Terms

Terms and Conditions of Use: By using or registering for Food Genius' menu analytics dashboard application (the “Service”), you agree to be bound by these Terms and Conditions ("Agreement"). If you do not agree to the terms of this Agreement, you may not use the Service. If you have any questions, please contact us at info@getfoodgenius.com.

By using or registering for Food Genius' Dash application (the "Service"), you agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree to the terms, you may not use the Service. If you have any questions, please contact us at info@getfoodgenius.com.

Description of the Service

The Service provides authorized users access to the menu and restaurant data compiled, licensed, analyzed or otherwise aggregated and possessed by Food Genius (the “Data”). Users may: (i) search and access the Data by ingredient(s), geography, prices and other attributes using the Food Genius tools, (ii) prepare and save custom reports based on such searches (concepts), (iii) print reports and compare or contrast data sets from the Service and (iv) leverage the Data in your product research and development efforts.

Use of the Service

Eligibility. You must be over the age of 18 in order to register for and use the Service. The Service is not intended for users under the age of 18.

User Accounts. Each user is required to establish a user account for use of the Service. You represent that all information that you provide to us during the registration process is accurate and complete. You understand that you will responsible for all use of the Service under your account including payment of all fees. You are not permitted to share your password or account with any other person.

Use. You agree to use the Service and all Data in compliance with all applicable local, state and federal laws, rules and regulations and fair trade practices. We reserve the right to establish such rules, policies or limits ("Policies") for use of the Service in our sole discretion. Your use of the Service and Data will be subject to all Policies as published on our website or through the Service.

Fees, Payment. Food Genius offers the Service on a variety of subscription plans as described by its representatives in exchange for direct payments (the "Fees") based on your subscription plan. You agree to pay the Fees as described in your proposal email, which you must confirm the acceptance of by responding to the email (the "Subscription Confirmation Email"). In the event you cancel the Service, you will not be entitled to receive a refund of any Fees already paid by you. Food Genius reserves the right to adjust fees at any time, either for continuing use of the Service or for any specific functionality or new feature. If in the future, Food Genius institutes increased usage fees or options, your access or use of the Service may be discontinued, terminated or restricted at the expiration of your then-current plan period if you choose not to accept these fee(s). Food Genius will make a good faith effort to provide prior notice to users subscribing to the Service by posting notice on the website or through the Service if and when new fees or options are imposed. All Fees are inclusive of all federal, state or local taxes or other governmental fees or charges. Any such applicable taxes will be charged to your account. Food Genius reserves the right to suspend or terminate your use of the Service if you fail to pay any Fees when due, including if any charges are refused by your credit card company.

Intellectual Property

All rights in and to the Service and Data, including the underlying software, templates and databases, are the property of Food Genius and its licensors. Subject to your compliance with this Agreement, including the payment of Fees, Food Genius grants to you a non-exclusive license to access and use the Service, solely for your own internal business purposes. You may print and reproduce any data and analysis created through your use of the Service, provided however, that you may not download or reproduce, or attempt to download or reproduce, the underlying data files of Food Genius. You must retain all copyright and other proprietary notices displayed on the Service. You may not distribute, sell, license, modify, transmit, post, or otherwise use the Service, for commercial purposes without the written permission of Food Genius. You may not use any "page-scrape," "spider," "robot," "deep-link" or any other program, automatic device, algorithm or methodology which accomplishes the same things, in order to access, acquire, copy, or monitor any portion of the Service or Data. You are permitted to create derivative works of data derived from your use of the Service. Any use of the Service that results in the depletion of web site infrastructural resources is prohibited. All rights in and to the Service not expressly granted herein are reserved by Food Genius. You agree that Food Genius may track your use of the Service, including search history and parameters. We may aggregate, analyze, disclose and use such data in our sole discretion, including for the creation of promotional materials, white papers for industry purposes, market statistics and other commercial uses in our sole discretion. We will not use or disclose your personally identifiable information for such purposes without your permission. You agree that any ideas, suggestions or feedback that you may provide to us with respect to the Service will be owned by Food Genius. We shall have the right to use any such feedback in our sole discretion and without payment or other consideration to you.

You agree that Food Genius may track your use of the Service, including search history and parameters. We may aggregate, analyze, disclose and use such data in our sole discretion, including for the creation of promotional materials, white papers for industry purposes, market statistics and other commercial uses in our sole discretion. We will not use or disclose your personally identifiable information for such purposes without your permission. You agree that any ideas, suggestions or feedback that you may provide to us with respect to the Service will be owned by Food Genius. We shall have the right to use any such feedback in our sole discretion and without payment or other consideration to you.

Termination

You may terminate your use of the Service at any time by notice to Food Genius at cancel@getfoodgenius.com . If you cancel the Service, you will not be entitled to receive any refund. Food Genius reserves the right to refuse service, terminate your use of the Service or cease provision of the Service at its sole discretion and at anytime with or without notice. The Service is not intended to act as a storage repository for your data, searches or Reports. We will not be liable to you for any loss of any searches, Reports or data created or accessed by you.

Maintenance

Food Genius may issue corrections or modifications or updates to the Service and Data at any time in its discretion. Food Genius reserves the right to perform scheduled or unscheduled maintenance for the Service at any time with or without notice and the Service may be unavailable during maintenance. Food Genius does not have any obligation to provide any updates, upgrades, support or maintenance for the Service.

Privacy

You understand that any information, including personal information such as your name or email address, will be handled by us in accordance with our Privacy Policy .

Legal Notices, Disclaimers, Indemnity

The name, trademarks, service marks, designs, and logos of the restaurant(s) identified on the Service ("the Restaurant(s)"), and menu information is the property of the applicable Restaurant(s) and is protected by applicable U.S. and international trademark and copyright law. Food Geniusâ„¢ and the Food Genius logo and any other trademarks or service marks used on the Service (other than the marks and content of the Restaurants) are the trademarks and service marks of Food Genius.

YOUR USE OF THE SERVICE AND DATA IS AT YOUR OWN RISK. ALL DATA AND THE SERVICE IS PROVIDED AS-IS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOOD GENIUS DOES NOT WARRANT THAT THE DATA IS ACCURATE, COMPLETE OR UP-TO-DATE OR THAT THE DATA OR SERVICE WILL BE ACCESSIBLE AT ALL TIME OR IN ANY GEOGRAPHIC AREA OR THAT USE OF THE SERVICE WILL BE RELIABLE OR ERROR-FREE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT, SHALL FOOD GENIUS, INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, GOOD WILL OR BUSINESS, ARISING OUT OF YOUR USE OF THE DATA OR SERVICE. Any claim by you must be brought within one (1) year following the occurrence of the event resulting in such claim. Some jurisdictions do not allow for limitations of liability or warranty in which event these limitations will not apply to your use of the Service as provided by applicable law. Notwithstanding anything to the contrary in this Agreement, Food Genius's liability to you for any cause whatsoever arising out of this Agreement or your use or inability to use the Service or Data will be limited to the greater of $100 or the amount paid, if any, by you for use of the Service for the month in which the liability accrued.

You agree to indemnify and hold harmless Food Genius and licensor and their respective directors, officers, managers, employees and representatives from and against all claims, damages, liabilities, actions, suits, costs and expense arising out of your use of the Service or Data or any breach of this Agreement.

Disputes

If there is any dispute about or involving this Agreement or the Service, you agree that the dispute will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Illinois.

Changes

Please check the terms of this Agreement from time to time, as Food Genius may change the terms without notice and such changes are effective as of the time of posting.