Terms conditions

Using OrganizEat

• Who can use OrganizEat

  You may use OrganizEat only if you can legally form a binding contract with OrganizEat, and only in compliance with these Terms and all applicable laws. When you create your OrganizEat account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed. In compliance with the GDPR regulations, if you’re based in the EEA (European Economic Area), you may only use OrganizEat if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of OrganizEat has been provided to us. Using OrganizEat may include downloading software to your computer, phone, tablet, or other devices. You agree that we may automatically update that software, and these Terms will apply to any updates.

  If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products & Service may be software that is downloaded to your computer, phone, tablet, or other devices. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

• Our license to you

  Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products & Service.

• Our role regarding the content you save in OrganizEat

  OrganizEat Products & Service in only a container service, to allow easier collection, better organization and simpler usage of our users personal cooking content. OrganizEat holds no liability or responsibility as to the actual and specific content choices, that users decide to store using our service.

Your Content

• Posting and saving content

  OrganizEat allows you to upload to your account content, including photos, comments, links, and other materials. Anything that you upload or otherwise make available on our Products & Service is referred to as “User Content” or “Content”. You retain all rights in, and are solely responsible for, the User Content you upload to OrganizEat.

  Your use of our Product & Service must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. This applies whether the Content is kept private, shared or transmitted using the Service or any third-party application or services integrated with the OrganizEat service. If we find that any shared Content in your account violates our Terms of Service (including by violating another person’s intellectual property or privacy rights), we reserve the right to un-share or take down such content.

  CONTENT RIGHTS.

  While you own the Content you store within the OrganizEat service (subject to third party rights), you acknowledge and agree that OrganizEat (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service and all OrganizEat software deployed by you or a third party to enable capturing of Content originating outside the Service, such as OrganizEat safari browser extension widget or any of the OrganizEat software applications for compatible computing devices that enable access and use of the Service through such device (the “OrganizEat Software”).

  INTELLECTUAL PROPERTY RIGHTS.

  In agreeing to these Terms, you also agree that the rights in the Service and OrganizEat Software, including all intellectual property rights, such as trademarks, patents, designs, and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations, and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any OrganizEat Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.

  RIGHT TO MODIFY THE SERVICE.

  We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service or OrganizEat Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. This includes our right to update prices we charge for the Service we provide and increase them if we see that this is necessary because of our business constraints.

  You also acknowledge that a variety of OrganizEat actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that OrganizEat has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for OrganizEat Full Version, OrganizEat Extra Photos, or another paid version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate or as may be required by applicable law.

  RIGHT TO ENGAGE THIRD PARTIES.

  OrganizEat engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. In addition, OrganizEat may contract with third-party resellers of the OrganizEat Full Version, premium version of the Service and payment processors to enable payments in your local currency and payment systems. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or Content and to understand our relationship with any reseller or payment processor.

  RIGHT TO USE THIRD-PARTY SOFTWARE.

  OrganizEat may from time to time include as part of the Service and OrganizEat Software computer software supplied by third parties which are utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. OrganizEat expressly disclaims any warranty or other assurance to you regarding such third party software.

  RIGHT TO UPDATE OUR SOFTWARE.

  In connection with any modification of the Service, OrganizEat may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. OrganizEat will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), OrganizEat may require you to install the update to continue accessing the Service. In all cases, you agree to permit OrganizEat to deliver these updates to you (and you to receive them) as part of your use of the Service.

• How OrganizEat and other users can use your content

  You grant OrganizEat and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on OrganizEat solely for the purposes of operating, developing, providing, and using the OrganizEat Products. Nothing in these Terms shall restrict other legal rights OrganizEat may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

• How long we keep your content

  Following termination or deactivation of your account, or if you remove any User Content from OrganizEat, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, OrganizEat and its users may retain and continue to use, store, display, reproduce, r, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through OrganizEat.

• Feedback you provide

  We value hearing from our users and are always interested in learning about ways we can make OrganizEat more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, OrganizEat does not waive any rights to use similar or related Feedback previously known to OrganizEat, or developed by its employees, or obtained from sources other than you.

• Deleting your content when you Premium Membership no longer holds

  If you have an account with OrganizEat, and your subscription for it was canceled, and not renewed: since the continuation of storing this content has substantial costs for OrganizEat: OrganizEat may delete your account with all its content after providing you a prior notice that will be sent to the email address associated with the account.

• Deleting your content upon your request

  You are the owner of your content, and you can request to delete all of it at any time. Just send us an email to support@organizeat.zendesk.com and following your request, we will immediately delete your complete OrganizEat account, with all the content and information.

Copyright policy

OrganizEat has adopted and implemented the OrganizEat Copyright policy. For more information, please read our Copyright policy.

How Does OrganizEat Respond to Copyright or Other Intellectual Property Violations? We respond to clear and complete notices of an alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms. If you believe that your intellectual property rights have been violated, please notify our team according to the instructions provided by our Copyright policy and we will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and OrganizEat does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.

Security

We care about the security of our users. While we work to protect the security of your content and account, OrganizEat cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

Third-party links, sites, and services

Our Products & Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by OrganizEat. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from OrganizEat, you do so at your own risk and you agree that OrganizEat will have no liability arising from your use of or access to any third-party website, service, or content.

Termination

OrganizEat may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms. We reserve the right to refuse service to anyone.

If you have an account with OrganizEat, and your subscription for it was canceled, and not renewed: since the continuation of storing this content has substantial costs for OrganizEat: OrganizEat may delete your account with all its content after providing you a prior notice that will be sent to the email address associated with the account.

You can request to delete all of it at any time. Just send us an email to support@organizeat.zendesk.com and following your request, we will immediately delete your complete OrganizEat account, with all the content and information.

Indemnity

If you use our Products & Service for commercial purposes without agreeing to our Business Terms, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless OrganizEat and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms. If we are sued because of something your business does on OrganizEat, you have to pay our costs.

Disclaimers

The Products & Service and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

ORGANIZEAT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.OrganizEat takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products & Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

If you’re a consumer in the EEA (European Economic Area), in compliance with the GDPR regulations we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORGANIZEAT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL ORGANIZEAT’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED FIFTY U.S. DOLLARS (U.S. $50.00).

If we cause damage to you and you’re a consumer in the EEA (European Economic Area), in compliance with the GDPR regulations the above doesn’t apply. Instead, OrganizEat’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. OrganizEat isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.

More simply put: we are building the best service we can for you but we can’t promise it will be perfect. We’re not liable for things that might go wrong.

Arbitration

For any dispute you have with OrganizEat, you agree to first contact us and attempt to resolve the dispute with us informally. If OrganizEat has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Israeli Chamber of Arbitrators (“ICA”). Unless you and OrganizEat agree otherwise, the arbitration will be conducted in the county where OrganizEat is incorporated, which is the state of Israel. Each party will be responsible for paying any ICA filing, administrative and arbitrator fees in accordance with ICA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ORGANIZEAT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

To the extent, any claim, dispute or controversy regarding OrganizEat or our Products & Service isn’t arbitrable under applicable laws or otherwise: you and OrganizEat both agree that any claim or dispute regarding Organizeat will be resolved exclusively in accordance with Clause 11 of these Terms.

If you’re a consumer in the EEA (European Economic Area), in compliance with the GDPR regulations, Section 10 doesn’t apply to you.

Governing law and jurisdiction

OrganizEat is an Israeli company, incorporated in Israel. These Terms shall be governed by the laws of the State of Israel, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Israel, for any actions not subject to Section 10 (Arbitration).

If you are a consumer in the EEA (European Economic Area), in compliance with the GDPR regulations this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.

General Terms

• Notification procedures and changes to these Terms

  OrganizEat reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products & Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products & Service.

• Assignment

  These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by OrganizEat without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

  If you’re a consumer in the EEA (European Economic Area), in compliance with the GDPR regulations OrganizEat may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment, you are entitled to terminate the agreement with immediate effect by deactivating your account. OrganizEat will provide you with reasonable notice of any such assignment.

• Entire Agreement/Severability

  These Terms, together with the Privacy policy and any amendments and any additional agreements you may enter into with OrganizEat in connection with the Products, shall constitute the entire agreement between you and OrganizEat concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

• Will These Terms of Service Ever Change?

  These Terms, including the price we charge for our service, may be amended as new features, technology, or legal requirements arise, so please check back from time to time. If we make a significant change, we’ll notify you and, where required, seek your consent.

  If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.

• No waiver

  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and OrganzEat’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

• Parties

  OrganizEat is an Israeli company, and our reference to OrganizEat in these Terms includes ORGANIZEAT LTD, company registration number 515726321. Wherever you live, these Terms are a contract between you and ORGANIZEAT LTD., 8 Hartzit Street, Modi’in, Israel 7170880.

• Effective

  May 25, 2018

In-App purchase terms

• In order to keep using the premium Full Version of the app, an annual subscription is required.

• Price may vary by location.

• Price may be updated in the future.

• Subscription will be charged to your credit card through your Apple iTunes or Google Play stores account.

• OrganizEat has no access to users credit card details and payment information. All charges of payment are run by Apple iTunes or Google Play stores, and OrganizEat receives the revenues from them.

• Therefore, OrganizEat doesn’t control the users’ refund. All claims for a refund or money back should be submitted to the Apple iTunes or Google Play stores and will be respected according to their decisions only.

• Your subscription will automatically renew unless canceled.

• Manage your subscription in Apple iTunes or Google Play stores account settings after purchase.

• Payment will be charged to Apple iTunes or Google Play stores Account at confirmation of purchase.

• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.

• If you have an account with OrganizEat, and your subscription for it was canceled, and not renewed: since the continuation of storing this content has substantial costs for OrganizEat: OrganizEat may delete your account with all its content after providing you a prior notice that will be sent to the email address associated with the account.

• Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.

• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.

• Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

• The app’s price may vary by location and may change in the future. Payment will be charged to your credit card through your Apple iTunes or Google Play stores account.

Questions

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by emailing us at support@organizeat.zendesk.com