Terms of Service

CyberDynamite, LLC  

PrepWizard® 

TERMS OF USE

The PrepWizard® app (the “App”) and any and all related products or services are exclusively licensed and operated by CyberDynamite, LLC, a Tennessee limited liability corporation (“our”, “us”, “we”).  We are the developers of the App. The App is designed to help you manage the food in your restaurant, increase your restaurant’s efficiency, and save you money by reducing the amount of food you waste. These Terms of Use outline our agreement with you and the user or any third party based on you or the user’s use of the App, or our products or services. You and all users of the PrepWizard App and any and all related products or services, including food labels or information on said labels, affirm that you have fully read and understand these Terms of Use and agree to these terms and conditions. Sometimes additional terms or product requirements may apply and they will become part of your agreement with us if you use our App, products or services or the products of a third party that we make available to you.

We collect Personal Information and Use Cookies as outlined in our Privacy Policy.  

Please find our Privacy Policy here.   [add hyperlink]

Do not submit confidential, proprietary, or personal information to us via email.

Scope of License

We grant you a limited revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable, license to use the App.  Users are subject to the use of the App on any iOS products or Android Products that the end user owns or controls and as permitted by the usage rules set forth in the App Store or Good Play Terms of Service.

You and all users are responsible for removing and uninstalling the App and must immediately cease downloading the App or communicating with or using the App if you do not agree to these Terms of Use.

 

Use of the App, Products, and Services at Your Own Risk/Disclaimers

 

Your access to and use of our website(s), any content on our website(s) the App, any product, or Services used by any user or available to any user, is at you or any users own risk, INCLUDING WITH REGARD TO THE PERFORMANCE OF THE APP, OR PRODUCTS, OR SERVICES, AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.  ANY RELIANCE ON THE WEBSITES, APP, PRODUCTS, OR THE SERVICES IS AT YOUR OWN RISK, AND WE DO NOT AND SHALL NOT ACCEPT ANY LIABILITY FOR THE WEBSITE, APP, PRODUCTS, OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MISTAKES OR INACCURACIES IN OR MADE AVAILABLE THROUGH THE WEBSITE, APP, PRODUCTS OR SERVICES WE OFFER OR OFFERED FROM ANY THIRD PARTY. WHERE PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES. WE SHALL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOU OR USERS, OR THIRD PARTIES CLAIMING THROUGH YOU OR USERS, FROM LOSS OF DATA OR ANY OTHER HARM TO YOU OR TO ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY BODILY HARM THAT MAY RESULT FROM YOUR ACCESS TO THE WEBSITE, APP, PRODUCTS, OR SERVICES, LOSS OF LABEL INFORMATION, INACCURATE LABEL INFORMATION, OR ANY INFORMATION OR RELIANCE ON ANY INFORMATION WITH RESPECT TO ANY FOOD PRODUCTS. WHEN PERMITTED BY LAW, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, SHALL NOT BE LIABLE FOR LOST PROFITS, REVENUES, OR DATE, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.  OUR TOTAL LIABILITY, COLLECTIVELY, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APP, PRODUCTS, AND/OR SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE PRODUCTS OR SERVICES AGAIN).

 

Use of Our Products or Services on Behalf of a Third Party

 

If you use our App, products or services on a behalf of a third party, that user is bound by these Terms of Use.

 

Modification of App, Products or Services

 

We reserve the right, at any time, to modify, suspend, or discontinue the App or any products or services related to the App or use of the App, including our websites or relationships with third parties, with or without notice to you or any user. We and any third party may remove content available related to the App, products, including labels, in whole or in part, or we may modify or remove any content or options from the App, or the products, including labels, or services we make available to you without notice to you. You agree we are not liable for any such modification, suspension, discontinuance or removal. 

 

Intellectual Property Rights

 

You acknowledge that all intellectual property rights in and to the App belong to us or our licensees, and the rights granted herein are not sold to you and you have no rights to, or in the App or its content other than the right to use the App in accordance with these Terms of Use. All trademarks, service marks, trade names, slogans, and logos are the exclusively property of CyberDynamite, LLC.  You acknowledge you do not have the right to access to the App in source code form.

 

Our Distributors, App Stores, Third Parties

You acknowledge and agree that the availability of the App may be dependent on its availability through the store from which you received the App, e.g., the Apple App Store, Google Play, and/or other app stores (“App Stores”). You acknowledge that this Agreement is between you and us and not with the App Stores. We, not the App Stores, are solely responsible for the App, and any and all related products and services, including the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of this Agreement and will have the right to enforce this Agreement.

 

Third Party Sites & Ads

App related websites, products, or services may contain links to third party sites and advertisements for third parties (“Third Party Sites & Ads”).  We have designed the PrepWizard system for use with most iPhone or Android phones or devices, such as the following:

PrepWizard App supports Apple devices for IOS 10 and greater. Certain older devices are NOT supported, such as the iPhone 4s, iPad 2, iPad (3rd generation), and iPad Mini (1st generation).

PrepWizard App supports Android devices for 8.1.0 and greater.

PrepWizard App supports Chromebooks.

Such Third Party Sites & Ads are not under our control and we are not responsible for any Third Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. Advertisements and other information provided by Third Party Sites & Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Sites & Ads that are found on or through the Site, App or Services, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

 

Release

 

You hereby release us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other product or service users, or any Third Party Sites & Ads.

 

If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

Payment Terms/Fees for the App, Products, or Services

 

We may suspend or terminate the App, or any or all products, or services provided to you if you are delinquent in any payment or other financial obligation to us.  You are solely responsible for ensuring we have accurate billing information for you or your users of our App, or related products, or services.

 

Mobile App

 

You acknowledge that the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App or our website(s) for the purpose of purchasing products or services. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider. 

 

Term and Termination

 

If you violate any of these Terms of Use, your permission to use our website(s), the App, and any related product or service will automatically terminate, at our option.  We reserve the right to revoke your access to and use of the website(s), the App, and any related product or service at any time, with or without cause.

 

If you have any question regarding our Terms of Use or Privacy Policy, we would be glad to 

hear from you at support@prep-wizard.com.