Foodee App End User License Agreement This End User License Agreement (“Agreement”) is between you
and Foodee and governs use of this app made available through the Apple App Store. By installing the
Foodee App, you agree to be bound by this Agreement and understand that there is no tolerance for
objectionable content. If you do not agree with the terms and conditions of this Agreement, you are
not entitled to use the Foodee App.
In order to ensure Foodee provides the best experience possible for everyone, we strongly enforce a
no tolerance policy for objectionable content.
1. Parties This Agreement is between you and Foodee only, and not Apple, Inc. (“Apple”).
Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party
beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you.
Foodee, not Apple, is solely responsible for the Foodee App and its content.
2. Foodee may collect and use information about your usage of the Foodee App, including certain
types of information from and about your device. Foodee may use this information, as long as it is
in a form that does not personally identify you, to measure the use and performance of the Foodee
App.
3. Limited License Foodee grants you a limited, non-exclusive, non-transferable, revocable license
to use the Foodee App for your personal, non-commercial purposes. You may only use the Foodee App on
Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions By using the Foodee App, you represent and warrant that (a) you are 17 years of
age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you
have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Foodee App
does not violate any applicable law or regulation. Your access to the Foodee App may be terminated
without warning if Foodee believes, in its sole discretion, that you are under the age of 17 years
and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or
legal guardian and you provide your consent to your child's use of the Foodee App, you agree to be
bound by this Agreement in respect to your child's use of the Foodee App.
5. Objectionable Content Policy Content may not be submitted to Foodee, who will moderate all
content and ultimately decide whether or not to post a submission to the extent such content
includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content
includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory,
libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes
upon the rights of any third party, including copyright, trademark, privacy, publicity or other
personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the
use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and
(v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. Warranty Foodee disclaims all warranties about the Foodee App to the fullest extent permitted by
law. To the extent any warranty exists under law that cannot be disclaimed, Foodee, not Apple, shall
be solely responsible for such warranty.
7. Maintenance and Support Foodee does provide minimal maintenance or support for it but not to the
extent that any maintenance or support is required by applicable law, Foodee, not Apple, shall be
obligated to furnish any such maintenance or support.
8. Product Claims Foodee, not Apple, is responsible for addressing any claims by you relating to the
Foodee App or use of it, including, but not limited to: (i) any product liability claim; (ii) any
claim that the Foodee App fails to conform to any applicable legal or regulatory requirement; and
(iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement
shall be deemed an admission that you may have such claims.
8. Product Claims Foodee, not Apple, is responsible for addressing any claims by you relating to the
Foodee App or use of it, including, but not limited to: (i) any product liability claim; (ii) any
claim that the Foodee App fails to conform to any applicable legal or regulatory requirement; and
(iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement
shall be deemed an admission that you may have such claims.