DishCue
Welcome to DishCue. These Terms of Use (“Terms”) govern your access to and use of the DishCue mobile application and related services (collectively, the “App”), operated by DishCue (“we,” “our,” or “us”).
By creating an account or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
1. Eligibility
You must be at least 13 years of age (or 16 in the EU) to use the App. By using the App, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.
2. Your Account
- Registration: You must create an account to use most features of the App. You agree to provide accurate, current, and complete information during registration and to keep it updated.
- Username: Your username must not impersonate another person, use a trademarked name without authorization, or be offensive or misleading.
- Security: You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@dishcue.app if you suspect unauthorized access.
- One account per person: You may not create multiple accounts. We reserve the right to suspend accounts that appear to be duplicates or created for abusive purposes.
3. User-Generated Content
- Your content: The App allows you to post dish photos, badge selections, written reviews, and other content (“User Content”). You retain ownership of your User Content.
- License to us: By posting User Content, you grant DishCue a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content solely to operate and improve the App and its services.
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Your responsibility: You are solely responsible for your User Content. You represent and warrant that:
- You own or have the necessary rights to post the content.
- The content does not violate any third party's intellectual property, privacy, or other rights.
- The content complies with these Terms and all applicable laws.
- Content removal: We reserve the right to remove User Content that violates these Terms, without prior notice.
4. Prohibited Conduct
You agree not to use the App to:
- Post content that is unlawful, defamatory, harassing, threatening, obscene, pornographic, or hateful.
- Impersonate any person or entity or misrepresent your affiliation.
- Post spam, fake reviews, or artificially inflate ratings or follower counts.
- Upload malware, viruses, or any code designed to disrupt or damage the App or its users.
- Scrape, crawl, or use automated tools to extract data from the App without our written permission.
- Circumvent, disable, or interfere with security-related features of the App.
- Use the App for any commercial purpose without our prior written consent.
- Violate any applicable local, state, national, or international law or regulation.
- Attempt to gain unauthorized access to any portion of the App, its servers, or networks.
Violations may result in immediate account suspension or termination and, where appropriate, referral to law enforcement.
5. Intellectual Property
- Our IP: The App, including its design, graphics, logos, name, software, and all content created by us (excluding User Content), is owned by DishCue and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our written permission.
- Feedback: If you submit ideas, suggestions, or feedback about the App, you grant us the right to use that feedback without restriction or compensation to you.
- Copyright complaints: If you believe your copyrighted work has been infringed in the App, please send a DMCA-compliant notice to support@dishcue.app
6. Social Features
- Following and followers: When you follow another user, your username and profile information will be visible to that user. Your public dishes and badges will appear in the activity feeds of your followers.
- Public vs. private content: All dish reviews posted in the App are currently public and visible to all users. We may introduce privacy controls in future versions.
- User interactions: We are not responsible for the content or conduct of other users. If you encounter content that violates these Terms, please report it through the in-app reporting feature or contact us.
7. Third-Party Services
- The App integrates third-party services including Google Firebase and Google Places. Your use of those services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of any third-party service providers.
- The App may display information about restaurants sourced from third parties. We do not endorse, represent, or warrant the accuracy of any restaurant information, menus, hours, or availability.
8. Disclaimers
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
- ANY DEFECTS WILL BE CORRECTED.
- THE APP OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- RESTAURANT INFORMATION DISPLAYED IS ACCURATE OR UP TO DATE.
- USE OF THE APP IS AT YOUR OWN RISK.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISHCUE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) $50 USD.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless DishCue and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the App; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third party's rights.
11. Termination
- By you: You may delete your account at any time from within the App (Profile → Settings → Delete Account). Upon deletion, your personal data will be removed per our Privacy Policy.
- By us: We reserve the right to suspend or terminate your account at any time, with or without notice, for any violation of these Terms or for any other reason at our sole discretion.
- Effect of termination: Upon termination, your right to use the App ceases immediately.
12. Governing Law and Disputes
- These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
- Informal resolution: Before filing a formal dispute, you agree to contact us at support@dishcue.app and attempt to resolve the dispute informally for at least 30 days.
- Arbitration: If informal resolution fails, any dispute arising from these Terms or the App shall be resolved by binding individual arbitration under the American Arbitration Association's Consumer Arbitration Rules. You waive the right to participate in a class action lawsuit or class-wide arbitration.
- Exception: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm while arbitration is pending.
13. Changes to These Terms
We may revise these Terms at any time. When we make material changes, we will update the “Last updated” date and, where required, provide additional notice. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance. If you do not agree, you must stop using the App and delete your account.
14. General
- Entire agreement: These Terms and our Privacy Policy constitute the entire agreement between you and DishCue regarding your use of the App and supersede all prior agreements.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
- Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
15. Contact Us
For questions about these Terms, please contact:
DishCue
Email: support@dishcue.app