Aroapp.ai Terms & Conditions

 

Restaurant License Agreement

This Application is provided by Crave it IO LLC (“Company”).  Your use of this Application, and the services provided therein, are subject to the following terms and conditions.  Please read the following terms and conditions carefully and be sure you understand them. 

1. Restaurant Account
   • Certain portions of the Application may require registration of an account with Company (“Account”). To register an Account, you will be required to provide Company with certain contact information and possibly billing information.  You are obligated to provide accurate and complete contact and billing information.  Failure to comply with the foregoing or to update the foregoing if your contact information or billing information changes shall constitute a breach of these terms and conditions, which may result in the immediate termination and deletion of the Account. 
   • All contact and billing information provided by you shall be governed by Company’s Privacy Policy.
   • Your Account will be accessible by means of a password. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password or Account.  You agree to immediately notify Company of any unauthorized use of your password or Account or any other breach of security.  You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. 
   • Company may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of the Application. Violation of any of the terms and conditions set forth herein may result in actions being taken by Company, effective immediately or at a time determined by Company, which may include without limitation:  (i) temporarily suspending your Account, or (ii) permanently terminating your Account.  Without limiting the foregoing, Company retains the right to decline service to any user who violates the terms and conditions herein.
2. Intellectual Property Rights
   • Certain of the trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Application are registered and unregistered trademarks of Company. Nothing contained on the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Application without the written permission of Company.  Your misuse of the Trademarks displayed on the Application, or any other content on the Application, except as provided herein, is strictly prohibited.
   • Reproduction, distribution, republication and retransmission of material contained within the Company Application is prohibited unless the prior written permission of Company has been obtained.
3. Use Restrictions

In accessing the Application and services therein, You agree not to:

• use, copy, modify, adapt, correct errors, or create derivative works from, the Application or any component thereof, or use the Application to create a competing system;
• decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Application or any component thereof;
• publicize or otherwise advertise the use of the Application or the Content therein, other than in accordance with Company’s Brand Usage Guidelines as amended and disseminated by Company from time to time; or

 

• use any automated means to access the Application and Content, including use of spiders, bots, or other similar means.

4. Third Party Content
   • Some links within the Company Application may lead to other sites owned and operated by third parties.  Company is not responsible for their content and does not necessarily sponsor, endorse or otherwise approve of the materials appearing in such sites. In addition, linked sites may be subject to terms of use and/or privacy policies of their owner/operators, and anyone who uses such a link is responsible for checking what those terms/policies are for themselves.  
   • To the extent any portion of the Application contains opinions provided by third parties, including but not limited to, those set forth in blog posts, webinars, and research papers, such opinions are the opinions of the individual author and may not reflect the opinions Company or any of its employees. Company is not responsible for their content and does not necessarily sponsor, endorse or otherwise approve of the materials provided by third parties. 
5. Restaurant Provided Content
   • As part of the Application and services provided therein, Company allows Restaurant users to post their own content (“Restaurant Content”) that may be accessed by other users of the Application and/or services provided therein. Company has no obligation to monitor the Restaurant Content, or to retain any Restaurant  When providing Restaurant Content, you may not:
     • Post or record any content or language which, in the sole and absolute discretion of Company, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
     • Falsely state or otherwise misrepresent your affiliation with any person or entity;
     • Post or record any content that infringes any patent, copyright, trademark, trade secret, or any other intellectual property right of any person or business; or
     • Post or record any personal information in or on the Restaurant Content, except that you may communicate about your own restaurant employees (e.g., chef information), provided you represent and warrant you have all the necessary releases for posting such personal information. Company is not responsible for any misuse of such personal information.
   • Company does not claim ownership of any Restaurant By posting or recording the Restaurant Content, you hereby grant Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Restaurant Content which you post or record through the Application and/or the services provided therein. 
   • Company reserves the right, in its sole and absolute discretion, to modify or delete any Restaurant Company does not assume any responsibility for the contents of the Restaurant Content.
6. DMCA Notice
   • If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA), Title 17, United States Code, Section 512(c)(2). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
     • A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
     • Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Company to locate the material;
     • Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
     • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or by law; and
     • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   • The above information must be submitted as a written notification to the following Designated Agent:

Christopher M. Pardo

            Hunton Andrews Kurth LLP

            60 State Street, Suite 2400

            Boston, MA 02109, USA

            (617) 648-2759

            CPardo@HuntonAK.com

7. Privacy Policy

            Use of the Application shall by governed by the Company’s Privacy Policy located at https://aroapp.ai/privacy-policy/.  Company reserves the right at all times to monitor, review, retain, and/or disclose any information, including IP addresses, as necessary to satisfy any applicable law, regulation, legal process, or government request, or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity.   

8. Disclaimer of Warranties
   • COMPANY ASSUMES NO LIABILITY FOR THE USE OR INTERPRETATION OF INFORMATION CONTAINED HEREIN. THIS APPLICATION AND THE SERVICES PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ANY AND ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.  COMPANY DOES NOT WARRANT THAT THE APPLICATION OR CONTENT THEREIN ARE ERROR-FREE OR WILL BE UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS.
   • TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DENIALS OF SERVICE (INCLUDING COMPUTER CRASHES), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, OR ANY DOWNLOADED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification

You agree to indemnify and hold harmless Company, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of and access to the Application and services therein, your violation of these terms and conditions, your violation of any rights of a third party, including but not limited to claims of: infringement of third party intellectual property rights or rights of privacy and publicity, claims of defamation, as well as your violation of any applicable laws or regulations.

10. License Grant

Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, worldwide, and nontransferable license to:

• download, install, perform, display, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with the Application’s documentation; and
• if applicable for Android devices, share the Application directly with family members in a single family group on Google Play.

11. License Restrictions

You shall not:

11.1     copy the Application, except as expressly permitted by this license;

 

11.2     modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

 

11.3     reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

 

11.4     remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

 

11.5     remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or

 

11.6     as to iOS devices, use the Application in contravention of the Usage Rules set forth in the Apple App Store Terms of Service.

 

12. Reservation of Rights

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

13. Collection and Use of Your Information

You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our privacy policy as amended from time to time, available at [hyperlink] (“Privacy Policy”). By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  In addition, You grant to Company, a nonexclusive, worldwide, royalty-free license to use any Restaurant Content and usage data to perform Company’s obligations hereunder and to use, copy, modify and distribute such usage data in aggregated form for Company’s lawful business purposes.

14. Updates

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, 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 Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

• the Application will automatically download and install all available Updates; or

14.2     you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application 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 Application and be subject to all terms and conditions of this Agreement.

15. Term and Termination
    • The term of Agreement commences when you download and install the Application, and click “agree,” and will continue in effect until terminated by you or Company as set forth in this Section 9.
    • You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
    • Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

15.4     Upon termination:

(a)        all rights granted to you under this Agreement will also

terminate; and

 

(b)        you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

 

• Termination will not limit any of Company’s rights or remedies at law or in equity.

16. Store Refunds
    • App Store: In the event of any failure of the application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Application to that End-User; however, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty will be the Company’s responsibility.
    • Google Play: The End-User may notify Google at any time within 48 hours after End-User’s purchase, and Google will refund the purchase price for the Application to that End-User; however, to the extent permitted by applicable law, Google will have no other warranty obligations whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty will be the Company’s responsibility.
17. Product Claims

You shall direct any claims relating to the Application or Your possession and/or use of the Application solely to the Company, including, but not limited to: (i) any applicable product liability claims; (ii) any applicable claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

18. Export Regulation

The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

19. General
    • These terms and conditions will be governed by and construed in accordance with the laws of the State of Florida, and any disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts of Miami Dade County, Florida.
    • These terms and conditions contain the entire understanding of the parties hereto relating to the use of this Application and supersedes any prior written or oral agreement or understandings between the parties with respect to this Application, and cannot be changed or terminated orally.
    • If for any reason a court of competent jurisdiction finds any provision of these terms and conditions, or portion thereof, to be unenforceable, the remainder of these terms and conditions shall continue in full force and effect.
    • Company may revise these terms and conditions from time to time by updating or revising this posting, with the revised terms and conditions taking effect as of the date of its posting. It is your responsibility to check these terms and conditions periodically for changes.  Your continued use of the Application following the posting of changes on the Application will mean that you accept and agree to the changes.
    • Notice

If you have any questions regarding these Terms and Conditions, or if you would like to contact Company for any other reason, write to:

ARO Partner App

Crave It IO LLC

3750 NW 87^th Ave, Suite 500

Doral, FL 33178, USA

(786) 383-1230

info@aroapp.ai