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Terms of Use

Effective from March 29, 2025

What do these Terms cover?

We understand that reading Terms of Service may not be the most exciting task, and you might be tempted to skip them. However, it is important to establish what you can expect from us when using Yummday’s services and what we expect from you.

BEFORE YOU START USING THE SERVICE.

Please read these Terms. We will apply them when handling matters that concern you. If you have any questions, please contact us – see: Questions, Complaints, and Feedback.

These Terms of Service help Yummday define its relationship with you based on your interactions with our services. These Terms include, for example, the following sections:

  • What we expect from you – defining certain rules for using our services.

  • Subscription and billing terms – including cancellations, subscriptions, refunds, fees, and other costs.

  • What you can expect from us – a description of how we provide and develop our services.

  • In case of problems or disputes – how such issues should be resolved.

In addition to these Terms, we have also published our Privacy Policy: https://www.yummday.ai/pl. We encourage you to review it to better understand how we update, manage, export, and delete your data.

Understanding these Terms is important, and accepting them is required to use our services.

Table of Contents

  1. Introduction

  2. Who are we?

  3. When do these Terms of Service apply?

  4. Who can access Yummday?

  5. The App, Features, and Content do not constitute medical advice, diagnosis, or treatment.

  6. Registration and requirements

  7. Using the App

  8. Export control and economic sanctions

  9. Limited License to use the App

  10. User Content Rights

  11. Use at your own risk

  12. Disclaimer regarding the use of the App by minors

  13. Subscriptions and billing terms

  14. Passwords

  15. Warranty Disclaimers

  16. Limitation of Liability

  17. Using mobile devices

  18. Third-Party Services and Links

  19. Your Feedback

  20. Rights to enforce the Agreement

  21. Maintenance and Updates

  22. Security

  23. Dispute Resolution and Arbitration

  24. Governing Law

  25. Reporting and Content Removal Procedure

  26. Other Provisions

  27. Questions, Complaints, and Feedback

1. Introduction

1.1. Please read the Terms of Service carefully (or simply “Agreement” or “Terms”). This Agreement is a legally binding contract between you and Maryna Karas, residing in Warsaw, ul. Jana Kochanowskiego 23. Access to and use of Yummday’s products and services is strictly dependent on your acceptance of this Agreement. If you do not agree to these Terms, you will not be granted access to Yummday or its products and services.

1.2. PLEASE CAREFULLY READ THE BINDING ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER LOCATED IN SECTION 24. These clauses affect how disputes between you and Yummday are resolved and inform you about your opt-out rights.

NOTE: Depending on your place of residence, you may have rights under applicable local law that cannot be waived. Nothing in this Agreement limits any such rights.

1.3. By creating an account or using the App, you confirm that you accept the terms of this Agreement and agree to comply with them. IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT ACCESS OR USE THE APP.

1.4. In addition to these Terms, the following documents also apply as part of our agreement with you: https://www.yummday.ai/pl (Privacy Policy).

1.5. By accepting this Agreement, you confirm that:
(a) You have read and agree to comply with these Terms and any additional conditions referenced herein;
(b) You have reviewed and consent to the Privacy Policy;
(c) You agree not to use the relevant services or content for any purposes other than those described in these Terms.

2. Who are we?

2.1. We are Maryna Karas, residing in Warsaw, ul. Jana Kochanowskiego 23. In this Agreement, we will refer to ourselves as “Yummday,” “we,” or “us.”

2.2. Yummday’s contact details:
📧 marinavorobei@gmail.com
📧 info.yummday@gmail.com

3. When do these Terms of Service apply?

3.1. These Terms apply in all cases of using the Yummday mobile application (“App”), websites (https://www.yummday.ai/, https://www.yummday.ai/pl, etc.), and all associated services, features, and content offered by Yummday.

4. Who can access Yummday?

4.1. You must be at least 13 years old to use the App and access Yummday’s content (16 years old for residents of the European Economic Area and the United Kingdom).

4.2. We do not knowingly collect personal data from children under 13 years of age (16 years for residents of the EEA and the UK).

4.3. We do not permit individuals under 13 years of age to use the App or access Yummday (16 years for EEA and UK residents).

4.4. Some features of the App may be restricted for users under 18 years old.

4.5. If you become aware of someone violating these age restrictions, please contact us at marinavorobei@gmail.com, so we can take steps to remove or close the user’s account.

5. The App, Features, and Content do not constitute medical advice, diagnosis, or treatment

5.1. Yummday IS NOT A LICENSED MEDICAL SERVICE PROVIDER, AND THE APPLICATION IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR THERAPY FOR ANY MEDICAL CONDITION. BEFORE MAKING ANY DECISIONS OR TAKING ACTIONS THAT MAY AFFECT YOUR HEALTH, THE HEALTH OF YOUR FAMILY, OR YOUR PREGNANCY, YOU SHOULD CONSULT A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. NEVER IGNORE PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION OBTAINED THROUGH THE APPLICATION. ALWAYS CONSULT YOUR DOCTOR IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR IF YOU NOTICE ANY CHANGES IN YOUR HEALTH CONDITION. IN CASES REQUIRING IMMEDIATE MEDICAL ATTENTION, CALL EMERGENCY SERVICES OR VISIT THE NEAREST EMERGENCY MEDICAL FACILITY IMMEDIATELY.

5.2. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR UNINTENDED TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE MATERIALS PROVIDED, NOR FOR ANY VIOLATION OF ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY REGARDING SEXUAL EDUCATION MATERIALS AND RELATED CONTENT.

5.3. SOME TRANSLATIONS OF THE Yummday APPLICATION OR WEBSITE ARE PROVIDED THROUGH MACHINE LEARNING ALGORITHMS AND ARTIFICIAL INTELLIGENCE. Yummday DISCLAIMS ALL WARRANTIES RELATED TO TRANSLATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6. Registration and Requirements

6.1. Before using the Application, we may ask you to create or update an account ("Account") and provide certain personal information, which may include your name, date of birth, and email address.

6.2. All information provided during account creation must be accurate and must be updated promptly if it changes.

6.3. This information will be stored and used in accordance with our Privacy Policy, available at https://www.yummday.ai/pl ("Privacy Policy").

6.4. Yummday reserves the right to refuse account creation or restrict access to certain content within the Application for users under 18 years of age, at its sole discretion.

7. Use of the Application

7.1. Any content you share through the Application is subject to the Privacy Policy, available at https://www.yummday.ai/pl. When you post a question or response, you are solely responsible for your statements, the consequences of publishing them, and any actions you take based on publicly available information. Yummday and its licensors are not responsible for any consequences arising from statements made in public areas. If you feel threatened or believe someone else is in danger, immediately contact local law enforcement authorities. If you believe you are in a situation requiring immediate medical intervention, call a doctor or emergency services immediately. Using the Application is conditioned upon your agreement not to use it for any purpose that contradicts this Agreement. You are responsible for all actions taken in connection with the Application and must comply with all local, state, national, and international laws, regulations, and relevant legal codes.

7.2. You agree that engaging in any of the following actions constitutes a material breach of this Agreement, and you THEREFORE AGREE:

7.2.1. not to resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Application;
7.2.2. not to modify, reverse-engineer, decompile, or disassemble the Application;
7.2.3. not to copy, adapt, modify, translate, or create derivative works based on the Application without Yummday’s written authorization;
7.2.4. not to allow others to use the Application, including but not limited to shared access via a network connection, unless in accordance with this Agreement;
7.2.5. not to bypass or disable any technical protections or security features in the Application designed to protect intellectual property rights;
7.2.6. not to use the Application in connection with devices, programs, or services designed to circumvent technical security measures controlling access to or protecting copyrighted content, regardless of jurisdiction;
7.2.7. not to use or operate the Application to compile data for use in or by a competing product or service;
7.2.8. not to use your Account to advertise, promote, or send unsolicited commercial messages, chain letters, spam emails, or mass communications;
7.2.9. not to use your Account for any unlawful activities;
7.2.10. not to post or transmit any content that infringes on the rights of others;
7.2.11. not to upload or share multimedia content containing hate speech, violence, offensive imagery or behavior, obscene material, pornography, sexually explicit content, or any other material that may result in civil or legal liability under applicable laws or regulations, or that may otherwise violate this Agreement.

7.2.12. Do not send any materials containing computer viruses or other fragments of code, files, or computer programs that are malicious, technologically harmful, or intended to disrupt, destroy, or limit the functionality of any computer software, this website, or the Application.

7.2.13. Do not use data, content, or features from the Application and website for diagnosing, treating, or combating the symptoms of any diseases or medical conditions.

Any such prohibited use will result in the immediate termination of your license to use the Application. Yummday grants you permission to use the Application, but only on the condition that you use it in accordance with the Agreement. If you violate these Terms by using the Application in a prohibited manner, your permission to use the Application will be revoked, and you will no longer be authorized to use it.

8. Export Control and Economic Sanctions

8.1. The software that supports the Application may be subject to U.S. export and re-export laws and regulations, including the Export Administration Regulations ("EAR") of the U.S. Department of Commerce, trade and economic sanctions of the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury, and the International Traffic in Arms Regulations ("ITAR") of the U.S. Department of State.

8.2. You declare and guarantee that (1) your place of residence or business is not located in any country or region subject to a U.S. government embargo, and (2) you are not listed on any prohibited lists under the aforementioned regulations.

8.3. You agree to comply with all U.S. and other applicable export laws and regulations to ensure that neither the Application, its related technical data, nor any direct product or derivative of such technology obtained from Yummday under these Terms of Use is exported or re-exported, directly or indirectly, in violation of such laws and regulations or used for any purposes prohibited by them.

9. Limited License to Use the Application

9.1. We grant you a personal, territorially unlimited, revocable, non-transferable, and non-exclusive license to access and use the Application for personal and non-commercial purposes in accordance with the terms of this Agreement. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, transfer, or sell any texts, graphics, logos, and other source-identifying symbols, designs, icons, images, or other software information or codes obtained from the Application, nor may you license such elements or create derivative products based on them without prior written consent from Yummday, which may be withheld for any or no reason. You also agree not to download, present, or use any content from the Application that has been provided by Yummday or its licensors and made available in the Application for use in any publications, public displays, websites other than the Application, for any commercial purposes, in connection with products or services not offered by Yummday, in any other way that may mislead consumers, misrepresent, discredit, weaken the intellectual property rights of Yummday or its licensors, or otherwise violate Yummday’s or its licensors' intellectual property rights. You also agree not to use in any other way any content published by Yummday or third-party content published in the Application.

9.2. All rights, titles, and interests in the Application and its benefits that are not expressly granted under this Agreement are reserved by Yummday. If you wish to use any software, title, trade name, trademark, service mark, logo, domain name, or any other brand-specific identifier, or any other content owned by Yummday, you must obtain prior written permission from Yummday. Requests for such permission may be directed to marinavorobei@gmail.com.

9.3. To avoid any doubt, all texts, images, photographs, audio materials, videos, location information, software, codes, and any other forms of data or communications that Yummday creates and provides in connection with the Application are the property of Yummday. This includes, but is not limited to, visual interfaces, interactive features, graphics, designs, compilations of User Content (as defined below), compilations of user ratings, and other elements and components of the Application, excluding User Content (collectively referred to in this Agreement as "Yummday Content"). Except as expressly and explicitly provided in this Agreement, we do not grant you any explicit or implied rights, and all rights to the Application and Yummday Content belong to us.

10. User Content Rights

10.1. The Chatbot allows you to add personal notes, share your stories, publish and post content, upload content, and record certain information in the Chatbot ("User Content"). You retain all rights to the User Content that you post, share, or record in the Chatbot.
By posting your User Content in the Chatbot, you (a) grant Yummday a non-exclusive, transferable, sublicensable, worldwide, and royalty-free license to use, copy, utilize, modify, publicly display, publicly perform, create derivative works from your User Content, incorporate your User Content into other works, alter, reformat, and distribute your User Content in connection with the provision of the Chatbot and related services, as well as for the management of the Chatbot and related services and/or for Yummday’s promotional purposes (e.g., by displaying it on our website, in the Chatbot, on social media, on any website or platform on the Internet, at our discretion) in accordance with the Privacy Policy; and (b) agree to indemnify and hold harmless Yummday and its affiliates, board members, executives, and employees from any claims and expenses, including attorney fees, arising from your User Content and/or your failure to comply with the terms described in this Agreement.

10.2. Yummday reserves the right to review any User Content before it is submitted to the Chatbot and to remove any content or multimedia materials at any time, for any reason, without prior notice, at its sole discretion.

11. Use at Your Own Risk

11.1. Our goal is to provide you with access to valuable health information. However, the Chatbot cannot and does not guarantee health improvement and assumes no responsibility for the outcomes.

11.2. You use the Chatbot and any information, forecasts, or suggestions provided within it at your own risk. We make no representations or warranties regarding the accuracy of the data, information, estimates, or forecasts we may provide through the Chatbot, and you acknowledge that the Chatbot does not serve the same purpose as medical devices, scientific instruments, or healthcare providers.

12. Disclaimer on Use of the Chatbot by Minors

12.1. THE INFORMATION CONTAINED IN THE CHATBOT DOES NOT ENCOURAGE OR PROMOTE, IN ANY WAY, SEXUAL BEHAVIOR OR ACTIVITIES AMONG MINORS AND IS NOT DIRECTED AT ANY SPECIFIC INDIVIDUAL. ALL INFORMATION IN THE CHATBOT IS FOR GENERAL EDUCATIONAL PURPOSES ONLY.

12.2. We carefully review the materials we provide through the Chatbot to individuals between the ages of 13 and 17 to avoid sharing any inappropriate or harmful content. We fully understand that moral and ethical standards governing the scope of information on sexuality permissible for minors may vary across different countries.

12.3. We do not intend to publish, nor do we knowingly publish, content of an explicitly sexual nature or content that could be considered harmful to minors under applicable laws. We make reasonable efforts to ensure that all materials provided in the Chatbot are fact-based and supported by scientific knowledge.
Please note that individual ethical views regarding what constitutes offensive or harmful content for minors may differ from the legal requirements regulating the content that can be shared with minors.

13. Subscriptions and Billing Terms

13.1. Subscriptions. We may offer you the opportunity to purchase subscriptions that grant access to certain content, products, or services for a specified period. Subscriptions are active for an indefinite period. We charge you continuously, automatically, and on a regular basis until the subscription is canceled. The applicable charges, billing frequency, and cancellation methods are explained before you make a purchase.

13.2. Certain content, products, or services available through a subscription may change over time as we introduce new features, expand our offerings, and occasionally discontinue features that no longer perform as expected. Features and content within the Chatbot may vary by country, language, app store, version, or device.
By using Yummday, you agree that your purchases are not contingent upon the provision of any future features or functionalities and are not based on any oral or written public statements or comments made by Yummday regarding such features or functionalities.

13.3. The Yummday Chatbot is available through third-party providers: Apple App Store and Google Play Store. Therefore, when making a purchase, you may enter into a separate agreement with the relevant third-party service provider operating your app store, which may impose its own terms. Depending on the terms of the respective third-party provider, you may need to exercise your rights regarding cancellation and refunds directly with those providers.

13.4. Payments. You may purchase a subscription on a recurring basis, as disclosed before purchase, either directly from Yummday or through a third party, by making an upfront payment for the subscription along with applicable taxes.

13.5. Free Trial. Some of our subscriptions include a free trial period during which you can use the application for a specified time at no cost or at a reduced price ("Trial Period"). Trial Periods automatically convert into a paid recurring subscription at the end of the trial period. To avoid being charged, you must cancel your subscription before the trial period ends. Please review all applicable terms carefully before signing up for a Trial Period.

13.6. Price and Tax Changes. Yummday may change subscriptions, including recurring subscription fees, at any time and will notify you in advance of any price changes. Price changes will take effect at the beginning of the next subscription period following the date of the price change; your continued use of the subscription after the subscription fee change constitutes your acceptance of the change. If you do not agree with the price change, you can reject it by canceling the applicable subscription before the new price takes effect.  

If we notice an error in the price of the products you purchased, we will contact you. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, your purchase will be automatically canceled. Tax rates or other fees are based on the rates applicable at the time of your monthly payment. These amounts may change over time depending on local tax requirements in your country, state, region, county, or city. Any changes in tax rates will be automatically applied based on the account information you provide. 13.7. Renewal. Your payment to Yummday or a third party through whom you purchased the subscription will automatically renew at the end of the applicable subscription period unless you cancel your subscription before the end of the current subscription period. 13.8. Cancellation. To avoid being charged for the next subscription period, you must cancel your subscription or Trial Period before it renews. If you purchased your subscription through https://www.yummday.ai/, you can cancel your subscription renewal at any time by sending us an email to info.yummday@gmail.com, including the email address you used to register your account at https://www.yummday.ai/.  

You can also use the following form: "Subject – Subscription Cancellation To the Yummday Support Team, I hereby request to cancel my subscription. The email address I used to register my account on https://www.yummday.ai/ is enter here." If you purchased your subscription through a third party, please contact them for information about billing, cancellation, and refunds. To cancel your subscription or Trial Period, please contact our support team at info.yummday@gmail.com or click here and follow the instructions. 13.9. Promotional Offers. From time to time, you may have the opportunity to purchase a subscription through a Promotional Offer. Promotional Offers may be for new users only and/or be available to select users or for a limited time. Other restrictions may apply. After the promotional period, your subscription will automatically renew at the then-current regular price (subject to change) plus applicable taxes, unless canceled.

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14. Passwords

14.1. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your passwords or 1 Chat-bot account. You are solely responsible for (1) supervising the dissemination and use of login details, usernames, and passwords; (2) authorizing, monitoring, and controlling access to and use of your Chat-bot account and password; (3) promptly notifying Yummday if you believe your account or password has been compromised, or if there is any other reason you need to deactivate a password. 2 Please contact us at marinavorobei@gmail.com. 14.2. You grant Yummday and all other persons or entities involved in the operation of the Chat-bot the right to transmit, monitor, retrieve, store, and use your data in connection with the operation of the Chat-bot. You also acknowledge and agree that the Chat-bot and account are designed and intended for individual personal use and that you should not share your account details and/or password with others. Yummday cannot and does not accept any responsibility or liability for any information you share or for the use or misuse by you or third parties of information transmitted or received in connection with your use of the Chat-bot. The company is also not responsible for any losses resulting from unauthorized use of your account due to your failure to comply with these rules.

15. Disclaimer of Warranties

15.1. Yummday controls and operates the Chat-bot from various locations and does not guarantee that the Chat-bot is appropriate or available in all locations. The Chat-bot or certain of its features may not be available in your location or may vary by location. 15.2. THE CHAT-BOT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, EXCEPT TO THE EXTENT REQUIRED BY LAW. NEITHER Yummday, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS WARRANT, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE CHAT-BOT WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE CHAT-BOT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE CHAT-BOT WILL MEET YOUR REQUIREMENTS; OR THAT (E) CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS FROM THIRD PARTIES AND AVAILABLE ON OR THROUGH THE CHAT-BOT, INCLUDING SECRET CONVERSATIONS, ARE ACCURATE, RELIABLE, AND COMPLETE. YOUR USE OF THE CHAT-BOT IS AT YOUR SOLE RISK. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

16.1. NEITHER Yummday, NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS SHALL IN ANY CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), EQUITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THIS CHAT-BOT. THE TOTAL LIABILITY ARISING FROM OR IN CONNECTION WITH THESE TERMS, FROM THE USE OR INABILITY TO USE THE CHAT-BOT SHALL IN NO EVENT EXCEED, AS APPLICABLE, THE AMOUNTS YOU HAVE PAID TO Yummday FOR USE OF THE CHAT-BOT, OR ONE HUNDRED DOLLARS (USD $100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Yummday, AS THE CASE MAY BE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER Yummday, NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS, NOR ANY THIRD PARTY MENTIONED IN THE CHAT-BOT, SHALL BE LIABLE FOR ANY BODILY INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE CHAT-BOT. THE LAWS OF SOME STATES/COUNTRIES IMPOSE LIMITATIONS ON THE LIMITATION OF LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU IN CASES WHERE IT WOULD VIOLATE APPLICABLE LAW. IN THE EVENT THAT ANY PROVISION PURPORTS TO EXCLUDE OR LIMIT OUR LIABILITY TO AN EXTENT GREATER THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR LIABILITY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

17. Use of Mobile Devices

17.1. Please remember that if you use the Chat-bot on a mobile device, your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.

18. Third-Party Services and Links

18.1. The Chat-bot may provide links to third-party websites, applications, or other products or services ("Third-Party Services"). Yummday does not control Third-Party Services in any way, and therefore Yummday is not responsible for the privacy practices of Third-Party Services and bears no responsibility related to Third-Party Services. You link to and use any Third-Party Services other than the Chat-bot at your own risk. Yummday's posting of links to Third-Party Services does not imply any endorsement by Yummday of the materials posted on such Third-Party Services or associated with such Third-Party Services, and should not be construed as such by any user of the Chat-bot. Yummday disclaims all responsibility for products or services offered by any Third-Party Services or information contained on any Third-Party Services. You must take appropriate steps to evaluate whether access to Third-Party Services is appropriate, including in terms of protecting your personal data and privacy when using any Third-Party Services and complying with applicable agreements. You may not link to our websites, applications, content, or services in a manner that is: (i) unlawful, (ii) suggests any form of association with us or approval or endorsement from us where none exists, (iii) damaging to our reputation, or (iv) unfair.

19. Your Feedback

19.1. We welcome your comments and feedback regarding the Chat-bot. Any communications you send to us and content published in app stores are considered non-confidential unless expressly stated otherwise. You agree that we may choose to publish such content at our discretion. You agree to authorize us to use such content free of charge and to correct, modify, adapt, and contextualize or make any changes we deem appropriate.

20. Enforcement Rights

20.1. We are not obligated to monitor access to or use of the Chat-bot. However, we reserve the right to do so for the purpose of operating and maintaining the Chat-bot, ensuring your compliance with the terms of this Agreement, and complying with applicable legal requirements. We may report illegal conduct to law enforcement authorities and may cooperate with law enforcement authorities to prosecute users who violate the law in the course of a valid legal proceeding. 20.2. We reserve the right (but are not obligated) to remove or block any content posted on the Chat-bot or access to the Chat-bot, at any time, in any case without notice and at our discretion, if we determine in our discretion that your content or your use of the Chat-bot is inappropriate or constitutes a violation of the terms of this Agreement. We may at any time refuse to provide the service, close Accounts, and change the rules for providing the service. Yummday has no responsibility or liability to users of the Chat-bot or any other persons or entities for the performance or non-performance of the aforementioned actions.

21. Maintenance and Updates

21.1. From time to time, changes, extensions, improvements, and fixes to the Chat-bot may be required to ensure its proper functioning. We may also at any time cease operating parts or all of the Chat-bot or block selected features of the Chat-bot. Your use of the Chat-bot does not entitle you to require continuous operation or availability of the Chat-bot. 21.2. Any modifications or termination of the Chat-bot or any feature will be carried out at our sole discretion, without any continuing obligations or liability to you. 21.3. We may at any time suspend indefinitely or cease providing online access to Yummday-related content, including due to service degradation, maintenance work, or updates, without prior notice or liability. We may also stop offering certain content or features. For content or features that use online servers, we do not undertake to maintain the availability of such servers.

22. Indemnification

22.1. You agree to defend, indemnify, and hold harmless Yummday and its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers, and content providers from any claims, lawsuits, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from your violation of the terms of this Agreement or allegedly arising from your violation of the terms of this Agreement.

23. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. a. ARBITRATION: To the fullest extent permitted by applicable law, and to resolve any dispute between you and Yummday in a cost-effective and beneficial manner, you and Yummday agree that any disputes, claims, or controversies arising out of or relating to this Agreement (collectively, “Disputes”) will be resolved by binding individual arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules") in effect at that time, except as modified by this Agreement. The AAA Rules and filing forms are available at www.adr.org. b. If you are a resident of any European Union country or the United Kingdom, Switzerland, Norway, or Iceland, the applicable law and jurisdiction are the laws and courts of your place of permanent residence. c. SMALL CLAIMS COURT: As an alternative to arbitration, you and Yummday retain the right to bring any Disputes in any small claims court in the jurisdiction appropriate for the Dispute. d. ARBITRATION LOCATION/HEARING PROCEDURES: If you reside in the United States, the place of arbitration will be, at your option, (a) the state in which you reside, or (b) New Castle County, Delaware. If you reside outside the United States, then the Arbitrator will determine the place of arbitration based on the factors set out in the AAA Rules. Regardless of the place of arbitration, Yummday agrees that any required arbitration hearings may be conducted, at your option, by telephone or video conference, not necessarily in person. Arbitration may also be resolved solely on the basis of documents submitted to the Arbitrator if both you and Yummday agree to this (which agreement must be in writing and delivered to the Arbitrator). The procedural law applicable to the arbitration proceedings is the law of the place of arbitration and the provisions of the AAA Rules. All arbitration proceedings (and any related and/or resulting court proceedings) are subject to the Federal Arbitration Act of the United States. e. NOTICE OF DISPUTE/INFORMAL RESOLUTION EFFORTS: Both you and Yummday agree, at least 30 days prior to the commencement of arbitration proceedings, to notify the other party in writing of the dispute ("Notice of Dispute") and to make a good faith attempt to negotiate an informal resolution. The Notice of Dispute must be sent to: Maryna Karas, ul. Jana Kochanowskiego 23, Warsaw. Yummday will send the Notice of Dispute to the email address associated with your Account. The Notice of Dispute must include: the name of the person initiating the Dispute and their preferred contact information, a brief description of the dispute, and an indication of the relief sought. If you and Yummday are unable to resolve the dispute within 30 days, either party may commence arbitration proceedings by filing a written Request for Arbitration (available at www.adr.org) with the American Arbitration Association and providing a copy to the other party, in accordance with the AAA Rules. f. ARBITRATION FEES AND COSTS: Your share of administrative fees and arbitrator's fees and costs (collectively, "Arbitration Costs") are subject to the provisions of the AAA Rules. Either party may request that the Arbitrator award attorneys' fees and costs (in addition to some or all other Arbitration Costs) upon proving that the other party brought a claim, counterclaim, or defense that is groundless in fact or law, was brought in bad faith or for harassment, or is manifestly unfounded.

24. Governing Law

24.1. This Agreement and any dispute arising out of or related to this Agreement or your use of the Chat-bot will be governed by the laws of the State of Delaware in the United States of America, without regard to its conflict of law provisions.

25. Assignment

25.1. These Terms and any rights and licenses granted hereunder may not be assigned, transferred, or delegated by you, but may be assigned by Yummday without restriction. Any attempt by you to assign, transfer, or delegate in violation of this provision is void.

26. Notices

26.1. Unless these Terms specify otherwise, all notices or other communications provided by Yummday under this Agreement, including those regarding modifications to this Agreement, will be given: (i) by Yummday via email; or (ii) by posting to the Chat-bot. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

27. Entire Agreement/Severability

27.1. This Agreement, together with any amendments and any additional agreements you may enter into with Yummday in connection with the Chat-bot, constitutes the entire agreement between you and Yummday concerning the Chat-bot. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. 27.2. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Yummday’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.  

 

28. Contact Information

28.1. For questions about these Terms, please contact us at: info.yummday@gmail.com.

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