Terms of Use

Last updated Thursday 18th April 2019.

Acceptance of Terms of Use Agreement

1. Eligibility

By creating an account and using the Service, you represent and warrant that: you can form a binding contract with Eatsee, and you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations

2. Your Account

In order to use Eatsee, you may sign in using your Facebook login. If you do so, you authorise us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Eatsee, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact contact@eatsee.menu.

3. Modifying the Service and Termination

Eatsee is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play) to avoid additional billing.

4. Rights Eatsee Grants You

Eatsee grants you a personal, worldwide, royalty-free, non-assignable, non exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits as intended by Eatsee and permitted by this Agreement. Therefore, you agree not to:

  • use the Service or any content contained in the Service for any commercial purposes without our written consent
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Eatsee's prior written consent
  • express or imply that any statements you make are endorsed by Eatsee
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents
  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service
  • upload viruses or other malicious code or otherwise compromise the security of the Service
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service
  • "frame" or "mirror" any part of the Service without Eatsee's prior written authorisation
  • use meta tags or code or other devices containing any reference to Eatsee or the Service (or any trademark, trade name, service mark, logo or slogan of Eatsee) to direct any person to any other website for any purpose
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so
  • use or develop any third-party applications that interact with the Service or other users' Content or information without our written consent
  • use, access, or publish the Eatsee application programming interface without our written consent
  • probe, scan or test the vulnerability of our Service or any system or network
  • encourage or promote any activity that violates this Agreement

The Company may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

5. Rights you Grant Eatsee

By creating an account, you grant to Eatsee a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorise us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other users (collectively, "Content"). Eatsee's license to your Content shall be non-exclusive, except that Eatsee's license shall be exclusive with respect to derivative works created through use of the Service. For example, Eatsee would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Eatsee can prevent the use of your Content outside of the Service, you authorise Eatsee to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorise us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Eatsee users).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Eatsee above.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Eatsee allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Eatsee regarding our Services, you agree that Eatsee may use and share such feedback for any purpose without compensating you.

You agree that Eatsee may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company or any other person.

6. Community Rules

By using the Service, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement
  • use the Service for any harmful or nefarious purpose
  • use the Service in order to damage Eatsee
  • create another account if we have already terminated your account, unless you have our permission

Eatsee reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Eatsee regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

7. Purchases

From time to time, Eatsee may offer products and services for purchase ("in app purchases") through iTunes, Google Play or other application platforms authorised by Eatsee (each, a "Software Store"). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store ("your IAP Account"), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Eatsee application from your device. Deleting the Eatsee application from your device does not cancel your subscription; Eatsee will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.

8. Disclaimers

Eatsee provides the Service on an "as is" and "as available" basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service (including all Content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Eatsee does not represent or warrant that (a) the Service will be uninterrupted, secure or error free; (b) any defects or errors in the Service will be corrected; or (c) that any Content or information you obtain on or through the Service will be accurate.

9. Third Party Services

The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. Eatsee is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Eatsee is not responsible or liable for such third parties' terms or actions.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Eatsee, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Service; (b) the conduct or Content of other users or third parties on, through, or following use of the Service; or (c) unauthorised access, use or alteration of your Content, even if Eatsee has been advised of the possibility of such damages. In no event will Eatsee aggregate liability to you for all claims relating to the Service exceed the amount paid, if any, by you to Eatsee for the Service while you have an account.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

11. Indemnity by You

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Eatsee, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

12. Entire Agreement; Other

This Agreement, with the Privacy Policy, the Safety Tips and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Eatsee regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Eatsee account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Eatsee in any manner.