Last updated and effective: June 10, 2019
ProductWise is a mobile app that uses information you provide to us to generate product and/or category lists relevant to you and send you in-app product recall notifications that may be relevant to you. To identify potentially relevant information, we use the information you provide to us to create a profile about you. We also may, if you provide us with permission to access, collect and analyze data from other services about products you purchase. However, the Service does not and cannot identify all safety information and recall notices that are applicable to you. Our matching algorithm is not perfect, so we will undoubtedly miss some notices or alerts that are relevant to you. But ProductWise can be a valuable tool to help you monitor the products that you own to identify dangerous products and relevant safety information.
As described below, we are not responsible for any injury or consequence that results from your use of the Service, including but not limited to a missed recall notice or alert.
1. Grant of License
Subject to the terms provided herein, we grant you a limited, non-exclusive, nontransferable, worldwide, revocable, non-sublicensable license to use the Service. We reserve the right to update or modify the Service at any time, from time to time in our sole discretion, including without limitation to increase or change the functionality of the Service. Notwithstanding the foregoing, we do not grant you any right or license to republish or disseminate any content on the Service or to use or display any of our logos, domain names, trademarks or other marks or other distinctive brand features in any medium or forum or for any purpose. All our rights not expressly granted by this license are hereby retained.
3. Your Account
When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. The ProductWise app allows you to add information about products you own, so that we may be able to collect information about the products. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, device, and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that we do not own or control. We assume no responsibility for the content, privacy policies, or practices of any of these third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. 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.
You agree to defend, indemnify and hold us harmless, as well as our licensee(s) and licensor(s), and our or their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, or (b) a breach of these Terms.
7. Limitation of Liability
In no event shall we, our directors, employees, partners, agents, suppliers, licensees, licensors, contractors, or affiliates, be liable for (a) any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses; or (b) any damages, obligations, losses, or other liabilities in connection with (i) your access to or use of or inability to access or use the Service, including but not limited to any injury, death, or other consequence related to a food or product you purchased that was recalled; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use or alteration of your transmissions or content; (v) any failure by us to alert you to any recall notice for any reason whatsoever; (vi) the content, format or medium of transmission of any recall notice or the applicability of any recall notice (or lack thereof) to you or any food or product purchased by you; (vii) any action or failure to act by you in connection with any recall notice; or (viii) any data breach suffered by us, or any of our licensees, licensors, suppliers, contractors or affiliates, in each case in clauses (a) and (b), whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall our aggregate liability (including the liability of our directors, employees, partners, agents, suppliers, or affiliates) to you or with respect to your use or access of (or inability to use or access) the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, exceed $50 USD.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Neither we, our partners, subsidiaries, affiliates, or licensors warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements, including but not limited to alerting you about a relevant food or product recall or other safety issue, and we expressly disclaim any liability with respect to any and all of the foregoing.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
10. Governing Law
These Terms shall be governed and construed in accordance with the state laws of Washington, United States, without regard to its conflict of law provisions. 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 you and us regarding the Service, and supersede and replace any prior agreements between you and us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide advance notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the Terms as revised. If you do not agree to the Terms as revised, you are no longer authorized to use the Service and must cease use immediately.
12. Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.