TERMS AND CONDITIONS

1.1 Agreement. Welcome to Chowseek.com. This App is owned and operated by Chowseek, a California limited liability company (“Chowseek,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our mobile application, website, and related services (collectively, the “App”).

These Terms include important information regarding your use of the App, subscriptions, in-app purchases, intellectual property rights, user responsibilities, disclaimers, limitations of liability, and dispute resolution procedures.

Please read these Terms carefully. By downloading, accessing, creating an account, purchasing a subscription, making an in-app purchase, or otherwise using the App, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

1.2 Agreement to Privacy Policy. Your use of the App is also subject to our Privacy Policy, which describes how Chowseek collects, uses, shares, and protects personal information. The Privacy Policy is incorporated into these Terms by reference.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE APP.

2.1 Eligibility. In order to use the App, you must be at least thirteen (13) years old. By accessing or using the App, you represent and warrant that you have the legal capacity to enter into a binding agreement with Chowseek.

2.2 Electronic Acceptance. By downloading, accessing, creating an account, or using the App, you electronically accept these Terms. Electronic acceptance, including clicking an acceptance button, checking an acceptance box, creating an account, or continuing to use the App, constitutes a legally binding agreement.

2.3 Electronic Communications. By using the App, you consent to receive electronic communications from Chowseek, including communications regarding your account, subscriptions, purchases, security notices, updates, and other service-related matters.

2.4 Additional Terms. Certain portions of the App may be subject to additional terms. Any additional terms supplement these Terms unless expressly stated otherwise.

3.1 Ownership. Chowseek’s trademarks, trade names, logos, designs, software, content, graphics, text, photographs, videos, and other materials incorporated into the App are owned by Chowseek or its licensors and are protected under applicable intellectual property laws.

3.2 Restrictions. You may not copy, reproduce, modify, distribute, sell, license, reverse engineer, decompile, scrape, or otherwise use any portion of the App or its content without prior written permission from Chowseek.

3.3 Enforcement. Any unauthorized use of the App or Chowseek’s intellectual property is prohibited. Chowseek reserves the right to remove content, restrict access, or take any action necessary to protect its rights.

4.1 Account Security. Users are responsible for maintaining the confidentiality of usernames, passwords, and account information. You may not share your account credentials with any third party or permit unauthorized access to your account.

4.2 Accurate Information. Information provided through the App must be truthful, accurate, complete, and current. You are responsible for updating your information as necessary.

Chowseek does not independently verify information provided by users, restaurants, establishments, or third parties.

4.3 Prohibited Conduct. You agree that you will not:

1. engage in illegal activity through the App;
2. harass, threaten, bully, intimidate, or abuse other users;
3. post or transmit hate speech, discriminatory content, or harmful content;
4. create fake accounts or impersonate another person or entity;
5. send spam, unsolicited advertisements, or promotional communications;
6. collect information about other users without authorization;
7. hack, attempt unauthorized access, or bypass security measures;
8. interfere with the operation, security, or functionality of the App;
9. introduce viruses, malware, or harmful code;
10. reverse engineer, modify, or attempt to extract source code from the App;
11. scrape, copy, or collect information through automated methods;
12. infringe upon intellectual property or other rights of third parties; or
13. violate applicable laws or regulations.

5.1 User Content. The App may allow users to submit reviews, preferences, feedback, dietary information, restaurant information, photographs, comments, or other content (“User Content”).

5.2 License. You retain ownership of your User Content. However, by submitting User Content through the App, you grant Chowseek a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, distribute, and process such User Content as necessary to operate, improve, market, and provide the App.

5.3 User Representations. You represent and warrant that:

1. you own or have permission to submit your User Content;
2. your User Content is accurate and not misleading; and
3. your User Content does not violate applicable law or third-party rights.

5.4 Removal Rights. Chowseek reserves the right, but does not assume the obligation, to remove or restrict access to User Content that violates these Terms or that Chowseek determines may harm the App, users, or third parties.

6.1 Subscription Services. Certain features of the App require payment of subscription fees or other charges ("Subscription"). The plans, pricing, and billing frequency available at any given time are disclosed to you before purchase as described in Section 6.2.

6.2 Automatic Renewal Disclosure. Before you complete a purchase of an automatically renewing Subscription, we will clearly and conspicuously disclose: (a) that the Subscription will automatically renew at the end of each term unless you cancel; (b) the length of the initial term and each renewal term; (c) the price that will be charged upon renewal and the recurring billing frequency; and (d) how to cancel as described in Section 6.5. These terms are presented at checkout and, where applicable, in the App Store or Google Play product listing.

6.3 Affirmative Consent. Your purchase of an automatically renewing Subscription requires your separate, affirmative acknowledgment of the terms in Section 6.2 — distinct from your general acceptance of these Terms, through a checkbox, toggle, or comparable action, presented at checkout.

6.4 Free Trials and Promotional Offers. If we offer a free trial or promotional offer that converts to a paid Subscription, we will disclose the length of that period and the price to be charged upon conversion before you enroll, and will provide notice and a simple cancellation mechanism before you are first charged.

6.5 Cancellation.

1. Purchases through Apple's App Store or Google Play: cancel through the applicable platform's subscription settings; cancellation is effective at the end of the current billing period.
2. Purchases made directly through Chowseek: You may cancel your subscription by contacting us at [email protected]. Cancellation will be effective at the end of the then-current billing period.

6.6 Price and Term Changes. If a change increases the price of your current Subscription or otherwise materially changes your then-current terms, we will provide notice at least thirty (30) days before the change takes effect and an opportunity to cancel before the new price or terms apply. No change applies to your then-current, already-paid term.

6.7 Refunds. Refund eligibility depends on applicable law and the platform through which the purchase was made. Purchases made through Apple’s App Store, Google Play, or other third-party platforms are subject to those platforms’ refund policies. Except as required by applicable law, all purchases made directly through Chowseek are non-refundable.

6.8 Recordkeeping. We retain records of your consent to these automatic renewal terms for the period required by applicable law.

7.1 Platform Terms. The App may be accessed through third-party platforms, including Apple’s App Store and Google Play. Your use of those platforms may also be subject to additional terms imposed by those providers.

7.2 Third-Party Responsibility. Chowseek is not responsible for third-party platform policies, payment processing, availability, or services.

8.1 AI Features. The App may include artificial intelligence, machine learning, automated tools, or AI-assisted features.

8.2 Accuracy. AI-generated information and recommendations may not always be accurate, complete, current, or suitable for your circumstances. You should independently verify information before relying on it.

8.3 No Guarantee. Chowseek does not guarantee the accuracy, reliability, completeness, or availability of AI-generated content.

9.1 Informational Purpose. The App provides restaurant recommendations, dining suggestions, and informational content only.

9.2 No Medical Advice. Chowseek does not provide medical, nutritional, allergy, dietary, or health advice.

9.3 User Responsibility. Restaurant information, menus, ingredients, allergens, preparation methods, and dietary options may be provided by restaurants, users, third parties, or automated tools and may not always be accurate.

Users are responsible for determining whether a restaurant or food item is appropriate for their individual needs.

9.4 Health Risks. Chowseek is not responsible for illness, allergic reactions, dietary issues, health conditions, injuries, or damages resulting from reliance on information provided through the App, inaccurate information, restaurant practices, or user negligence or mistakes.

10.1 As-Is Service. THE APP, ITS CONTENT, USER CONTENT, AI-GENERATED CONTENT, RECOMMENDATIONS, AND ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

10.2 No Warranty. CHOWSEEK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.

10.3 Availability. CHOWSEEK DOES NOT GUARANTEE THAT THE APP WILL OPERATE WITHOUT INTERRUPTION OR BE FREE FROM ERRORS, VIRUSES, OR HARMFUL COMPONENTS.

11.1 Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHOWSEEK LLC, ITS DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE APP.

11.2 Excluded Damages. This limitation includes, without limitation, damages arising from or related to:

1. lost profits;
2. lost revenue;
3. lost business opportunities;
4. loss of data;
5. personal injury or health-related issues;
6. allergic reactions, dietary issues, or illness;
7. reliance on restaurant recommendations, dietary information, or other content provided through the App;
8. inaccurate, incomplete, or outdated information provided by users, restaurants, establishments, third parties, or automated tools;
9. interruptions, errors, or unavailability of the App; or
10. any other damages arising from your use of or inability to use the App.

11.3 Maximum Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CHOWSEEK LLC ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO CHOWSEEK LLC DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.4 Exceptions. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law.

12.1 Indemnification Obligation. You agree to indemnify, defend, and hold harmless Chowseek LLC, its directors, shareholders, members, managers, employees, representatives, agents, affiliates, subsidiaries, licensors, and assigns from and against any claims, demands, actions, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

1. your use of the App;
2. your violation of these Terms;
3. your violation of applicable laws or regulations;
4. your User Content;
5. inaccurate, incomplete, misleading, or unauthorized information provided by you;
6. your negligence, misuse, or improper use of the App;
7. your violation of the rights of any third party; or
8. any dispute between you and another user, restaurant, establishment, or third party.

13.1 Termination Rights. Chowseek reserves the right to suspend, restrict, or terminate your access to all or part of the App at any time, with or without notice, if Chowseek determines, in its sole discretion, that such action is appropriate.

13.2 Grounds for Termination. Chowseek may terminate or restrict access for reasons including, but not limited to:

1. violation of these Terms;
2. illegal activity;
3. fraud or suspected fraudulent activity;
4. non-payment of subscription fees or other charges;
5. misuse of the App;
6. conduct that may harm Chowseek, other users, or third parties; or
7. any other reason determined by Chowseek in its discretion.

13.3 Effect of Termination. Upon termination, your right to access and use the App immediately ends. Termination does not limit any rights or remedies available to Chowseek.

14.1 Global Availability. The App may be accessed by users located outside the United States. If you access or use the App from outside the United States, you are responsible for complying with all applicable laws in your jurisdiction.

14.2 Data Processing. You acknowledge that information submitted through the App may be transferred to, stored, and processed in the United States or other countries where Chowseek or its service providers operate.

14.3 Local Requirements. Nothing in these Terms limits any rights you may have under applicable laws in your country or region that cannot be waived or limited by agreement.

15.1 Informal Resolution. Before initiating arbitration or any legal proceeding, you agree to first contact Chowseek and provide an opportunity to resolve the dispute informally.

15.2 Binding Arbitration. If the dispute cannot be resolved informally, any claim, dispute, or controversy arising out of or relating to these Terms, the App, or your relationship with Chowseek shall be resolved through binding arbitration, except where arbitration is prohibited by applicable law.

15.3 Individual Claims Only. You and Chowseek agree that arbitration shall be conducted only on an individual basis. Claims may not be brought as a class action, collective action, representative action, or private attorney general action to the maximum extent permitted by law.

15.4 Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CHOWSEEK WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE APP.

15.5 Exceptions. Nothing in this Section prevents either party from seeking temporary, preliminary, or injunctive relief from a court of competent jurisdiction when necessary to protect intellectual property rights, confidential information, or prevent irreparable harm.

16.1 Governing Law. These Terms and any dispute arising out of or relating to these Terms, the App, or your relationship with Chowseek shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

16.2 Jurisdiction and Venue. Subject to the dispute resolution provisions set forth in these Terms, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the App shall be brought exclusively in the state or federal courts located in California. You consent to the personal jurisdiction of such courts and waive any objection to venue or inconvenient forum.

16.3 Assignment. Chowseek may assign or transfer these Terms, including its rights and obligations under these Terms, without notice to you in connection with a merger, acquisition, financing transaction, sale of assets, reorganization, dissolution, or other business transaction. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Chowseek.

16.4 Severability. If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable. The remaining provisions of these Terms shall continue in full force and effect.

16.5 Entire Agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific features of the App, constitute the entire agreement between you and Chowseek regarding your use of the App and supersede any prior agreements, understandings, or representations regarding the App.

16.6 Waiver. Chowseek’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or the right to enforce it in the future.

16.7 Contact Us. If you have questions, comments, or concerns regarding these Terms or the App, please contact us via email at [email protected] or by mail at Chowseek LLC, 2627 Mission Street, Suite 5, San Marino, California 91108.