These Terms of Use are an agreement between you and Yummi Inc. ("Yummi," "we," "us," or "our"). They govern your use of the Yummi mobile apps for iOS and Android, the website at www.yummiapp.com, and related services that let you record and organize your food photos and experiences ("Foodprints") (collectively, the "Services").
By creating an account or using the Services, you agree to these Terms of Use and to our Privacy Policy, which explains how we handle your information. If you do not agree, please do not use the Services. Some features may have additional rules, which we will show you with the feature; those rules are part of these Terms of Use.
These Terms of Use require that most disputes between you and Yummi be resolved through individual binding arbitration, not a jury trial or class action (see section 12). They also limit our liability to you (see sections 8 and 9).
1. Your account
1.1 Who can use Yummi. You must be at least 13 years old to use the Services. If you are under 18, or under the age of majority where you live, you may use the Services only with the permission of a parent or guardian who agrees to these Terms of Use.
1.2 Creating an account. To use most features, you need a Yummi account. You agree to give accurate information when you sign up and to keep it up to date.
1.3 Signing in with another service. You can sign in with Apple, Google, or Facebook. When you do, that service's own terms and privacy policy also apply, and we receive the information described in our Privacy Policy. WeChat sign-in is being retired; if you used it, we will ask you to add an email address to keep using your account.
1.4 Keeping your account secure. You are responsible for activity under your account and for keeping your login details confidential. Please use a password you don't use elsewhere, and tell us right away at hello@yummiapp.com if you think someone has accessed your account without permission.
1.5 Deleting your account. You can delete your account at any time in the app (Settings → Help and support → Delete account) or by emailing hello@yummiapp.com from the email address on your account. Our Privacy Policy explains what happens to your information after deletion.
2. Using Yummi
2.1 Your license to use the Services. Subject to these Terms of Use, Yummi gives you a personal, non-exclusive, non-transferable license to use the Services, and to install and use the app on devices you own or control, for your personal, non-commercial use.
2.2 Restrictions. You may not: (a) sell, rent, lease, sublicense or redistribute the Services; (b) copy, modify, reverse engineer or decompile any part of the Services, except where the law allows it; (c) use the Services to build a competing product; or (d) remove any copyright or other notices from the Services.
2.3 Changes to the Services. We are always improving Yummi, so we may add, change, suspend or stop features at any time. When a change significantly affects you, we will try to give you reasonable notice.
2.4 Yummi's ownership. Apart from your User Content (see section 3), Yummi and its licensors own the Services, including the app, website, design, logos and software. These Terms of Use don't give you any rights in them except the license in section 2.1.
2.5 App stores. If you downloaded the app from the Apple App Store or Google Play, these Terms of Use are between you and Yummi, not the app store, and Yummi is responsible for the app. You also agree to follow the app store's own terms. Section 14 has additional terms for the Apple App Store.
2.6 Privacy. Our Privacy Policy explains what information we collect, how we use it, and your choices, including how the app uses your photos and location.
3. Your content
3.1 You own your content. You own the photos, captions, ratings, comments and other content you upload to Yummi ("User Content"). You give Yummi only the license described in section 3.2.
3.2 The license you give Yummi. You give Yummi a worldwide, non-exclusive, royalty-free license to host, store, copy, process, adapt (for example, resize or crop), and display your User Content to operate, provide and improve the Services. This includes:
- Running the app for you. For example, reading the date and location saved in your photos to organize your Foodprints and suggest venues, and analyzing your content with automated tools to provide features described in our Privacy Policy.
- Showing your content as your settings allow. Private content is shown only to you. Public content can be seen by anyone in the app and on the web, including in search engine results.
- Promoting Yummi with public Foodprints. We may feature your public Foodprints to promote Yummi, for example on our social media accounts, website, or app store listings, with credit to your username where practical. We never use private content this way. You can keep a Foodprint out of future promotion by making it private.
We may let our service providers use your User Content only to help us do these things. This license ends when you delete the content or your account, except for copies in backups until they are overwritten, content that others have saved or reshared, and promotional materials already published.
3.3 Food content. Yummi is for logging food experiences. We may remove, or limit the visibility of, any User Content that is not food-related or that violates these Terms of Use, including the Acceptable Use Policy in section 4. We are not required to review User Content, and we may act at our discretion, with or without notice.
3.4 Photos of other people. If your User Content shows other people, you are responsible for having their permission to upload it.
3.5 Your responsibility. You are responsible for your User Content. You confirm that you have the rights needed to upload it and to give the license above, and that it does not violate these Terms of Use or anyone else's rights. Please keep your own copies of anything important to you.
3.6 Feedback. If you send us ideas or suggestions about Yummi, we may use them without any obligation to you.
4. Acceptable use
You agree not to use the Services to upload, share or send content that:
- infringes anyone's copyright, trademark, privacy, publicity or other rights;
- is unlawful, harassing, threatening, hateful, defamatory, obscene, pornographic, or harmful to minors;
- is false or misleading, including fake reviews. If you own or work for a restaurant or other business, you may not post or solicit content to artificially boost your business on Yummi, including by creating multiple accounts.
You also agree not to:
- send spam or unsolicited advertising, including in notes you add when sharing Foodprints;
- collect information about other users without their consent;
- upload viruses or other harmful code, or interfere with or overload the Services;
- try to access accounts, systems or data you aren't authorized to access;
- use bots, scripts or other automated means to create accounts or scrape the Services; or
- harass or interfere with other users.
Yummi has no tolerance for objectionable content or abusive users. If you break these rules, we may remove content, limit features, suspend or close your account (see section 10), or report you to law enforcement.
Reporting and blocking. You can report content in the app, for example from the menu on a photo or comment, or by emailing hello@yummiapp.com. We review reports and act on them promptly. You can also block another user from the menu on their profile. A blocked user can no longer follow you or see the Foodprints on your profile.
5. Coins
You may earn coins (points) through activity in the app. Coins have no cash value, cannot be sold, transferred or exchanged for money, and are not your property. We may change how coins are earned or used, or end the coin program, at any time. Coins are forfeited if your account is closed.
6. Ads, third parties and other users
6.1 Ads. The Services show ads, including in your log and feeds. Ads are provided by third parties, as described in our Privacy Policy.
6.2 Third-party sites and ads. The Services may contain links to, or ads for, websites and services that Yummi doesn't control. We are not responsible for them, and their own terms and privacy policies apply when you use them.
6.3 Other users. Other users are responsible for their own content. We don't guarantee that restaurant information, ratings or other content from users is accurate. Your interactions with other users are between you and them, and we are not required to get involved in disputes between users.
6.4 Release. To the extent the law allows, you release Yummi from claims arising from your interactions with other users, third-party sites, or any restaurant or business you visit because of the Services. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
7. Indemnity
To the extent the law allows, you agree to defend and indemnify Yummi and its officers, employees and agents against third-party claims, and related costs and reasonable attorneys' fees, arising from your User Content, your misuse of the Services, or your violation of these Terms of Use or the law. We will tell you about any such claim and may take control of its defense, in which case you agree to cooperate.
8. Disclaimers
The Services are provided "as is" and "as available." To the fullest extent the law allows, Yummi disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Services will be uninterrupted, error-free, secure or free of harmful code, or that any content, including restaurant information and content from other users, is accurate or complete. Some places do not allow these disclaimers, so they may not apply to you.
9. Limitation of liability
To the fullest extent the law allows, Yummi will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, data or goodwill, arising from these Terms of Use or your use of the Services, even if we were told they were possible. Yummi's total liability for any claim related to the Services is limited to the greater of $50 or the amount you paid Yummi in the 12 months before the claim. Some places do not allow these limits, so they may not apply to you.
10. Suspension and termination
These Terms of Use apply for as long as you use the Services. You can stop using the Services and delete your account at any time (see section 1.5). We may suspend or close your account, or limit features, if you violate these Terms of Use, if required by law, or to protect users or the Services. Where appropriate, we will tell you why and give you a chance to respond. When an account is closed, its content is deleted as described in our Privacy Policy. Sections 2.2, 2.4, 3.5 through 3.6, and 6 through 13 continue to apply after these Terms of Use end.
11. Copyright
Yummi respects intellectual property rights. We remove content that infringes copyright when we receive a valid notice, and we close the accounts of repeat infringers in appropriate circumstances.
If you believe content on Yummi infringes your copyright, send our Copyright Agent a written notice under 17 U.S.C. § 512(c) that includes:
- your physical or electronic signature;
- a description of the copyrighted work you believe was infringed;
- a description of the content you believe is infringing and where it appears on the Services;
- your address, phone number and email address;
- a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; and
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.
If your content was removed and you believe that was a mistake, you may send a counter-notice under 17 U.S.C. § 512(g). Knowingly false notices or counter-notices can create legal liability under 17 U.S.C. § 512(f).
Copyright Agent: Yummi Inc., Attn: Copyright Agent, hello@yummiapp.com
12. Resolving disputes
This section affects your rights.
Try us first. Before starting a formal claim, please email hello@yummiapp.com with a description of the issue. We will try to resolve it informally within 60 days.
Arbitration. If we can't resolve it, you and Yummi agree that any dispute arising from these Terms of Use or the Services, including privacy and data claims, will be resolved by individual binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, instead of in court. Either party may instead bring an individual claim in small claims court. There is no judge or jury in arbitration, and court review is limited.
No class actions. You and Yummi may bring claims only individually, not as a plaintiff or class member in any class, consolidated or representative action. If this class-action waiver is found unenforceable for a claim, that claim will not be arbitrated and will go to court.
Opting out. You may opt out of this arbitration agreement by emailing hello@yummiapp.com within 30 days after you first agree to these Terms of Use, with your name, your account email address, and a statement that you opt out.
Exceptions. Either party may bring claims about infringement of intellectual property, or ask a court for emergency relief, in the state or federal courts in Los Angeles County, California.
These Terms of Use are governed by the laws of the State of California, without regard to conflict-of-law rules, and by the Federal Arbitration Act. Any dispute not subject to arbitration will be heard only in the state or federal courts in Los Angeles County, California. If you live in the European Union or the United Kingdom, nothing in these Terms of Use limits the rights you have under the mandatory consumer protection laws of your country, including the right to bring claims in your local courts.
13. General
13.1 Changes to these Terms of Use. We may update these Terms of Use from time to time. If we make material changes, we will notify you in the app or by email at least 30 days before they take effect. Changes apply right away for new users. If you keep using the Services after the changes take effect, you agree to the updated Terms of Use; if you don't agree, you can stop using the Services and delete your account.
13.2 Entire agreement. These Terms of Use and the Privacy Policy are the entire agreement between you and Yummi about the Services. If any part of these Terms of Use is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms of Use without our written consent; we may transfer them in connection with a merger, acquisition or sale of assets. "Including" means "including without limitation."
13.3 Contact. Yummi Inc., hello@yummiapp.com.
14. Apple App Store terms
If you downloaded the app from the Apple App Store, these additional terms apply:
- Agreement. These Terms of Use are between you and Yummi only, not Apple. Yummi, not Apple, is solely responsible for the app and its content.
- License. Your license to use the app is limited to Apple devices you own or control, as permitted by the App Store's Usage Rules.
- Maintenance and support. Yummi is solely responsible for any maintenance and support of the app. Apple has no obligation to provide them.
- Warranty. If the app fails to meet any applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for the app. To the fullest extent the law allows, Apple has no other warranty obligation for the app.
- Product claims. Yummi, not Apple, is responsible for any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection claims.
- Intellectual property. Yummi, not Apple, is responsible for investigating and resolving any third-party claim that the app infringes intellectual property rights.
- Legal compliance. You confirm that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Third-party terms. You must comply with any applicable third-party terms, such as your wireless carrier's, when using the app.
- Contact. Questions, complaints or claims about the app can be sent to hello@yummiapp.com.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms of Use and may enforce them against you.