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Terms of Service

These are the Terms of Service (the “Terms of Service” or “TOS”) that govern our relationship with users and others who interact with Sortizy (“you” or “your”), as well as Sortizy websites, applications for various devices which includes smart phones, tablets, and other existing and future products and services, owned, operated or offered by Sortizy (“Sortizy” or “we” or “us”) (each a “Service” and collectively “Sortizy Services” or “Services”).

Please read these terms of service carefully. Your use of any service in any manner, including but not limited to accessing, installing, or using the service indicates that you have read, accepted and agreed to be bound by these terms of service and any other applicable terms. The Sortizy privacy policy and the Sortizy copyright policy are incorporated herein by this reference.

Arbitration notice: These terms of service contain an arbitration clause near the end. Except for certain types of disputes mentioned in that arbitration clause, you and Sortizy agree that disputes between you and Sortizy will be resolved by mandatory binding arbitration, and you and Sortizy waive any right to participate in a class-action lawsuit or class-wide arbitration.

We reserve the right, in our sole discretion, to change these Terms of Service at any time, and will publish a revised version of these Terms of Service on the Service with the new “Last Updated” date as indicated at the top of these Terms of Service. Continued access to and use of the Service following any such change means you accept and will abide by the changes. In the event of a material change that may directly affect your account, we will notify you such as by posting a pop-up message in the Service, or updating the “Last Updated” date above.

  1. Acceptance of terms: Because Sortizy provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific Service. To the extent those supplemental terms conflict with these TOS, the supplemental terms associated with the app, product, or service will govern with respect to your use of such app, product or service to the extent of the conflict.

  2. Privacy policy: By using or accessing Sortizy Services, you agree that we can collect and use such content and information in accordance with our Privacy Policy as amended from time to time.

  3. Eligibility: You must be able to form a binding agreement (in most jurisdictions, 18 years old) on your own behalf, or on your entity’s or household’s behalf, to be eligible to use the Sortizy Services. You may use the Sortizy Services only if (a) you can (a) form a binding contract with Sortizy, and only in compliance with these TOS and all applicable local, state, national, and international laws, rules and regulations and (b) you are not a person who is barred from receiving the Services under the laws of any country including the country in which you are a resident or from which you are using the Services. Individuals under the age of 18, or the applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such a person's account and otherwise subject to these Terms of Services. Any use of the Services by anyone under 13 is strictly prohibited and in violation of these TOS. If you open an account on behalf of a company, organization, household or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.

  4. Account registration rules: When creating an account with Sortizy, you agree to the following:

    • As the person (whether as an individual or on behalf of an entity) who created the account, you are deemed to have access and control over the account and are responsible for any activity that occurs through the account.

    • You will not provide any false personal information on Sortizy, or create an account for anyone other than yourself or your entity without permission.

    • You will not create more than one personal or entity account without our permission.

    • If we disable your account, you will not create another one without our permission.

    • You will update your contact information thereafter as necessary.

    • You will not let unauthorized persons access your account, or do anything else that might jeopardize the security of your account. You will promptly notify us immediately of any unauthorized use of your password or any other breach of the security of your account.

    • You will not transfer your account to any person or entity without first getting our written permission.

    • If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is inappropriate.

    • You are solely responsible for any person/entity’s use of the Sortizy App using your account, which includes the use of the 3rd Party Connected Appliance features in conjunction with the use of the Sortizy App.

  5. Mobile service: In the event that you are using the Sortizy App, you are responsible for any fees, including data, access and usage fees by an internet provider or mobile carrier, that you incur when accessing the services.

  6. User content: The services will enable you with the ability to upload, submit content such as recipes, images, videos, audios, message and other communications, to the services (the “User content”). You own all of the user content.

    1. By providing user content to our services, you represent and warrant that:

      • You own the rights or licenses to your user content. You own, or have the necessary licenses, rights, consents, and permissions to use and authorize Sortizy to use, all patent, trademark, copyright, or other proprietary rights in and to any and all user content to enable inclusion and use of user content in the manner contemplated under these Terms of Service, and to grant the rights and license set forth in this Section.

      • Your user content does not infringe third party rights or violate laws. Your user content, Sortizy’s use of such user content pursuant to these Terms of Service, and Sortizy’s exercise of the license rights set forth in this section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulations.

      • Protection and enforcement of your user content. Any protection and enforcement of any intellectual property rights which exist or pertain to the user content are entirely your responsibility and Sortizy is not obligated to protect and enforce the user content on your behalf.

  7. Trademarks: Your use of the service does not grant you any license or right to use trademarks owned by Sortizy or third parties unless authorized under these TOS. All trademarks, logos, service marks, trade names and trade dress, which includes “Sortizy” and the capsicum logo (collectively, the “Trademarks”) displayed on the services or on Sortizy content are registered or unregistered trademarks of Sortizy, its business partners and/or others, and may not be used unless authorized by the Trademark owner. Nothing contained on the service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services.

  8. User submission: When you submit ideas to Sortizy, we are not obligated to use your ideas, nor are we obligated to compensate you if we use your ideas, nor are we obligated to keep your ideas confidential. You may choose to or we may invite you to submit comments or ideas about the Sortizy services (“User Submission“). By submitting any user submission, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Sortizy under any fiduciary or other obligation, and that you grant to Sortizy an irrevocable, worldwide, perpetual and royalty-free license to use, incorporate, modify, improve upon, and create derivative works of the User Submission without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Sortizy does not waive any rights to use similar or related ideas previously known to Sortizy, or developed by its employees, or obtained from sources other than you.

  9. Agreement not with App Stores: You acknowledge and agree that the availability of the Sortizy App is dependent on the third party from which you received the Sortizy App, e.g., Google Play. When you download a Sortizy App through the Play Store, you agree that: (i) these Terms of Service are concluded between you and Sortizy and not between you and the Play Store, and that we (not the Play Store), are responsible for our software; (ii) the Play Store has no obligation to furnish any maintenance and support services with regards to the Sortizy App or handle any warranty claims; (iii) the Play Store is not responsible for addressing any claims you have or any claims of any third party relating to Sortizy App, such as, product liability, consumer protection claims, intellectual property claims, or any claim that Sortizy App fails to conform to any applicable legal or regulatory requirement; (iv) the Play Store is a third party beneficiary of these Terms of Services as related to your license of Sortizy App, and the Play Store will have the right to enforce these Terms of Service as related to your license of Sortizy App against you; and (v) you must also comply with all applicable third party terms of service when using Sortizy App.

  10. Indemnification: You agree to indemnify and hold harmless Sortizy and its officers, directors, employees, contractors, agents, licensees, sponsors, advertisers and representatives of any of them from (individually or collectively, the “Sortizy indemnified party”) any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorneys’ fees) arising out of (i) your use or misuse of the service; (ii) your violation of these terms of service; and (iii) your content on Sortizy services. Sortizy indemnified party reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Sortizy indemnified party and you agree to cooperate with Sortizy indemnified party’s defense of these claims. You agree not to settle any matter giving rise to your indemnification obligations without the prior written consent of Sortizy indemnified party. Sortizy will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it, provided that failure by the Sortizy indemnified party to give prompt notice will not relieve you of any liability hereunder.

  11. Disclaimer: We try to keep Sortizy services up, bug-free, and safe, but you use it at your own risk. We are providing Sortizy services as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Sortizy services will always be safe, secure or error-free, that Sortizy will always function without disruptions, delays or imperfections and that the quality of any products, services, information or other material purchased or obtained by you through the services or any third party links will meet your expectations. Sortizy assumes no responsibility for the failure to store any content, user communications or personalization settings, such as the saved recipe feature. Sortizy makes no representation or warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any Sortizy Content provided through the Services, any information, goods or services promoted or displayed through the Services or any transactions entered into through the Services. The Sortizy Content, including the recipes and all related information and commentary made available through the Services is for informational purposes only and is not intended to be (and does not constitute) dietary advice or recommendations specifically for you and no advice or information, whether oral or written, obtained from Sortizy or through the Services will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. 

  12. General

    • These Terms of Service make up the entire agreement between you and Sortizy regarding Sortizy Services, and supersedes any prior agreements.

    • If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect.

    • If we fail to enforce any of these Terms of Service, it will not be considered a waiver.

    • Any waiver of these Terms of Service must be made in writing and signed by us.

    • You will not transfer any of your rights or obligations under these Terms of Service to anyone else without the prior written consent of Sortizy.

    • All of the rights and obligations of Sortizy under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

    • Nothing in these Terms of Service shall prevent us from complying with the applicable laws.

    • Unless otherwise expressly set forth herein, these Terms of Service do not confer any third party beneficiary rights.

    • We reserve all rights not expressly granted to you.

    • You will comply with all applicable laws when using or accessing Sortizy Services.

    • A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent as other business documents and records originally generated and maintained in printed form.

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