By accessing Edamam.com or any Edamam mobile device application, you agree to be bound by the terms of this Agreement.
You are responsible for reviewing changes to this Agreement
Your registration and account security
When you use the Site or the Services you may provide Edamam certain registration and account information, which Edamam will rely on to provide you its products and services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account:
Provisions applicable to Edamam software
Your use of Paid Services
Edamam may edit or modify anything on the Site or Services without notice
Edamam is committed to delivering a positive user experience and you understand that Edamam reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice.
You are responsible for accepting updated versions of the Site and Services
You agree to let us monitor your activity on Edamam mobile device applications and the Site and Services
You must be 18 or older to use the Edamam Site or Services
It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
Edamam may terminate your use of the Site and/or Services without reason or notice to you
While Edamam respects its users, you agree that Edamam may terminate your membership or use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
The copyright to all content the on the Site and Services is owned by the provider of that content
You may not use trademarks appearing on the Site or Services in an infringing manner
You may use the Edamam Site and Services for limited, noncommercial purposes
Your Rights to Your Data
Your Rights to Data Produced by Edamam
You promise to comply with this Agreement and any laws or regulations applicable to you
You agree to comply with Edamam’s conduct policies when using the Site or Services
You use the Edamam Site and Services at your own risk
You are responsible for your own conduct
Edamam is not responsible for what happens outside of the Site and Services, including on websites the Site or Services link to or advertise
Nothing on Edamam’s Site or Services should be taken as medical information or advice
Information and press releases may not be updated
The Site and the Services contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Edamam’s liability is limited
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL EDAMAM OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
EDAMAM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".
You agree to indemnify Edamam
You agree to indemnify, defend, and hold harmless Edamam, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Site and Services, (2) any user Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that New York law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
Your general representation and warranty
No relationship with Apple Inc. or Google, Inc.
Fees. Subscription fees for the Edamam Services are recurring payments (except where otherwise stated). The term may be annual or monthly or another time period, as described by Edamam. Your subscription begins upon payment of a first installment of subscription fees. The subscription renews annual or monthly or another time period as applicable upon the payment of automatically recurring subscription fees.
Payment. Edamam accepts payment via the current payment method indicated at time of purchase, which may include credit card, PayPal, and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with Edamam, Apple, Stripe, Google, PayPal or another third party, that governs your use of a given payment processing method. Prices for Edamam Services may change at any time, and Edamam does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Edamam Services that you order (except during a free trial period). Edamam will charge your credit card or other form of payment for the price listed on the relevant Edamam Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that Edamam will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, we will send you a notification about the expired or faulty credit card so that you may provide a new method of payment, and if such new payment is not tendered Edamam reserves the right to immediately revoke your access to any Edamam Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, Edamam may cancel your subscription.
Taxes. If Edamam is required to collect or pay any taxes in connection with your purchase of or subscription to Edamam Services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of Edamam Services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
Cancellations and Refunds. You can cancel your Edamam Services at any time. If you purchase a subscription to Edamam Services that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by Edamam. You will retain access to the Edamam Services from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and nonrefundable, unless otherwise determined by the Edamam. If Edamam reasonably determines that a user has violated its Terms of Services, Edamam MAY immediately terminate the subscription and the user's access to Edamam Services without notice and without refund. Refund requests should be directed to firstname.lastname@example.org.
Free Trials. Edamam MAY offer free trials to new Edamam Service subscribers. If you initiate a subscription to Edamam Services through a free trial offer, you will receive free access to such Edamam Services for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
Notices and Reminders. Edamam may provide you with notices, including those regarding changes to this Agreement, using any reasonable means including by email, SMS, MMS, text message, or postings via the Edamam Services. These notices may include the following in order to enhance your experience and foster transparency with the Edamam Services that require a subscription:
Edamam also will provide receipts for any Edamam Services subscription that contain the following information: