This End User Legal Agreement (“Agreement”) is a legally binding agreement between you (“User” or “you”) and Allcooks (“Company,” “we,” “us,” or “our”). By downloading, installing, accessing, or using the Allcooks mobile application (“App”), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not use the App.
1. License Grant:
The Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App solely for your personal, non-commercial use, subject to the terms of this Agreement.
2. Eligibility:
You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this Agreement.
3. Account Registration:
To access certain features of the App, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. User Content:
a. Ownership: You retain all rights to any content you post, upload, or otherwise make available through the App (“User Content”). By providing User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the App and the Company’s business.
b. Responsibility: You are solely responsible for your User Content. You agree not to post any content that is unlawful, harmful, offensive, or otherwise inappropriate. The Company reserves the right to remove or modify User Content at its sole discretion.
5. Prohibited Uses:
You agree not to:
a. Use the App for any illegal or unauthorized purpose. b. Interfere with or disrupt the operation of the App or servers or networks connected to the App. c. Use any automated system, such as bots or spiders, to access the App. d. Attempt to gain unauthorized access to the App or other users’ accounts. e. Impersonate any person or entity or misrepresent your affiliation with a person or entity.
6. No Tolerance for Objectionable Content or Abusive Users:
The App has a zero-tolerance policy for objectionable content or abusive users. Any user found to be engaging in the creation, transmission, or promotion of objectionable content or abusive behavior will be subject to immediate termination of their account without notice and may be reported to appropriate legal authorities if necessary.
7. Intellectual Property:
The App and its content, including but not limited to text, graphics, logos, and software, are the property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any part of the App without the Company’s prior written permission.
8. Privacy Policy:
Your use of the App is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. Please review the Privacy Policy to understand how we collect, use, and protect your information.
9. Disclaimer of Warranties:
The App is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the App will be uninterrupted or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components.
10. Limitation of Liability:
To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the App; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the App; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App; and/or (f) the defamatory, offensive, or illegal conduct of any third party. In no event shall the Company’s total liability to you for all claims exceed the amount paid by you to the Company, if any, for accessing the App.
11. Indemnification:
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the App, your User Content, or your violation of this Agreement.
12. Termination:
The Company may terminate or suspend your account and access to the App at any time, without prior notice or liability, for any reason, including if you breach this Agreement. Upon termination, your right to use the App will immediately cease.
13. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in [Jurisdiction], and the parties irrevocably consent to the personal jurisdiction and venue therein.
14. Changes to this Agreement:
We may modify this Agreement from time to time. If we make material changes, we will notify you by email or through the App. Your continued use of the App after such modifications constitutes your acceptance of the revised terms.
15. Miscellaneous:
a. Entire Agreement: This Agreement constitutes the entire agreement between you and the Company regarding the use of the App and supersedes any prior agreements between you and the Company.
b. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
c. Waiver: No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact Us:
If you have any questions about this Agreement, please contact us at support@allcooksapp.com.
By using the Allcooks App, you acknowledge that you have read, understood, and agree to be bound by this End User Legal Agreement.