Effective as of April 25, 2019
Information We Collect
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:
How We Collect Your Information
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.
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
How We Protect Your Information
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.
Disclosure of Information
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.
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.
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 firstname.lastname@example.org 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 email@example.com with your request. You may remove your Personally Identifiable Information by contacting us at: firstname.lastname@example.org 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.
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  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  years. Regarding other types of information we collect as described in this policy it is our policy to retain such information for  years and to delete such Personal Information thereafter.
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.
Email: Send an email to email@example.com.
Mail: Tuki, Spry Inc., 44 Montgomery Street, San Francisco, CA 94110.
Effective as of April 25, 2019
About the Service
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.
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.
Your permission to use the Services is conditioned upon the following. You agree that you will not, under any circumstances:
post any information that is abusive, threatening, obscene, defamatory, libelous,
use the Services for any unlawful purpose or for the promotion of illegal,
attempt to, or harass, abuse, or harm another person or group;
use another User’s Account without permission;
provide false or inaccurate information when registering an Account;
interfere or attempt to interfere with the proper functioning of the Services; or racially, sexually, religiously, or otherwise objectionable and offensive activities;
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:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, false or inaccurate;
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
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.
(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: firstname.lastname@example.org.
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
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;
A description of the material that is claimed to be infringing or to be the subject of
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;
A statement that you have a good faith belief that use of the material in the
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:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a
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
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