Privacy Policy

Tastewise privacy statement and policy

Tastewise respects your privacy and is committed to protect the personal information that you share with us. Generally, you can browse through our website without giving us any information about yourself, except for the specific purposes set forth below and subject to our cookies policy. When we do need your personal information to provide services that you request, such as registering for an account on our platform, or when you choose to provide us with your personal information, for example when you decide to contact us for additional information or subscribe to our newsletter, this policy describes how we collect and use your personal information. This statement also applies to individuals on which Tastewise processes publicly available data.

Information Collection

Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information, title, birth date, gender, occupation, industry, personal interests, other information when needed to provide a service you requested.

De-identified Publicly Available Data

Tastewise’s technology, its services and products are not based on the processing of personally identifiable information and do not include the disclosure of personal data of individuals. The Tastewise technology focuses on aggregate analysis of statistical information for identifying trends and general public interests, and provide corresponding analyses and reports regarding specific market segments.

To perform such analyses, Tastewise relies on publicly available data from several open access web sources and platforms (“Publicly Available Data”). While many of such data do not fall under the definition of personal data, there may be incidents in which the entire data file cached and processed by Tastewise include incidental data that could be considered personal data. With respect to such data, that may include platform or user-generated username, as well as certain identifying or non-identifying biographical information included as free text in the data files cached, Tastewise employs anonymization techniques in an attempt to ensure that such data is processed by Tastewise in a de-identified manner.

For example, any platform or user-generated identifier, such as username, is either excluded automatically from the data file or completely separated from the rest of the data included in the data file, hashed via a hash algorithm, and kept separately by an external service. Such separation of hashed user data is only stored and maintained as a control group for further data processing for statistical purposes and for ensuring that the data metrics employed by Tastewise remain accurate and reliable. With respect to other data included in free text form in the processed data files, Tastewise employs hashing, distortion or fuzzing techniques such that the free text, which may include incidental Personal Data, cannot be reasonably re-identified an correspondent with the original identifiable data. While it is Tastewise’s position that such measures lead to anonymized data that is not subject to the GDPR, for purposes of additional care, Tastewise will employ necessary measures to ensure that the processing of such Publicly Available Data complies with the provisions of the GDPR if it is deemed to be considered personal data, as set forth in this statement.

Influencer Information and Business Information

In certain instances, when the processing of Publicly Available Data on an aggregate and statistical basis, yields that certain individuals are acting, de facto, as a business or for commercial purposes, Tastewise may process such personal data for the purpose of signaling, through its system and services, to its customers that these individuals are active in a business capacity in a specific context (“Influencer Data”). In addition, Publicly Available Data may include business information such as business affiliation and business contacts, published on platforms designated to communicate such information to the public, which may be retained and processed by Tastewise to provide its customers with business insights relevant to their business interests (“Business Data”).

Anonymized and Statistical Information

When you browse our website, you do so anonymously, unless you have previously indicated that you wish Tastewise to remember your details. We don’t automatically collect personal information, including your email address. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our website you visit and how long you spend there, but we do not link your IP address to any personal information unless you have logged in to our website. Like many other commercial websites, we may use a standard technology called a ‘cookie’ to collect information about how you use the site, subject to our cookie policy.

Information for Obtaining our Services

Since our website allows you to directly register for an account on the Tastewise platform, you will be required to provide the necessary personal data for us to provide you with the requested services. This may include your name, your position, company name, phone number, email address, place of residence, and any other information required in the context of your order of products and services.

Information for Customer Support and Inquiries

For customer support, we collect and store personal information, such as name, email address, contact information, account history and additional information required to provide support, when you log a customer support inquiry. For general inquiries or requests with respect to our products or services or when you contact us for the purpose of purchasing products and services, we will use such information to contact you only for the purposes for which you sent the inquiry.

Legal Basis for Processing

Our collection and processing of personal information is based on the following:

a) Personal data can be processed if it is necessary for a strictly legitimate interest of Tastewise. Legitimate interests are generally of a legal or commercial nature and refer to instances in which Tastewise has a vital interest that could not be achieved other than by using personal data (e.g., conducting aggregate analyses for business and commercial purposes, using Publicly Available Data, performing statistical analyses, initiating legal proceedings, security reasons). In the context of processing Publicly Available Data, it is Tastewise’s legitimate interest to process such data for statistical purposes that support and inform its trend and volume analysis services and products, given that such Publicly Available Data is processed in accordance with the provisions of Article 89 of the GDPR and as set forth in this statement, as well as to process publicly available business data from platforms designated to signal and communicate business information to the public. The foregoing is also in line with the Article 29 Working Party Opinion 06/2014 on the notion of legitimate interests of the data controller under Article 7 of Directive 95/46/EC, which explicitly articulates that processing for statistical purposes, including in commercial context, would be considered legitimate interest of the controller. It is Tastewise’s position that, in line with the abovementioned Opinion, the legitimate interest in processing such Publicly Available Data is not overridden by the rights of the data subject, mainly due to the fact that the processing of such Publicly Available Data is trivial and that Influencer Data, which is publicly available, trivial and published by the individual in a business context, and both do not involve automated decision-making, including profiling, and does not pose significant risk to the rights and freedoms of the data subjects. This is also supported by the fact that such Publicly Available Data, Influencer Data and Business Data are, evidently, made publicly available by the data subjects themselves and is available for review by any internet user. Therefore, subject to the safeguards applied to such Publicly Available Data, Tastewise bases its use of such Publicly Available Data, to the extent that the underlying datasets include any Personal Data, on its Legitimate Interest. In addition, to the extent that we use the personal information to improve this website or for analysing statistics, the basis for collection of data is our legitimate interest to conduct such improvements and analysis.

b) Our need to carry out the above processing of information, specifically for the purpose of processing your purchases of products and services or for the purpose of customer support and inquiries, which is in anticipation of entering into commercial engagements or as part of the performance of existing engagements with you or the organization you work for.

c) To the extent that we use the personal information for advertising or promotional activities, we will request your specific, freely-given, unbundled, informed and separate consent to such uses.

Information Sharing and Disclosure

Because Tastewise is a global company, your personal information may be shared with other Tastewise offices or subsidiaries around the world. All such entities are governed by this Privacy Policy or are bound by the appropriate confidentiality and data transfer agreements.

Tastewise may send your personal information to other companies or people under any of the following circumstances: when we have your consent to share the information; we need to share your information to provide the product or service you have requested as part of our contractual relationship; we need to send the information to companies who work on behalf of Tastewise to provide a product or service you have requested as part of our contractual relationship (we will only provide those companies the information they need to deliver the product or service, and they are prohibited from using that information for any other purpose); in the event of sale or transfer of all or substantially all of Tastewise or any Tastewise affiliate’s shares or assets, in cases of mergers or in case of negotiations with respect to the foregoing; where needed for corporate audits or to investigate or respond to a complaint or security threat, to prevent illegal uses of our service, to defend ourselves against third party claims and assist in fraud prevention or investigation; or we want to keep you up to date on the latest product announcements, software updates, special offers or other information we think you’d like to hear about either from us or from our business partners (unless you have opted out of these types of communications), only if you gave your explicit, free and informed consent to such processing activities, as detailed above. We will also disclose your personal information if required to do so by law, or in urgent circumstances, to protect personal safety, the public or our website.

For the above purposes, personal information may be transferred to recipients in countries around the world (which may be located outside the EU/EEA, European Economic Area) which in some cases may have a lower level of protection than that within the EU/EEA. When transferring personal data to countries outside the EU/EEA, to jurisdictions that did not receive an adequacy decision by the European Commission, we use standard contractual clauses approved by the European Commission to ensure a sufficient level of protection for your personal information. The standard contractual clauses can be found via the following link: https://commission.europa.eu/publications/standard-contractual-clauses-international-transfers_en http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm.

Other than as described above, any other transfer of your personal information to third parties will be subject to your consent.

Data Retention

Tastewise stores the personal information as long as it is necessary to fulfil the purpose for which the data has been collected. This means that Tastewise deletes your personal information when such information is no longer necessary. Statistics which has been anonymised may be saved thereafter. Publicly Available Data processed by Tastewise for statistical purposes, shall be retained, either in cache or storage, for fulfilling the statistical purpose of validating the datasets and updating the statistical results based thereon, as prescribed under Recital 65 and Article 17 paragraph 3(d) of the GDPR.

Data Subject Rights

You may at any time request the rectification or erasure of your personal information. Please note however that deletion could mean that Tastewise cannot process your requests or provide you any requested services. Furthermore, with respect to Publicly Available Data processed for statistical purposes, and as prescribed under Recital 65 and Article 17 paragraph 3(d) of the GDPR, Tastewise will not be able to accommodate erasure requests, due to the nature of processing as well as due to the de-identification measures taken by it which may prevent the ability to identify any personal data relating to the requesting Data Subject. You have the right to request a copy of your personal information from our record. With respect to Publicly Available Data processed for statistical purposes, Tastewise may deny such access request due to its inability to relate any personal data to the requesting data subject given the de-identification measures taken. You have the right to request a limitation of the use of your personal information (for example if you deem the information to be incorrect) or the termination of use of your personal information (for example as regards the use of the information to improve our services).

Data Security

Tastewise safeguards the security of the data you send us with physical, electronic, and managerial procedures, taking into consideration the state of the art technology, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of processing your personal information. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet.

Third Party Sites

Our website may contain links to websites operated by other companies. Tastewise does not share your personal information with those websites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies. Some of these third-party sites may have permission to include the Tastewise logo, even though they are not operated or maintained by Tastewise. Although we choose our business partners carefully, Tastewise is not responsible for the privacy practices of websites operated by third parties that are linked to our site. Once you have left our website, you should check the applicable privacy policy of the third party website to determine how they will handle any information they collect from you.

Changes to this Privacy Policy

Tastewise may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site.

Privacy Inquiries

Tastewise is responsible for the processing of your personal information, and requests to exercise your rights as stated above shall be addressed to legal@tastewise.io.

If you are a resident of the EU/EEA, and have a complaint regarding the processing of your personal data by Tastewise you are entitled to report such dissatisfaction to the applicable supervisory authority in your country of residence.  

Cookie Policy

A cookie is a piece of information that is placed automatically on your computer’s hard drive when you access certain Websites. The cookie uniquely identifies your browser to the server. Cookies allow us to store information on the server to help make the Web experience better for you and to conduct site analysis and Website performance reviews.

Web Beacons and Pixel Tags

On certain webpages or e-mails, Tastewise may utilize a common internet technology called a “Web beacon” (also known as a “pixel tag” or “clear GIF technology”). Web beacons help analyze the effectiveness of Websites by measuring, for example, the number of visitors to a site or how many visitors clicked on key elements of a site. Web beacons, cookies, and other tracking technologies do not automatically obtain personally identifiable information about you. Only if you voluntarily submit personally identifiable information, such as by registering or sending e-mails, can these automatic tracking technologies be used to provide further information about your use of the website and/or interactive e-mails to improve their usefulness to you.

There are generally three categories of cookies used on our website:

Functional: These cookies are required for basic site functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our website within a single session or, if you request, from session to session. They help make the checkout process possible as well as assist in security issues and conforming to regulations.

Performance: These cookies allow us to improve our website’s functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember site preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow site performance. Statistics and analytics: These cookies allow us to identify usage trends of our website on an aggregated and statistical basis, for the purpose of improving the website and our services. Refusing these cookies will not affect the user experience of the website.

Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our website through social media. Advertising cookies (of third parties) collect information to help better tailor advertising to your interests, both within and beyond our website. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.

You can always change your preference by visiting the “Cookie Settings” at the bottom of each page of our website. We use the following cookies for various purposes, such as the improvement of our website, its performance, statistical analysis, your browsing experience and for promotional and marketing purposes: 

HubSpot – hubspot.com – Remarketing by email – https:/legal.hubspot.com/cookie-policy 

Google Analytic – developers.google.com/analytics Website’s statistical analysis – https:/policies.google.com/technologies/partner-sites 

Facebook – facebook.com – Remarketing by social media – https:/www.facebook.com/policy/cookies/ 

Hotjar – hotjar.com – Website’s statistical analysis and browsing experience – https:/www.hotjar.com/legal/policies/privacy/ 

If you do not wish to accept cookies you can change your web browser’s settings to automatically deny the storage of cookies or to inform you when a website wants to store cookies on your computer. Previously stored cookies can also be deleted through the web browser. More information can be found through your web browser’s support pages. Please note that certain areas and functions on this website require cookies and may not function if cookies are deleted or declined. For more information regarding the cookies used on this website please contact us via email at info@tastewise.io

Tastewise California Privacy Policy

This California Privacy Notice (the “California Privacy Policy”) supplements any information contained in Tastewise’s Privacy Policy and applies solely to visitors, users, and others who reside in the State of California and with respect to which Tastewise collects, uses or otherwise processes personal data. To the extent any provision in this California Privacy Policy conflicts with a provision of the Tastewise’s Privacy Policy, the California Privacy Policy shall govern with respect to visitors, users, and others who reside in the State of California.

Who is Responsible for the Processing of Your Personal Data?

The entity responsible for the processing of your personal data is Tastewise Technologies Ltd., referred to as “TASTEWISE”, “our”, “we” or “us” in this privacy policy.

The Information we Collect

Personal information includes anything that identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household but excluding any publicly available information lawfully made available from government records, deidentified or aggregated consumer information, or information excluded from the California Consumer Privacy Act (the “CCPA“). We collect from data subjects to whom this California Privacy Policy applies the following categories of information:

1) De-identified Publicly Available Data: Tastewise’s technology, its services and products are not based on the processing of personally identifiable information but focuses on aggregate analysis of statistical information for identifying trends and general public interests and provide corresponding analyses and reports regarding specific market segment. To perform such analyses, Tastewise relies on publicly available data from several open access web sources and platforms (“Publicly Available Data”). While many of such data do not fall under the definition of personal data, there may be incidents in which the entire data file cached and processed by Tastewise include incidental data that could be considered personal data. With respect to such data, that may include platform or user generated username, as well as certain identifying or non-identifying biographical information included as free text in the data files cached, Tastewise employs anonymization techniques in an attempt to ensure that such data is processed by Tastewise in a de-identified manner. While it is Tastewise’s position that such measures lead to anonymized data that is not subject to the CCPA, for purposes of additional care, Tastewise will employ necessary measures to ensure that the processing of such Publicly Available Data complies with the provisions of the CCPA if it is deemed to be considered personal data, as set forth in this statement.

2) In certain instances, when the processing of Publicly Available Data on an aggregate and statistical basis, yields that certain individuals are acting, de facto, as a business or for commercial purposes, Tastewise may process such personal data for the purpose of signaling, through its system and services, to its customers that these individuals are active in a business capacity in a specific context (“Influencer Data”).

3) With respect to our customers, identifiers information: for example, real name, alias, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers. 

4) Selected Information in Customer Records: for example, name, signature, address, telephone number, or any other financial information.

65) Internet or Network Activity: for example, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement. However, we hereby clarify that when you browse our website, you do so anonymously, unless you have previously indicated that you wish Tastewise to remember your details. We don’t automatically collect personal information, including your email address. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our website you visit and how long you spend there, but we do not link your IP address to any personal information unless you have logged in to our website. Like many other commercial websites, we may use a standard technology called a ‘cookie’ to collect information about how you use the site, subject to our cookie policy.

76) Geolocation information.

87) Employment Information.

98) Information collected by the inferences of the Personal Information described herein and used to create a profile about a consumer reflecting a consumer’s preferences, characteristics, and trends.

The Purpose of the Collection and Disclosure of Personal Information

3.1 Information for Customer Support and Inquiries

We may use or disclose Personal Information when you submit inquiries or requests with respect to our services, or when you contact us for the purpose of purchasing our services. We will use such or disclose such information to contact you for the purposes for which you sent the inquiry.

3.2 Information for Marketing and Promotional Purposes

We may also use or disclose the above mentioned Personal Information, for the purpose of sending you information on promotional materials, direct mailing and targeted advertising on products that we believe you may be interested in.

3.3 Information for the maintenance and Improvement of our Website and Services

We may also use or disclose the above mentioned personal information when you send us inquiries regarding our products or when you browse the website, to administrate and improve this website or our products and services, for our internal records and for statistical analysis.

3.4 Information for legal purposes or in urgent circumstances

We may use or disclose the above-mentioned personal information, in order to respond to law enforcement requests and as required by applicable law, court order, or government regulations. In addition, we may also use or disclose your personal information if required to do so in order to protect personal safety, the public or our website.

3.5 Information for the purposes we inform you of

We may use or disclose Personal Information for any other purpose we inform you of when collecting such information.

3.6 Information in the event of an M&A

We may disclose personal information in the event of sale or transfer of all or substantially all of Tastewise or any Tastewise affiliate’s shares or assets, in cases of mergers or in case of negotiations with respect to the foregoing.

3.7 Information for the purpose of conducting audits

We may use or disclose personal information where needed for corporate audits or to investigate or respond to a complaint or security threat, to prevent illegal uses of our services, to defend ourselves against third party claims and assist in fraud prevention or investigation.

The Purpose of the Collection and Disclosure of Personal InformationSale or Share of Personal Information

Tastewise does not and will not “sell” or “share” your Personal Information for the intentions and purposes of the CCPA or CPRA nor disclose personal information that we control to any third party for their direct marketing purposes.

The Personal Information we have Collected, and Disclosed for a Business Purpose in the last 12 months

Tastewise has collected, and disclosed for a business and/or commercial purpose the following categories of information within the last 12 months:

1) De-identified Publicly Available Data: as aforesaid, Tastewise’s technology focuses on aggregate analysis of statistical information performed by relying on Publicly Available Data from several open access web sources and platforms.

2) Identifiers information: for example, real name, alias, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.

3) Selected Information in Customer Records: for example, name, telephone number, or any other financial information.

4) Commercial Purchasing Information: for example, records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

5) Internet or Network Activity: for example, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.

6) Employment Information.

7) Information collected by the inferences of the Personal Information described herein and used to create a profile about a consumer reflecting a consumer’s preferences, characteristics, and trends.

The Personal Information we have sold or shared in the last 12 months:

We did not “sell” or “share” any personal information for the intentions and purposes of the CCPA or CPRA within the last 12 months.

Categories of third parties to whom your Personal Information was disclosed within the past 12 months:

Within the past 12 months, we have disclosed to the following third parties your personal information:

1) Affiliates;

2) Service providers;

3) Third parties to which you authorized us to disclose personal information in connection with products or services provided to you.

Categories of Sources from which the Personal Information is Collected

We have obtained the categories of personal information listed above from the following categories of sources:

1) Directly from you, the consumer;

2) Indirectly from third parties and service providers, including partners and affiliates;

3) Directly and indirectly from our website;

4) Directly from open access web sources and platforms, to the extent that the data collected as aforesaid is deemed as personal information under the CCPA.

Data Retention

Tastewise stores the personal information as long as it is necessary to fulfil the purpose for which the data has been collected. This means that Tastewise deletes your personal information when such information is no longer necessary. Statistics which has been anonymised may be saved thereafter. Publicly Available Data processed by Tastewise for statistical purposes, shall be retained, either in cache or storage, for fulfilling the statistical purpose of validating the datasets and updating the statistical results based thereon.

Rights of California Residents

You have the right to ask us to disclose to you certain information regarding our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (as described below), we will disclose to you:

1) The categories of personal information we sold about you;

2) The categories of personal information we disclosed about you;

3) The categories of sources for the personal information we collected about you;

4) Our business or commercial purpose for collecting or selling that personal information ;

5) The categories of third parties with whom we shared that personal information;

6) The specific pieces of personal information we collected about you; and/or

7) If we sold or disclosed your personal information for a “business or commercial purpose”, as defined in the CCPA, lists of sales, identifying the categories of personal information that each category of recipient purchased or obtained.

9.2 Right to Request Correction or Deletion of Personal Information

You have the right to request that we delete any of your personal information that we collected from you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (as described below), we will delete, and direct our service providers to delete, your personal information from our records, unless an exception applies.We may deny your request to delete your personal information if retaining the information is necessary for us or our service providers to:

1) Complete the transaction for which we collected the personal information, fulfill the terms of a written warranty or product recall in accordance with federal law, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract with you;

2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

3) Debug or identify and repair errors that impair existing intended functionality;

4) Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law;

5) Comply with the California Electronic Communications Privacy Act;

6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research if you have provided informed consent;

7) Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

8) Comply with a legal obligation; and/or

9) Make other internal and lawful uses of the personal information that are compatible with the context in which you provided such information.

In addition, you have the right to request that we rectify inaccurate information about you.

9.3 Verifiable Consumer Request

In order to exercise your right to access or delete personal information, please submit a verifiable consumer request to us by:

Emailing us at: info@tastewise.io

Only you, or if you are a minor your legal tutor, or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You or your authorized agent may only make a verifiable consumer request for access or data portability twice every 12 months.

Your verifiable consumer request must include sufficient information in order to enable us:

1) to reasonably verify you are the person about whom we collected personal information or an authorized representative;

2) to properly understand, evaluate, and respond to your request. We will not provide you with any information pursuant to your request if we cannot verify that you are the individual from whom we collected personal information, or that you are authorized by the consumer to act on its behalf. Making a verifiable consumer request does not require you to create an account with us. 

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will disclose and deliver to you the required information free of charge within 45 days of receiving your verifiable consumer request. Such period may be extended by an additional 45 days when reasonably necessary, provided that in such case, we will provide you with a notice of such extension within the first 45-day period. The disclosure will cover the 12-month period preceding the receipt of the verifiable consumer request and will be in writing. Such disclosure will be delivered through your Tastewise’s account if you have one, or by mail or electronically at your option if you do not have an Tastewise’s account in a readily useable format.

9.4 Right to Non-Discrimination

We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:

1) Deny you goods or services;

2) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;

3) Provide you a different level or quality of goods or services;

4) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

California Shine the Light Law

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact Customer Service.

Updated Jan 8, 2024

Terms of service

Welcome to Tastewise

Please read and accept this User Agreement (the “Agreement”) before creating an account in Our Website and/or using Our Platform or Website (as defined below), as they constitute a legally binding Agreement between You (as defined below) and Tastewise Technologies Ltd. and any of its subsidiaries (“Tastewise” or the “Company“) and govern Your use of Our services, applications, or websites (collectively: the “Service” and “Our“, “Us” or “We“ respectively). By creating an account in the Website (as defined below), You are accepting this Agreement on behalf of Your company or any other organization that You may be part of, and You fully represent and warrant that You have been granted with the full authority to bind Your company or organization and its Authorized Users (“You”) to this Agreement. All capitalized terms used herein shall have the meanings given for such terms herein.

1. The Services.

1.1. The Platform. Tastewise is the owner or licensee of the Tastewise platform, an AI driven data platform, designed and intended for businesses, that helps You with Your product innovation, by reflecting consumer insights based on menu and social data, part of which is subject to an annual payment (the “Platform”).

1.2. The Website. Tastewise’s Website (https://tastewise.io) provides You with information about the Company and its Service, and enables You to purchase subscription to the Service (“Website”). Based upon the purchase You have made, We will grant You access to the Service or certain parts of it. Your users’ access to the Service is limited and shall be made for personal use alone, all as described under this Agreement and subject to Your compliance with applicable law.

1.3. Tastewise will provide the Service, and You may access and use the Service, in accordance with this Agreement. If You order the Service through an online registration page or an order form (each an “Order Form”), such Order Form may contain additional terms and conditions and information regarding the Service You are ordering.

2. Platform Subscription.

Subject to Your compliance with this Agreement, solely during the Term (as defined below) and upon receipt of signature on contract or Order Form, You and Your Authorized Users (as defined below) will be granted with a non-exclusive, non- transferable, revocable and limited license to use the Platform for an agreed upon number of users and features for a designated period (“Subscription”). No other use of the Platform not specified in this Agreement and/or in the Subscription, including use by any other employees, agents, contractors, consultants, representatives, personnel or other parties or individuals of or on behalf of You shall be permitted. You shall ensure that each Authorized User is bound by and complies with all of the applicable provisions of this Agreement. You will remain liable at all times for (i) all obligations hereunder arising in connection with Your or any Authorized User’s use or access of the Platform or any other Intellectual Property Right (as defined below) or exercise of any rights under this Agreement; (ii) any act or omission by You or by any Authorized User which, if performed or omitted by You, would be a breach of this Agreement; and (iii) any damages, costs, expenses or other liabilities caused by You or such Authorized User.

“Authorized Users” means Your authorized employees or contractors to use the Platform, upon Company’s approval, which number is as set forth in each applicable Order Form.

3. Use of the Service.

3.1. The Service may only be used in compliance with all applicable laws and for legitimate purposes. As part of the Subscription, You may use the Service only for Your own non- commercial purposes and for no other purpose, except as expressly permitted in this Agreement.

3.1.1. Specifically, You may not, and shall not allow any third party to use the Service, Platform or Website in the following manners: (i) in any unlawful manner or for any improper, defamatory, offensive, obscene or otherwise objectionable purpose, or in breach of this Agreement; (ii) in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) in a manner that is misrepresentative or misleading as to Your identity or which in any way suggests that You are sponsored, affiliated or connected with Tastewise, including but not limited to give, sell, rent, lease, sublicense, disclose, publish, assign, market, sell, transfer or distribute any portion of the Platform and/or Service to any third party; (iv) in any manner which may damage Tastewise or its reputation, including present or share the data or information received through the Platform without Tastewise’s prior consent; (v) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the Service or any part thereof; (vi) interfere with the Service in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users, including any action that may impose an overload on the Platform; (vii) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Service, or seek to violate or circumvent any security measures employed to prevent or limit Your access to or use of the Service; (viii) introduce onto, or transmit via, the Service any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorization key, license control utility or software lock; (ix) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Service or pass off or attempt to pass off the Service as the product of anyone other than Tastewise; (x) use any automated computer program or application to scan, copy, index, sort or otherwise exploit Service; (xi) use the Platform or any other part of the Service thereof to develop, offer, operate, support or enable a competing service or product. Notwithstanding the aforesaid, You shall be entitled to share data resulting from Your use of the Services, all in accordance with the provisions of Section 16 below.

3.2. When You create an account with Us and in order to use the Platform, You must acknowledge and agree: (1) to provide Us information that is accurate, complete, and current at all times; (2) to keep and ensure that Your account information is kept secure at all times and to remain solely responsible and liable for any failure to keep Your account details secured. Failure to do the mentioned above constitutes a breach of the Agreement, which may result in immediate termination of Your account on Our Service. You acknowledge that any personally identifiable information which You submit to Our Service may be used aggregately for statistical purposes. If You become aware, or suspect for any reason, that the security of Your log-in details has been compromised, please let Us know as soon as You can.

3.3. The purchase of the Service or any other application available for purchase, and/or the use of the Website and/or the Platform are subject to a representation and/or warrant by You that You are at least 18 years old. If You are under 18 years old please do not visit, access or use the Website and/or the Platform. You confirm that You are competent to enter into these terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

3.4. If We believe, in Our sole and absolute discretion, that You are using the Platform in a manner that may cause harm to Us or any third party, or which is in breach of this Agreement, then We may, without derogating from the termination provisions set under Section 10 to this Agreement, suspend or terminate Your Account or Your access to and use of the Platform, or parts thereof.

3.5. We shall not be responsible for any degradation, downtime, or inoperability of the Platform if such is caused due to any of the following (“Exceptions”): (i) Your misuse of the Platform or in violation of the terms of the Agreement; (ii) failures of Your internet connectivity; (iii) Your failure to meet any minimum hardware or software requirements prescribed by Us from time to time; (iv) scheduled downtimes by Us (v) failure of the Platform due to unauthorized changes or modification or additions made by You in the existing interfaces with Services; or (vi) failure of the Platform or set off or configuration of the system due to failure or delays caused by third party providers.

4. Your Responsibilities.

4.1. You shall be responsible for all activity occurring under Your user accounts and shall abide by all applicable local, national and foreign laws, treaties and regulations in connection with Your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. Without derogating from the foregoing, You shall: (i) notify Us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Us immediately and use reasonable efforts to stop immediately any copying or distribution of the Services; and (iv) not impersonate or provide false identity information to gain access to or use the Services.

4.2. You acknowledge that in order to perform the Services, certain cooperation will be required from You, including with providing Us with support and assistance in various tasks including, but not limited to provide data, information and documentation of relevant software interfaces (to the extent needed).

5. Third Party Content and Software.

5.1. We use commercially reasonable efforts to maintain the highest Service availability. However, We cannot guarantee that the Service will operate in an uninterrupted or error-free manner. We perform Service maintenance and use commercially reasonable effort to schedule Our system down-time to off-peak hours and to avoid service interruptions and delays.

5.2. Our Service includes processing and presenting publicly available content that is not owned or controlled by Tastewise, including, among others, content which is presented “as-is”, derivatives and aggregated analysis of such content (collectively, “Third Party Content“). You agree that We are not responsible for any such Third Party Content, nor are We liable for any losses or damages arising from such content.

5.3. We do not warrant that the information available on Our Service is complete, reliable, and accurate, has no errors or is up to date. We have the right to edit and change some or all the content, in Our own sole judgment, without prior notice. Your use of the Service and its available content, or any part thereof, is made solely at Your own risk and responsibility.

5.4. You acknowledge and agree that Your use of Third Party Content is subject to this Agreement, privacy policies, practices, licenses and any other binding documents of the holders of the rights to the Third Party Content; We shall not be responsible or liable, directly or indirectly, for any breach, damage or losses incurred by any third party, arising from Your use of Third Party Content through the Service. We are not responsible for, and We disclaim any warranties regarding, accuracy, appropriateness, usefulness, safety to any Third Party Content, including, but not limited to links, text, data, images, videos, testimonials, advertisements, statements, advice, rating, content, services, products, offers, affiliate links or web pages. Should You leave Our Service with any of the links and Third Party Content offered on the Service, You do it at Your own risk and We shall not be liable or responsible as mentioned above.

5.5. The Service may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software“). You acknowledge and agree that Your right to use such Third Party Software as part of the Service is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this Agreement and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Service or components thereof be deemed to be “open source” or “publically available” software.

6. Intellectual Property Ownership.

6.1. We (and Our licensors, where applicable) shall exclusively own all right, title and interest, including all related Intellectual Property Rights (as defined below), in and to the Services and the Platform, any technology used to provide the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Services. This Agreement shall not constitute and is not a sale and does not convey to You any rights of ownership or any other right not explicitly granted under this Agreement in or related to the Services, the Platform, Our technology or the Intellectual Property Rights owned by Us other than the limited right to access and use the Services during the Term pursuant to the terms of this Agreement. Our name, logo, and the product names associated with the Services are trademarks of the Company or third parties, and no right is granted to use them.

“Intellectual Property Right” means any intellectual property right existing from time to time under any applicable law, state or local law, rule or regulation, including but not limited to any patent, patentable invention, patent application, all work of authorship, copyright, mask works, trademark, service mark, licenses, trade secrets, software, know how, documentation, drawings, schemes, ideas, designs, concepts, techniques, methodologies, processes, inventions, research and development, discoveries, publicity right, privacy right, moral rights or other property or proprietary right and any application, renewal, reexamination, reissues, extension, restoration, modification, updates, derivatives or variations of the foregoing, to the extent applicable.

7. Customer Data.

“Customer Data” means all information, including, data, text, strings, images, documents, materials, results, opinions and all other forms of data or information made available by the Customer and\or any of its Authorized Users for use in connection with the Services. Customer Data shall remain the sole property of the Customer. Customer hereby grants Tastewise during and after the term of this Agreement, a perpetual, irrevocable, transferrable, worldwide, royalty-free, fully paid-up, and non-exclusive license to use, copy, distribute, display, modify and create derivative works of Customer Data for internal business purposes only including product analytics, enhancement and improvement of the Services. Tastewise reserves the right to take appropriate action including, without limitation, removing, suspending or disabling access to the Services if Tastewise suspects and\or receives notice of an alleged infringement or violation of applicable laws arising out of or based upon Customer Data.

8. Privacy Policy.

8.1. You acknowledge and agree that We will use any personal information that We may collect or obtain in connection with the Service in accordance with Our Privacy Policy available at https://tastewise.io/privacy-policy (“Privacy Policy”).

8.2. Subject to Our Privacy Policy, We reserve the right to access, read, preserve, and disclose any information that We obtain in connection with the Service as We reasonably believe necessary to: (i) satisfy and/or required by any applicable law, regulation, legal process or the authorities (ii) enforce this Agreement (iii) detect, prevent, or otherwise address fraud or security (v) respond to any support requests, and/or (vi) protect the rights, property or safety of Tastewise and its users.

9. Subscription Fees and Payments; Order Forms.

9.1. In consideration for the right to use the Service under herein, You will pay subscription fees in the amount and payment terms under the applicable Order Form (the “Subscription Fees”). You agree that in the event You fail to timely pay the Subscription Fees, We may take all steps We deem necessary to collect such fees from You, including suspending and/or terminating Your Subscription and/or access to the Platform. You will be responsible for all costs and expenses incurred by Us in connection with such collection activity, including collection fees, court costs and attorneys’ fees.

9.2. All fees are net and exclusive of any taxes levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales tax, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. We are solely responsible for Our income tax. In the event that a sales tax is required to be added to the Subscription Fees, You shall bear and pay such tax and remain liable to Us for any sales and/or other tax that may be imposed on Us pursuant to this Agreement.

9.3. We reserve the right to modify the Subscription Fees for the Service under one or more Order Forms, effective upon commencement of the next renewal Term (as defined below) of the relevant Order Form(s), by notifying You of such change in writing at least 30 days before the end of the then-current subscription Term.

9.4. Unless stated otherwise in the applicable Order Form, Payments must be made in a single installment by wire or bank transfer, due within 30 days of invoice issuance.

9.5. In the event of any conflict between the payment terms here to the payment terms on Your Order Form and/or contract, the terms on Your order form and/or contract shall prevail.

9.6. We reserve the right to: (i) refuse or cancel Your payment at any time for reasons including, but not limited to, product or Service availability, errors in the description or price of the product or service or other reasons; (ii) refuse or cancel Your payment if fraud or an unauthorized or illegal transaction is suspected; (iii) update Our rates from time to time.

10. Term and Termination.

10.1. This Agreement will commence on the Effective Date and continue for a period of 12 months thereafter (the “Term”). The Term will automatically be renewed for successive one-year renewal terms from the end of the Term unless either party provides written notice to the other party of its intent not to renew no later than 30 days prior to the end of the Term.

10.2. Termination by Tastewise. Tastewise may terminate or suspend Your use of the Platform and/or Your access to the Service and/or Your account at any time and without prior written notice or liability, for any reason whatsoever, including without limitation if You breach this Agreement. Upon termination of this Agreement, You shall cease all use of the Tastewise Platform.

10.3. Upon termination of the Subscription, You shall cease all use of the Tastewise Platform and will lose all access to the Platform and/or to the Service. Your account and all licenses granted by Tastewise to You under this Agreement shall be terminated. We shall not be liable to You or to any third party for the termination of Your use of Our Platform or any access that You have been granted with. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Confidentiality.

11.1. In this Section “Disclosing Party” shall mean the party providing or allowing access to its Confidential Information (as defined below) and “Recipient” shall mean the party receiving or being granted access to the Disclosing Party’s Confidential Information.

11.2. Except as this Agreement expressly permits otherwise, Recipient shall not: (i) disclose, disseminate, communicate or provide access to any Confidential Information to any third party without the prior written consent of the Disclosing Party and further agrees to take reasonable precautions to prevent any unauthorized use, disclosure, publication or dissemination of Confidential Information; (ii) reverse engineer, decompile or disassemble any Confidential Information disclosed to it by the Disclosing Party; (iii) use Confidential Information for any purpose other than for performing such Party’s obligations hereunder or in a manner that is in contravention of the terms of this Agreement; or (iv) appropriate any Confidential Information to Recipient’s use or benefit or to the use or benefit of any third party.

11.3. Recipient shall safeguard the Disclosing Party’s Confidential Information with at least the same degree of care that it uses for Recipient’s own Confidential Information, but in any case using no less than a reasonable degree of care. Recipient may, without the prior written consent of the Disclosing Party, disclose Confidential Information to Authorized Users and any of Recipient’s employees, consultants and representatives with a need to know for the purposes of the use of the Services or for performance of Recipients’ obligations hereunder provided that the Recipient shall remain liable at all times for any acts and/or omissions of such Authorized Users, employees, consultants and representatives with respect to the Disclosing Party’s Confidential Information.

11.4. The above mentioned confidentiality obligations shall not apply to: any information which the Recipient shall demonstrate: (a) is now or becomes in the future through no act or failure to act on the part of the Recipient, in the public domain; (b) is authorized by the Disclosing Party in writing and in advance for disclosure; (c) is already in the possession of the Recipient at the time of disclosure by the Disclosing Party; (iv) is obtained by the Recipient from a third party without a breach of such third party’s obligations of confidentiality; (v) is developed by the Recipient without reference or use of the Confidential Information. Notwithstanding anything to the contrary herein, Confidential Information may be disclosed pursuant to order or requirement of a competent court, administrative agency or other governmental or regulatory body; provided, however, that to the extent permissible, the Recipient shall provide prompt written notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure and that the Recipient shall limit the disclosure to the minimum extent required in accordance with such order or requirement.

“Confidential Information” means all information and/or data of a non-public, proprietary, secret and/or confidential nature, whether written, oral or visual in any form or media, transmitted or disclosed or made available by the Disclosing Party to the Recipient (as such terms are defined below), which (a) if in tangible form, shall be marked or otherwise identified as being confidential, and (b) if disclosed orally, shall be identified as confidential at the time of disclosure or would reasonably be expected by a recipient to be confidential or proprietary based on the nature of such information and the circumstances in which such information was provided. Such Confidential Information shall be deemed to include, without limitation, all legal, technical, know-how, inventions, research and development, intellectual property, patent, copyright, business details and plans, financial operations, strategic plans and marketing information, names of contacts, customers and billing details, methods, ideas, concepts, algorithms, manufacturing processes, technical data or specifications, trade secrets, software, programs, software source documents and formulas related to the current, future and proposed products and services, operational matters, and other data and information, in any format, including, but not limited to, analysis, models, diagrams, interpretations and modeling exercises, reports, documents, memorandums, notes, and any copies thereof as well as any and information learned or developed by the Recipient based on confidential information of the Disclosing Party. Confidential Information shall also include this Agreement and the terms hereof, any third party confidential information.

12. No Warranties.

12.1. THE SERVICE, WEBSITE AND PLATFORM ARE PROVIDED ON AN “AS IS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY FOR ACCESSING AND USING THE SERVICE, WEBSITE AND PLATFORM. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TASTEWISE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF THIS PLATFORM, WEBSITE, SERVICES, RIGHTS OR OTHER SUBJECT NATTER OF THIS AGREEMENT.

12.2. THE DATA CONTAINED ON THE WEBSITE AND PLATFORM IS BASED ON INFORMATION OBTAINED BY TASTEWISE FROM THIRD PARTIES, INCLUDING ESTIMATIONS AND EXTRAPOLATIONS BASED ON SUCH DATA. TASTEWISE, ITS AFFILIATES AND THIRD PARTY PROVIDERS SHALL: (I) NOT BE HELD RESPONSIBLE OR LIABLE FOR THE ACCURACY OF THE PLATFORM DATA OR ANY OMISSIONS OF DATA IN OR FROM THE WEBSITE AND PLATFORM; AND (II) HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY BUSINESS CONDUCTED OR ANY OTHER ACTION OR INACTION BY YOU OR YOUR AFFILIATES, CUSTOMERS, PARTNERS OR PARTIES WITH WHOM YOU DO BUSINESS, WHETHER OR NOT BASED IN WHOLE OR IN PART ON THE WEBSITE OR PLATFORM OR ANY DATA ACCESSED THEREFROM BY YOU.

12.3. TASTEWISE DOES NOT WARRANT THAT THE WEBSITE AND PLATFORM OR THE ACCESS TO AND USE OF THE SUCH WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR PLATFORM IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.

12.4. NO WARRANTY IS GIVEN REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE PLATFORM WILL DETECT, BLOCK OR PREVENT VIRUSES, SPAM OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS.

12.5. YOU AGREE THAT TASTEWISE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS.

13. Limitation of Liability.

13.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR APPLICABLE LAW, EXCEPT (I) GROSS NEGLIGENCE; (II) WILFULL MISCONDUCT; (III) BREACH OF INTELLECTUAL PROPERTY OBLIGATION; (IV) BREACH OF CONFIDENTIALITY OBLIGATION, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST PROFITS OR BUSINESS INTERUPTION, LOSS OF DATA, GOOD WILL, OR BUSINESS OPPORTUNITY ARISING FROM OR RELATING TO THIS AGREEMENT, THE SUBJECT MATTER HEREOF THE SERVICES OR THE PLATFORM, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF INFORMATION OR DATA, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO TORT (INCLUDING NEGLIGENCE), CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2. IN NO EVENT SHALL OUR TOTAL, AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR IN ANY MANNER RELATING TO THIS AGREEMENT, NOTWITHSTANDING THE FORM IN WHICH ANY ACTION IS BROUGHT (IF ANY), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OF ANY KIND) OR OTHER THEORY OF LIABILITY OR OTHERWISE, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE FEES ACTUALLY PAID BY YOU TO US UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LIABILITY FIRST AROSE.

13.3. IN NO EVENT WILL ANY ACTION BE BROUGHT AGAINST US MORE THAN 12 MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED.

13.4. THE PARTIES UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LOCAL LAW, THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY REPRESENT THE PARTIES’ AGREEMENT AS TO ALLOCATION OF RISK BETWEEN THEM IN CONNECTION WITH THEIR RESPECTIVE OBLIGATIONS HEREUNDER. THE FEES PAYABLE TO US REFLECT, AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.

14. Indemnification.

You shall indemnify, defend and hold harmless Tastewise and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: Your (i) access to or use of the Service or Third Party Content; (ii) breach of this Agreement; (iii) violation of law; (iv) negligence or willful misconduct; or (v) violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

15. Governing Law & Exclusive Jurisdiction.

This Agreement shall be governed and construed in accordance with the laws of the state of New York and the United States, without regard to its conflict of law provisions. The courts of New York shall have exclusive jurisdiction in all disputes and proceedings arising from this Agreement and the use of the Service.

16. Branding Guidelines.

You will make sure that any data shared by You with any third party, which is based on the Services, will adhere with the Company’s branding guidelines.

17. Customer Reference.

You acknowledge and accept that We have the right to use Your name and company’s logo in order to identify you as Our customer and/or as a Platform subscriber, on Our Website, social media channels, marketing materials, PR announcements or otherwise.

18. No Waiver.

Any failure by Tastewise to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement, the Order Form and the Privacy Policy constitute the entire agreement between the parties regarding the Service, and supersede and replace any prior agreements the parties might regarding the Service.

19. Assignment.

This Agreement and any rights granted to You by Tastewise hereunder and under any contract and/or Subscription and/or Order Form, may not be assigned or transferred by You without the prior written consent of Tastewise. All rights under the engagement with You may be assigned by Tastewise without any restriction or limitation.

20. Changes.

We reserve the right, at Our sole and absolute discretion, to modify and/or replace this Agreement at any time and for any reason. Such change will be effective 14 days following a notice that will be sent by Us to You or after the actual change of this document on the Website. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Agreement. If You do not agree to the new Agreement’s terms, please stop using the Service.

21. General.

21.1. This Agreement may not be assigned without the prior written approval of the other party, provided, however, that Tastewise may assign this Agreement to a company or other entity controlled, controlling or under same control of Tastewise, or to a purchaser of assets or successor entity without Your prior written consent. This Agreement shall inure to the benefit of, and is binding on, the parties and each of their successors and permitted assigns.

21.2. You and Us are independent contractors, and nothing contained in this Agreement shall constitute or be construed as creating any partnership, joint venture, agency relationship, or employment relationship between the parties.

21.3. Neither of the parties shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); other event outside the reasonable control of the obligated party. The parties will use reasonable efforts to mitigate the effect of a force majeure event.

21.4. This Agreement may be modified only by a written instrument duly executed by the parties. No delay or omission by either party to exercise any right or power under this Agreement will impair such right or power or be construed to be a waiver of the delay or omission.

21.5. This Agreement for the benefit of the parties and is not intended to confer any rights or benefits on any third party.

21.6. If any term or condition in this Agreement is invalid or unenforceable under any applicable law, said term or condition will be deemed reformed or deleted, as the case may be, but only to the extent necessary to comply with said applicable law. The remaining provisions of the Agreement will remain in full force and effect.

21.7. Except as otherwise expressly provided in a writing signed by both parties, this Agreement constitutes the final, entire, and exclusive agreement between the parties with respect to the subject matter hereof and prior drafts related thereto shall be used or imply for the interpretation of this Agreement. Without limiting the foregoing, the parties agree that any of their online, or other, terms and conditions will not apply between them.

21.8. If any provision of this Agreement is held to be unenforceable, this Agreement shall be construed without such provision.

If You have any questions about this Agreement, please contact Us at: info@tastewise.io

Updated September 5, 2023