Terms of Service
This website, www.ReciPal.com, (collectively referred to as the "Site" in these Terms of Service) is owned and operated by ReciPal, LLC ("we", "us", “ReciPal”, or "ReciPal.com"). By using and accessing our Site, you ("you", "user", or "end user") agree to these Terms of Service (collectively, the "Terms of Service" or "Agreement").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.
Intellectual Property.
Customer acknowledges and agrees that all content and information on the Site is protected by proprietary rights and laws. With respect to certain data supplied by Customer, ReciPal.com and Customer agree as follows:
ReciPal.com acknowledges and agrees that all User Data is Customer’s sole and exclusive property and ReciPal will not share your formulations with anyone. For purposes hereof, “User Data” means all data and information that Customer provides to ReciPal.com via direct input on the Site. ReciPal may only use User Data, which includes without limitation ingredients entered by Customer on the Site, with Customer’s express consent; provided, however, that User Data shall not be deemed to incorporate information which is or becomes generally available to the public other than as a result of a disclosure by us, or was available to us on a non-confidential basis prior to its disclosure by you. Notwithstanding the foregoing, you agree that User Data may be collected by ReciPal.com and freely used by ReciPal.com for any lawful business purpose without a duty of accounting to you, if and to the extent that it is used only in an aggregated form, without specifically identifying the source thereof.
Except as stated above, at no time shall ReciPal.com acquire any ownership, license, rights or other interest in or to User Data.
Disclaimer of Warranty
You expressly agree that use of the Site is at your sole risk and discretion. The Site and all content and other information contained on the Site is provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, whether express or implied. ReciPal.com shall use reasonable commercial efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services, however ReciPal.com makes no warranty that either (I) the Site, the content or information on it, or any product labels or other content produced will be uninterrupted, timely, secure or error-free, or (II) the results that may be obtained from use of the Site will be effective, accurate or reliable.
You understand and agree that the Site may include technical mistakes, inaccuracies or typographical errors. ReciPal.com reserves the right to change the Site content and information at any time without notice. Customer is ultimately responsible for the accuracy and compliance of Customer's food product labeling, costing, recipe management, and inventory management. Additionally, Customer specifically undertakes to review all labels, and ascertain their accuracy, before applying them to Customer’s products. We do not warrant the accuracy of the labels produced.
Limitation of Liability.
In no event shall ReciPal.com or its affiliates be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the content and other information obtained therein.
Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.
Third-party Sites.
The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and do not imply endorsement of, or association with, the party by ReciPal.com.
Modifications to this Agreement.
ReciPal.com reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time, upon written notice to Customer (as long as customer is still subscribed to email updates), which will be done at Customer’s last known email address. Such changes shall take effect thirty (30) days after the transmission of said email (or 30 days after the change if customer is unsubscribed from email updates). Customer’s continued use of the Site thereafter will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Restrictions and Responsibilities
Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software (including any Free Trial, live demo, and online tutorials), documentation or data related to the Services ("Software") in order to (A) build a competitive product or service, (B) build a product or service using similar ideas, features, functions or graphics of the Services, or (C) copy any ideas, features, functions or graphics of the Services; modify, translate, or create derivative works based on the Services or any Software; or license, sub-license, copy, rent, resell, distribute, lease, pledge, assign, or otherwise transfer or encumber rights to or commercially exploit the Services or any Software.
Customer represents, covenants, and warrants that Customer will use the Services only in compliance with these terms and conditions and only in compliance with all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity or defamation). Although ReciPal.com has no obligation to monitor the data or content provided by Customer or Customer's use of the Services, ReciPal.com may do so and may remove any such content or immediately prohibit and terminate any use of the Services it believes may be (or alleged to be) in violation of the foregoing. Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer data, including Customer data entered into any ReciPal.com database, and shall not negligently or intentionally enter incorrect data into any ReciPal.com database.
Customer shall not create multiple free trial accounts.
Subscriptions.
A valid credit card (MasterCard, Visa, American Express) is required for paid subscriptions.
The subscription plans are billed on a monthly recurring basis. You will be billed on the same day of each month following your first payment. For example, if you signed up for a paid plan on the 15th of the month, you will be billed on the 15th day of each subsequent month, until the subscription is canceled. For trials, that first payment date will be delayed by the trial period. If the billing date doesn’t exist in a particular month, it will be billed on the latest possible date of that month (e.g. billed November 30th for an October 31st initial billing date).
There is no minimum term for a subscription. You can cancel at any time per the Cancellation terms below.
You may switch paid subscription plans at any time, which will prorate your monthly charge.
All fees displayed are in United States Dollar ("USD") and will be charged in USD.
Refunds and credits may be provided on a case by case basis.
Subscription Cancellation.
You are solely responsible for properly terminating your subscription. An email or phone request to terminate your subscription is not considered proper termination. You can terminate your subscription at any time by logging in to the service and canceling from your Account Settings page.
Cancellations are effective immediately and there will be no attempts to process a charge after cancellation. Your subscription will remain in effect through the duration of the billing period.
Termination of Use.
ReciPal.com shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site in the event that:
- Customer's payment for services has expired
- Customer is in probable breach of any of these Terms and Conditions or operating outside of authorized use, determined solely at the discretion of ReciPal.com
Governing Law.
This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to any conflicts of law principles applied in that state.
Date of Last Update.
This agreement was last updated on February 18, 2021.