Last updated: May 5, 2019

Terms of Use

This Terms of Use (the “Agreement”) is a binding agreement between you (“You”) and Travelmooch, Inc., a Delaware corporation doing business as Foodies.ai (the “Company”, “We”, “Our” or “Us”). This Agreement governs your use of our website, foodies.ai (the “Site”), our WiFi portal service (“WiFi”), and our loyalty/rewards platform as made available through the Site, WiFi, NFC and/or QR Code technologies (the “Loyalty Platform”, and collectively with the Site and Wifi, the “Services”). The products transacted through the Services are licensed, not sold, to You for use only under the terms of this Agreement, unless a product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. The Company reserves all rights not expressly granted to You. As stipulated elsewhere in this Agreement, Foodies does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.

This Agreement may change from time to time (see the section below entitled “Modifications to This Agreement”). Any such change will be deemed to be effective 2 days from the date of such posting, so please check these Terms of Use periodically for updates.

BY USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE NOT YOUNGER THAN 13 YEARS OLD AND ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (C) ACKNOWLEDGE THAT YOU UNDERSTAND THAT THE SERVICES MAY BE UNAVAILABLE OR INACCESIBLE FROM TIME TO TIME; (D) ACKNOWLEDGE THAT THE SERVICES MAY NOT FUNCTION PROPERLY OR AS INTENDED AT TIMES; (E) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE COMPANY’S PRIVACY POLICY, THE TERMS OF WHICH ARE POSTED AT THE SITE AND INCORPORATED HEREIN BY REFERENCE (THE "PRIVACY POLICY"), AND AGREE TO ABIDE BY THE PRIVACY POLICY; AND (F) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

a. Scope of License: This license granted to You for the Services by Company is limited to a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to use the Services. This license does not allow You to use the Services on any smartphone or computer that You do not own or control, and You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components, if any, included with the Services). Any attempt to do so is a violation of the rights of the Company and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Company that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data and Privacy Policy: You agree that the Company along with third parties such as: (a) merchants such as coffee shops, restaurants, or other establishments that have registered with us for the Services (“Merchant”); (b) Google Analytics; (c) Apple analytics; and (d) Piwik, may collect and use technical data and related information, including but not limited to technical information about Your device, system and your use of the Services.  All information we collect through or in connection with the Services is subject to the Privacy Policy, as described therein. By downloading, installing, using or providing information to or through Services, You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

c. Termination. The license is effective until terminated by You or the Company. Your rights under this Agreement will terminate automatically without notice from the Company if You fail to comply with any term(s) of this Agreement. Upon termination of the license, You shall cease all use of the Services, and destroy all copies, full or partial, of the Services.

d. Services; Third Party Materials. The Services may enable access to the Company’s and third party services and web sites.  Use of such services may require Internet access and that You accept additional terms of service (“Internet Services”).

You understand that by using any of the Internet Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or nudity, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Internet Services at Your sole risk and that the Company shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Internet Services may display, include or make available content, data, information, posts, pictures, videos, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Internet Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, reverse engineer, decompile, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Company is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials may not be available in all languages or in all countries. The Company makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Company, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Company be liable for the removal of or disabling of access to any such Services. The Company may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. Wifi Usage.  Subject to your compliance with this Agreement, you may, if applicable, be granted access to use the WiFi solely for your personal use while at a Merchant’s establishment. You will not use or otherwise exploit our WiFi except as expressly permitted in this Agreement. You agree to not tamper with, interfere, circumvent any security measures, or otherwise impair the WiFi or violate any applicable law or regulation when you use or access the WiFi provided by us. The WiFi is provided AS IS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in the terms of this Agreement.  You agree to comply with all applicable laws, rules, and regulations when registering for, accessing, or using the WiFi. Without limiting the foregoing, when registering for, accessing or using the WiFi, you agree not to: Post, upload, publish, submit, or transmit any content that: (a) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (c) is fraudulent, false, misleading, or deceptive; (d) is defamatory, obscene, pornographic, vulgar, or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; (g) promotes illegal or harmful activities or substances; (h) impersonates any other person or otherwise misrepresents yourself in any way; (i) constitutes spam, or competes with our business; (j) contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the WiFi; (k) attempt to scrape or collect any personal or private information from other WiFi users; (l) intercept, monitor, damage, or modify any communication not intended for you; (m) cause any harm or damage to you or anyone else; (n) otherwise breach this Agreement; or (o) attempt to do any of the foregoing. We and our third-party partners reserve the right to restrict or block access to certain sites or content, or to block access to the WiFi for any reason or no reason. You acknowledge that we have no obligation to monitor your access to or use of the WiFi for violations of this Agreement, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the WiFi (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the terms of this Agreement, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body. You understand that communications over the WiFi may not be encrypted, and you accept all risks associated with unencrypted transmissions over the WiFi. Any sensitive or confidential information (such as credit card numbers or other financial information, medical or other health-related information) transmitted through the WiFi is done at your own risk, and we have no liability for any claims, losses, action, damages, suits or proceedings arising out of or otherwise relating to such actions. We are not responsible for any third-party websites or services you visit while using the WiFi, or for any programs, malicious or otherwise, that you or your device downloads while connected to our WiFi.

Performance of the WiFi: In order to use the WiFi, you must have a WiFi-capable device that (a) meets U.S. and other applicable technical standards; (b) is compatible with the WiFi; (c) renders web pages in a standard HTML browser application; (d) runs the IP protocol; and (e) is configured to obtain web addresses automatically. The device must be in close enough proximity to the WiFi wireless access points to achieve connectivity with the WiFi network. You acknowledge that the WiFi utilizes public, unlicensed radio-frequency spectrum. As such, the WiFi is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control.

Performance and availability may vary, including but not limited to or affected by: (a) transmission and download speed and accuracy; (b) network congestion; (c) performance, configuration, and functionality of your devices and wireless cards (including, but not limited to memory, storage and other limitations); (d) physical obstructions and distances between your device and the WiFi network; (e) availability of electric power; (f) co-location failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error. The WiFi may also be interrupted, refused, limited or curtailed for these or other reasons. The Company is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your device or the WiFi will operate. Actual network speed and other performance will vary. In order to maintain acceptable levels of service for all WiFi users and to improve this service, we reserve the right to monitor use of the WiFi and to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all WiFi users. Additionally, the WiFi service may use automated processes to monitor and scan communications over the WiFi network in order to maintain and provide services, improve your experience, ensure the integrity of your communications, and for various other purposes related to the provision of WiFi services. By using the WiFi, you acknowledge and consent to Merchant’s and the Company’s automated processing of your communications through the WiFi network, including information such as your IP or MAC address, HTTP requests and other information related to the provision of this service.

WIFI Subject To Interception and Unauthorized Use: You acknowledge that communications over the WiFi network may be subject to interception by unauthorized third parties. Your use of the WiFi is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of the WiFi. You are responsible for implementing your own security protections while using the WiFi. In the event you become aware of any unauthorized use of the WiFi or any other security breach, you agree to immediately notify us at [email protected] The Company expressly disclaims any responsibility or liability for your use of the WiFi and for any lack of security that may result from your use of the WiFi. You agree to hold Company harmless for the loss of any file, data or other information while using the service, and for any unauthorized access to or utilization by any third party of any of your personal, financial, or other sensitive information. You further agree that you will not seek to hold Company responsible in any way for any third party website content, the operation of any third party website accessed via the WiFi or for the appearance of any WiFi "watermark" over a portion of any website.

f. Loyalty Programs.  You agree that the Company is not responsible for ensuring that Merchant or other third party honor any reward, loyalty, or other obligation such third party may have towards you.

g. SMS and E-mails.  You may receive SMS messages and e-mails with updates and other information. You agree that the Company is not responsible for the content of any text or e-mail messages received that may be related to the Services.  You may stop receiving SMS messages by replying STOP in response to any received SMS message.  If you opt-out of receiving SMS messages, you may not be able to use certain Services. If you do not want to receive marketing emails from us, click the unsubscribe link in the footer of such emails.  Standard text message and data rates may apply for any SMS messages sent to you from us and to us from you. If you have any questions about your text message or data plan, contact your wireless carrier.

h. Geographic Restrictions. The Services are based in the United States and provided for access and use by persons located in the United States. If You access the Services from outside the United States, You are responsible for compliance with local laws. In addition, through your continued use of the Services, which is governed by United States law, You are transferring your information to the United States and You consent to that transfer.

i. Updates. The Company may from time to time in its sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features, content, or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.

j. Feedback and Unsolicited Idea Submission Policy. Any feedback, suggestions, bug-fixes, error fixes, ideas for new products or modifications to existing products, and other unsolicited submissions or communications shall be deemed non-confidential, and owned solely and exclusively by the Company.  The Company shall be free to reproduce, use, disclose, distribute and exploit such information and communications without limitation or attribution.

k. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, LOSS OR CORRUPTION OF DATA, UNAUTHORIZED ACCESS TO, THEFT, OR ALTERATION OF YOUR TRANSMISSION OR DATA; THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

THE COMPANY IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY MERCHANT OR OTHER ENTITY WITH WHICH THE COMPANY HAS A BUSINESS RELATIONSHIP, AND AS SUCH, ANY DISPUTES REGARDING PURCHASES, REWARDS AND/OR ANY OTHER ASPECT OF ANY TRANSACTION OR OTHER COMMERCIAL DEALINGS IS SOLELY BETWEEN YOU AND SUCH THIRD PARTY.  THE COMPANY IS NOT RESPONSIBLE FOR ANY OTHER PARTY'S COMPLIANCE WITH APPLICABLE LAWS, RULES OR REGULATIONS.  THE COMPANY’S SERVICES ARE ADMINISTRATIVE IN NATURE AND THE COMPANY IS NOT RESPONSIBLE FOR ENSURING THAT ANY THIRD PARTY HONOR ANY REWARD, LOYALTY OR OTHER OBLIGATIONS SUCH THIRD PARTY MAY HAVE TOWARDS YOU.  THE COMPANY SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY CONTENT, TEXT, PHOTOGRAPHS AND/OR OTHER INFORMATION, INCLUDING ANY INFORMATION WHICH MAY VIOLATE APPLICABLE LAW AND/OR A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS..

l. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Company’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two dollars ($2.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

m. Indemnification. You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement. Furthermore, You agree that the Company assumes no responsibility for the content You submit or make available through this Services, if any, including if the Services may provide the ability to make user submissions.

n. You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services was obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

o. The Company will respond to clear notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act.  If you think someone is violating your copyrights and you want to notify the Company, you may contact Us by e-mail at [email protected] or by mail at Travelmooch, Inc. dba Foodies.ai, 2355 Westwood Blvd. #808, Los Angeles, CA 90064.

p. The Services and related documentation may be “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

q. Assignment. You may not assign any of your rights or obligations under this Agreement without prior written consent from the Company. The Company may assign any or all of its rights under this Agreement, in whole or in part, without obtaining your consent or approval.

r. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

s. Governing Law; Jurisdiction. The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws. Any legal suit, action or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

t. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

u. Entire Agreement. This Agreement and the Privacy Policy (and, in the case of Merchants, a merchant services agreement, if applicable) constitute the entire agreement between You and the Company with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

v. Modifications of this Agreement. The Company reserves the right, at its sole discretion, to modify or replace any of the terms of this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, content, or the Site, WiFi, or Loyalty Platform) at any time.  The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check this Agreement periodically for changes. If we make material changes to this Agreement, we will post the new Agreement on this page.  Any such change will be deemed to be effective 2 days from the date of such posting.

The date this Agreement was last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit this page to check for any changes.