TERMS OF SERVICE
Last Updated: 6th April 2022
These Terms of Service (“Terms”) govern your use of the Epifeast Inc.’s services, including our products, website, mobile applications, APIs, and any websites (or portions thereof) or mobile applications that are operated by Epifeast Inc. or its subsidiaries (collectively, the “Services”), and are entered into by you and Epifeast Inc., a Delaware corporation. This Agreement applies to all visitors, users, and others who access the Services (each, hereafter, a “user”).
Epifeast Inc.'s Terms of Service and Privacy Policy agreement governs the Trial User's use of Epifeast Inc.’s products and services. The services include the use of ‘Your Personal Robot Chef’ (“Product”), a cooking robot independently developed by Epifeast Inc., and its associated companion application and mobile application. The mobile application allows users to access additional functionalities including but not limited to, exclusive recipes created by third-party chefs, and accessory ordering through Epifeast Inc. The user acknowledges services provided by Third Party Providers are provided by third-party independent contractors who are not employed by Epifeast Inc.. You acknowledge that Epifeast Inc. does not supervise, direct, or control the performance of services provided by Third Party Providers to you or for your benefit.
The user also acknowledges and agrees that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Epifeast Inc., Epifeast Inc. does not form any employment or agency relationship with you.
You also agree to be bound by these Terms and all of the terms incorporated herein.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services, or otherwise. If you are claiming our services on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
Epifeast Inc. reserves the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites, or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites
COMMUNITY GUIDELINES
Epifeast Inc.’s community, like any community, functions best when its people follow a few simple rules. By accessing our services, you hereby agree to comply with these community rules and that:
You must be the age of majority in your jurisdiction and capable of entering into binding contracts;
You will not use our product or services for any unlawful purposes;
You may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not upload, post, e-mail, transmit or otherwise make available any User Content that:
is false, deceptive, misleading, deceitful, or misinformative;
infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity;
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website or the Platform; and
You will not interfere with or attempt to interrupt the proper operation of the Website or the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data mining, or any other means.
Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Services, without notice, and remove any User Content that does not adhere to these guidelines.
TERMS OF PRODUCT
By using the Product the Trial User agrees to have read, understood, and accepted all of the terms and conditions of the Product (“T&C”).
License to use the Product: This is an Agreement under which the User is licensed to test the Product ("Trial User"). In testing the Product, The Trial User agrees to abide by the terms of this Agreement. Trial User may use the Product for 30 (Thirty) days from the start date communicated by Epifeast Inc. for the sole purpose of Trial Users' internal evaluation of the Product and not for any commercial or production purpose. Except for the limited rights granted herein, Epifeast Inc. reserves all rights, title, and interests in and to the Product. Trial User agrees that it will not and will not direct others to reverse engineer or copy any part of the Product.
Trial of the Product: This Agreement is effective upon the Trial User’s successful payment of the subscription price (the “Effective Date”) by paying the monthly subscription for a fixed amount ("Subscription Fees") as duly communicated and agreed by all parties and will terminate as per provisions laid out in clause 3 of this Agreement. In the event, that the Trial User intends to use the Product after the Trial Period, provided that Epifeast Inc. has made the Product commercially available, the Trial User shall purchase such Product from Epifeast Inc. under a separate contract.
Modification: The user shall not make any modifications to the Product without the knowledge of Epifeast Inc.. The user will be liable to pay for any damages or problems arising out of such modifications. Additionally, you may not copy, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Epifeast Inc.’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Epifeast Inc. provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.
Rights to Images: the Trial User acknowledges that during the Trial Period, Epifeast Inc. shall have the right to record images from the cameras used by the Product to carry out cooking, and for the purpose of collecting trouble reports and test results ("Images & Videos"). The Trial User hereby consents to and authorizes the use of the Images and Videos by Epifeast Inc. and its authorized representatives, successors, and assigns for any purpose whatsoever including without limitation: sale, reproduction in all media, publication, display, broadcast, and exhibition for promotion, and/or advertising. Trial User specifically acknowledges and agrees that the Authorization is irrevocable, perpetual, and shall survive termination of this Agreement, as the case may be.
Companion App and Mobile App: You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, Epifeast Inc. will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies. Epifeast Inc. may introduce new features, change existing features, or remove features from the applications at any time and without notice. If you provide Epifeast Inc. with any feedback on or comments regarding the Services, you grant Epifeast Inc. the right to use such feedback or comments for any purpose without restriction or payment to you.
Creating a User Account: You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Third-Party Providers and Epifeast Inc. personnel, including individuals who support Epifeast Inc.’s Customer Support efforts. Epifeast Inc. reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
SUBSCRIPTION
Product Subscriptions.
Along with the subscription the customer shall be entitled to receive on a monthly basis an additional supply of certain add-ons, including but not limited to spice pods or any other additional supplementary product that Epifeast Inc. may deem fit (‘additions’ or ‘add ons’), subject to a limited number of shipments and number of additions/add on products in each shipment for free of cost. In case the customer requires any additional products over and above the aforementioned supply, then the customer may do so by placing an order with Epifeast Inc. for a price that would be as determined by Epifeast Inc.. Epifeast Inc. may reserve the right to change or modify or delete the terms relating to adding ons and additional product supply.
Cancellation Policy.
You may cancel your subscription online at any time by emailing and following the instructions in our response or by contacting customer support. Any order(s) identified as “Processing” or “Shipped” in our records, however, cannot be canceled. You will be responsible for all charges (including any applicable taxes and other charges) incurred with respect to any order identified under the above categories prior to the cancellation of your subscription.
3.3 Term and Termination
The term of this agreement effectively begins upon successful signup and enlisting payment methods on file with the intent of payment of the subscription fees. Trial User may terminate this Agreement at any time prior to shipping of order by notifying Epifeast Inc. in writing through our customer support channels. Epifeast Inc. may terminate this Agreement at any time upon written notice to the Trial User. Termination of this Agreement shall not relieve Trial User of any obligations set forth in this Agreement with respect to the Product, and all such obligations shall continue in accordance with the terms of the Agreement in perpetuity.
3.4 Termination for Cause
Either party may terminate this Agreement (including all related Order Forms) if the other party fails to cure any material breach of this Agreement (including a failure to pay fees) within 30 days after written notice. Epifeast Inc. additionally reserves the right to call back their products in their entirety in the course of the subscription period after providing written notice to the Trial User of the same. In the event that Epifeast Inc. chooses to exercise this right, Epifeast Inc. would be liable to pro-ratably refund the Subscription fees to the Trial User and any amount paid by the Trial User for any add-on services including but not limited to the delivery of spice pods, spices, and grocery orders. The calculation for the refund of subscription fees would be based on the number of remaining days in a month post the pick-up date.
3.5 Effect of Termination
Upon termination of the subscription, Epifeast Inc. would initiate the process to reclaim the Product and its related accessories. The date at which Epifeast Inc. has successfully reclaimed the Product and its related accessories (“Pick-up Date”) would be used to calculate Epifeast Inc.’s liability towards a refund if any.
In the event you cancel your Subscription, please note that we may still send you promotional communications about Epifeast Inc., unless you opt-out of receiving those communications by following the unsubscribe instructions provided therein.
COMMUNICATIONS
By placing an order with Epifeast Inc., you agree to accept and receive communications from Epifeast Inc., including via email, text message, calls, and push notifications to the cellular telephone number you provided to Epifeast Inc. . You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Epifeast Inc. , its affiliated companies and/or Personal Shoppers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. You may also opt out of receiving text messages from Epifeast Inc. by replying “STOP” from the mobile device receiving the messages.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
The Trial User agrees to provide current, complete, and accurate purchase and account information for purchases made with Epifeast Inc.. Trial User agrees to promptly update his/her account and other information, including his/her email address and credit card numbers, and expiration dates, so that Epifeast Inc. can complete the transactions and contact the Trial User as needed.
In the event that the shipping or billing address of the Trial User has been changed, it is the responsibility of the Trial User to notify Epifeast Inc. of the same. Failure to do so might lead to erroneous deliveries. In case the Product or any add-on materials or accessories are delivered to the incorrect shipping or billing address, Epifeast Inc. would not be liable for ensuring that the delivery is successfully completed to the updated address
DIGITALLY COLLECTED DATA USAGE
Pursuant to applicable data protection laws, the Trial User is hereby notified that Epifeast Inc. shall collect, process, and use certain personal information about the Trial User for the legitimate internal and marketing purpose, which may specifically include:
Information you provide: You may provide us with Personal Information when you: (i) contact us through our online or email forms (including sending us queries, joining our Trial User list to be updated on releases of our products, or responding through the Services to listed job postings), as well as through any third party social media accounts connected to our Services from time to time (i.e. Instagram, Facebook, Twitter, or otherwise); (ii) make a purchase or proceed with a payment transaction through the Services for our products and Service; (iii) use your mobile application to access our service; and (iv) to provide feedback on our services.
Information we collect: includes, but is not limited to, your name, contact details (i.e. email address, telephone numbers), billing address, delivery address, and your preferences in receiving marketing from us and our third parties, including your communication preferences, interview relating to the use of the Product (“Data”). Epifeast Inc. reserves the right to track the navigation of the Trial User through the recipes and various landing pages of the Epifeast Inc. companion app and mobile application. Epifeast Inc. also reserves the right to record the visual periphery of the device while transmitting the live feed that is sent to the Trial Users mobile device, while the meal is being cooked on the device. Epifeast Inc. confirms that it uses this data only to track and improve its services by monitoring the performance of our device and application and to resolve issues raised by the Trial User. Our mobile application or Product does not knowingly collect personal information from children under 13. If you are under the age of 13, please do not submit any Personal Information through the Services. We encourage parents and legal guardians to monitor their children’s information and to ensure their children never provide Personal Information to us. If you have reason to believe that a child under the age of 13 has provided Personal Information to Epifeast Inc., please contact us. If we learn we have collected or received personal information from a child under 13, we will delete that information.
We do not collect payment or credit information on our Service. We use third-party service payment providers to process any payment transactions for any purchases you may make for the Product or services we offer through our Services. You are responsible for reviewing any such third-party payment providers’ privacy policies and/or statements, as well as their terms of service and/or use, and complying with them.
The App may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
We share your information with third parties and third-party service providers, promotion and marketing partners, consultants, research firms, business partners including merchants, vendors, or insurance service providers, for supporting Our business, carrying out your service requests, and fulfilling such service requests.
You may choose not to provide us with any Personal Information or information as required to complete your tasks/transactions initiated on your Platform. If we do not receive the information required for tour tasks, a Delivery Partner or Merchant may choose not to complete your task/transaction initiated on the Platform.
Provided that Epifeast Inc. complies with all applicable laws, rules, and regulations, and applicable industry guidelines, Epifeast Inc. may use the Data regarding the Trial Use using the Product and may disclose qualitative evaluations of such data to its clients and potential clients only for the purpose of internal and marketing planning purposes.
SECURITY
The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect the Personal Information that you provide to us. We have implemented procedures designed to limit access, input, transmission, security of availability, separation, and dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
RETENTION
We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.
ACCESS, CORRECTION, AND ACCURACY
You have the right to access the Personal Information we hold about you to verify the Personal Information we have collected with respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances, we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up to date, and, if applicable, we will provide you with mechanisms to update, correct, delete or add to your Personal Information. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
PUBLICITY/SUGGESTIONS
In consideration of the license granted under Clause 1.2, Trial User agrees that Epifeast Inc. may approach Trial User for reference quotes for the Products. The trial User also agrees to reasonably cooperate with Epifeast Inc. in the evaluation of the Product and to provide feedback to Epifeast Inc. upon Epifeast Inc.'s request. The Trial User hereby assigns to Epifeast Inc. all right, title, and interest in and to any invention, discovery, improvement, or derivative works, made, conceived, or reduced to practice by the Trial User alone or jointly with others, in connection with the evaluation of the Product. While Epifeast Inc. intends to commercially release a version of the Product, Epifeast Inc. reserves the right to not release such a version or to release a version with altered features, specifications, capabilities, functions, or other characteristics.
CONFIDENTIALITY
Trial User acknowledges and agrees that the Product and the technical information contained therein and all information generated through the Product, including trouble reports and test results, are highly proprietary and confidential to Epifeast Inc.. All data inputted into the Product by Trial User shall be the confidential information of Trial User. Except as (i) permitted by this Agreement, or (ii) required by law or by any competent government authority, Trial User shall not use the Product or disclose the Product to any third party, either during the term of this Agreement or thereafter, without the prior written consent of Epifeast Inc.. Trial User shall take all reasonable measures to protect the secrecy of and avoid disclosure or use of the Product or information contained therein, to protect it from falling into the public domain before being commercially available or the possession of unauthorized persons, which measure shall include the highest degree of care that Trial User uses to protect its own information of a similar nature, but in no event less than a reasonable degree of care. Trial User shall not cause or permit the reverse engineering or disassembly or decompilation or translation into a human-readable form of the Product (or any portion thereof). Trial User shall promptly notify Epifeast Inc. in writing of any misuse or misappropriation of the Service, which may or should come to Client’s attention.
INDEMNIFICATION
Trial User will indemnify, defend and hold Epifeast Inc. and its Affiliates harmless, at its own expense, against any third-party claim, suit, action, or proceeding (each, an "Claims") brought against Epifeast Inc. (and/or its officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with Epifeast Inc. or its Affiliates to the extent that such Claims are based upon or arise out of
Unauthorized or illegal use of the Product by the Trial User or its Affiliates,
Non-compliance with or breach of this Agreement,
Use of third-party products with the Product of Epifeast Inc., or
Unauthorized use of the Product by any third party using Trial Users’ credentials.
Use, possession, handling, operation of the Products after delivery of the Product to the Trial User including, but not limited to any installation or uninstallation of the Products
The Trial User additionally acknowledges that by signing this agreement, they are knowingly entering into a trial for a product that is not safety certified to be used in the US. By signing this agreement, the Trial user understands the aforementioned purpose and indemnifies Epifeast Inc. of any damages that might be caused due to the failure of its device or any related services. Arbitration rules apply as per section 15 of this agreement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
The Product is being provided by Epifeast Inc. to the Trial User, and only to the Trial User, on an “as is” basis. Epifeast Inc. makes no warranties of any kind with respect to the Product, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party intellectual property rights. All such warranties are hereby expressly disclaimed.
In no event shall Epifeast Inc. be liable to the Trial User or any customer or affiliate or agent of the Trial User for any consequential, exemplary, punitive, incidental, indirect, or special damages or costs (including attorneys’ or experts’ fees) arising from the use of the Product under this Agreement or otherwise arising out of or related to this Agreement, whether or not Epifeast Inc. has been advised of the possibility of such damages or costs.
INJUNCTIVE RELIEF
Trial User acknowledges and agrees that unauthorized disclosure or use of the Product, or any information contained therein, will diminish the value thereof to Epifeast Inc.. Therefore, if The Trial User breaches any obligations set forth in this Agreement. Epifeast Inc. shall be entitled to equitable relief to protect its interests in the Product, or any information contained therein, including but not limited to injunctive relief, as well as any other remedies available to Epifeast Inc. in equity or law from a court of competent jurisdiction.
DISPUTES AND ARBITRATION
This Section 15 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Epifeast Inc. that arises out of or relates to (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services; or (d) any other aspect of your relationship or transactions with Epifeast Inc. as a consumer.
Before initiating proceedings against Epifeast Inc., you agree to contact Epifeast Inc. first and attempt to work out any such dispute amicably.
For residents of the United States, you agree to the following mandatory arbitration provisions:
Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Epifeast Inc. agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim to arise at any time out of or relating to: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services; or (iv) any other aspect of your relationship or transactions with Epifeast Inc. as a consumer.
Notwithstanding this mandatory arbitration provision, (a) you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis, and (b) you and Epifeast Inc. each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights.=
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms.
The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be resolved under and governed by the law of the claimant’s state of residence.
TRIAL BY JURY WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND Epifeast Inc. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
CLASS, COLLECTIVE, REPRESENTATIVE ACTION WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND Epifeast Inc. ARE EACH WAIVING THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO ACKNOWLEDGE AND AGREE THAT UNLESS YOU AND Epifeast Inc. OTHERWISE AGREE IN WRITING, ANY ARBITRATION OF ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR FAVOR AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY YOUR INDIVIDUAL CLAIM(S), AND ANY RELIEF AWARDED CAN NOT AFFECT OTHER Epifeast Inc. USERS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION.
Opt-out of Mandatory Arbitration: You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing Epifeast Inc. at arbitration-opt-out@Epifeast Inc..com with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
Except as described below for California residents, the arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) in effect at the time the arbitration demand is made. The Rules are available at www.adr.org. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall apply.
The Parties agree to submit to the jurisdiction of a single neutral arbitrator (the “Arbitrator”) selected in accordance with the Rules. The Arbitrator will decide the rights and liabilities, if any, of you and Epifeast Inc.. The Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual. The Arbitrator shall follow the applicable law. The Arbitrator’s decision is final and binding on you and Epifeast Inc..
You and Epifeast Inc. agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
The arbitration will be held in the United States county where you live or use the Services, or a location you and Epifeast Inc. mutually agree upon in writing. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Epifeast Inc. submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules.
The Rules will govern the payment of all filing, administrative or arbitrator fees (“Arbitration Fees”) and each party will be responsible for their own Arbitration Fees under those Rules or to the maximum extent permitted by law.
For California residents, the arbitration will be held in the California county where you live or use the Services, San Francisco, California, or any other location you and Epifeast Inc. mutually agree upon in writing.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, Representative Action Waiver above is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from the arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall stay pending the outcome of any individual claims in arbitration.
LIMITATION OF REMEDIES IN DAMAGES
Notwithstanding any other provision of this agreement, Epifeast Inc.'s entire liability shall not exceed the amount actually paid to Epifeast Inc. during the duration of the Subscription Term.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs, or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
NO RESALE
You are not permitted to resell or otherwise use the Products for commercial purposes, unless previously discussed and agreed upon with the company.
ENTIRE AGREEMENT AND SEVERABILITY
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Epifeast Inc., shall constitute the entire agreement between you and Epifeast Inc. with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
NO WAIVER
Epifeast Inc.’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
SURVIVABILITY
The clauses mentioned in this agreement shall survive the termination of this agreement.
ASSIGNMENT
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Epifeast Inc. may assign its rights, licenses, and obligations under these Terms without limitation.
CHANGES TO THE TERMS
We may make changes to these Terms from time to time. When Epifeast Inc. does so, Epifeast Inc. will post the most current version of the Terms on Epifeast Inc.’s website and, if a revision to the Terms is material, Epifeast Inc. will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
CONTACT INFORMATION
Questions or comments about our terms of service? Get in touch with us at care@eatwithnymble.com or write into the below contact information:
Epifeast Inc.
2013, Fairmont Dr
San Mateo, California 94402
corporate@epifeastgroup.com
+1 844 972 4300