TERMS OF SERVICE

Last Updated: May 5, 2022

The WWW.KITCHDATA.COM software, platform, website and related digital tools and services are owned and operated by Kitchen Data Systems Inc. (“KitchData” and “KDS”).  Please read these Terms of Service (“Terms” or “Agreement”) carefully before using this platform, website (the “Platform” or “Site”) or its mobile applications and any related platform and services offered by KitchData (collectively, the “Service”).  This Agreement sets forth the legally binding terms and conditions for your use of the Service as a Customer (“Customer” or “User”).  

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:  THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH KITCHDATA.  PLEASE READ IT CAREFULLY.

If you have any questions, please refer to the “Contact Us” section.

1. Read our Privacy Policy

For information about our data privacy practices, please review our Privacy Policy at www.kitchdata.com/privacypolicy.  By accessing or using the Service, you agree that we can collect and use your information in accordance with the Privacy Policy.  

2.  KitchData Service

KitchData provides a platform where Customers who desire to create a food brand, menu, food products and/or an online restaurant presence are matched with restaurants or professional food preparation and cooking facilities (“Service Providers”) that will assist Customers with preparing and fulfilling food orders submitted online or via mobile food app services.  As part of the Service, KitchData may also provide product design, packaging, marketing and promotional support and tools. Some of these services and tools may be integrated into the Platform or standalone outside its use.

KitchData does not conduct background checks regarding any User and our internal verification process for any User is limited.  KitchData is not a broker, agent, insurer, guarantor, or endorser of any User.  KitchData makes no representations, warranties or guarantees regarding any content or information provided from any User.    

KitchData is not a broker, agent, insurer, guarantor, or endorser of any Service Provider.  KitchData makes no representations, warranties or guarantees regarding any content or information provided by a Service Provider, including the accuracy, truth, or quality thereof.  By using the Service, you agree to accept all risks of transacting to provide and/or receive information, advice, or assistance from the Service Provider. KitchData and its officers, directors, agents, subsidiaries, joint ventures, employees, suppliers, licensors and representatives (collectively, KitchData’s “Affiliates”) are not responsible for any acts or omissions of Service Providers on the Service.

YOU RELEASE KITCHDATA AND ITS AFFILIATES FROM ANY CLAIMS RELATED TO SERVICES, GOODS, OR ANY OTHER ENGAGEMENT TRANSACTED THROUGH THE SERVICE, INCLUDING FOR NON-PERFORMANCE, DEFECTIVE PRODUCTS OR SERVICES, MISREPRESENTATIONS BY A SERVICE PROVIDER, OR PRODUCTS THAT CAUSED PHYSICAL INJURY (LIKE PRODUCT LIABILITY CLAIMS).

3.  Information for Customers

If you are signing this Agreement on behalf of an entity, you represent and warrant that: (i) you have full legal authority to bind the entity to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the entity, to this Agreement. If you do not have the legal authority to bind the entity to this Agreement, please do not sign this Agreement.

Age.  KitchData is available only to, and may only be used by, individuals who are 18 years of age and older, and who can form legally binding contracts under applicable law.  By registering with the Service, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.  We have the sole discretion to refuse access to or use of the Platform or Site to any person or entity, and to change the eligibility criteria in each case at any time.  The foregoing is void where prohibited by law and the right to access KitchData is revoked in such jurisdictions.  

Password. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree not to provide your username and password information in combination to any other party other than KitchData without our express written permission. You must immediately notify KitchData of any unauthorized use of your password or any breach of security.

Account Transfer. The access rights granted to you under this Agreement are non-transferable without our express written permission. You may not assign or otherwise transfer this Agreement to anyone, including any parent, subsidiaries, affiliated entities or third parties, without our prior written consent.  Any attempted assignment or other transfer without such consent is void and deemed to be a breach of this Agreement. All of our rights and obligations under this Agreement are freely assignable by KitchData. The terms “assignment” and “transfer” includes (a) any sale or transfer of all or substantially all of your assets, (b) a merger, consolidation or reorganization, and (c) a change in ownership.

Right to Refuse Service. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Further, we reserve the right to refuse service to anyone, for any reason, at any time.

4. Content, Material & Licenses

KitchData owns all legal rights, title and interest in and to the Service, including any intellectual property rights which are embodied in the Service, whether those rights happen to be registered or not, and wherever those rights may exist.  KitchData, and other KitchData’ graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of KitchData in the U.S. and/or other countries.  No User has any right to use any of KitchData’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features, and trade dress, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner.

KitchData hereby grants to Customer a limited nonexclusive, royalty free, irrevocable (except as provided herein), non-transferable, non-assignable right and license to access and use the KitchData Service.  

Customer hereby grants to KitchData a limited license to use any content, data, and materials including without limitation, images and videos displayed, uploaded or supplied by Customer during use of the Platform (collectively, “Customer Data”) for the sole and exclusive purpose of providing the services under this Agreement.  Customer shall retain all right, title, and interest to Customer Data.  

KitchData will have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service (including, without limitation, information concerning Customer Data, metadata, and data derived therefrom), and KitchData will be free to (a) use such information and data to improve and enhance the services and other offerings of KitchData, and (b) disclose such data solely in aggregate or other de-identified form in connection with its business.

5. Customer Obligations and Restrictions

Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Service or any software, documentation, or data related to the Platform; modify, translate, or create derivative works based on the Service; use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; provide use of the Service on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Service or "frame" or "mirror" any of the Service on any other server, or wireless or Internet-based device; attempt to or circumvent KitchData when engaging any Service Providers or engage any Service Provider directly and/or outside the KitchData Service; or remove any proprietary notices or labels.

Customer represents, covenants, and warrants that Customer will use the Service only in compliance with KitchData’s standard policies then in effect (the “Policies”) and all applicable laws and regulations.  

Customer is responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, wifi access and the like (collectively, “Equipment”).

Customer is also responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment, with or without Customer’s knowledge or consent. For purposes of clarification, without limitation, Customer is responsible for all use of Service through Customer’s account, even if Customer did not authorize a particular use.  

Customer is solely responsible for complying with all applicable laws, including but not limited to, laws regarding privacy, recording, and intellectual property. In addition, you must abide by our policies as stated in this Agreement and all other operating rules, policies and procedures that may be published from time to time on the Service by KitchData, each of which is incorporated herein by reference and each of which may be updated by KitchData from time to time.  

Customer acknowledges and agrees that it is solely responsible for its conduct and activities on the Platform and Site regarding any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that the Customer posts and displays on these community spaces on the Service.

6. Confidentiality

Definition. “Confidential Information” means non-public information provided by one party (“Discloser”) to the other (“Recipient”) that is designated as confidential or reasonably should be considered as such, excluding information that (i) is or becomes public through no fault of the Recipient, (ii) was known to Recipient before the disclosure, (iii) is disclosed to Recipient by a third party without violation of any confidentiality restrictions, or (iv) is independently developed by the Recipient without access to or use of the Discloser’s information. Confidential Information includes, but is not limited to, the materials, information, documents and associated information that Customer discloses during Customer intake and the contact information of a Service Provider.  

Non-disclosure and Non-Use. The Recipient shall (i) only use the Confidential Information of the Discloser to exercise its rights and/or to perform services under this Agreement, (ii) use the same degree of care to prevent unauthorized use and disclosure of Discloser’s Confidential Information as it does for its own confidential information, but in no event less than reasonable care, and (iii) with respect to employees, contractors, or agents of Recipient, limit access to the Discloser’s Confidential Information only to those employees, contractors, or agents who have a need to access such Confidential Information and who are subject to confidentiality obligations at least as restrictive as those specified in this Section. The Recipient may disclose the Discloser’s Confidential Information to the extent required by any court, governmental body, or law or regulation, provided that, if legally permissible, Recipient shall provide prompt written notice to the Discloser of such disclosure. Upon written request of the Discloser, the Recipient shall return or destroy, at Discloser’s option, the Discloser’s Confidential Information.

7.  Fees, Taxes and Payments

Fees and Payments.  A Customer is required to set up a KitchData payment account, which is operated and serviced by Stripe or a similar provider in that class.  A Customer will be required to fund the KitchData payment account via credit or debit card.  KitchData reserves the right to change some or all of KitchData’s fees or features of the Platform at any time.  

Each Customer represents and warrants that you have the right to use any credit card or other means of payment that you provide to us.  All billing information you provide to us must be truthful and accurate.  Providing any untruthful or inaccurate information is a breach of this Agreement and may result in termination of your ability to use the Service.  If determined to be necessary by KitchData, KitchData may also: (a) request additional information from you prior to accepting an order, (b) verify information prior to processing any order, or (c) refuse or cancel an order for any reason including inaccuracies, or errors in services or pricing information, or problems identified by us related to credit or fraud.   KitchData may also request a pre-authorization for some orders placed online with a credit or debit card in the event KitchData determines it necessary to confirm the card details are still valid and that you have sufficient funds to complete the transaction.  Such pre-authorized amount should not be billed to you but may be subject to your card issuer holding this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.    

Taxes.  Customers are responsible for all applicable taxes.  If KitchData is required under tax laws or regulations to report sales-related information you agree to provide such information to KitchData. If required in the applicable jurisdictions, KitchData reserves the right to collect any taxes from the Customer and pay such taxes to the relevant tax authority.

8.  User Feedback

We consider any unsolicited suggestions, ideas, proposals or other material submitted to KitchData by Customers/Users (other than the Customer Content and the tangible items sold on KitchData by Customers) (collectively, the "Material") to be non-confidential and non-proprietary, and KitchData is not liable for the disclosure or use of such Material.  If, at KitchData’s request, any User sends Material to improve the Service (regardless of method), KitchData will also consider that Material to be non-confidential and non-proprietary and KitchData will not be liable for use or disclosure of the Material.  Any communication by Customers to KitchData is subject to this Agreement.  Users hereby grant and agree to grant to KitchData, under all of such User’s rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without notice, compensation or accounting to the User and without further recourse by the User.

9.  Non-solicitation

As part of any solicitation or transaction for services, a Customer may obtain contact information, including email address, about a Service Provider.  Customer shall not solicit or induce any Service Provider engaged in the provision of services to Customer to provide such services outside of the KitchData Service.  KitchData shall be entitled to injunctive or other equitable relief in order to enforce this provision.  

10. Third Party Sites

KitchData is not responsible for the availability of outside websites or resources linked to or referenced on the Service.  We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Users agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Although KitchData attempts to maintain the integrity and accuracy of the information on the Service, we make no guarantees as to its correctness, completeness, or accuracy.  The Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Service by other Users or third parties without KitchData’s knowledge.  If you believe that information found on the Service is inaccurate or unauthorized, please inform KitchData by e-mailing us at [email protected]

11.         Customer Complaints

In the event a Customer has a problem with the quality of the services provided by a Service Provider, the Customer should immediately contact KitchData’s Customer Service and provide all the details of their complaint.  After receiving the information you provided, KitchData will work with you to obtain any additional information we need to review your complaint.  To the extent that KitchData attempts to resolve such disputes: (a) KitchData does so in good faith and based solely on its policies. KitchData will not make judgments regarding legal issues or claims, and (b) each affected Customer shall promptly respond (in any event within 3 calendar days) to all requests from KitchData as well as cooperate with KitchData with respect to any such dispute.  In the event the dispute remains unresolved, KitchData will have the right, but not obligation, to step in and determine how the dispute should be resolved, including, without limitation, issuing a refund, providing services free of charge, reversing a sale or requiring the purchasing Customer to pay for the items in question.

12.        Resolution of Disputes and Release

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, without regard to its conflict of law provisions.

In the event a dispute arises between a Customer and KitchData, the Customer shall provide written notice to KitchData to assess the possibility of informal resolution.  Absent such informal resolution, any dispute arising from or relating to the subject matter of this Agreement or a User’s use of the Service or relationship with KitchData shall be finally settled by binding arbitration in Los Angeles, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, LLC ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS.  

The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.  Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction only for injunctive or other equitable relief pending a final decision by the arbitrator.  For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the federal or state courts located in the County of Los Angeles in the State of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, unless expressly noted otherwise herein, including without limitation, this section.

Any arbitration under this Agreement will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to this Agreement, you and KitchData are each waiving the right to trial by jury or to participate in a class action or class arbitration. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

13. Breach

Without limiting any other remedies, KitchData may, without notice, and without refunding any fees, delay or immediately remove Content, warn KitchData's community of a User's actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User's account privileges, terminate a User's account, prohibit access to KitchData, and take technical and legal steps to keep a User off KitchData and refuse to provide services to a User if, not intended to be an exclusive list, any of the following apply:

(i)        We suspect (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a User has breached this Agreement, the Privacy Policy or other policy documents and community guidelines incorporated herein.

(ii)       We are unable to verify or authenticate any of the User’s corporate information or Content.

(iii)      We believe that a User is acting inconsistently with the letter or spirit of KitchData's policies, has engaged in improper or fraudulent activity in connection with the Service or the actions may cause legal liability or financial loss to KitchData's Users or to KitchData itself.

14. Privacy

Any personal or corporate information you submit to the Service or KitchData is governed by KitchData's Privacy Policy.  This Privacy Policy encompasses any and all information you may provide to the Service or KitchData either for purposes of becoming a Customer of the Service, submitting feedback about the Service or any content or other Users of the Service, or to receive further information, updates and promotions about or related to the Service or KitchData.  Except as disclosed in KitchData's Privacy Policy, we will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

15. No Warranty

KITCHDATA AND ITS AFFILIATES PROVIDE THE PLATFORM/SITE "AS IS" and “AS AVAILABLE”, AND WITHOUT ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. KITCHDATA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES, WHETHER IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT KITCHDATA AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:  (i) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; AND (ii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, VIRUSES, OR OTHER HARMFUL MATERIALS.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

16. Liability Limitation

KITCHDATA AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT OR REVENUES (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE PLATFORM (OR ANY SERVICES OFFERED THROUGH OR FEATURES WITHIN THE RELATED SITE OR SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PLATFORM, (c) YOUR FAILURE TO PROVIDE KITCHDATA WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE SITE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN KITCHDATA.   THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.  IN NO EVENT SHALL KITCHDATA’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100) OR THE AMOUNT YOU PAID KITCHDATA IN THE PAST TWELVE (12) MONTHS.  

17. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD KITCHDATA AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS, HARMLESS FROM AND AGAINST ALL DAMAGES, COSTS (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS), LOSSES, EXPENSES, AND LIABILITIES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) RELATING TO ANY CLAIM OR DEMAND ASSERTED BY ANY PARTY AGAINST KITCHDATA AND/OR ITS AFFILIATES ARISING FROM OR RELATED TO YOUR ACTIVITIES, USE, BREACH, VIOLATION, INFRINGEMENT OR ANY OTHER CONDUCT ON OR THROUGH THE SITE.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

18. Miscellaneous

Customer Cancellation Policy. The customer can terminate the relationship with KitchData at any time under the following conditions: Customer must provide 30 days written notice to KitchData of the requested cancellation. If requesting termination prior to 30 days, Customer will be charged a $500 early cancellation fee. Customer must fulfill the terms of this agreement until the termination is finalized with receipt of payment or after 30 days, whichever is chosen by the Customer. Kitchdata may amend or waive the cancellation fee at their own discretion.

Entire Agreement.  This Agreement (together with any Order Forms and the Privacy Policy) represent the parties' entire understanding relating to the use of the Service and supersedes any prior or contemporaneous, conflicting or additional, communications.

Severability.  If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Employment or Agency. KitchData is not an employment service and does not serve as an employer of any Customer or Service Provider.  KitchData is not liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with any use of the Service.  By using the Service, Users understand and agree that, if KitchData is found to be liable for any tax or withholding tax in connection with your use of the Service, then you will immediately reimburse and pay to KitchData an equivalent amount, including any interest or penalties thereon.

No Agency Relationship. No brokerage, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, KitchData is not acting and does not act as an agent for any Customer, Service Provider, or any other visitor of the Service.

KitchData Service.  KitchData reserves the right to modify, limit, suspend or terminate any and all parts of the Service (or any feature thereof) for any reason, without notice, at any time.

Amendments. KitchData may amend this Agreement at any time, and from time to time, in our sole and absolute discretion, without any notice to you. You should regularly review this Agreement as posted on the Service or the Site on this page to check for amendments. You understand and agree that if you use the Service after the date on which these amendments have been applied to the Agreement, KitchData will treat your continued use of the Service as acceptance of the updated terms.  You may not amend this Agreement at any time without our prior written consent.

No Waiver.  You agree that if KitchData does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), it shall not constitute a waiver of KitchData’s rights, and as such, those rights or remedies will still be available to KitchData. Nothing in this Agreement shall prevent KitchData from complying with the law and these terms do not confer any third-party beneficiary rights.

Survival.  Any provision of this Agreement shall survive any termination or expiration of this Agreement to the extent required to enforce any rights or obligations accrued thereunder prior to or as a result of such termination.

Notices.  Except as explicitly stated otherwise, any required notices to KitchData shall be sent via postal mail to [KitchData, Attn: Legal Department, 6430 W. Sunset Blvd., Unit 707, Los Angeles, CA 90028 (“Legal Department”) and any required notices to Users (in the case of KitchData) shall be sent to the email address provided to KitchData.  Notice sent by email shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.  Alternatively, KitchData may elect, at its own discretion, to deliver notice by certified mail, to the address you provided to KitchData. In such case, notice shall be deemed given three (3) days after the date of mailing.

Disclosures.  The services hereunder are offered by Kitchen Data Services Inc. located at 6430 W. Sunset Blvd., Unit 707, Los Angeles, CA 90028.  If your company is located in California, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Notice for Users in California.  This notice is for Users of the Platform and Service residing in the State of California.  Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

Contact.  If you have any questions about this Agreement, please contact us at [email protected]