Terms of Use

Swate Inc. is an app that allows you, the User, to receive personalized and prioritized recipe recommendations based on the expiry of the food you have. Swate, Inc. is federally registered in Canada with the registration number 1200430-5. Our mission is to reduce household food waste by empowering you to make more sustainable food choices through effective grocery management.

The agreement (the Agreement) you are reading is our Terms of Use (the Terms) and is a legally-binding contract between you and Swate Inc. (Us, We, Our, Swate).

These Terms of Use work in conjunction with our Privacy Policy https://www.swate.today/privacy. This policy lets you know how and why we will use your personal information. By using our Services, you are agreeing to be bound by these Terms of Use. In other words, you cannot use our Services without agreeing to this Agreement.

If you have any questions while you’re going through our terms, please feel free to contact us at hello@swate.today. By using the information, programs, software, features and functionality (our Services) whether via https://www.swate.today (the Website) or our mobile device application for iOS and Android (the App), you acknowledge that you have read these Terms, that you agree with them, and that you have the capacity to enter into a binding contract with us. We encourage you to read these Terms and if you don’t agree with any of them, not to use our Services.

We reserve the right to modify or otherwise update this Agreement at any time by posting the modified version on our Website and App and revising the Effective Date. If you continue to use our Services after the Agreement has changed or notice of the change has been given, you will be deemed to have accepted such changes. Here we’re basically letting you know that to use our service you have to accept these terms. Also, as we grow and our Services evolve, we may need to modify these Terms. We will be sure to let you know when we do!

1 License

Your privacy is extremely important to us! These terms include our privacy policy (the Privacy Policy), which outlines how we handle your information. You should read our Privacy Policy carefully before using our Services because by using our Services, you agree that we can collect, use, and share your information (but only in ways consistent with the Privacy Policy). We also want you to know that if these Terms conflict in any way with the Privacy Policy, then these Terms will prevail.

2 Use of Services

Your Account

You must log in with your Google credentials through the App to access our Services. Using our Services requires data network access. You are solely responsible for all fees charged by your wireless service carrier related to your use of the Services (e.g., data usage fees). You shall also be responsible for acquiring and updating the equipment necessary to access our Services.

Only those who are 18 years of age or older are allowed to use or access our Services or to create an account. If you are not legally an adult based on your local laws, you need to get a parent or guardian to agree to these Terms on your behalf.

We try to make our Services as accessible as possible, but we know that there is always room for improvement! If you have any trouble accessing our Services, please contact us at: hello@swate.today. Although we will attempt to make our app compatible with most smartphones, it is your responsibility to ensure you have the right hardware/equipment to use the app.

Security

You are solely responsible for the security, maintenance, and all other aspects of your Swate account. By using our Services you agree that the account information you provide us with is accurate. We suggest that you take precautions to safeguard your account, including selecting a strong password. By using our Services, you also agree not to do the following with respect to your account:

  1. share your password or account or buy, sell, rent, or lease your username or account;
  2. access or attempt to access your account using a proxy, client, or third party app; or
  3. create multiple accounts or a new account after your original account has been banned or disabled by Swate.

Any issues with account access or security can be addressed to: hello@swate.today. Please contact our support team right away if you know or have reason to believe that your account has been accessed without your permission.

It’s really important that the email address associated with your Swate account is accurate and up-to-date. It will be the main way for us to communicate with you and work around account issues.

3 Access To Our Services

At the moment, the App is available free of charge.

We do not guarantee that our app, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our app for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You may be required to update the App to the latest version to maintain access to services.

4 Using Our Services Properly

We want to make sure that our Services provide a respectful environment for all of our users. That is why in order to use our Services, you must agree:

  1. that our Services are for your personal use only and that you will not use our Services for commercial purposes;
  2. that you are solely responsible for the safety of your passwords and content, including backing up your content;
  3. not to use our Services for any purpose that is illegal or prohibited in these Terms;
  4. not to sell, make available, publish, or deep-link any aspect of our Services;
  5. not to create derivative works from or exploit our Services or the content provided by our Services in any way;
  6. not to upload or distribute any viruses, worms, other malicious code, any software intended to damage or alter a computer system or data, or in any way compromise the security of our Services;
  7. not to use robots, spiders, crawlers, scrapers or the like to obtain user information from our Services;
  8. not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, or transfer any aspect of our Services;
  9. not to mine passwords or otherwise attempt to gain unauthorized access to our Services, servers, or networks connected to our Services;
  10. not to perform any action that interferes with the performance of our Services, its network, or its servers, such as a denial of service attack;
  11. not to make use of designs, logos, branding, photographs, videos, or any other materials used in our Services without our written consent;
  12. not to represent or suggest that we endorse any other business, product, or service; and
  13. not to perform any other action that Swate deems to interfere with other users’ use and enjoyment of our Services.

It’s really important to us that you only use our Services for their intended manner - there’s no room for creativity here. Please be considerate and don’t do any “unintended” things listed above.

5 Rights In Our Services

Your Rights

Agreeing to these Terms grants you a license to use and access our Services. You agree to only use your license in a way that complies with these Terms. Your license is personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable and non-sublicensable.

Our Rights

When you register an account with us, you can agree that we may send you certain communications in connection with the Website or the App. For example, you can agree to receive updates and notifications from us regarding your account by email or via the App.

While we appreciate any feedback you have for us, you should know that you are not entitled to compensation for any ideas you provide us. We may immediately, without notice, terminate this Agreement and/or stop providing access to the Swate platform if (i) you have materially breached your obligations under these Terms, the payments terms, our policies or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) we believe in good faith that such action is reasonably necessary to protect the property of Swate, its users, or third parties.

Swate reserves all rights not expressly granted to you in these Terms.

6 Rights Of Third Parties

While the majority of our Services are developed and owned by us, some of it will belong to or will be provided by other companies, groups, or agencies (the Third Parties). Third Parties and the services they provide will be subject to their own set of terms, which might be very different from these ones, so make sure you read them before using any Third Party services, features, products, or functionality. Swate does not take responsibility or liability, directly or indirectly, for the Third Party services or terms, nor are we responsible or liable, directly or indirectly, for any Third Party content that fails to conform to these Terms or our other policies or any damage or loss which is caused or alleged to have been caused in connection with the Third Party’s services. Some of the content on our Services is made available by publishers, users, and other Third Parties.

These Terms do not create or confer any third party beneficiary rights.

8 Ending Or Changing Our Services

You may notice that parts of our Services change over time. This is all part of our pledge to deliver the best service to our users. To make that happen, we may update, change, remove, replace, stop or suspend our Services or any part of our Services at any time, without notice.

If you are unhappy with our Services, or decide that you no longer want to be bound by these Terms, you can terminate your Agreement with us by cancelling your Swate account.

We can also terminate the Agreement for a number of reasons, like if we decide that you have breached these Terms or if your account has been inactive for a prolonged period of time.

Even after this Agreement is terminated, you and Swate will both still be bound by sections 6, 7, and 9-78 of these Terms. Additionally, we accept no liability relating to the termination of this Agreement, the termination of your account, or any content that may be deleted along with your account.If we need to contact you about these Terms, you: (i) agree to receive electronic messages from us; and (ii) agree that all terms and conditions, notices, disclosures, agreements, and other messages we send you electronically satisfy all legal requirements as if they were in writing.

9 Limitation Of Liability

(This provision may not apply to you if you are a consumer residing in Quebec) TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWATE AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (AND INCLUDING TO ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO INTELLECTUAL PROPERTY RIGHTS OR THIRD PARTY RIGHTS INFRINGEMENT, PROPERTY DAMAGE, IDENTITY THEFT, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOU USE, MISUSE, OR RELIANCE UPON OUR SERVICES, OR YOUR INABILITY TO USE OUR SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF SWATE KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF SWATE AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE, MISUSE, INABILITY TO USE, OR RELIANCE ON OUR SERVICES OR ANY CONTENT THEREIN EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CDN).

SWATE IS ONLY RESPONSIBLE FOR THE SECURITY OF THE COMPUTER SYSTEMS IT OWNS AND OPERATES. SWATE IS NOT LIABLE FOR YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET, MOBILE DEVICE OR ANY NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS OR MAKE USE OF OUR SERVICES.TO THE FULLEST EXTENT PERMITTED BY LAW, SWATE AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY COSTS, EXPENSES, LOSS OR DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, AND WHETHER ECONOMIC OR OTHER) ARISING OUT OF OR IN CONNECTION WITH A THIRD PARTY’S SUPPLY OF FOOD UNDER THIS AGREEMENT (INCLUDING WITHOUT LIMITATION, FOOD QUALITY AND FOOD REGULATORY ISSUES).

RECOMMENDATIONS MADE BY SWATE ARE BASED ON INFORMATION SOURCED FROM THIRD PARTIES AND USERS; OWN JUDGEMENT SHOULD BE EXERCISED WHEN FOLLOWING GIVEN SUGGESTIONS (INCLUDING WITHOUT LIMITATION, RECIPES, STORAGE TIPS, FREEZING TIPS, EXPIRY EVALUATION SUGGESTIONS, PRIORITIZATION). SWATE CANNOT GUARANTEE ACCURACY OF EXPIRY DATE ESTIMATIONS AND IS NOT LIABLE FOR PRODUCTS THAT EXPIRE IN ADVANCE OF ESTIMATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, SWATE AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY COSTS, EXPENSES, LOSS OR DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, AND WHETHER ECONOMIC OR OTHER) ARISING OUT OF OR IN CONNECTION WITH OUR RECOMMENDATIONS (INCLUDING WITHOUT LIMITATION, FOOD QUALITY AND FOOD REGULATORY ISSUES).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS DESCRIBED ABOVE. THUS, PORTIONS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10 Disclaimers

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT OUR SERVICES WILL BE SUITABLE FOR EVERY PERSON IN EVERY CASE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER ANY INFORMATION YOU RECEIVE AS PART OF THE SERVICE IS APPLICABLE FOR ANY PARTICULAR PURPOSE.

WE HAVE MADE ALL REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS WEBSITE AND APP. HOWEVER, WE CANNOT AND DO NOT GUARANTEE, REPRESENT, OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDATION, STABILITY AND AVAILABILITY OF OUR SERVICES (INCLUDING ANY TEXT, GRAPHICS, MATERIALS, LINKS, EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN OUR SERVICES). ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. OUR SERVICES AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS. NOTHING IN OUR SERVICES CONSTITUTES ADVICE, NOR SHOULD OUR SERVICES, OR ANY PART THEREOF, BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING, ANY DECISION.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT OUR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.

(This paragraph may not apply to you if you are a consumer residing in Quebec) USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF OUR SERVICES OR THE CONTENT THEREIN, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.

11 Indemnity

You agree to indemnify, defend, and hold harmless Swate, our directors, officers, employees, suppliers, affiliates, agents, and their respective successors and assigns against any and all complaints, losses, damages, suits, charges, claims, costs, liabilities, and expenses, including, legal fees and disbursements, resulting from, arising from, or relating to, directly or indirectly: (1) your use of, misuse of, reliance upon, or access to, our Services; or (2) your breach of these Terms. Swate reserves the right, if it so chooses, to assume the exclusive defense and control of any matter that you are required to indemnify at your expense. You agree to cooperate with our defense of any such claim, including foregoing acceptance of any offers to settle and refraining from making any such offers without the consent of Swate. We will make a reasonable effort to notify you of any claim that is captured by this section.

12 Governing Law

(This paragraph may not apply to you if you are a consumer residing in Quebec) This Agreement is to be governed by and construed under the laws of Ontario, Canada, excluding any body of law governing conflicts of laws. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law. You also waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement.

If the courts in your jurisdiction will not permit you to consent to the jurisdiction and venue of Ontario, Canada, then your local jurisdiction and venue will apply to any disputes arising out of or related to this Agreement. You agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement.

13 International Access

We are aware that our Website and App may be accessed from countries other than Canada. Nothing on our Website or App stands to represent or warrant that any of our Services are or will be available outside of Canada. If you access and use any of our Services outside Canada, you are responsible for complying with your local laws and regulations.

14 Servability

The validity and enforceability of these Terms as a whole will not be affected by any part of these Terms being found unenforceable or invalid. If such a situation arises, the invalid or unenforceable part will be severed from these Terms.

15 Non-Assignment

These Terms are not assignable, transferable, or to be sub-licensed by you except with Swate’s prior written consent. Swate may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

16 Miscellaneous

Swate’s decision not to enforce a provision in these Terms will not constitute a waiver of that term. Throughout these Terms, the word “including” will mean “including without limitation”.

17 Entire Agreement

These Terms constitute the final, exclusive, and entire agreement between you and Swate. Any prior agreement you may have had with Swate is superseded by these Terms.

CONTACT US

Swate welcomes comments, questions, or suggestions. Please send your feedback to hello@swate.today

Effective Date: May 21, 2020