Please read these Terms of Use (the “Agreement” or the “Terms“) carefully before using our services, as they constitute a legally binding agreement between you and bamya and any of its subsidiaries(“bamya” or the “Company“) and govern your use of our services, applications, or websites (collectively: the “Service” and “Our“, “Us” or “We“ respectively).

The Service

The Service is a data driven management system, designed and intended for home-chefs and non-restaurant food business owners, that helps you with your kitchen management and creativity, by reflecting consumer insights based on ingredient discovery, auto-suggestion and prior celebrity chefs knowledge advisors such as chef Hamudi Habashi from "House Number 3", part of which is subject to a monthly payment (“Paid Service“).

Upon your subscription to the Service, We will grant you access to the Service or certain parts of it. Your Users’ access to the Service is limited and personal, all as described under these Terms.

We use commercially reasonable efforts to maintain the highest Service availability. However, we cannot guarantee that the Service will operate in an uninterrupted or bug-free performance. We perform Service maintenance and use commercially reasonable effort to schedule our system down-time to off-peak hours and to avoid service interruptions and delays.

Payment Method

Upon payment of the monthly subscription, you will be granted with access to the Paid Service for a limited number of users of 1. In order to make the payment, you must be equipped with a current, valid, accepted method of payment (“Payment Method”) which will be available in the platform or provided to you by a Company representative (eg: Wiring, Credit Card). We may update the accepted methods and the monthly payment rate from time to time. We use an external clearance company to facilitate the payment, which are made directly through the external clearance company’s services, where you will be asked to fill in the payment information directly.

Payment Information

Sensitive Payment information will not be saved by Us, instead we will be saving an encrypted tokens provided by the certified third party of Amazon amplify. We will be saving transaction logs, such as status, confirmation of the amount paid etc.. After the payment process is complete, an invoice will be sent directly to your registered e-mail account. By completing the payment process you authorize us to charge the monthly payment, according to the agreed upon monthly fee, as shall be amended at our sole discretion from time to time, continuously and monthly. If, for any reason, the payment ceases, your access to the Paid Service shall be denied.

We reserve the right to refuse or cancel your payment at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service or other reasons. We reserve the right to refuse or cancel your payment if fraud or an unauthorized or illegal transaction is suspected. We reserve the right to update our rates from time to time in a range of month to month

All subscriptions will be renewed automatically at the start of a new monthly term, unless otherwise requested by the customer, 30 days prior to the end of the monthly subscription date.

Termination

You may terminate the renewal of your monthly subscription by notifying us at us@bamya.io. Such termination will take affect 30 business days after notifying us. No refund will be made for a payment already charged.

Your Use of the Service

The Service may only be used in compliance with all applicable laws and for legitimate purposes. Following your subscription, you may use the Service only for your own non-commercial purposes and for no other purpose.

Specifically, it is forbidden to:

Use the Service for any unlawful or improper purpose.

Use the Service for any defamatory, offensive, obscene or otherwise objectionable purpose.

Use the Service in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights;

Use the Service in a manner that is misrepresentative or misleading as to your identity or which in any way suggests that you are sponsored, affiliated or connected with bamya.

Use the Service in any manner which may damage bamya or its reputation.

Disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the Service.

Use or interfere with the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

Copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Service, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Service.

Introduce onto, or transmit via, the Service any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorization key, license control utility or software lock;

Remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Service or pass off or attempt to pass off the Service as the product of anyone other than bamya;

Use any automated computer program or application to scan, copy, index, sort or otherwise exploit Service.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in immediate termination of your account on our Service. You acknowledge that any personally identifiable information which you submit to our Service may be used aggregately for statistical purposes. You shall be responsible for keeping your password and log-in details secure and confidential. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know as soon as you can and change your password with all suspicion.

Property Rights and Third Party Content

Our Service includes processing and presenting publicly available content that is not owned or controlled by bamya, including, among others, content which is presented “as-is”, derivatives and aggregated analysis of such content (collectively, “Third Party Content“). You agree that we are not responsible for any such Third Party Content, nor are we liable for any losses or damages arising from such content.

bamya does not warrant that the information available on our Service is complete, reliable, accurate, has no errors, or is up to date. We have the right to edit and change some or all the content, in our own sole judgment, without prior notice. Your use of the Service and its available content, or any part thereof, is made solely at your own risk and responsibility.

You acknowledge and agree that your use of Third Party Content is subject to the terms of use, privacy policies, practices, licenses and any other binding documents of the holders of the rights to the Third Party Content; bamya shall not be responsible or liable, directly or indirectly, for any breach, damage or losses incurred by any third party, arising from your use of Third Party Content through the Service.

We are not responsible for, and we disclaim any warranties regarding, accuracy, appropriateness, usefulness, safety to any Third Party content, including, but not limited to links, text, data, images, videos, testimonials, advertisements, statements, advice, rating, content, services, products, offers, affiliate links or web pages.

Should you leave our Service with any of the links and Third Party Content offered on the Service, you do it at your own risk and we shall not be liable or responsible as mentioned above.

The Service may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software“). You acknowledge and agree that your right to use such Third Party Software as part of the Service is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of these Terms and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the Service or components thereof be deemed to be “open source” or “publically available” software.

Other than as set forth above, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets, format, directories, queries, algorithms, structure and organization and rights of confidence in Service (collectively, the “Intellectual Property Rights“) are owned by or licensed to bamya. By using the Service, you will not acquire any right, title or interest in or to the Service or in or to the Intellectual Property Rights except for the limited license to use the Service granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the Service in source-code form.

Your Information

You hereby grant us a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all content (included string and preferences) uploaded by you to the Service (excluding personally identifiable information) including for the purposes of advertising and marketing the Service;

To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in the Feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.

By providing us with personal data, including your payment information (“Personal Data“), you hereby warrant and represent that: (i) such Personal Data is yours, meaning you are the controller of the Personal Data; (ii) you have the legal right to provide us such Personal Data; (iii) to the extent the Personal Data was obtained from a third party including your users, it was lawfully obtained in compliance with all applicable laws; (iv) you have a lawful basis for processing such Personal Data; (v) the Personal Data is complete, accurate and true; and (vi) the Personal Data may be stored in our database(s), anywhere in the world.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE AND ANY THIRD PARTY CONTENT, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS HEREBY CLARIFIED THAT THE COMPANY SHALL HAVE NO LIABILITY (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) TO COMPENSATE YOU FOR ANY DAMAGE OCCURRED TO YOU BY USING THE SEVICE.

Indemnity

You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: Your (i) access to or use of the Service or Third Party Content; (ii) breach of these Terms; (iii) violation of law; (iv) negligence or willful misconduct; or (v) violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

If you have any questions about these Terms, please contact us at:

us@bamya.io