Last Update: Oct 10, 2015

Hello. Welcome to Pichu, Ltd. (“we” “us” “our” or “Pichu”)!

The Pichu website (the “Site”), its applications (the “Apps”), and content available on the Site and Apps (the “Content”) are copyrighted work belonging to Pichu. Pichu services help consumers make food choices through food, nutrition, and ingredient information and content. Such services may be accessed through the Site, Apps, Content, APIs, and data feeds (collectively the “Services”).

THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES. THIS AGREEMENT IS ACCEPTED BY YOUR ACCESSING AND/OR USE OF THE SERVICES. YOU MAY NOT ACCESS AND/OR USE THE SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SERVICES.

PLEASE REVIEW PICHU’S PRIVACY POLICY (http://www.pichuapp.com/privacy). THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED INTO, AND CONSIDERED A PART OF, THIS AGREEMENT.

CERTAIN DISCLAIMERS

ALL INFORMATION CONTAINED ON THE SERVICES (INCLUDING THE SITE, APPS, AND CONTENT), INCLUDING NUTRIENT INFORMATION, INGREDIENTS, FOOD ALLERGENS, AND INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS IS FOR INFORMATIONAL PURPOSES ONLY AND NOT PROVIDED AS MEDICAL ADVICE.

PICHU DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS, WHETHER BASED ON CROWDSOURCING FROM PICHU USERS, MANUFACTUER INFORMATION, THIRD PARTY INFORMATION, OR ON RATINGS AND ASSESMENTS GENERATED BY PICHU. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS, WHETHER ONLINE OR ON THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN AND CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.

INFORMATION ON THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY A QUALIFIED AND LICENSED HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE INFORMATION ON THE SERVICES FOR THE DIAGNOSIS OR TREATMENT OF A HEALTH PROBLEM OR DISEASES. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER BEFORE MAKING ANY DIETARY OR NUTRITIONAL CHANGES.
IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, PICHU DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICES.

USER ACCOUNTS

Account Creation. In order to use certain features of the Services, you must register for an account with Pichu (“Pichu Account”) and provide certain information about yourself. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation or the terms of this Agreement.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Pichu Account login information and are fully responsible for all activities that occur under your Pichu Account. You agree to immediately notify Pichu of any unauthorized use, or suspected unauthorized use of your Pichu Account or any other breach of security. Pichu cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We will protect your Pichu Account information in accordance with the Privacy Policy.

SERVICE

Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services (including the Site, Apps, and Content, but excluding any User Content as defined herein) are owned by Pichu or Pichu’s suppliers. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Pichu and its suppliers reserve all rights not granted in this Agreement.

License. Subject to the terms of this Agreement, Pichu grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (a) use the Services solely for your personal, non-commercial purposes, and (b) install and use the Apps, solely on your own handheld mobile device (e.g., iPhone, Android, etc. as applicable) and solely for your personal, non-commercial purposes.

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) You may not copy or modify the code used to provide the Services; and (f) You may not use the Site, Apps, Content, or Services on or in connection with any other website, for any purpose. Any future release, update, or other addition to functionality of the Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on the Site must be retained on any copies.

Use of Services at Your Own Risk. Your access to and use of the Site, Content, Apps, and Services is at your own risk. Pichu will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Site, Apps, Content, or Services, or reliance on any information or advice with respect to any food products.

Modification Of Services. Pichu reserves the right, at any time, to modify, suspend, or discontinue the Services (including the Site, Apps, and APIs) or any part thereof with or without notice. Pichu reserves the right to integrate into a different web service, migrate to a different URL, modify or discontinue, restrict or block access to, the Services without notice to you. Pichu may modify or remove any Content from the Services at any time without notice to you. Pichu is not liable for any such modification, suspension, discontinuance or removal. You agree that Pichu will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

ACCEPTABLE USE POLICY

The following sets forth Pichu’s “Acceptable Use Policy”:

You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (f) attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Pichu or other generally available third party web browsers; (f) forge any TCP/IP packet header or any part of the header information in any email or posting; (g) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services; (h) access, tamper with, or use non-public areas of the Site, Apps, APIs, Pichu’s computer systems, or the technical delivery systems of Pichu’s providers; (i) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (j) access, tamper with, or use non-public areas of the Site, Pichu’s computer systems, or the technical delivery systems of Pichu’s providers; (k) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (l) in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information; or (m) harass or interfere with another user’s use and enjoyment of the Services;

We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Pichu Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information considered necessary or appropriate, including your Pichu Account username and password, IP address and traffic information, usage history, and your User Content.

APP STORES, THIRD PARTY SITES & ADS, OTHER USERS

App Stores. You acknowledge and agree that the availability of the Apps is dependent on the third party from which you received the Apps, e.g., the Apple iTunes App Store, Google Play, and/or other app stores (“App Stores”). You acknowledge that this Agreement is between you and Pichu and not with the App Stores. Pichu, not the App Stores, is solely responsible for the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Stores in connection with the Apps. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third party beneficiary of this Agreement and will have the right to enforce this Agreement.

Third Party Sites & Ads. The Services may contain links to third party sites and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Pichu and Pichu is not responsible for any Third Party Sites & Ads. Pichu provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. Advertisements and other information provided by Third Party Sites & Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Sites & Ads that are found on or through the Site, Apps or Services, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

Other Users. Each user of the Service is solely responsible for any and all their User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that Pichu will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
Release. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Sites & Ads.

DISCLAIMERS

THE SERVICES (INCLUDING SITE, APPS, AND CONTENT) AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PICHU EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

PICHU MAKES NO WARRANTY THAT THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PICHU MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR ADVICE WITH RESPECT TO ANY FOOD PRODUCT. PICHU DOES NOT REGULARLY MONITOR OR UPDATE THE ACCURACY OR RELIABILITY OF THE CONTENT OR USER CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PICHU OR THROUGH THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN OR CREATE ANY LIABILITY ON THE PART OF PICHU.

THE SITE, APPS, CONTENT, USER CONTENT AND SERVICES ARE FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL, NUTRITIONAL OR ANY OTHER PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. THIS SITE, APPS, CONTENT AND THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NUTRITIONAL, DIETETIC, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. PICHU ADVISES USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH, NUTRITION OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR APPS. PICHU MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, TOOLS, OR CONTENT INCLUDED IN THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES.

PLEASE ALSO REVIEW THE SPECIFIC DISCLAIMERS IN SECTION “CERTAIN DISCLAIMERS”.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES (INCLUDING THE SITE, APPS, OR SITE CONTENT), OR THIRD PARTY SITES & ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES (INCLUDING THE SITE, APPS, CONTENT AND USER CONTENT), AND THIRD PARTY SITES & ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF PICHU TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO PICHU FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN PICHU AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

INDEMNITY

You agree to indemnify and hold PICHU, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, or (c) your violation of this Agreement. Pichu reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Pichu. Pichu will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

TERM AND TERMINATION

If you violate any of these Terms of Service, your permission to use the Site, Apps, Content, and Services will automatically terminate. Pichu reserves the right to revoke your access to and use of the Site, Apps, Content, and Services at any time, with or without cause.

GENERAL

Changes to Terms of Service. You acknowledge and agree that Pichu may revise these Terms of Service from time to time. By continuing to access or use the Site, Content, or Services after Pichu makes any such revision, you agree to be bound by the revised Terms of Service.

Severability. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

Waiver. The failure of Pichu to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

Copyright/Trademark Information. Copyright © 2016, Pichu. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Entire Agreement. This Agreement (which includes the Privacy Policy and any other rules posted on the Site or Apps) constitute the entire and exclusive agreement between Pichu and you regarding the Site, Apps, Content, User Content, and Services, and these Terms of Service supersede and replace any prior agreements between Pichu and you regarding the Site, Content, and Services. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Pichu’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.