Terms and Conditions
Please read Terms and Conditions before start using our website
Welcome to our website https://feastly.co/ (referred to as the the “Website”)!
These Terms and Conditions (referred to as the “Terms”) govern the contractual relationship between NEXTGENAI S.R.O., a company registered under the laws of Czech Republic, with a registered address at Osadní 869/32, Holešovice, 170 00 Prague 7, Czech Republic and a company number of 21477116 (referred to as “we,” “us,” “our,” or the “Company”) and the users who utilize the services of the Company (referred to as “you,” “your,” or “user”). These Terms define the conditions under which our services are utilized.
These Terms are applicable to the use of the Website and the purchase of any products or services with us via the Website (referred to as “Services”). By accessing, using, or making purchases via our Website, you agree to be bound by these Terms, the Privacy Notice (also referred to as the “Privacy Policy”), and any other additional terms, conditions, and policies referenced here and/or available by hyperlink on the Website (hereinafter collectively referred to as the “Terms of Use”).
Please carefully read our Terms of Use before accessing, using, or obtaining any materials, information, products, or services. If you do not agree to any provisions of Terms of Use, then you may not use the Website or any of our services.
You must accept our Terms of Use to create an account with us as per section 3 and to access or use our Services. If you do not have an account, you accept these Terms by using any part of the Service. If you do not accept these terms, do not create an account or use the Service.
1. Our Services
Our Website is aiming to provide you with AI-driven platform designed to transform the kitchen into a space of culinary exploration and ease. By understanding each user's unique dietary preferences, available ingredients, and cooking skills, our Website offers personalized AI generated meal ideas and step-by-step recipes tailored to fit any lifestyle or nutritional need. Our advanced AI not only suggests delicious recipes but also recommends ingredient substitutions and cooking tips, ensuring that users can confidently tackle any meal, regardless of their culinary expertise.
DISCLAIMER: PLEASE BE AWARE THAT OUR SERVICES DO NOT INCLUDE MEDICAL, NUTRITION, OR ANY FORM OF HEALTHCARE SERVICES. OUR SERVICES ARE NOT INTENDED TO PROVIDE HEALTHCARE SERVICES AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, CONSULTATION, OR TREATMENT FROM QUALIFIED NUTRITION SPECIALIST. PRIOR TO UTILIZING OF SERVICES, IT IS CRUCIAL THAT YOU CONSULT WITH YOUR DOCTOR. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CONTACT YOUR DOCTOR OR RELEVANT EMERGENCY SERVICES IMMEDIATELY.
2. Eligibility Requirements
Access to our Website is available only to individuals who are 18 years of age or older. If the legal age of adulthood in your jurisdiction is attained at a later date, that age requirement will apply accordingly. If you are under the minimum age required by the laws of your country to access and use our Website or Services, you affirm that your legal guardian has reviewed and consents to these Terms on your behalf. Additionally, you confirm that you are not prohibited from using our Website and Services under any applicable laws.
To be eligible to use and access to our Website and Content you must not be located, incorporated, otherwise established in, or resident of, or have business operations: 1) in jurisdiction where it would be illegal under applicable law to this Terms or 2) in any of the following jurisdictions: Afghanistan, Cuba, Iran, North Korea, Syria, Russian Federation, Belarus, Regions of Ukraine: Crimea, Donetsk and Luhansk, Myanmar (Burma), Central African Republic, China, Congo DR, Lebanon, Libya, Mali, Nicaragua, Somalia, Sudan, Venezuela, Yemen, Zimbabwe.
3. Profile Registration
You are permitted to use our Website, Services and Content solely for lawful purposes and in compliance with all applicable laws and regulations. In order to use our Services, you may need to create a user account and furnish us with precise and comprehensive details such as your name, last name, country of residence and email address. It is your responsibility to safeguard the confidentiality of your account and password, and you agree to assume liability for all actions undertaken under your account.
The contract between user and the Company is established when user registers on the Company's Website. Registration is free and involves completing a registration form, during which certain user profile data is stored in the Company's database.
By creating an account on our Website, you consent to providing accurate information. You also agree to promptly update your account and other details, including email address, credit card information, and expiration dates, to facilitate transactions and ensure we can contact you when necessary. Any information you provide during registration will be handled in accordance with our Privacy Policy. It's important to maintain the secrecy of your password.
The Company reserves the right to decline user registrations based on valid and objective reasons. These reasons may include, but are not limited to, violation of the Terms of Use, implementation of fraud prevention measures, doubts about the user's identity, suspicion of spamming activities, uncertainty regarding the user's age, fraudulent behavior, or attempts to register in markets where the Company's services are unavailable.
4. User Profile Policy
You bear sole responsibility for all activities carried out under your profile. You agree not to utilize another user's profile, username, or password at any point, nor to disclose your password to any third party, or engage in any actions that could compromise the security of your profile. Promptly inform us of any unauthorized use of your profile.
If we have valid reasons to suspect a violation of these Terms or if the registration information provided by you is believed to be untrue, inaccurate, outdated, or incomplete, we reserve the right to terminate your user profile and deny current or future access to any or all features.
We disclaim any responsibility for any loss or damage incurred by you or any third party due to unauthorized access and/or use of your profile, or for any other reason.
5. Subscription Policy
Certain features of the Service may be accessible through a subscription basis. You can obtain a subscription directly from the Company or through our Website by: a) paying a subscription fee in advance on a recurring interval disclosed to you before your purchase; or b) prepayment, granting you access to the Service for a specific time period.
To the fullest extent permitted by applicable laws, we retain the right to modify our fees at any time. We will provide you with reasonable notice of any such pricing changes by posting the new prices on or through our Website, and/or by sending you an email notification, or through other prominent means.
Should you prefer not to pay the new fees, you have the option to cancel the applicable subscription before the change takes effect or refrain from pre-paying for access to the Service. To avoid charges, it is necessary for you to actively cancel your subscription at least 24 hours before the current subscription period ends. You acknowledge that to prevent charges, you must explicitly cancel your subscription.
Upon signing up for certain subscriptions, you consent to the possibility of your subscription being automatically renewed. Unless you opt to cancel your subscription, you authorize us to charge you for the renewal term. The auto-renewal period will match your initial subscription period unless otherwise specified to you on the Website. The renewal fee rate will not surpass the rate for the immediately preceding subscription period, excluding any promotional or discount pricing, unless we notify you of a fee rate change before your auto-renewal.
The Services and your rights to utilize them terminate at the conclusion of the paid period of your subscription. In the event of failure to pay the fees or charges due, we may undertake reasonable efforts to notify you and address the issue; nevertheless, we retain the right to deactivate or terminate your access to the Services (and may do so without prior notice).
6. Payment Policy
Prices usually include delivery and handling charges and applicable taxes. If prices do not include such charges and taxes, we will communicate this to you before you place your order. We retain the right to adjust, suspend, or discontinue any Service at our discretion. We bear no responsibility for any losses or damages resulting from such alterations.
Payments must be executed through the designated payment methods available on the Website. By proceeding with a purchase, you affirm that you have the authority to utilize the chosen payment method. It is your responsibility to furnish accurate and comprehensive information necessary for the transaction, including billing address and payment particulars.
For secure and reliable transactions, we enlist trusted payment processors to oversee transactions on our Website. Upon making a purchase, you grant us permission to share requisite information with these third-party payment processors to facilitate the transaction. We neither retain nor have access to your complete payment details.
7. Refund Policy
Hereby you agree that purchase of any subscriptions as defined above shall be final and the Company will not refund any transaction once it has been made, and the purchase cannot be canceled. When you make the purchase at our Website, you acknowledge and agree that all purchases are non-refundable or exchangeable. However, the Company will provide refunds and/or purchase cancellations in cases and to the extent required by mandatory provisions of applicable law. The Company may also provide refunds at its discretion, subject to our policies that may be published from time to time.
By signing up for our Service, which is not a single item of digital content and is provided on a continuous basis (such as subscriptions to the Service), you expressly request and consent to an immediate supply of such Service. Therefore, if you exercise your right of withdrawal, we will deduct from your refund an amount that is proportionate to the Service provided before you communicated your withdrawal from the contract.
If you reside in the EEA, United Kingdom, or Switzerland, you retain the right to refunds within 14 calendar days without providing reasons. The withdrawal period commences from the date of entering into contract with us when purchasing any subscriptions available at our Website and lasts for 14 calendar days. Hereby you agree that if you exercise your right of withdrawal, we will deduct from your refund an amount that is proportionate to the Service provided before you communicated your withdrawal from the contract.
To request a refund, please contact us via email support@feastly.co, explaining the reason for your refund request. Please include your name, order number, reasons for refund and any relevant details. We will notify you of our decision regarding your refund request within 10 (ten) Business Days of your response to our final request. If approved, we will initiate the refund. Refunds will be issued via the same payment method used for the original purchase. Please allow 15 (fifteen) Business Days for the refund to process. Please note that this period may be extended to 1 month depending on your payment provider.
8. Intelectual Property
All information, data, text, graphics, images, software, code, metadata, links, audio and video files, online tools, and all other Content comprising the Website are the exclusive property of the Company or its licencors, unless explicitly stated otherwise. The Content is safeguarded by copyright laws and other applicable regulations.
Certain names, graphics, logos, icons, designs, words, titles, or phrases showcased on this Website may also be considered trade names, trademarks, or service marks registered elsewhere. The presence of these trademarks on the Website does not imply any authorization for their use has been extended to you. Any unauthorized utilization, reproduction, or alteration of trademarks and/or any of the Content contained herein may constitute a violation of applicable laws, as well as trademark and/or copyright statutes, and may result in legal repercussions.
9. Restricted Use
Company maintains the right to suspend or prohibit your access to the Services at any time and for any reason. Your usage of the Website and its Content is restricted to lawful purposes and adherence to the stated Terms. You are prohibited from using the Services to develop or offer competitive products or services. Additionally, reverse engineering of the Services is strictly prohibited. Reselling or redistributing the Services is also forbidden. Only one user is permitted to use the Services per registered account, and each user may only have one account.
Usage of the Service to infringe upon the intellectual property rights of others, including copyright, patent, or trademark rights, is not allowed. Violation of this provision may result in penalties, including legal action or a permanent ban from the Service.
We retain the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate. This may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, as well as disclosing any information necessary or appropriate to such persons or entities.
10. Indemnifications
By acessing to our Website you agree to defend, indemnify, and hold harmless the Company and any of its affiliates (if applicable) against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Content, your breach of these Terms, or your conduct or actions. You agree that the Company shall have the right to select its own legal counsel and may participate in its own defense if it wishes.
11. Disclaimer
THE INFORMATION AND ANY OTHER CONTENT AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS AVAILABLE ON IT. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR OWN DISCRETION.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE (AND OUR AFFILIATES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING ITS CONTENT), OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM THE USER'S RELIANCE ON ANY INFORMATION OBTAINED FROM THE COMPANY, AS WELL AS DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. SUCH DAMAGES MAY OCCUR IRRESPECTIVE OF WHETHER THEY RESULT FROM ACTS OF GOD, COMMUNICATION FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, PLATFORMS, OR SERVICES.
YOUR ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE CONTENT, AND USER CONTENT), AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
REGARDLESS OF ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT, SERVICE, OR PRODUCTS, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
13. Modifications and Amendments
The Company retains the right to occasionally modify, suspend, or cease this Website, Services and/or its Content without prior notice, at its sole discretion. It is your responsibility to regularly review these Terms. Your continued use of or access to our Website following any changes to these Terms indicates your acceptance of those changes. If you disagree with any provision of the Terms or become dissatisfied with the Website in any manner, your only recourse is to promptly discontinue use of the Website.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of Czech Republic, and any disputes will be subject to the laws of Czech Republic. Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
If you are residing in EEA or Switzerland the online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Company and the user arising from these Terms.
15. No Waiver
If we fail to enforce any provision of these Terms, such failure shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.
16. No Partnership
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your access to and use of the Website.
17. Entire Agreement
These Terms constitute the entire agreement between you and us, representing the complete and entire understanding of the parties regarding the subject matter of this agreement. This agreement supersedes any other agreement or understanding between the parties, whether written or oral.
18. Severability
In the event that any term or provision of this agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this agreement shall remain in full force and effect.
19. Survival
You agree that the provisions in sections 8, 9, 10, 11, 12, 14 herein shall survive
for 10 (ten) years after any termination of your profile at our Website, agreements between us, or your access to the Services.
20. Contact Us
Should you have any questions or concerns about these Terms, please contact us at hello@feastly.co.
Last updated: 26, June 2024