This agreement (“Agreement”) between PreciTaste, Inc., dba PreciTaste ( “Provider,” or “We”) and you, a user of either the Prep Assistant, Planner Assistant or other PreciTaste services or the Subscriber listed in an Order Form, or otherwise, (“Subscriber,” “You” or “User”) concerns (i) the use of or subscription to the PreciTaste Suite of Assistants provided with or without the PreciHub (“PTSAS” or “Services”) which refers to all software, electronic devices, graphical user interfaces (with or without recommendations), websites, mobile applications, physical products, Application Program Interfaces (APIs), cloud services, software interfaces, automated notifications (including emails, text messages, push notifications or electronic notifications), data storage, and similar or related services provided by Provider or its Affiliates, and (ii) the sale of products, whether related to the PTSAS or not (“Products”), which it does now offer or which it may offer in the future.
This Agreement (including its schedules and any Order Form that specifically references these Terms of Use) contains the complete and entire understanding and agreement between Subscriber and Provider, and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement. This Agreement may not be amended orally, impliedly, or unilaterally by Subscriber, or in any other manner contrary to that permitted by this Agreement.
The provisions of this Agreement shall apply vis-à-vis the Provider and / or its relevant Affiliates, as the context may apply.1. User’s Acknowledgement and Acceptance of Terms
Provider provides use of the parts of PTSAS, as described in Subscriber’s Order Form, in an agreement or listed as part of Subscriber’s subscription as selected and agreed to by Subscriber during their registration with PreciTaste, or otherwise as captured within PTSAS, which may be provided in a web based, desktop, mobile and/or other type of interface, and various services with the PTSAS to You, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced in this Agreement (the “Terms of Use”), as well as any other written agreement between Provider and Subscriber. When using Provider’s Services or Products, User shall be subject to any posted rules that may contain terms and conditions specific to a service(s) or product(s) in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. By using one or more of provider’s services or products, you agree to be immediately bound by these terms of use. If you do not wish to be bound by these terms of use, you have no permission to use provider’s services or products and must stop using them immediately.
User Obligations: By accessing or utilizing our platform, User agrees not to engage in any activity that violates the applicable law or infringes upon the rights of others. You specifically undertake not to host, display, upload, modify, publish, transmit, store, update, or share any information that falls within the following prohibited categories:
(i) Content that belongs to another person without proper authorization;
(ii) Material that is defamatory, obscene, pornographic, invasive of privacy, harassing, libelous, racially or ethnically objectionable, or in violation of current laws;
(iii) Content that is harmful to children;
(iv) Infringement upon any patent, trademark, copyright, or proprietary rights;
(v) Violation of any existing law;
(vi) Deceptive or misleading information;
(vii) Impersonation of another individual;
(viii) Threats to the unity, integrity, defense, security, or sovereignty of India, foreign relations, public order, or incitement to any offense;
(ix) Content containing software viruses or elements designed to interrupt or harm computer systems; and
(x) Fabricated content intended to mislead, harass, or cause harm for financial gain.
We expressly reserve the right to change these Terms of Use from time to time on our website, with electronic notice to You. You acknowledge and agree that it is your responsibility to review these Terms of Use from time to time and to familiarize yourself with any modifications posted online or electronically via email or in application notification. For Subscribers not previously bound by Provider’s Terms of Use, these current Terms of Use are effective immediately. For Subscribers that are bound by a prior version of the Terms of Use, this new version of our Terms of Use shall become effective within fourteen (14) days of the date they are posted on our website https://www.precitaste.com/terms-of-use . Your continued use of our Services and/or products after such modifications become effective will constitute agreement to abide by and be bound by these modified Terms of Use. As used in these Terms of Use, references to Provider’s “Affiliates” include its owners, subsidiaries, affiliated companies, employees, officers, and directors involved in creating, producing, marketing, selling, and/or delivering the Services and/or Products.
In order to access some of the Services on the PTSAS, You will be required to provide certain information in an online or offline registration form, which requests certain information and data (“Registration Data”). By registering, You agree that all information provided in the Registration Data is true and accurate and that You will maintain and update this information as required in order to keep it current, complete, and accurate. The information We obtain through your use of PTSAS, including your Registration Data, is subject to our privacy policy (“Privacy Policy”), which is specifically incorporated by reference into these Terms of Use. (See https://PreciTaste.com/privacy ).
Provider will maintain the servers and databases that are required for the PTSAS. Provider also will regularly back up all data entered into the PTSAS-components by Subscriber, and encrypt it during transport, to provide privacy and security. Provider has the responsibility to exercise best efforts in securing Subscriber’s data in accordance with relevant security standards and industry best practices. Subscriber is entitled to receive any technical support provided by Provider that is set forth in Schedule B. Provider reserves the right to change its technical support guidelines and procedures listed in Schedule B at any time by providing electronic notice to Subscriber. Subscriber’s continued use of the PTSAS following any changes to Schedule B will constitute acceptance of such changes.
Subscriber’s use of the PTSAS is subject to all applicable laws and regulations. If sensing hardware is involved, the subscriber is responsible to comply with applicable law and for informing staff and their customers of Sensitive Personal Information (“SPI”) that might be captured and compliance in accordance to state privacy laws. Also, it is Subscriber’s sole responsibility to comply with all applicable laws regarding its use of the PTSAS and with the content it inputs or maintains in PTSAS, including without limitation all applicable employment and hiring laws and regulations and all record keeping and data protection regulations in connection with the collection, processing, disclosure, subject access requests, retention, and transfer of personally identifiable data under the laws of the country and any other local jurisdiction in which Buyer is operating or collecting and transferring personal data. Provider shall have no liability related to the content Subscriber inputs into PTSAS, or for record keeping requirements and data protection obligations applicable to Subscriber unless expressly assumed by Provider pursuant to this Agreement.
Our PTSAS may link You to other web sites and their products and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites linked to the PTSAS may contain information or material that some people may find inappropriate, inaccurate or offensive. Because any sites linked the PTSAS and owned by third parties (“Third Party Web Sites”) are not under our control, You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, safety, decency, or any other aspect of the content of such Third Party Web Sites. We also are not responsible for (i) errors or omissions in any references to other parties on Third Party Web Site, or (ii) for defects in their products and services. The inclusion of such a link or reference is provided merely as a convenience to Subscriber and does not imply endorsement of, or specific business association with, the site or party by Provider, or any warranty of any kind by Provider, either express or implied, as to the fitness and merchantability of the third party products and services. Subscriber acknowledges and agrees that if it chooses any service or product offered on Third Party Web Sites, it has no remedy against Provider for any defects or other issues related to that service or product.
Provider’s Services include the PTSAS and its software interfaces that require both Provider and Subscriber to provide content that may be or is considered intellectual property. For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, text, and other material and services that can be viewed on or imputed into the PTSAS by either Provider or Subscriber.
Provider’s Services include the PTSAS and its software interfaces that require both Provider and Subscriber to provide content that may be or is considered intellectual property. For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, text, and other material and services that can be viewed on or imputed into the PTSAS by either Provider or Subscriber. This may include message boards, chat, and other original content. Provider’s Content. By accepting these Terms of Use, Subscriber acknowledges and agrees that all content developed or distributed by Provider and presented to Subscriber on the PTSAS is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of PreciTaste, Inc. and/or its Affiliates. Subscriber is only permitted to use the content as expressly authorized by Provider, or as authorized by the specific content owner in the event Provider includes intellectual property it has obtained from third parties. Subscriber may not copy, reproduce, modify, republish, upload, post, transmit, sell, or otherwise distribute any documents or information from our PTSAS in any form or by any means without prior written permission from Provider or the specific content provider, and Subscriber is solely responsible for obtaining permission before reusing any copyrighted material that is available on the PTSAS. Any unauthorized use of the materials provided by Provider and appearing on the PTSAS may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither Provider, nor its Affiliates, warrant or represent that Subscriber’s use of materials Provider has displayed on, or obtained through the PTSAS will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any Subscriber believes that content of Provider’s PTSAS infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
The following are trademarks, registered trademarks, or service marks of PreciTaste, Inc. or its Affiliates: PreciTaste, PreciHub, Virtual Baker. Other custom graphics, icons, logos and service names used by PreciTaste, LLC to identify and market its Services are registered trademarks, trademarks or service marks of PreciTaste, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants Subscriber any right to use any trademark, service mark, or logo, associated with PreciTaste, Inc. or PreciTaste and/or the name of PreciTaste, Inc. or their Affiliates.
Subscriber’s Content. Under this Agreement, the Provider is not being contracted to develop custom software or other materials for Company, but merely providing access to its standard Products and Services. Any and all information that is inputted or uploaded by Subscriber in its accounts registered with Provider’s PTSAS or into one of the user interfaces provided shall remain the sole and exclusive property of Subscriber. However, any ideas, suggestions, feature requests, or usage data given by Subscriber to Provider relating to general software functionality and usage behavior that leads Provider to improve or otherwise alter the PTSAS and associated Services and products shall be the sole and exclusive property of Provider and may be used by the Provider to improve its Products and Services, unless otherwise agreed to separately in writing by the signatories to this Agreement. Subscriber is the sole owner any images or videos captured in the locations of Subscriber by the Provider. Provider can also use any sensing or image data (including videos) captured at location’s of the Subscriber to further develop any of Provider’s algorithms or software, unless otherwise agreed to separately in writing by the signatories to this Agreement. Subscriber hereby grants to Provider the right to use Subscriber’s trademark and logo on its website and related marketing materials, for the sole purpose of indicating to third parties that Subscriber is using the Services.
We respect the intellectual property of others, and We ask You to do the same. If You or any other user of our PTSAS You are aware of believes its copyright, trademark or other property rights have been infringed by PTSAS, You or the other user(s) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Identify in sufficient detail the intellectual property (e.g., copyrighted work) that You believe has been infringed upon (or other information sufficient to specify the intellectual property being infringed).
Identify the material that You claim is infringing the intellectual property listed in item (a) above.
Provide information reasonably sufficient to permit Provider to contact You (email address is preferred).
Provide information, if possible, sufficient to permit Us to notify the owner/administrator (if not PreciTaste, Inc.) of the allegedly infringing webpage or other content that is part of or linked to the PTSAS (email address is preferred).
Include the following statement: “I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the intellectual property owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Sign the paper and send the written communication to the following address:
Designated Agent for Claimed Infringement PreciTaste Inc.
You acknowledge and agree that upon receipt of a notice of a claim of copyright or other intellectual property infringement, We may immediately remove the identified materials from the PTSAS without liability to You or any other party and that the claims of the complaining party may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act (assuming the issue is copyright infringement) or any other forum as mandated under applicable laws.
The PTSAS, and, more broadly, all of provider’s services and products, and all content contained within or related to the PTSAS (“content”), are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. without limiting the foregoing, we make no warranty that (a) the PTSAS, its content, and, more broadly, all the provider’s services and products will meet subscriber’s requirements, (b) the services, including the PTSAS and its content, will be uninterrupted, timely, secure, or error-free, (c) the products are free from any manufacturing, design or other defects, (d) results that may be obtained from the use of the PTSAS, its content, and more broadly provider’s services and products, will be effective, accurate or reliable, (e) the quality of any products, services, or information purchased or obtained by subscriber from the ptsas, provider and/or affiliates, will meet subscriber’s expectations or be free from mistakes, errors or defects. the ptsas and its content could include technical or other mistakes, inaccuracies or typographical errors, or (f) the recommendations given by the PTSAS are accurate. provider may make changes to the PTSAS, its content, and more broadly its services and products, including the prices and descriptions of any services or products listed on the PTSAS, at any time. the content of the PTSAS may be out of date, and provider makes no commitment to update it. use of the PTSAS, its content, and more broadly provider’s services, and/or the downloading, accessing of or other acquisition of any materials through the PTSAS, is done at subscriber’s own discretion and risk and with subscriber’s agreement that it will be solely responsible for any damage to its computer system, loss of data, loss of profits, or other costs incurred from such activities. Recommendations, or tasks displayed on the user interfaces of the PTSAS are not intended to be professional advice. Subscriber further understands and agrees that Provider has no control over either third party web sites or web service Subscriber may access in the course of its use of the PTSAS or the electrical power sources supporting those networks or services, and therefore, delays and disruption of other network transmissions are completely beyond Provider’s control. Subscriber understands and agrees that Provider’s Services available to Subscriber are provided “AS IS” and that Provider assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any User communications or personalization settings. Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
Hardware Warranty: Unless otherwise stated by PreciTaste in a sales agreement between PreciTaste and End-User Customer, Hardware directly manufactured by PreciTaste (“PreciTaste Hardware”) is warranted for a period of sixty (60) days from date of shipment from PreciTaste or, with proof of purchase, from the purchase date whichever is later, against defects in workmanship and materials, provided the PreciTaste Hardware remains unmodified and is operated under normal and proper conditions. PreciTaste does not provide, and disclaims all warranties, either express or implied, including without limitation any warranties of title, merchantability, fitness for a particular purpose, or noninfringement of the intellectual property rights of third parties, for hardware that is not manufactured by precitaste “third party hardware”. The sole obligation of PreciTaste for defective PreciTaste Hardware is limited to repair or replacement (at PreciTaste’s sole discretion) on a “return to service depot” basis with PreciTaste’s prior authorization. Subscriber is responsible for shipment to PreciTaste and assumes all costs and risks associated with this transportation. PreciTaste shall be responsible for return shipment to End-User Customer, unless PreciTaste, in PreciTaste’s sole and absolute discretion, determines that the corresponding Hardware has no defect or is not under warranty, in which case Subscriber shall be responsible also for return shipment. No charge will be made to Subscriber for warranty repairs. PreciTaste shall not be responsible for any damage to or loss of any software programs, data or removable data storage media, or the restoration or reinstallation of any software programs or data.Warranty repair shall be performed in a good and workmanlike manner. The repair shall conform in all material respects to the applicable industry standards for a period of thirty (30) days following completion of the repair or until the end of the original warranty period, whichever is longer. Subscriber’s sole and exclusive remedy in regard to warranty repair shall be to request PreciTaste to re-perform the non-conforming warranty repair.
(a) Term. The initial term (“Initial Term”) of this Agreement shall commence on the date that Subscriber installs a component of the PTSAS at a location(s) or download a software component of the PTSAS and shall continue until the end of the subscription period as specified by the subscription plan that Subscriber selects for their location(s) in PTSAS or within Subscriber’s Order Form. Unless stated otherwise in Subscriber’s subscription or Subscriber’s Order Form, all subscriptions that utilize any part of the PTSAS have a 12 month Initial Term. Following the Subscriber’s then effective Initial Term or Renewal Term, Subscriber’s subscription(s) will automatically renew for a period of time equal to the length of the Initial Term (“Renewal Term”), unless Subscriber cancels their subscription by giving Provider written notice to cancel their subscription by emailing notices@PreciTaste.com (30) thirty days prior to the end of their then current Initial Term or Renewal Term. The Initial Term and any Renewal Term(s) shall constitute the Term of this Agreement (“Term”).
(b) Termination by Provider. Subscriber agrees that Provider may, in its sole discretion and upon reasonable notice, terminate or suspend Subscriber’s access to all or part of the PTSAS; provided, however, that where Subscriber breaches these Terms of Use no notice is required to terminate the Agreement, including access to the PTSAS. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, Subscriber’s right to use the Services available on the PTSAS immediately ceases, and Subscriber acknowledges and agrees that Provider may immediately deactivate or delete Subscriber’s account and all related information and files in its account and/or bar any further access to such files or the PTSAS. Provider shall not be liable to Subscriber or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Provider in connection with such termination or suspension. If Provider terminates its Services for reasons other than illegal acts or breach of this Agreement by Subscriber, Provider will reimburse Subscriber for any Subscription Fees already paid on a pro rata basis. Termination is not an exclusive remedy for Provider and all other remedies will be available whether or not termination occurs. In case of termination by the Provider, any hardware provided has to be returned to Provider at the cost of Provider, if not otherwise stated in the order form.
(c) Termination by Subscriber. Subscriber also may terminate this Agreement at any time and for any reason, and in such case, termination will become effective at the end of Subscriber’s then current Initial or Renewal Term – determined by the subscription plan they have selected in PTSAS (i.e. if Subscriber is canceling a Monthly subscription plan, cancelation will become effective at the end of the monthly period in which they have cancelled their subscription plan in PTSAS; if Subscriber is canceling an Annual subscription plan, cancelation will become effective at the end of the annual period in which Subscriber cancels their annual subscription plan in PTSAS). In case of termination by the Subscriber, any hardware provided has to be returned to Provider at the cost of Subscriber, if not otherwise stated in the order form. Notwithstanding anything to the contrary contained herein, the Subscriber will be bound by the terms and conditions of this Agreement until the effective date of termination.
(d) Credits and Prepayment(s). Any promotional credits not paid for, but earned based on referrals or otherwise, are non-refundable. Any prepayments for Hardware, Products, or Services, including prepayment for subscription fees beyond the current Term of Subscriber’s subscriptions, are non-refundable.
In accordance with the applicable law, any grievances which you may have with respect to the information shared by You with the Provider hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to the grievance officer of the Provider at the below mentioned coordinates:
Name: Shraddha Shingne
Designation: Grievance Officer
Email ID: s.shingne@interproductec.com
Subscriber is subject to Fees (Subscriber’s Fees) set forth in Subscriber’s Order Form.
Subscriber’s Fees must be paid on a timely basis. Unless stated otherwise in a signed Order Form or in Subscriber’s subscription description, Payment for Subscriber’s Fees are due upon receipt for all fees included in Subscriber’s subscription term and billed in advance of the subscription term. Any prepayments for Hardware, Products, or Services, including prepayment for subscription fees beyond the current Term of Subscriber’s subscriptions, are non-refundable. Subscriber’s account is considered delinquent and may be either fully or partially suspended when payment of the Fees is overdue by 21 calendar days. The Provider makes no guarantee to retain data for delinquent accounts. Delinquent accounts may be reactivated, if the data has still been retained by the Provider, by paying all outstanding amounts of Subscriber’s Fees. Subscription Fees for products and features within PTSAS are subject to change with advanced notice to Subscriber and may increase periodically due to improvements to Services or otherwise. Subscriber will not be required to pay any additional fees or a difference in price due to an increase in the Subscription Fees for time already paid for.
