This document contains the Terms of Service for Pikky Technologies Incorporated (“Pikky”). Please read this document carefully, as it contains important information relating to your use of the Pikky website and mobile application. These Terms of Service form a contract between Pikky and you.

Last updated on 01/Jan/2024. These Terms of Service are effective immediately.

Parties

“You” and “your” refers to you, as a user of the Service (as defined below). A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refers to Pikky and its subsidiaries and affiliates.

1. Acceptance of Terms

We welcome you to our online service (the “Service”). By using the Pikky website, mobile application, and Service, you are agreeing to the following Terms of Service (“Terms”) whether or not you are a registered customer of Pikky. Pikky may update the Terms from time to time without notice to you. In addition, when using any Pikky-owned or operated services, you will be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are incorporated by reference into the Terms. You further agree, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.

2. Description of Service

Pikky makes available a collection of resources to its registered and non-registered users related to nutrition and meals. Registered users can obtain recommendations as to dishes, recipes, meals and restaurants, based on the nutritional, dietary, food preferences, and other health-related information registered users provide through the service. In addition, registered users will be able to order meals from restaurants and pay for such orders through the Service. When placing such orders, Pikky will charge users a convenience fee, which is subject to change from time to time in Pikky’s sole discretion. By using the Service, you agree to pay any such convenience fees.

Please note that any information you provide to the Service regarding food preferences, dietary restrictions or preferences, allergies, nutritional needs, or other health conditions is entirely voluntary and at your discretion. The quality of the recommendations and other information that Pikky provides to you as part of the Service is dependent upon the information that you provide, however.

Non-registered users can browse topics and content of interest. Any new features, services and enhancements to Pikky are subject to the Terms. THE SERVICE IS PROVIDED “AS IS” AND PIKKY HAS NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.

All users must comply with the Terms. If you fail to follow any of the guidelines and/or rules of behavior, Pikky can discontinue your ability to use the site. In addition, we have the right to delete content, comment as well as any topic or profile we find objectionable.

You are totally responsible for any activity that takes place under your username and password. If you become aware of any unauthorized use of your username and/or password, it is your responsibility to notify Pikky immediately. It is up to you to maintain the confidentiality of your password and username.

You understand that you may receive business-related communications from Pikky, such as service announcements and administrative notices about your account. You agree that these communications are not “unsolicited commercial email advertisements” and therefore you agree to receive them. You will not be able to opt out of receiving such communications.

As a user of the Service, you understand and agree that the Service may include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and therefore you agree to receive them and will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Pikky will not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new Pikky properties, will be subject to the then current Terms.

You must be at least 13 years old to access and use the Service. If you are 13 years old or younger, please do not use this Service for any purpose. For residents of the European Union, you must be at least 16 years old to access and use the Service. If you are a resident of the European Union and under the age of 16, please do not use this Service for any purpose.

3. Rules of Behavior

• You are solely responsible for your own communications and content including any data, images, graphics, text, audio, video, email, links, and screen names you post to the site. You agree to use the Service to post and receive communications and content that are legal and proper.
• You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You must not violate the privacy rights of others.
• You must not upload, post, or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically, hateful, objectionable, or unlawful.
• You must not upload, post, or link to any material that promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group.
• You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications.
• You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party, without prior written permission from the third party. You agree to disclose such authorization to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.
• You must not impersonate another person or entity, which includes not using anyone else’s username or password.
• You must not “deep-link,” by publishing a link to a Pikky web page other than the Pikky home page.
• You must not “frame” or “mirror” the Pikky website, by simulating the appearance or function of the Pikky website on another website.
• You must not use the Service for any illegal or unauthorized purpose, such as spamming.
• You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable content as well as the export of data to the United States or to your country of residence.
• You cannot modify or delete any content and communications of the Pikky site and/or of other individuals.
• You must not transmit any viruses, worms, defects, or any items and/or code of a harmful or destructive nature.
• You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines, or their equivalents, on or in the Service.
• You must not interfere or disrupt the Service or servers or networks connected with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
• You must not state or imply that any of your submitted and or posted content is endorsed by Pikky.
• You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
• You must not engage in any ad “slamming”.
• You cannot use the Pikky brand name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment.
• You will not expressly or by implication create the false or misleading impression that Pikky is associated with, or endorses, or is in any way connected with you, your business, or your content.

WHILE PIKKY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT PIKKY WILL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, PIKKY CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.

4. Content

As a registered user, you may be able to upload and post a great variety of content, including but not limited to text, audio, video, photographs, graphics and other materials (“Content”). This means that you have sole responsibility for all Content that you upload post, email, transmit or otherwise make available through the Service. You are responsible for being in compliance with the Rules of Behavior relating to such Content.

Pikky will have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with the use of any Content. In this regard, you may not rely on any Content created by other Pikky users or otherwise created, distributed and displayed on any part of the Service. Pikky does not control or monitor the Content posted via the Service, and does not guarantee the accuracy, integrity or quality of such Content.

The Content created by you must be owned by you or you must have been granted prior permission to use it. Pikky does not own any of the Content you post. By placing Content on the Service, you are providing Pikky with a worldwide, royalty-free, unlimited, non-exclusive license to publicly display, modify, reproduce and distribute your Content on the site for editorial and promotional purposes of the site. Pikky reserves the right to syndicate or promote this Content in connection with the promotion of the Service and other Services offered by Pikky.

You agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service. Pikky will have no responsibility for enforcing any rights you claim in any Content, which will be your responsibility entirely. You agree to indemnify Pikky with respect to any claim you have that other user are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Pikky will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing so.

You acknowledge that Pikky may or may not pre-screen Content. However, Pikky will have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, or delete any Content that violates the Terms or is otherwise objectionable.

Pikky may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, or to protect the rights, property or personal safety of Pikky, its users and/or the public.

5. Copyright Infringement

Pikky respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Pikky may, but is not obligated to disable, suspend and terminate the accounts of users who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact the admin department at [email protected] with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of where the material you claim is infringing is located on the site;
3. Your Pikky, address, telephone number, email address;
4. A statement claiming that you have a good faith belief that the disputed use has not been authorized; and
5. A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.

Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:

• Remove or disable access to the infringing material;
• Notify the content provider that we have removed or disabled access to the material; and
• Terminate such content provider’s access to the Website if he or she is a repeat offender.

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Pikky is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Pikky may send a copy of the counter-notice to the original complaining party informing that person that Pikky may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Pikky’s discretion.

6. Links

The Service may provide, or third parties including Pikky users, may provide links to other websites or resources. Pikky has no control over these sites and content and therefore Pikky is not responsible for the availability of such links, resources and content. Pikky does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Pikky is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods or services offered through these links, or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links. YOU AGREE THAT IF PIKKY REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST, PIKKY HAS THE RIGHT TO DISABLE THE LINK WITHOUT NOTICE TO YOU.

7. Indemnity

You agree to indemnify Pikky, its subsidies, affiliates, officers, agents, and other partners and employees, against any and all loss, liability, claim, or demand, including actual attorney’s fees and costs, arising out of your use of the Service in violation of the Terms and/or your violation of any rights of another.

8. No Resale of Service

You agree not to, without the express prior written consent of Pikky, reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content you do not own.

9. Modification and Termination of the Service

Pikky reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pikky will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

10. Privacy Policy

Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time.

11. Registration

In order to use certain aspects of the Service you are required to register. Registered users are subject to the following specific terms in addition to all of the other provisions in these Terms:

• In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
• You also agree to provide true, accurate, current and complete information as required on the Service’s account registration form. If you provide any information that is untrue or incomplete, Pikky has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
• You agree that Pikky may, under certain circumstances and without prior notice, immediately terminate your Pikky account, any associated username and/or access to the Service. Cause for such termination will include, but not be limited to: (i) breaches or violations of the Terms or other policies, guidelines or rules, (ii) your engagement in fraudulent or illegal activity, (iii) unexpected technical or security issues, and (iv) requests by law enforcement or other government agencies. You also agree that any termination is in Pikky’s sole discretion and that Pikky will not be liable to you or any third party for any termination of your account, password, username, deletion of Content or access to the Service.
• You agree that your account is non-transferable and any rights to your account, password, or username terminate upon your death.
• You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Pikky immediately. It is up to you to maintain the confidentiality of your password and account. Pikky is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these Terms.

12. Proprietary Rights

You acknowledge and agree that the Service and any necessary software (“Software”) used in connection with the Service contain proprietary and confidential information that is the property of Pikky and its licensors, and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers may be protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Pikky or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge Pikky’s exclusive rights in the Pikky trademarks and service marks.

13. Disclaimer of Warranties

The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. PIKKY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PIKKY MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

IN PARTICULAR, PIKKY DISCLAIMS ALL WARRANTIES THAT ANY FOOD, MEAL, NUTRITIONAL, OR DIETARY RECOMMENDATIONS PROVIDED TO USERS THROUGH THE SERVICE WILL BE APPROPRIATE FOR YOU, GIVEN YOUR UNDERLYING HEALTH CONDITIONS, ALLERGIES, NUTRITIONAL NEEDS, OR DIETARY RESTRICTIONS. PIKKY FURTHER DISCLAIMS ALL WARRANTIES THAT ANY MEALS OR DISHES THAT YOU ORDER THROUGH THE SERVICE FROM A RESTAURANT WILL BE PREPARED USING INGREDIENTS, FOODS, OR COOKING METHODS THAT ARE APPROPRIATE FOR YOU, GIVEN YOUR UNDERLYING HEALTH CONDITIONS, ALLERGIES, NUTRITIONAL NEEDS, OR DIETARY RESTRICTIONS.

No advice or information, whether oral or written, obtained by you from Pikky or through or from the Service will create a warranty not expressly stated in the Terms.

14. Limitation of Liability

You expressly understand and agree that Pikky will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Pikky has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Service, (b) unauthorized access to or alteration or alteration of your transmissions or data, (c) statements or conduct of any third party including advertisers on the Service, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, or (e) any other matter relating to the Service. In no event will Pikky be liable for any amount of money over $100.00, which you acknowledge to be a fair and reasonable sum.

15. GDPR Compliance

The provisions in this section apply to users who are individuals residing in a European Union country (“EU Residents”). The General Data Protection Regulation, or GDPR, is a European Union regulation that governs the relationship between Pikky and EU Residents. Under the GDPR, Pikky is considered to be a “data controller.” This means that Pikky determines how and why personal data is processed.

In the course of providing the Service, Pikky may collect certain identifying personal data about EU Residents, including name, identification number, location data, online identifier, photographs, videos, etc. In these Terms, any such personal data that can be used to identify a specific person will be called “Personal Data.” As an EU Resident, you have the following rights, which we call Data Rights:

• You have the right to obtain confirmation from Pikky as to whether we are processing Personal Data concerning you.
• You have the right to information about the processing of your Personal Data, such as the purposes, the categories of Personal Data, recipients, etc.
• You have the right to obtain a copy, in electronic format, of any Personal Data concerning you that we hold.
• You have the right to be forgotten. This means that you have to right to have Pikky erase your Personal Data. You also have the right to have Pikky stop any further dissemination of your Personal Data. If Personal Data was collected when you were a minor, we are obligated to delete it upon your request. However, Pikky has the right to maintain your Personal Data in the following cases:
  1. If the Personal Data we hold is needed to exercise the right of freedom of expression;
  2. If we have a legal obligation to keep your Personal Data;
  3. If we need to maintain your Personal Data for reasons of public interest, such as public health, scientific, statistical, or historical research purposes; or
  4. If your Personal Data has undergone an appropriate process of anonymization.
• You have the right to object to the processing of your Personal Data for specific reasons. In such a case, Pikky will stop processing your Personal Data unless we need to process the Personal Data for reasons that override your rights and freedoms, or if we need the data for the establishment, exercise, or defense of legal claims.
• You have the right to object at any time to the processing of your Personal Data for direct marketing purposes.

To exercise any of your Data Rights, please contact Pikky at [email protected]. Please note that there is no charge for exercising any of your Data Rights. However, if we determine that requests are unfounded or excessive, in particular because of their repetitive nature, we have the right to charge a reasonable fee or refuse to act.

16. Disputes

If there is any dispute about or involving the website and/or the Service, you agree that any dispute will be governed by the laws of the State of California without regard to conflict of law provisions. YOU FURTHER AGREE THAT BINDING ARBITRATION, TO BE CONDUCTED IN NORTHERN CALIFORNIA, WILL BE THE SOLE AND EXCLUSIVE VENUE FOR ANY CLAIMS OR DISPUTES RELATED TO THE SERVICE AND THE WEBSITE. YOU EXPRESSLY WAIVE THE RIGHT TO MAINTAIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT REGARDING THE SERVICE AND THE WEBSITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

17. General Information

These Terms constitute the entire agreement between you and Pikky and govern your use of the Service. You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software.

The failure of Pikky to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Nothing contained in the Terms will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the Pikky of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.

Please report any violations of the Terms to [email protected]