Terms of Service
END USER LICENSE AGREEMENT
Last Updated: January 1, 2024
This End User License Agreement ("Agreement") is a binding legal agreement between you (the "End-User") and Eatsy, Inc., a company registered and located at 7F, No. 53, Section 4, Zhongxiao East Road, Da'an District, Taipei City, Taiwan, 1069 ("Licensor"). This Agreement governs your use of the Eatsy application ("Licensed Application").
By downloading the Licensed Application from the Apple App Store, including any updates thereof (as permitted by this Agreement), you agree to be bound by the terms of this Agreement. The term "Services" in this Agreement refers to the Apple App Store.
The parties acknowledge that Apple is not a party to this Agreement and is not responsible for the Licensed Application or its content. The Licensor, not Apple, is solely responsible for the Licensed Application, including its warranty, liability, maintenance, and support.
This Agreement complies with and does not conflict with the latest Apple Media Services Terms and Conditions (”Usage Rules”). The Licensor has reviewed these rules and confirms that this Agreement is in alignment with them.
The Licensed Application, when purchased or downloaded through the Services, is licensed to you under this Agreement. The Licensor reserves all rights not expressly granted to you. The Licensed Application is intended for use on devices operating Apple's iOS and macOS.
1. THE APPLICATION
Eatsy("Licensed Application") is a dynamic and user-friendly platform, available for iOS and Android devices("Devices"), focused on the world of culinary experiences. It's a community-driven forum where food enthusiasts can explore, discuss, and share insights about various cuisines, restaurants, and food trends. Users can engage by posting descriptions, photos, and ratings of their food experiences, contributing to a rich tapestry of gastronomic knowledge.
Please be aware that Eatsy is not designed to comply with specific industry regulations like the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc. Therefore, if your use requires adherence to such regulations, Eatsy may not be the right choice for you. Additionally, Eatsy should not be used in ways that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 License Grant
You are granted a non-transferable, non-exclusive, and non-sublicensable license to install and use the Licensed Application (Eatsy) on Devices you own or control, as per the Usage Rules. This license allows for the Licensed Application to be accessed by other accounts associated with you, such as through Family Sharing or volume purchasing.
2.2 Updates
This license also applies to any updates of Eatsy (Licensor) that replace or supplement the original Application, unless such updates are accompanied by a separate license, in which case the terms of that new license will apply.
2.3 Restrictions
You may not share, sell, rent, lend, lease, or redistribute Eatsy to third parties without Eatsy's prior written consent, except as allowed by the Usage Rules.
2.4 Prohibited Actions
You are prohibited from reverse engineering, translating, disassembling, decompiling, modifying, creating derivative works, or attempting to derive the source code of Eatsy, except with prior written consent from Eatsy inc.
2.5 Copying and Backup
Copying of Eatsy is only permitted as expressly authorized by this license and the Usage Rules. You may store copies solely on devices you own or control for backup, respecting all applicable terms and conditions. You must not remove any intellectual property notices and ensure no unauthorized access to these copies. If selling your Devices, remove Eatsy beforehand.
2.6 Legal Consequences
Violations of these terms, including attempts, may lead to legal action and damages.
2.7 License Modification
Eatsy inc reserves the right to modify these licensing terms.
2.8 Third-Party Terms
This license does not restrict third-party terms. When using Eatsy, ensure compliance with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Updates Commitment
The Licensor endeavors to regularly update the Licensed Application to ensure compatibility with new versions of firmware and hardware. However, you are not entitled to demand such updates.
3.2 User Responsibility
You acknowledge that it is your responsibility to verify that the device on which you intend to use the Licensed Application meets the required technical specifications.
3.3 Specification Changes
The Licensor reserves the right to modify the technical specifications of the Licensed Application at any time as deemed necessary.
4. MAINTENANCE AND SUPPORT
4.1 Maintenance and Support
The Licensor (Eatsy) is solely responsible for providing all maintenance and support services for this Licensed Application. For support, please contact the Licensor at the email address provided in the App Store/ Playstore description of this Licensed Application.
4.2 Service Provider's Role
Eatsy and the End-User acknowledge that service provider has no obligation to provide any maintenance and support services for the Licensed Application.
5. USE OF DATA
5.1 資料存取與使用
You acknowledge that the Licensor (Eatsy) has the capability to access and modify content and personal information within your downloaded Licensed Application. The Licensor's use of such data is governed by your legal agreements with the Licensor and by the Licensor's Privacy Policy, available at the Link.
You recognize that the Licensor may periodically gather and utilize technical data, including information about your device, system, software, and peripherals. This data aids in providing product support, facilitating software updates, and delivering other services (if any) related to the Licensed Application. The Licensor may also leverage this information to enhance its products or services, ensuring that it does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
6.1 Community Interaction and Content Creation
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
7.1 Content Licensing and Ownership
When you post Contributions to the Licensed Application or link your account to social networks, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, reproduce, disclose, sell, publish, broadcast, store, display, reformat, translate, and distribute your Contributions. This includes the right to create derivative works and sublicense these rights. This license extends to any form, media, or technology, and includes the use of your name, company name, trademarks, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and confirm that moral rights have not been asserted.
You retain ownership of your Contributions, including any intellectual property rights. We are not responsible for any statements or representations you make in the Licensed Application. You are solely responsible for your Contributions and agree to hold us harmless from any claims related to your Contributions.
We reserve the right to edit, recategorize, or delete any Contributions at our sole discretion and without notice. We are not obligated to monitor Contributions, but may do so at our discretion.
8. LIABILITY
8.1 Limitation of Liability
Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Responsibilities for Data Loss
Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9. WARRANTY
9.1 Malware Warranty
The Licensor guarantees that the Licensed Application is free of spyware, trojan horses, viruses, and other malware at the time of your download. The Licensor also warrants that the Licensed Application functions as described in the user documentation.
9.2 Limitation of Warranty
The warranty does not cover the Licensed Application if it is not executable on the device, has been modified without authorization, mishandled, inappropriately combined or installed with incompatible hardware or software, used with unsuitable accessories, whether by you or third parties, or if external factors beyond Eatsy, Inc.'s control affect its functionality.
9.3 Defect Notification
You must inspect the Licensed Application immediately after installation and report any issues to Eatsy, Inc. via the provided email in Product Claims promptly. Reports emailed within five (5) days of discovering a defect will be considered and investigated.
9.4 Remedying Defects
If the Licensed Application is confirmed to be defective, Eatsy, Inc. has the option to either solve the defect or provide a substitute delivery.
9.5 Refund Policy
In case the Licensed Application fails to conform to the applicable warranty, you may inform the Services Store Operator, and your purchase price will be refunded. The Services Store Operator has no other warranty obligations with respect to the Licensed Application, including any negligence to adhere to the warranty, and is not liable for other losses, claims, damages, liabilities, expenses, or costs.
9.6 Statutory Limitation for Entrepreneurs
If the user is an entrepreneur, any claim based on defects expires after a statutory limitation period of twelve (12) months from when the Licensed Application was made available to the user. Statutory limitation periods provided by law apply to users who are consumers.
10. PRODUCT CLAIMS
10.1 Acknowledgment of Responsibility
Eatsy, Inc. and the End-User recognize that Eatsy, Inc., not the Services, is responsible for addressing any claims made by the End-User or any third party in relation to the Licensed Application or the End-User's possession and/or use of it. This responsibility includes, but is not limited to:
- Claims related to product liability;
- Claims alleging that the Licensed Application does not comply with applicable legal or regulatory requirements;
- Claims under consumer protection, privacy, or similar laws, particularly concerning the Licensed Application's integration with HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a "terrorist supporting" country. Additionally, you confirm that you are not listed on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions, or claims regarding the Licensed Application, please contact:
Eason Jen
7F., No. 53, Sec. 4, Zhongxiao E. Rd., Da'an Dist., Taipei City, Taiwan 10691
eatsy.tech@gmail.com
Eason Jen
7F., No. 53, Sec. 4, Zhongxiao E. Rd., Da'an Dist., Taipei City, Taiwan 10691
eatsy.tech@gmail.com
13. TERMINATION
The license is valid until terminated by Eatsy, Inc. or by you. Your rights under this license will terminate automatically and without notice from Eatsy, Inc. if you fail to adhere to any term(s) of this license. Upon license termination, you shall stop all use of the Licensed Application and destroy all copies, whether in full or in part, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Eatsy, Inc.Eatsy, Inc. represents and warrants that Eatsy, Inc. will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Eatsy, Inc. and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Eatsy, Inc., and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of the Republic of China (Taiwan), excluding its conflicts of law rules.
17. MISCELLANEOUS
If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.