Terms and Conditions

1. Introduction to Terms of Service

Welcome to Food Data Scrape! Using our platform and website, you agree to the terms and conditions outlined in this User Agreement (the "Agreement"). This document serves as a legal contract between you ("User," "you," "your") and Food Data Scrape Technologies Ltd. ("Food Data Scrape," "we," "our," or "us"). You must review and agree to these terms before accessing our services. This includes all related services, features, and tools our platform provides. If you are using the service on behalf of a company, organization, or other legal entity, you warrant that you have the right to bind such entity to this Agreement.

2. Overview of Food Data Scrape's Services

Platform Overview

Food Data Scrape provides an AI-powered platform that offers data-driven insights into the food and restaurant industry. By analyzing customer trends, menu data, and social media sentiment, our platform helps food businesses optimize their offerings and operations. The services provided on the platform are aimed at food businesses looking to gather valuable insights from structured and unstructured data sources.

Website Usage

Our website is the gateway to our platform, providing essential information about our services and solutions. It allows you to purchase subscriptions for full access to our Platform. Once you subscribe, you will gain access to specific features or the entire suite of services available based on the subscription plan you choose. Access to these services is governed by the terms outlined in this Agreement.

Subscription Access

After purchasing a subscription, we endow you a non-restricted, non-transferable license to use the Food Data Scrape platform for the agreed-upon period. The license allows you to use the platform based on your selected plan. This access is subject to the conditions described in this Agreement, and unauthorized use or sharing of login credentials is strictly prohibited.

3. Terms and Conditions for Using the Platform

Compliance with Laws

By using the Platform, you agree to comply with all applicable laws, regulations, and industry standards. You are responsible for ensuring your platform does not violate local, regional, or international laws. Any unlawful activity, such as data theft, misuse of content, or fraud, will immediately terminate your access to the Platform.

Prohibited Activities

While using the Food Data Scrape platform, you agree not to engage in any of the following prohibited activities:

• Fraudulent Use: You may not use the platform for fraud or deception.
• Unauthorized Distribution: You may not redistribute or sublicense any platform's content or services without our written consent.
• Reverse Engineering: You are prohibited from reverse engineering, decompiling, or attempting to derive the Platform's source code.
• Malicious Behavior: Uploading viruses or malicious code to the platform that could harm or interfere with the services or the user experience is strictly forbidden.
• Competitive Use: Using the platform to develop or promote a competing service is prohibited.

Account Security

You are responsible for the security and confidentiality of your account and login information. This includes ensuring your username, password, and other sensitive data remain secure. If you suspect unauthorized activity has occurred on your account, notify us immediately. You agree to fully cooperate with us in securing your account and addressing any possible breaches.

Age Requirement

The Food Data Scrape platform is intended for individuals 18 or older. If you are under 18, you are prohibited from accessing the platform or creating an account. If we discover that an account was created by an individual under 18, we may suspend or terminate that account immediately.

4. User Responsibilities and Obligations

As a registered user of Food Data Scrape, you accept specific responsibilities:

• Compliance with Agreement: You must use the platform by this Agreement and all applicable legal obligations.
• Accurate Information: You must provide accurate, current, and truthful information when creating your account and accessing the platform's services. Any changes to your details must be updated promptly.
• Safeguarding Login Details: You must take all reasonable measures to protect your login details and prevent unauthorized account use. You agree to promptly report any suspicious activities or unauthorized access attempts to us.

5. Third-Party Content and Software

Third-Party Content

Our platform may contain content provided by third parties, such as public information, articles, and resources. While we strive to ensure the accuracy of this third-party content, Food Data Scrape does not guarantee its accuracy, reliability, or completeness. We are not responsible for any damages, losses, or issues resulting from using or relying on third-party content.

Third-Party Software

Some aspects of the Food Data Scrape platform may utilize third-party software or services. These third-party components may be governed by their terms and conditions, including open- source software licenses. By using our platform, you agree to comply with these additional licenses. In cases of conflict, the terms of the third-party software license will take precedence.

6. Ownership of Intellectual Property

Food Data Scrape retains full ownership of all intellectual property related to the platform, including trademarks, logos, content, and proprietary technologies. This Agreement does not transfer any ownership rights to you. Instead, it grants you a limited, non-exclusive, non- transferable license to use the platform for its intended purposes.

Platform Ownership

Food Data Scrape owns all rights, titles, and interests in the Platform, including the underlying software, algorithms, and data structures. You may not copy, modify, or otherwise misuse the intellectual property in any manner that violates this Agreement.

7. Data Privacy and Security

We are committed to safeguarding the privacy of our users. We adhere to industry best practices for data protection and comply with relevant data protection laws. Your data will only be collected, processed, and stored in accordance with our privacy policy, which is accessible on our website. You agree to our use of your data as outlined in our Privacy Policy, and you are responsible for ensuring that any data you provide is accurate and up-to-date.

8. Subscription Fees and Payments; Order Forms

Subscription Fees

You agree to pay the Subscription Fees as outlined in the applicable Order Form (the "Subscription Fees") in exchange for the right to access and utilize the Food Data Scrape platform. These fees are due and payable in accordance with the payment schedule specified in the Order Form. Should you fail to pay the Subscription Fees by the due date, Food Data Scrape reserves the right to take necessary actions to collect the outstanding fees, including but not limited to suspending or terminating your subscription and access to the platform. Additionally, you will be responsible for any costs incurred by Food Data Scrape in the collection process, including collection fees, legal expenses, court fees, and attorney's fees.

Taxes

All fees associated with the subscription are exclusive of any taxes, levies, duties, or similar governmental charges, including but not limited to sales tax, value-added tax (VAT), withholding taxes, and other similar assessments (collectively referred to as "Taxes"). You are solely responsible for any taxes associated with your purchase. Food Data Scrape is responsible only for its income tax obligations. If any applicable sales or similar tax is required to be added to your Subscription Fees, you agree to pay such tax in addition to the Subscription Fees. You will remain responsible for any sales or other taxes imposed on Food Data Scrape under this Agreement.

Fee Modifications

Food Data Scrape reserves the right to modify the Subscription Fees at its discretion. Such changes will become effective at the beginning of the next renewal period of the applicable Order Form(s). You will be notified of any fee adjustments in writing at least 30 days before the end of the current subscription term.

Payment Terms

Unless otherwise specified in the applicable Order Form, all subscription payments must be made in a single installment via wire or bank transfer. Payments are due within 30 days from the date the invoice is issued. Delays in payment beyond this period may result in platform access restrictions or subscription suspension.

Order Form and Contract Terms

In the event of any conflict between the payment terms outlined in this section and those specified in your Order Form or contract, the terms in the Order Form or contract will take precedence. Please review your Order Form carefully for specific payment details.

Payment Refusal or Cancellation

Food Data Scrape reserves the right to refuse or cancel any payment at its discretion, including but not limited to situations involving product or service pricing errors, availability issues, or suspected fraudulent activities. Additionally, if a payment is alleged to be unauthorized or illegal, Food Data Scrape reserves the right to cancel the transaction. The company also reserves the right to update its rates periodically and will notify you of any such changes in accordance with the renewal terms.

9. Termination of Access

We reserve the right to suspend or terminate your access to the platform if we determine that you have violated any terms of this Agreement. In such cases, you will not be entitled to any refund for subscription fees. Additionally, you can terminate your subscription at any time, subject to the terms of our cancellation policy. This Agreement will commence on the Effective Date and continue for 12 months thereafter (the "Term"). The Term will automatically be renewed for successive one-year renewal terms from the end unless either party provides written notice to the other party of its intent not to renew no later than 30 days before the end of the Term.

10. Limitation of Liability

Food Data Scrape will not be liable for any indirect, incidental, special, or consequential damages arising from your platform use. Our liability is limited to the amount you paid for the subscription during the term in which the dispute arose.

11. Confidentiality

In this section, "Disclosing Party" refers to the party providing or granting access to its Confidential Information. In contrast, "Recipient" refers to the party receiving or being granted access to the Disclosing Party's Confidential Information.

Unless explicitly allowed by this Agreement, the Recipient shall not:

(i) The Recipient shall not disclose, share, or grant access to any Confidential Information to third parties without prior written approval from the Disclosing Party, and must implement reasonable safeguards to prevent unauthorized use or distribution.

(ii) The Recipient shall not reverse engineer, decompile, or disassemble any Confidential Information provided by the Disclosing Party.

(iii) The Recipient shall only use Confidential Information to fulfill obligations under this Agreement and shall refrain from any misuse.

(iv) The Recipient shall not use Confidential Information for personal benefit or for the advantage of third parties.

The Recipient is required to protect the Disclosing Party’s Confidential Information with the same level of care as its own confidential information, ensuring at least a reasonable standard of protection. The Recipient may disclose such information to authorized users or employees who need it for the intended purposes, but remains liable for their actions concerning the Confidential Information.

Confidentiality obligations do not extend to information that:

(a) is publicly available or becomes publicly known without fault by the Recipient;

(b) has been expressly authorized in writing for disclosure by the Disclosing Party;

(c) was in the Recipient's possession earlier to disclosure;

(d) was obtained from a third party who is not under any confidentiality obligation;

(e) was independently generated by the Recipient without mention to the Disclosing Party’s Confidential Information.

Confidential Information may also be disclosed as required by law, court orders, or government regulations, provided the Recipient promptly informs the Disclosing Party to allow for protective measures.

Confidential Information refers to any non-public, proprietary, or secret information provided by the Disclosing Party to the Recipient, whether in writing, orally, or in any other form, which is designated as confidential or would reasonably be understood as such due to its nature. This includes, without limitation, technical data, intellectual property, business plans, financial information, customer and vendor details, and any other related materials.

12. No Warranties

The Service, Website, and Platform are provided "AS IS" without express or implied warranties. You assume all responsibility for accessing and using the Service, Website, and Platform, with Food Data Scrape disclaiming any implied warranties, including those relating to the platform's suitability or performance.

The data on the Website and Platform is sourced from third parties, and Food Data Scrape disclaims responsibility for its accuracy. Food Data Scrape is not liable for any actions or business decisions based on data accessed from the Platform.

Food Data Scrape does not guarantee that the Website or Platform will be error-free, uninterrupted, or free of harmful code, such as viruses.

No warranty is given regarding the platform's ability to detect or prevent harmful or unwanted code.

Food Data Scrape is not liable for any consequences arising from technical issues.

13. Limitation of Liability

Except in cases of gross negligence, willful misconduct, intellectual property violations, or breach of confidentiality, neither party will be liable for consequential, special, or punitive damages, including lost revenue, profits, data, or business opportunities.

The total liability of either party is limited to the amount paid by you under this Agreement in the 12 months preceding the liability event.

No action can be brought against Food Data Scrape more than 12 months after the cause of action arose.

These liability exclusions and limitations represent the parties' agreement on risk allocation.

13. Limitation of Liability

You agree to indemnify, defend, and hold harmless Food Data Scrape, its affiliates, and partners from any claims, losses, or damages arising from your access or use of the Service, breach of this Agreement, violations of law, or infringements of third-party rights.

15. Governing Law & Exclusive Jurisdiction

This Agreement shall be governed by the laws of New York, USA, and any disputes will be resolved in the courts of New York.

16. Branding Guidelines

You must comply with Food Data Scrape's branding guidelines when sharing data derived from the Services.

17. Customer Reference

You acknowledge that Food Data Scrape may use your name and logo to identify you as a customer on its Website, marketing materials, or social media channels.

18. No Waiver

Food Data Scrape's failure to enforce any provision does not constitute a waiver. If any provision is deemed invalid, the remaining terms will remain effective.

19. Assignment

You may not assign or transfer this Agreement without written consent from Food Data Scrape, though Food Data Scrape may assign this Agreement without restriction.

20. Changes

Food Data Scrape reserves the right to modify this Agreement, with changes taking effect 14 days after notice is provided or after posting on the Website. Continued use of the Service indicates acceptance of the revised terms.

21. General

This Agreement is binding upon the parties and their successors. Food Data Scrape may assign this Agreement to its affiliates or in connection with a merger or asset transfer. The parties are independent contractors, and this Agreement does not create a partnership, joint venture, or agency relationship.

Neither party will be liable for delays caused by events beyond their control, including natural disasters or government restrictions.

This Agreement may only be modified by written agreement between the parties.

This Agreement benefits the parties and their successors but not any third parties.

If any provision is invalid, it will be reformed or deleted as necessary, but the remaining provisions will remain in force.

This Agreement constitutes the complete understanding between the parties and supersedes any previous agreements.

For any inquiries related to this Agreement, please reach out to us at: info@fooddatascrape.com