TERMS OF SERVICE

Last updated on 21 Jan 2025

Terms and Conditions

By using Feast web application (- hereinafter referred to as “Feast” for short), the user agrees to the Terms and Conditions (- hereinafter referred to as “TCs”). Should the user not agree with the TC, the registration must be waived. These Terms and Conditions apply to the apps of the Provider namely ZapLQ OÜ In addition, they are valid regardless of whether the use of the Feast is free of charge or against payment.

1. General provisions

1.1. Feast refers to services provided by ZapLQ OÜ, a company duly incorporated under the laws of Estonia, having its registered office at Katusepapi tn 6-502, Lasnamäe linnaosa, Harju maakond Tallinn, Estonia, 11412 (hereinafter referred to as “Provider”).

1.2. The Provider enables users a possibility to take a quiz, upload photos of their ingredients, and receive personalized recipes via email based on the uploaded items. The subject of this contract is the use, either free of charge, paid, or ad-supported, of the services provided by the Provider through the platform.

1.3. Feast (hereinafter - Application) is a web application that is available for Users on the website __feast.harmonyapps.io_ (hereinafter – website).

1.4. By using the Application, the User acknowledges that he/she has read and understood the following information and agrees to its contents. These Rules relate solely to the legal relationship between the User and Feast.

1.5. In relation to all Services, only natural persons with full legal capacity or, in cases provided for by law, with limited legal capacity, may be Users, provided that the specific legislation of the country of residence of such person does not limit or exclude the possibility of making the Platforms or Services provided via electronic communication available to such person.

1.6. To access the Application, it is necessary to open a Website, as well as to have an internet connection (each use of the Services requires active access to the internet), and to have an email box.

1.7. When downloading and using Feast, especially in third party networks or abroad, the user may incur transmission costs from his Internet access provider.

1.8. Prerequisite for the use of the services is the reaching of the age of 18 and full legal capacity. The services are directed exclusively to consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. The use of Feast for commercial or other commercial purposes is expressly prohibited.

2. Services with costs

2.1. Some services of Feast may require the payment of a fee. The scope of the services included in Feast and usable by the user depends on whether and which services are used free of charge or against payment. In the case of free use, the user has access to certain basic functions and information of the respective services. An extended range of functions is available to the user if the services are activated for the user as part of a subscription. The Feast provides an overview of the available fee-based services, their fees, scope of services, restrictions and terms in the Feast. The payment of the fee only entitles the user to access the services available or visible in the offer presentation. All fees mentioned are inclusive of the applicable sales tax.

2.2. The Feast offers the option to unlock the entire content of the Feast by a payment. The Feast offers subscriptions with different minimum terms. With the activation of the paid content, the user receives the right to use it permanently for his own, non-commercial purposes on all devices connected and compatible with his App Store account. Any further use – in particular publication on the Internet, as well as the unauthorized copying, distribution or making available of the contents via the Internet, whether free of charge or against payment – is not permitted. The same applies to transcribing the contents, removing copyright information and source references as well as other editing or manipulation of the download. The granted rights of use are not transferable or sublicensable and are subject to full payment. Uses permitted by copyright law are not restricted. The Provider is entitled to revise, update or otherwise change the content at any time if this should be necessary for technical, legal or content reasons.

2.3. The payment methods shown in the offer are accepted; the payment process is usually operated by appropriate service providers. These may include in particular the payment systems offered by the respective App Store operators. As far as the respective service provider includes its own general terms and conditions of business or terms of use (GTC) in individual cases, these are exclusively valid for the payment process. If applicable, the user must have a user account with the service provider.

2.4. If fees cannot be collected and if the user is responsible for the event causing the collection, the user shall bear all costs arising therefrom. If payments made are charged back or the user does not pay fees, Feast is entitled to block all or access to individual services from Feast.

2.5. The Provider can offer paid services to users for a certain time free of charge. Which user can participate in a test offer is at the sole discretion of the Provider. The Provider may change the scope of services of the test offer or terminate the provision of a test offer at any time.

2.6. The Provider reserves the right to change its business model at any time and, for example, to provide certain or all services only against payment. The respective fees are published in the Feast. The user is free to terminate the use of the service or to decide to continue using the service for a fee.

2.7. Feast reserves the right to assert further claims for default of payment.

3. Rights and Duties of the User

3.1. The Feast, the services and content available through it are not made available to the user for commercial use, but only for personal use. It is not permitted to transfer the user account to third parties. The user may only use the Feast for his own private purposes.

3.2. Furthermore, the user is not permitted to do so,

3.2.1. to use chargeable services simultaneously on several terminals, unless such use is expressly permitted within the framework of the respective offer presentation;

3.2.2. to pass on the data sent for authentication and identification to third parties or to make access data used for authentication and identification available to third parties

3.2.3. To enable third parties to view or access the Services, e.g. an unspecified group of people by using the Services in public areas (such as cinemas, theaters, exhibitions, workshops, showrooms, hotels, bars, restaurants or other public spaces);

3.2.4. to use access control systems to chargeable services or other measures to use or circumvent services without authorization;

3.2.5. to assign or transfer rights or obligations arising from these Terms and Conditions (TC) to third parties.

3.3. Use of Feast may be restricted to individuals who meet certain requirements (e.g., legal age). The user is responsible for ensuring that the services are only available to persons who meet these requirements. In particular, the user undertakes to comply with the applicable regulations regarding the protection of minors from content harmful to minors.

3.4. When using Feast and its services, the user has to consider contractual agreements with third parties, especially with his Internet access provider.

3.5. The user is solely responsible for his or her actions on Feast as well as on the website and therefore for any content or data he or she publishes within the services. He or she agrees to conduct himself or herself in accordance with our Content and Conduct Guidelines. In particular, he/she undertakes not to secure, publish, transmit or distribute any racist, insulting, discriminating, harassing, defamatory, sexual, pornographic, violence glorifying or other illegal contents, persons or representations. Furthermore, the user is expressly informed that it is prohibited to use legally protected terms, names, images, videos or other materials. Furthermore, the user is obliged to take appropriate measures to prevent unauthorized use of his data, especially passwords, by third parties. He/she is obliged to inform the provider immediately about any noticed or suspected unauthorized use of his/her account.

3.6. The user undertakes not to deliberately provide the data of third parties (including e-mail address) as his own. In particular, he undertakes not to fraudulently provide the credit card data or bank details of third parties. Furthermore, the user agrees to comply with all applicable laws when logging on, registering and using the Feast.

4. Liability of Feast

4.1. The Feast provides users with a selection of meal preparation options. Please note that these options are not exhaustive, nor do they guarantee suitability for individual tastes, dietary preferences, or restrictions. Recipes may include additional or alternative ingredients, and we do not take responsibility for their accuracy or completeness. The results generated by the app depend on the quality of the uploaded photo. If an image is unclear, poorly lit, or otherwise suboptimal, the analysis may be inaccurate. We are not responsible for any discrepancies, misinterpretations, or unintended outcomes arising from such cases. The use of The Feast is entirely at your own discretion and risk. We do not provide medical, dietary, or professional nutritional advice, and our service cannot substitute professional consultation with a nutritionist, dietitian, or healthcare provider. If you have any food allergies, dietary restrictions, or medical conditions, we strongly recommend consulting a qualified specialist before relying on the app’s suggestions. By using The Feast, you acknowledge that meal preparation and ingredient choices remain your responsibility, and we shall not be held liable for any adverse reactions, unexpected results, or dissatisfaction related to your use of the app.

4.2. The Provider is liable without limitation for intent and gross negligence. The Provider shall only be liable for simple negligence if his vicarious agents or legal representatives violate an obligation that is essential for achieving the purpose of the contract (so-called cardinal obligation). In this case the liability is limited to the foreseeable damage. This shall amount to a maximum of the fee paid by the user for the use of the paid services and functions. The aforementioned limitation of liability does not apply to damages due to the absence of warranted characteristics, to injury to life, body or health. However, insofar as the liability of the Provider is excluded or limited, this also applies to the personal liability of its legal representatives and vicarious agents.

4.3. The User undertakes to indemnify the Provider or the Provider’s vicarious agents from all claims of third parties which are asserted in connection with the User’s breach of his obligations under these TC and/or the laws applicable to him and to assume all reasonable costs incurred by the Provider, including those for legal defense, insofar as the User is responsible for the breaches.

5. No Guarantee

5.1 The Provider makes no representations or warranties that the recipes presented will meet the expectations and tastes of Users. The Provider is not obligated to provide specific results. In addition, the results are influenced by factors beyond our control, such as individual tastes, the quality of the ingredients available. Therefore, the results may vary significantly between users, even if the services are used in the same way. The Provider makes no warranties that all interactions on the Platform with other users will take place.

6. Contract period, Termination, Repayment

6.1. Insofar as the subject of the user contract is free services, the user contract can be terminated at any time. For this purpose, the user will find a corresponding account deletion function in his account settings on the website and in the App. Termination is also possible by mail or by notification to the e-mail address. The use by the provider can be extraordinarily terminated without notice if the user violates these TCs. Termination of the User Agreement by the Provider shall be effected by notification to the e-mail address provided during registration. Furthermore, the Provider reserves the right to refuse the User’s registration without stating reasons.

6.2. The Feast provides paid services. Unless otherwise stated in the respective offer, the license agreement for the respective paid service will initially run for the booked minimum usage period. Thereafter, the license agreement will be renewed for the duration of the booked minimum usage period if it is terminated by the user or the Provider before the end of the renewal period/ minimum usage period with effect from the end of the respective period. The User may also use the Services after termination until the end of the respective period. The termination of the paid service can be carried out if the purchase was made via an App Store, as described in the respective App Store in the subscription administration.

6.3. The right to extraordinary termination for good cause remains unaffected. An important reason for the Provider is especially given if the User violates applicable law or essential contractual obligations. A prior warning is not necessary.

6.4. In the event of a termination of the user contract on the part of the user as well as a termination by the Provider, the repayment of any fees paid in advance is excluded, unless the user terminates the contract for an important reason for which the Provider is responsible.

6.5. After termination, all data of the user will be deleted from the Feast database in a timely manner, as far as they are not required for the purpose of proving an illegal act of the user, beyond the termination of the contract.

Intellectual Property/Licence

7.1. All rights to the application, including its various functionalities, in whole and in parts, in particular the textual, graphic and multimedia elements and the elements of the software applications generating and operating the application, including copyright, related rights, industrial property rights and any derivative rights (licences) required under the circumstances, are vested in Feast.

7.2. Upon downloading the Application and acceptance of the TC by the User, Feast grants the User a non-exclusive licence to use the Application in accordance with its intended purpose for the Free Services and Paid Services referred to in these TCs (“Licence”). The Licence is non-transferable and is granted for the duration of the User's use of the Application in accordance with its intended purpose and in a manner consistent with these TCs.

7.3. The licence referred to in paragraph 2 above does not entitle the User to grant further licences.

7.4. The transmission to third parties of the content of the application is only permitted through the use of the tools included in the application and intended for this purpose.

7.5. The User is not entitled to do anything outside the scope of the Licence, in particular to decompile or disassemble the software running within the Application or to reverse engineer the source code thereof. The User is not entitled to decompile or disassemble the Application in order to use it as intended without the express consent of Feast. The preceding sentences do not exclude the mandatory provisions regarding decompilation or disassembly.

7.6. The User may not reproduce, sell or otherwise market or distribute the Application, in whole or in part, in particular to transmit or make it available on computer systems and networks, mobile application distribution systems or any other data communication systems.

7.7. In the event that the User violates the rules of the application or the terms of the Licence granted, Feast shall be entitled to block the User's access to the Application and to revoke the Licence granted for the use of the Application. The foregoing is without prejudice to Feast’s right to take other appropriate and lawful action in relation to the breach.

8. Final Provisions

8.1. The Provider endeavors to enable a trouble-free operation of the app and to keep it available as far as possible. However, it is pointed out that a complete or uninterrupted availability is not technically feasible. Therefore, the Provider does not assume any guarantee for a trouble-free operation or a certain availability. Furthermore, there is no claim to the maintenance of individual functionalities of the App that are used free of charge. The Provider is – as far as there are no contractual obligations to the contrary – entitled at any time to change or remove content, services and functionalities provided within Feast and to make new content, services and functionalities available or to stop further development of the App as a whole. In this respect, the Provider also reserves the right to issue separate terms and conditions for new service offers or to discontinue and change additional features free of charge.

8.2. The current terms and conditions of Feast, which are deposited with the order, apply. The Provider is entitled to change these TC at any time with effect for the future, provided that this is necessary for objective reasons, in particular due to changes in the law or in the highest court decisions, changes in economic conditions, technical changes or further developments, changes in market conditions or other equivalent reasons, and provided that the user is not unreasonably disadvantaged by this. Changes to the Terms and Conditions of Business will be pointed out at a suitable place within the offer or by e-mail at least 14 days before the change is made in good time. Every user has the right to object to the new terms of use.

8.3. The Provider is entitled to entrust third parties with the provision of the agreed services, in whole or in part, at any time. Furthermore, the Provider may transfer his rights and obligations to one or more third parties.

8.4. Agreements between the Provider and the User that deviate from these TC must be in text form in order to be valid; this also applies to a waiver of the written form requirement.

8.5. The place of jurisdiction shall be Tallinn, Estonia. Feast is also entitled to sue at the user’s general place of jurisdiction at Feast sole discretion.

8.6. The applicable laws of Estonia shall apply to the exclusion of the referral rules.

8.7. Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining clauses. In this case, the invalid or unenforceable provision shall be replaced by the parties by a valid provision which comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the case of a loophole in the regulations.

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