Tuki’s Privacy Policy

Effective as of April 25, 2019

Spry Inc. (“Tuki” or “we”) understand the importance of privacy to our users (“you” or the “User”). This Privacy Policy applies to all of the products, services, and web sites offered by Tuki (collectively, the “Services”). Where additional detailed information is needed to explain our privacy practices, we post supplementary privacy notices to describe how particular services process personal information. This Privacy Policy will tell you what information Tuki collects about you and about your use of Tuki and its Services. We urge you to read this Privacy Policy carefully.

By using the Services, you are accepting the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you should not use our Services. Your continued use of our Services following the posting of changes to this Privacy Policy will mean that you accept those changes.

Information We Collect

Personal Information

Tuki collects personal and non-personal information about you when you use the Services. We use your information for the following general purposes: providing products and services, billing, identification and authentication, improving the Services, contacting users, and conducting research. When you open an Account (as such term is defined in our Terms of Use) through our Services, we ask for Personally Identifiable Information (as defined below) such as your name, email address, and phone number. To access certain products and services from Tuki, we also ask you to provide contact and billing information, Personally Identifiable Information or Protected Health Information (as such terms are defined in the Health Insurance Portability and Accountability Act of 1996, as amended).

Tuki only shares your Personally Identifiable Information or Protected Health Information when required to complete your transaction or to facilitate a consensual interaction between you and a provider through the Services. We do not otherwise share Personally Identifiable Information or Protected Health Information with any third parties. We may aggregate certain information to develop statistics related to the use of the Services and, in doing so, we might combine information that we have about you with information we obtain from business partners or other companies. When we publish statistics based on aggregated information, those statistics will not contain any Personally Identifiable Information about you. Depending on the Services you use, we may also collect certain personal information, including personal foods, activities and body measurements. Recognizing the highly personal nature of this information, we take special precautions to protect such information.

Credit Card Information

We use Stripe to process credit card transactions. You may choose to pay for the Services using Stripe. If you use Stripe to make a payment, we do not receive or store any credit card information. You may also choose to enter credit card information through the Services. If you provide your credit card information through the Services, we will store such information for the duration of the transaction until your credit card is charged and the requested product or service has been purchased. After the transaction is complete, we will delete your credit card number and expiration date from our database. For convenience, we may store your billing address for use during future transactions.

Legal Bases for Processing Your Personal Information

The purpose of the Services is to enable use of the Tuki platform for our subscribers. We rely on the following legal grounds to process your Personal Information:

  1. Performance of a contract – We need to collect and use your Personal Information to perform our agreement with you to deliver the Services as described in this Privacy Policy.

  2. Consent – We may use or disclose some of your Personal Information as described in this Privacy Policy subject to your consent.

  3. Legitimate interests – We may use your Personal Information for our legitimate interests to improve our products and services and the content on our Services. Consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable laws, we may use technical information as described in this Privacy Policy.


How We Collect Your Information

Cookies

We collect non-personal information about your use of our Services. Every computer or device that accesses the Services is assigned a different Cookie by Tuki. Cookies are required for the use of certain Services. The information collected by Cookies (i) records current session information, (ii) allows us to statistically monitor how many people are using our Services, (iii) how many people open our emails, and (iv) for what purposes these actions are being taken. We may use Cookie information to determine the popularity of certain content or advertisements. Cookies are also used to facilitate a user’s log-in and as navigation aides. Cookies used by Tuki are also used to restrict underage use of the tools and services.

Most browser and device software can be set to reject all Cookies. Additionally, most browsers and devices offer instructions on how to reset the browser to reject Cookies. In browsers, this can be found in the “Help” section of the toolbar and, in devices, this can be found in your device’s “Settings.” If you reject our Cookies, certain functions and conveniences of the Services may not work properly, but you do not have to accept our Cookies in order to productively use the Services. We do not link non-personal information from Cookies to Personally Identifiable Information without your permission and do not use Cookies to collect or store Personally Identifiable Information about you.

Access Logs

Tuki may automatically collect certain information and store it in log files when you use the Services, including internet protocol (IP) addresses, referring/exit pages, operating system, browser type, date/time stamp and clickstream data. We use this non-personal information to analyze trends, to administer the Services, and to gather demographic information about our user base. We may also record your IP address with your Personally Identifiable Information to help protect ourselves and our members from abusive users of the Services.


Links to Other Sites

The Services may contain links to other third party web sites and applications. We do not provide any Personally Identifiable Information to these third party web sites and application. Once you enter another web site or application (whether through an advertisement, service, or content link), be aware that Tuki is not responsible for the privacy practices of such other sites. We encourage you to look for and review the privacy policy of each and every web site or application that you visit through a link or advertisement on the Services. This Privacy Policy applies only to information collected by Tuki through the Services.


How We Protect Your Information

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes your personal information with third parties without your authorization. We do share personal information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your personal information only at our direction and in accordance with our Privacy Policy.

We will not disclose your personal information to anyone other than our employees and those third-parties with whom we have a business relationship. In general, the personal information you provide to us is used to help us communicate with you. For example, we use personal information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers. In general, we use non-personal information to help us improve the Service and customize the user experience. We also aggregate non-personal information in order to track trends and analyze use patterns on the Site.

This Privacy Policy does not limit in any way our use or disclosure of non-personal information and we reserve the right to use and disclose such non- personal information to our partners, advertisers, and other third parties at our discretion. Tuki will obtain your consent in order to share your Personally Identifiable Information or Protected Health Information to complete a transaction or to facilitate a consensual interaction between you and a provider through the Services, and does not share more Personal Information than is required. We do not otherwise share Personally Identifiable Information or Protected Health Information with any third parties.


Disclosure of Information

Except as described in this Privacy Policy or as specifically agreed to by you, Tuki will not disclose any Personally Identifiable Information it gathers from you through the Services. We may only release Personally Identifiable Information to third parties to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order or, as deemed necessary in Tuki’s discretion, to protect the legal or property rights of Tuki’s, a user or third party, or to prevent personal injury. In the event that we are legally compelled to disclose your Personally Identifiable Information to a third party, we will attempt to notify you unless doing so might, in our reasonable estimation, violate a law, rule, regulation, or court order.

Security, Encryption, and Confidentiality

Tuki uses industry-standard encryption technology to protect your privacy. We limit access to personal information about you to employees who we believe reasonably need to come into contact with such information to provide products or services to you in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. It is important for you to protect against unauthorized access to your password and to your computer or device. It is your responsibility to sign off when you finish using a shared computer or device.


Data Storage

Tuki may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Services. The Tuki database is stored on secured servers owned and operated by Tuki. We may store encrypted database backups off site with a third party storage provider to ensure data security in the case of an emergency or catastrophe.


Changes to This Privacy Policy

Tuki may update this Privacy Policy. We will notify you about significant changes in the way we treat personal information by placing a prominent notice on our application and any related web site. Tuki may make non-significant changes to the Privacy Policy. In these instances, Tuki may not notify you of such non-significant changes. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and other appropriate places throughout the Services so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time.


Access to Your Personal Information

You can access the personal information you submit to the Services at any time by logging into the Tuki platform with your unique username and password. If you wish to obtain a copy of personal information pertaining to you in portable electronic format, you may request a copy by sending an email to support@tukieats.com with your request. If you wish to change, update, or delete the personal information you have submitted to us, you may do so by signing into your account on the Services or by sending an email to support@tukieats.com with your request. You may remove your Personally Identifiable Information by contacting us at: support@tukieats.com and requesting that we remove that information from our servers. You have the right to withdraw your consent to our processing of your personal information at any time. Note that if we require personal information to deliver the service you have requested, we will be unable to deliver the service without your consent. If you are a resident of the European Union and have a complaint regarding our use or processing of your personal information, you also have the right to lodge a complaint with a national Data Protection Authority. Each European Union member nation has established its own Data Protection Authority; you can find out about the Data Protection Authority in your country here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.


Geographic Location

We offer the service in several geographic regions. We define a geographical region as the location where a user is located.

Processing Within the United States

For users within the United States, we process data solely in data centers located in the United States. We have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of user data in our possession. We comply with state and federal laws governing the protection of personal information.

Processing Within the European Union

For users within the European Union, data is transferred securely to our servers in the United States.

Processing in Other Regions

For users not within the United States or the European Union, data is transferred securely to our servers in the United States. For such users have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of user data in our possession that substantially mirror protections available to users located within the United States.

Retention and Deletion

We will only retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.

In some circumstances, we may anonymize your Personal Information so that it can no longer be associated with you, in which case it is no longer treated as Personal Information.

It is our policy to retain Personal Information for [10] years once such Personal Information is no longer necessary to deliver the Services and to delete such Personal Information thereafter. This means that, if you close your account with us, we will delete Personal Information associated with your account after [10] years. Regarding other types of information we collect as described in this policy it is our policy to retain such information for [10] years and to delete such Personal Information thereafter.

COPPA

Tuki is committed to protecting the privacy of children. The Children’s Online Privacy Protection Act (“COPPA”) requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under the age of 13. Neither Tuki nor any of its services or products are designed or intended to attract children under the age of 13. We do not collect Personally Identifiable Information from any person we actually know is under the age of 13. COPPA requires that we obtain the consent of parents or guardians before collecting, using, or disclosing personal information from children under the age of 13. In compliance with COPPA, a parent or guardian may request to review, delete, or stop the collection of personally identifiable information relating to their child or any child in their legal custody who is under the age of 13. Parents or guardians may review, delete, or stop the collection of Personally Identifiable Information by contacting us by letter, phone, or email using the contact information provided in this Privacy Policy. A parent or guardian may use the Services to establish an account for a minor. The parent or guardian is solely responsible for providing supervision of the minor’s use of the Services. The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through the Services for the minor.

Assignment

If Tuki is acquired by or merges with another entity, our assets, including all proprietary intellectual property and information embedded in the Services, and any personal information stored in our databases, will likely be transferred to the new entity. By using the Services you acknowledge and agree that Tuki may assign its assets and any information stored therein in the event of such a transaction.

Contact Us

If you have a privacy concern or question regarding Tuki’s Services or this Privacy Policy and if you cannot satisfactorily resolve it through the use of the Services, you should contact us through one of the following methods:

Email: Send an email to support@tukieats.com.

Mail: Tuki, Spry Inc., 44 Montgomery Street, San Francisco, CA 94110.



 

Tuki's Terms of Use

Effective as of April 25, 2019


Welcome. The following terms of use (the “Terms of Use”) apply when you (“you” or the “User”) view or use any of the Spry Inc (referred to herein as “Tuki,” “our,” or “us”) websites, including www.tukieats.com or any of our web- or mobile applications (collectively, the “Services”). Please review the following Terms of Use carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.

About the Service

The Service allows you to 1) engage in virtual nutrition and wellness related coaching and advisory services and 2) utilize a web- and mobile-based platform to record your health and wellness progress and goals. The content of the Services is for your personal and non- commercial use. You may only use the Services in accordance with these Terms of Use, and may not use the Services to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Tuki or others.


Registration & Permitted Users

If you want to access and use the Services, you must create an account (“Account”). It’s important that you provide us with accurate, complete, and up-to- date information for your Account. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. We are committed to protecting the privacy of children and have no intention of collecting personal information from individuals under the age of 18. If you are under the age of 18, do not submit personal information to the Services without the consent of your parent or guardian. Children under the age of 13 are not permitted to use the Services.


Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Services. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to Users.

Though the Company strives to enforce these Terms of Use, you may be exposed to User Content (defined below) that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a User’s access to the Service or take other appropriate action if a User violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of Users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and local law. If you become aware of misuse of our Services, please contact us at: support@tukieats.com.


Not Medical Advice

Though Users may seek and access medical advice through the Services, the Services themselves, and all related content, do not consist of, nor provide, medical advice and are not a substitute for medical advice. Results, such as those based on calorie counts or projected weight loss, may vary. Always seek the advice of a licensed medical provider before undertaking any weight loss plan. Reliance on any information provided by or found on the Services is purely at your own risk. To the extent Users access medical advice through the Services, the medical provider is solely responsible for all advice, diagnosis, treatment, prescriptions, or other exchanges that may occur between such medical provider and User. Tuki is not liable for any action or inaction of such medical provider, regardless of whether a User accesses such medical provider through the Services.


Use Restrictions

Your permission to use the Services is conditioned upon the following. You agree that you will not, under any circumstances:

  1. post any information that is abusive, threatening, obscene, defamatory, libelous,

  2. use the Services for any unlawful purpose or for the promotion of illegal,

  3. attempt to, or harass, abuse, or harm another person or group;

  4. use another User’s Account without permission;

  5. provide false or inaccurate information when registering an Account;

  6. interfere or attempt to interfere with the proper functioning of the Services; or racially, sexually, religiously, or otherwise objectionable and offensive activities;

  7. make any automated use of the Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to publish or link to malicious content intended to damage or disrupt another User’s the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data; or browser or computer.

Further, when transmitting and submitting any User Content (as defined below) while using the Services, you agree as follows:

  1. You are solely responsible for your account and the activity that occurs while signed in to or while using your account;

  2. You will not post information that is malicious, false or inaccurate;

  3. You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

  4. You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your Account with or without prior notice. You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services.


Intellectual Property

As between you and Tuki, all content on the Services, including its appearance and look and feel, is owned by Tuki unless otherwise expressly indicated through the Services. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on the Services. Other product and company names that are mentioned on the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use. Any Tuki trademarks, trade dress, service marks or trade names that appear on the Services or are referenced through the Services are the property of Tuki and no license or other right to use such marks, names or dress shall be deemed granted to any User without the express written permission of Tuki.


User Content & License

You understand and acknowledge that you are solely responsible for all information, data, text or other materials or content that you post, transmit privately or make public via the Services (“User Content”) and that Tuki is not responsible or liable for this information. When you post, transmit or make information public through the Services, you grant Tuki a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Services at its discretion.


Subscription Fees and Charges

User agrees to pay the fees for the Services in accordance with the applicable fee schedules listed at https://tukieats.com/pricing, and User authorizes Tuki to charge the User's designated card on file (with exceptions for organization subscriptions), as specified by user through the Platform, for all fees as they become payable. Unless otherwise stated in organization Service Agreements, fees for the Services are typically based on the month-cycle or year-cycle from which User commences Services (so, for example, if User is on a monthly plan and activates Tuki subscription January 2nd, he/she is paying for the next month, and will be billed again February 2nd via credit card on file. If User is on an annual plan and activates subscription March 4th 2010, the next subscription payment will process March 4, 2011). User is required to pay fees in full even if User does not use the platform with clients. When a user upgrades their account mid-payment cycle, "already-paid fees" will be applied on a pro-rated basis towards new subscription. When a user downgrades their subscription mid-cycle, changes will go into effect at the next payment period. All fees are non-refundable and non-transferrable, including annual contracts. In the case of canceling an annual contract, subscription will end at the 365th day from payment. Tuki may charge additional fees for exceptions processing, setup, and other special services (including optional add-on services), and these will be explicitly communicated during the set up process.


Links to Other Sites

As part of the Services, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”), as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to our Users. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services or relating to any applications you use or install from our Services.


Copyright Complaints

(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Services who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information via electronic mail to the Company’s designated copyright agent at: support@tukieats.com.

  1. The date of your notification;

  2. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

  3. A description of the copyrighted work claimed to have been infringed, or, if owner of an exclusive right that is allegedly infringed; multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  4. A description of the material that is claimed to be infringing or to be the subject of

  5. Information reasonably sufficient to permit the service provider to contact you, infringing activity and information sufficient to enable us to locate such work; such as an address, telephone number, and/or email address;

  6. A statement that you have a good faith belief that use of the material in the

  7. A statement that the information in the notification is accurate, and under penalty manner complained of is not authorized by the copyright owner, its agent, or the law; and of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;

  2. A description of the content that has been removed and the location at which the content appeared before it was removed;

  3. A statement that you have a good faith belief that the content was removed as a

  4. Your name, address, telephone number, and email address, a statement that you result of a mistake or a misidentification of the content; and consent to the jurisdiction of the federal court in Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may (in the Company’s discretion) be reinstated to the Services in ten (10) to fourteen (14) business days or more after receipt of the counter-notice


Electronic Communications

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to support@tukieats.com. Opting out may prevent you from receiving messages regarding the Company or special offers. Communications made by you through the Services’ e-mail and messaging system shall not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation to be in writing.


Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.


Limitation of Damages

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more Users, a restaurant or a merchant of a product or service that you review using the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”


Modification of Terms

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Services from time to time to view any such changes in the Agreement. If you continue to use the Services, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.


Privacy Policy

The Company respects the privacy of our Users. Please refer to the Company’s Privacy Policy (found here) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Services, you signify your agreement to this Privacy Policy.


General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use and your use of the Services are governed by the federal laws of the United States of America and the laws of the State of Delaware without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT Privacy Policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Contact Information: If you have any questions about these Terms of Use or the Services, please contact Tuki at support@tukieats.com and Tuki, 44 Montgomery Street, San Francisco, 94110, CA.