Terms and Conditions
Effective Date: 17th May 2025
1. Acceptance of Terms
By accessing or using the Eat&Vibe mobile application ("App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the App.
These Terms constitute a legally binding agreement between you and Eat&Vibe ("we," "our," or "us") regarding your use of our App. Please read them carefully.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by updating the "Effective Date" at the top of these Terms. Your continued use of the App after such modifications constitutes your acceptance of the revised Terms.
3. Eligibility
You must be at least 16 years old to use the App. By using the App, you represent and warrant that you are 16 years of age or older and have the legal capacity to enter into these Terms.
4. Account Registration and Security
4.1 Account Creation
To use certain features of the App, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use of your account
We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you violate any provision of these Terms.
5. User Content
5.1 Content Ownership
You retain ownership rights to the content you submit through the App ("User Content"), including messages, photos, and profile information. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise use such User Content for the purposes of operating and providing the App to you and other users.
5.2 Content Restrictions
You agree not to post, upload, or share any User Content that:
- Is illegal, fraudulent, deceptive, or misleading
- Infringes on intellectual property rights of others
- Contains viruses, malware, or other harmful code
- Depicts or promotes violence, discrimination, or illegal activities
- Is defamatory, obscene, pornographic, or offensive
- Invades another's privacy
- Impersonates any person or entity
- Contains spam, unauthorized advertising, or solicitations
5.3 Content Monitoring
We may, but have no obligation to, monitor, review, or edit User Content. We reserve the right to remove any User Content for any or no reason, including User Content that we determine violates these Terms or may be offensive, illegal, or violate the rights of any third party.
6. App Usage Rules
6.1 Permitted Use
You may use the App for your personal, non-commercial use only and in accordance with these Terms.
6.2 Prohibited Activities
You agree not to:
- Use the App in any manner that could damage, disable, or impair the App
- Use any robot, spider, scraper, or other automated means to access the App
- Attempt to gain unauthorized access to any portion of the App or any systems or networks connected to the App
- Use the App to stalk, harass, or harm another individual
- Use the App for any illegal purpose or to violate any laws
- Interfere with or disrupt the App or servers or networks connected to the App
- Sell, trade, resell or exploit for any commercial purposes any portion of the App
- Copy, distribute, or disclose any part of the App
- Use the App to collect or store personal data about other users without their consent
- Mark other users as fraudulent without legitimate reason
7. Subscription Services
7.1 Subscription Plans
Eat&Vibe offers subscription plans (Pro and Premium) that provide access to enhanced features. By subscribing to a paid plan, you agree to pay all applicable fees.
7.2 Payment Terms
All payments are processed through third-party payment processors (Stripe and/or Paystack). By providing payment information, you represent that you are authorized to use the payment method and agree to pay all charges incurred.
7.3 Subscription Renewals
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can manage your subscription through the App or by contacting our customer support.
7.4 Cancellation Policy
You may cancel your subscription at any time. Refunds will be issued in accordance with our refund policy.
8. Location-Based Services
The App uses location-based services to help you connect with others who have similar cravings in your area. By using the App, you consent to the collection and use of your location data for these purposes. You can withdraw this consent at any time by changing your device settings, but this may limit your ability to use certain features of the App.
9. Interactions with Other Users
9.1 User Interactions
You are solely responsible for your interactions with other users. We do not conduct criminal background checks or other screenings of users. We make no representations or warranties as to the conduct or compatibility of users.
9.2 User Disputes
We are not responsible for the conduct of any user. In no event shall we be liable for any disputes, claims, losses, injuries, or damages arising from or related to your interactions with other users.
9.3 Meeting Safety
We strongly advise that you exercise caution and good judgment when meeting other users in person. Always meet in public places and inform someone about your plans.
10. Intellectual Property Rights
10.1 App Content
The App and its contents, features, and functionality (including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software) are owned by Eat&Vibe or its licensors and are protected by international copyright, trademark, patent, and other intellectual property laws.
10.2 License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes, subject to these Terms.
11. Third-Party Services and Content
The App may contain links to third-party websites or services that are not owned or controlled by Eat&Vibe. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by the use of such websites or services.
12. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability
IN NO EVENT SHALL EAT&VIBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATED ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU PAID US TO USE THE APP IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
14. Indemnification
You agree to indemnify, defend, and hold harmless Eat&Vibe, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.
15. Termination
15.1 Termination by You
You may terminate your account at any time by following the instructions in the App or by contacting us.
15.2 Termination by Us
We may terminate or suspend your account and access to the App, without prior notice or liability, for any reason, including if you breach these Terms.
15.3 Effect of Termination
Upon termination, your right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the App shall be exclusively settled in the courts of [Jurisdiction].
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eat&Vibe regarding your use of the App and supersede all prior written or oral agreements.
18. Waiver and Severability
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
19. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: [support@eatandvibe.com]
- Address: [562 forest hill dr, Kitchener, ON N2M 4H7]
Thank you for reading our Terms and Conditions.