancel it through that app provider—such as by visiting your account with the respective app provider and turning off the "auto-renewal" option. Your app provider may also provide additional payment information about the QUEATIS subscription through your account with that app provider.

If you cancel your QUEATIS subscription, you will still have access to free content in your QUEATIS account.

We may terminate, restrict, or suspend your access to your QUEATIS subscription without credit or refund for any reason at our sole discretion, including if we determine that your activity violates these Terms, is unlawful, involves fraud or misuse, or harms or interferes with our interests or the interests of any other person.

Changes to Content or Features in Subscriptions:

We want the content and features you enjoy to be available through our QUEATIS subscription, but there are many reasons why it may be necessary to modify or remove certain content or features. All QUEATIS content and features available only to subscribers may be changed or removed at any time without prior notice. Deleting content does not entitle you to a refund (full or partial) of the subscription cost.

Refunds for QUEATIS Subscriptions:

The fee for a QUEATIS subscription is non-refundable, except where prohibited by applicable law. If you cancel your QUEATIS subscription, you will not receive a refund or credit for the unused portion of the QUEATIS subscription access for that month.

Deleting Your QUEATIS Account:

If you want to delete your QUEATIS account, you may need to cancel your QUEATIS subscription before your account is deleted. Simply deleting the QUEATIS app from your device will not cancel your subscription to QUEATIS subscription features.

Right to Participate and Restrictions on the Use of QUEATIS Subscriptions:

To subscribe to QUEATIS, you must be a U.S. resident, be at least 18 years old or have reached the age of majority in your jurisdiction. You are allowed to use QUEATIS subscription features only for personal, non-commercial purposes, and you do not have the right to share QUEATIS subscription features with individuals outside your household. You may download recipes, ingredient lists, and cooking instructions for personal use, but QUEATIS subscription video content is for streaming use only and cannot be downloaded to any devices. You agree not to circumvent, remove, modify, or violate any content protection measures in the QUEATIS App or on the QUEATIS Site.

Sponsored Content and Advertising in QUEATIS Subscriptions:

QUEATIS wants you to be aware that certain content available in your QUEATIS subscription may be sponsored by third-party advertisers or contain third-party advertisements. QUEATIS may also promote and advertise its products or services through QUEATIS subscriptions. Additionally, personalities or chefs featured in QUEATIS subscription content may have an interest in encouraging users to subscribe to QUEATIS and visit their QUEATIS subscriber content.

DMCA/Copyright Policy:

QUEATIS respects copyright law and expects the same from its users. QUEATIS' policy involves terminating the accounts of account owners who repeatedly infringe or are believed to repeatedly infringe the rights of copyright owners. For additional information, refer to QUEATIS' Copyright Policy.

Third-Party Services:

The Services also contain links to third-party websites, resources, and services provided by third parties. QUEATIS is not responsible for: (i) the availability or accuracy of such services; or (ii) information, products, or services available from or through such third parties. The availability of such third-party services does not imply any endorsement by QUEATIS. You are responsible for and assume all risks arising from your use of any third-party services or reliance on them.

General Prohibitions:

Please review these posting rules on QUEATIS (which are part of these Terms) to better understand what is prohibited in the Services. You agree not to post, upload, transmit, or otherwise make available content that: (i) is advertising or recommending a product or service without explicit written permission from QUEATIS; (ii) is useless or of no value to others; (iii) is knowingly false or intended to mislead, confuse, or deceive others; (iv) advocates illegal or harmful activities or substances; (v) contains items that the U.S. Consumer Product Safety Commission has determined to be hazardous to consumers and, therefore, subject to recall; (vi) is harassing, threatening, or offensive to others; (vii) violates the privacy, publicity, moral, or any other property rights of others; (viii) is defamatory, indecent, pornographic, vulgar, or offensive; or (ix) otherwise violates these Terms.

You also agree not to do any of the following when accessing the Services or using them: (i) attempt to access, interfere with, or use closed areas of the Services, QUEATIS' computer systems, or technical delivery systems of QUEATIS providers; (ii) collect and use information, such as other users' names, real names, email addresses, or other information available through the Services, to transmit any unwanted advertising, unsolicited emails, spam, or other forms of solicitation; (iii) use the Services for any commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms; (iv) violate any applicable law or regulation; or (v) encourage or permit any other person to do any of the foregoing.

We reserve the right to investigate and prosecute violations of any of the above and/or bring legal action against users violating these Terms. You acknowledge that QUEATIS is not obligated to monitor your access to the Services or their use but has the right to do so for the purposes of operating the Services, ensuring your compliance with these Terms, or compliance with applicable law, court order, or government request.

Ownership:

The services are protected by copyright, trademarks, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, QUEATIS and its licensors exclusively own all rights, titles, and interests in the services, including all related intellectual property rights. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the services. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding QUEATIS or the services ("Feedback") will be the sole and exclusive property of QUEATIS, and you hereby irrevocably transfer all your rights, titles, and interests in and to any Feedback.

Subject to your compliance with the terms of these Terms, QUEATIS grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the services and to download and print any content provided by QUEATIS solely for your personal and non-commercial purposes. You have no right to use, copy, adapt, modify, create derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, stream, broadcast, or otherwise exploit the services or content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by QUEATIS or its licensors, except for the licenses and rights expressly granted in these Terms.

Additionally, certain content may be provided through the services under a Creative Commons license. You may copy, modify, and distribute such Creative Commons-licensed content outside the services only in compliance with the terms of the applicable Creative Commons license under which such content was made available.

Termination:

You may terminate your account at any time by deactivating your account or by notifying us of termination. If you violate any of these Terms, QUEATIS reserves the right to suspend, disable, or terminate your access to the services or their use, at its discretion and without prior notice to you. QUEATIS shall not be liable to you or any third party for the termination of your access or use of the services. Any suspension or termination will not affect your obligations to QUEATIS under these Terms (including, without limitation, ownership, confidentiality, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

App Stores:

When downloading the mobile application through Apple App Store, Google Play, or another app store or distribution platform (each, an "App Store Provider"), you acknowledge and agree that: (i) these Terms are between us and not with the App Store Provider, and that we (not the App Store Provider) are responsible for our software; (ii) the App Store Provider has no obligation to provide any maintenance and support services regarding our application or handle any warranty claims; (iii) the App Store Provider is not responsible for addressing any claims you have or any third-party claims related to our application, such as product liability claims, consumer protection claims, intellectual property infringement claims, or any claims that our application fails to comply with any applicable legal or regulatory requirements; (iv) the App Store Provider is a third-party beneficiary of these Terms regarding your license to our application, and the App Store Provider will have the right to enforce these Terms regarding your license to our application against you; and (v) you must also comply with all applicable third-party terms of service when using our application.

Services are Provided "AS IS":

You understand and agree that the services and content, as well as all materials, information, products, and services included in them, are provided to you "AS IS" and "AS AVAILABLE." Without limiting the foregoing, QUEATIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. You use the services at your discretion and at your own risk. QUEATIS is not responsible for any damage to your computer, mobile device, or tablet, loss of data, or any other harm resulting from your use of the services. QUEATIS makes no representations and warranties about the accuracy, timeliness, truthfulness, completeness, or reliability of any content provided through the services, any information, goods, or services promoted or displayed through the services, or any transactions entered into through the services.

Content, including recipes and all related information and comments available through the services, as well as any ingredient management or food preparation features, are intended solely for informational and convenience purposes and are not intended (and should not be construed) as dietary, nutritional, or food safety advice or recommendations specifically for you, and any oral or written advice or information obtained from QUEATIS or through the services does not create any warranties not expressly stated herein. You are solely responsible for ensuring that all dishes you prepare are prepared properly, for monitoring the operation of your appliance, and for the readiness of your dishes. You agree that QUEATIS is not responsible for any harm or damage (including illness) that you or anyone else may experience as a result of consuming food prepared using the services. You also agree that QUEATIS is not responsible for any harm or damage that you may incur as a result of instructions not reaching your device, leaving your device unattended, or malfunctioning of any service or your device.

You also assume sole responsibility for all your communications and interactions with other users of the services and other individuals with whom you communicate or interact as a result of your use of the services.

Compensation:

You agree to defend, indemnify, and hold QUEATIS, its officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable legal and accounting fees, arising out of or in any way connected with your access to the services or their use or your violation of these Terms.

Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUEATIS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, ANY GOODWILL, PERSONAL OR BODILY INJURY, OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO OR USE OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) 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; AND (V) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT QUEATIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exceptions:

In some jurisdictions, the exclusion of certain warranties or the exclusion or limitation of liability for indirect or consequential damages is not allowed, so the above limitations may not apply to you.

General:

These Terms will be governed and interpreted in accordance with the laws of the state of Delaware, without regard to or application of its conflict of law principles. QUEATIS's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms and our Privacy Notice constitute the entire and exclusive agreement between QUEATIS and you regarding the services, and these Terms supersede any prior agreements between QUEATIS and you regarding the services. We may revise these Terms from time to time. By continuing to access or use the services after those revisions become effective, you agree to be bound by the revised Terms.

CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING PROVISION CAREFULLY. YOU AGREE TO WAIVE YOUR RIGHT TO RECEIVE REMEDY OR DAMAGES AS A CLASS MEMBER OR THROUGH JURY TRIALS.

In this provision on class action waiver/jury trial waiver, the terms "You" and "Your" include you, your heirs, surviving spouses, representatives, subsidiaries, affiliates, agents, employees, interest predecessors, successors, and assigns.

If you intend to initiate legal proceedings, you must first notify QUEATIS by contacting our Customer Service Center at queatisfood@gmail.com ("Notice") and attempt to resolve your claim. If you and/or affiliated parties do not reach an agreement to settle your claim within 30 days of providing the Notice, either party may proceed with litigation in accordance with this Agreement.

EXCEPT AS PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION. YOU AND WE EXPRESSLY WAIVE ANY RIGHTS TO BRING CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS AGAINST WHIRLPOOL AND/OR AFFILIATED PARTIES.

EXCEPT AS PROHIBITED BY LAW, YOU AND WE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL REGARDING ANY CLAIMS.

If any part of this class action waiver/jury trial waiver is found to be unlawful, void, or for any reason unenforceable, that part will be deemed severed from this Agreement, and such severance will not affect the validity and enforceability of the remaining provisions of this Agreement.

Applicable Law:

This Agreement is governed and construed in accordance with the laws of the state of Wyoming, USA, without regard to its conflict of law principles, regardless of your location.

If you have any questions about these Terms or QUEATIS in general, please write to queatisfood@gmail.com.

If you have questions about subscribing to QUEATIS, contact us at queatisfood@gmail.com. However, if you have questions about the payment of your QUEATIS account and registered through an app provider, you must contact that app provider.