Terms of Service

Introduction & Scope

By accessing the website at https://connect.foodstreamnetwork.com and/or using any of our Services, you agree to be bound by these Terms, all applicable laws and regulations, and acknowledge that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on this website are protected by applicable copyright and trademark laws.

All terms herein refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting each of our customer’s needs in respect of the provision of FoodStream Inc.’s stated Services, in accordance with and subject to prevailing applicable laws.

By accessing our Services, on behalf of yourself or the entity that you represent, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and our Privacy Policy (on behalf of yourself or the entity that you represent) in accordance with all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing our Services. Please ensure that you read them thoroughly, because, by using FoodStream Inc., you consent to these Terms.

Definitions

The following terms shall have the following meanings:

• “Us”, “Ours”, “FoodStream Inc.”: FoodStream Inc., the company providing the services under the FoodStream brand.
• “You”, “the User”: Person or customer using FoodStream Inc. services and/or having an account allowing access to our Services.
• “Application”, “App”: Mobile application created through FoodStream Inc. and made available to the public for download from a third-party platform.
• “Author”: Any person drafting or publishing on the Internet, more specifically on the Application.
• “End User”: Person who uses one or more Applications created using the Services.
• “Website”: Internet website enabling the publishing of content and the drafting of commentaries by End Users.
• “User Credentials”: Username and password used by the User together or separately to identify oneself and access the Services.
• “Order”: Online subscription to our Service(s).
• “Mobile Platform Provider”: This refers to Apple and Google via their app stores, the Apple App Store, and the Google Play Store.
• “User Material”: Any content uploaded or provided by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works, and any other materials.
• “Privacy Policy”: Means our Privacy Policy.

1. Account Terms

• You must be 18 years or older to use this Service.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, telephone number, a valid email address, and any other information requested to complete the signup process.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• If you find any link on our Services that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.

2. Account Suspension & Termination

FoodStream Inc. encourages you to report violations of our guidelines and Terms. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend, or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.

Users engaging in conduct that may constitute a factual—or even alleged—breach of these Terms, including but not limited to, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination at our sole and final discretion, without notice and without liability.

FoodStream Inc. reserves the right to discontinue any Service(s) without any refund whatsoever if any action from a customer towards any of FoodStream Inc.’s employee(s) is deemed as misbehavior by FoodStream Inc., whereas “misbehavior” means any and all actions and attitudes from customers that are deemed outside the accepted norm, including but not limited to any type of harassment, use of hateful, foul, threatening, or diminishing language, any activity with the intent to extract unfair advantage, etc.

You may terminate your account at any time by going to the “delete account” button located inside the “Edit Profile” section, which can be accessed through the dropdown at the side of your username. We may terminate or suspend your FoodStream Inc. account if you go contrary to any FoodStream Inc. policies or for any other reason(s), which we will notify you about.

3. Payment Terms

We rely on authorized third-party payment processors to bill Orders through a payment account linked to you; henceforth, you hereby authorize us to charge the pertinent fees through your indicated payment processing account. Sensitive financial details are stored only by our payment providers.

Such third-party payment processors are also the ones that process, manage, operate, and deliver the payments of your end customers, not FoodStream Inc. For more information, please refer to the terms of use of our third-party payment processing platform, which may include Stripe or PayPal.

Accordingly, FoodStream Inc. shall not be held responsible for any and all errors, fees, and currency conversion fees by our payment processors, and you should review their terms and policies from time to time, which will govern the provision of services to you.

3.1 Disputes & Charge-backs

If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A chargeback may result in the reversal of a transaction, with the amount charged back to you. You can be assessed chargebacks for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.

When a chargeback is issued, you are immediately liable to FoodStream Inc. for the full amount of the payment of the chargeback, plus any associated fees, fines, expenses, or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint FoodStream Inc. as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.

If we are unable to recover funds related to a chargeback for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus, you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees, and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid chargebacks unpaid by you.

3.2 Refunds: You may cancel your subscription at any time. Find out more details about the refund policy and how it applies to each product we sell by reading our Refund Policy.

3.3 Application Approval: FoodStream Inc. will use commercially reasonable efforts to have the Application approved by the appropriate Mobile Platform Provider. Although there is a high likelihood of approval, we do not and cannot guarantee approval.

3.4 Subscription Billing Start Date: Your initial subscription billing will start on the date you receive access to the purchased product. This is normally on the same day you make your purchase, or in the case of a pre-launch, it is the day the product is released, and you receive access to it. Your card will then be charged on the same day of every month or year that follows, depending on the plan you chose until you cancel your account.

3.5 Automatic Subscription Renewal: To ensure uninterrupted service, FoodStream Inc. will automatically bill you for your subscription on each renewal period thereafter until cancellation.

3.6 Up to Date Payment Details: To avoid any interruption in the service, the User shall maintain up-to-date credit card details in their account dashboard, accessible at https://https://connect.foodstreamnetwork.com/my-account/.

3.7 Billing Questions: For any billing-related questions, please contact FoodStream Inc. via support@foodstreamnetwork.com.

4. Cancellation, Termination, and Service Suspension

4.1 Cancellation: You may cancel your subscription at any time by sending an email to support@foodstreamnetwork.com from the same email used in your FoodStream Inc. account. Your request will be processed, and your subscription will be canceled generally within up to 7 days.

4.2 Termination & Suspension: Failure to comply with any of our Terms and/or failure to pay a due fee or renew your subscription shall entitle FoodStream Inc. to immediately suspend your account, including service to your application and provision of services to you, including paid services.

4.3 Service Reactivation: Once canceled, your subscription cannot be reactivated. You will need to make a new purchase if you would like to launch a mobile application.

5. Changes to our Services and Pricing

FoodStream Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a Service (or any part thereof) with or without notice. Any changes will be displayed in the Service, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update—either by an account registration or simple use—thereby indicates your acceptance thereof.

Prices of all Services, including but not limited to monthly subscription plan fees for provided Services, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to our website (foodstreamnetwork.com).

FoodStream Inc. shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of a Service.

The FoodStream Inc. App may use third-party services such as push notification providers, which could be subject to additional fees if these services change their pricing structure.

6. Copyright & Ownership

You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of FoodStream Inc. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental, or consequential damages or losses that occur out of the use or inability to use our Products, Support, or Documentation.

When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded and provided remain yours.

7. Copyright Takedown Notices

For information about how to submit a request for takedown if you believe content on FoodStream Inc. infringes your intellectual property rights, please contact us.

FoodStream Inc. takes copyright infringement matters seriously and is ready to remove any allegedly or factually infringing content displayed on the Service upon due notice and request by the titleholder.

Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the titleholder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

8. Content Licenses

8.1 Limited License by FoodStream Inc.: FoodStream Inc. grants you a limited, non-exclusive, revocable, royalty-free, and non-transferable license to utilize and access FoodStream Inc. and the Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying, or otherwise using FoodStream Inc., in whole or in part. FoodStream Inc. does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.

8.2 User Materials License: FoodStream Inc. allows or may allow Authors, Users, and End Users to add posts, texts, photos, videos, links, and other files and information about your products, services, benefits, and experiences. For every material and content piece that you upload, publish, or display to others via the Service, you acknowledge and agree that, having agreed to be bound by these Terms, your User Material may be viewed or accessed by the general public.

8.3 Feedback License: All users hereby grant FoodStream Inc. an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, worldwide right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes), communicate, publish, publicly perform, publicly display, and distribute any suggestions, feedback, recommendations, comments, and know-how that you provide to FoodStream Inc. regarding the Services.

9. General Conditions

Support is only provided via our Help Desk. Currently, we do not provide support via any other channel (including, but not limited to email, Twitter, Facebook, or over the phone).

By submitting materials (e.g., your logo, brand guidelines, etc.) to FoodStream Inc. for inclusion on your app, you grant FoodStream Inc. a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the content and materials solely for the purpose of displaying, distributing, and promoting your app.

You understand that FoodStream Inc. uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other FoodStream Inc. service.

10. App Mandatory Guidelines

We want to make FoodStream Inc. the best option to create valuable community, eLearning, and membership apps. We request that the following guidelines and covenants be respected at all times:

• You shall not create unauthorized commercial apps (such as spam) using the FoodStream Inc. App.
• You shall not create any app with content that may defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities.
• You shall not create any app using the FoodStream Inc. App to display violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos, videos, or other content.
• You shall not use the FoodStream Inc. App to do anything unlawful, misleading, malicious, or discriminatory, and you shall not use our service for any illegal or unauthorized purpose.

11. Limitation of Liability

IN NO EVENT SHALL FOODSTREAM INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSSES, COSTS, OR EXPENSES OF ANY KIND RESULTING FROM POSSESSION, ACCESS, USE, INACCESSIBILITY, OR MALFUNCTION OF FOODSTREAM INC. OR THE SERVICES.

12. Disclaimer of Warranty

To the fullest extent permissible under applicable law, the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. FoodStream Inc. and its affiliates, clients, agents, officers, licensors, and/or distributors do not make, and hereby disclaim, any and all express, implied, or statutory warranties, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.

13. Limitation of Damages

To the maximum extent permitted by law, User agrees to limit FoodStream Inc.’s liability for the User’s damages against us will be limited in respect of any one incident, or series of connected incidents, to the sum of direct damages award of $1,000.00 USD or the amount that the User has paid to FoodStream Inc. during the last 12-month period, whichever is lower.

14. Indemnity

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FOODSTREAM INC., ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SERVICE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT.

15. Disclaimer of Warranties

FOODSTREAM INC., AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE USE OF THE SERVICES PROVIDED IS AT YOUR OWN RISK AND THAT FOODSTREAM INC. PROVIDES THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES.

16. General Provisions

16.1 Governing Law & Venue: You agree that the Service shall be deemed solely based in New York, USA. This Agreement shall be governed by the internal substantive laws of New York, without respect to its conflict of laws principles. Any claim or dispute between you and FoodStream Inc. that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New York, USA.

16.2 Entire Agreement: If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use, together with the Privacy Policy and any other legal notices published by FoodStream Inc. on the Service, constitute the entire agreement between you and FoodStream Inc. and govern your use of the Service, superseding any prior agreements between you and FoodStream Inc.

16.3 Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.

16.4 Amendment: FoodStream Inc. reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

16.5 No Waiver: FoodStream Inc.’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

16.6 No Third-Party Beneficiary Rights: Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

16.7 No Class Actions: With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and FoodStream Inc. are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

16.8 Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within our Website, User Account, or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.

You agree to receive correspondence from us by email in accordance with these Terms and applicable law. You consent and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

16.9 Amicable Resolution: Before filing any claim against us, you agree to solve the dispute amicably by first emailing support@foodstreamnetwork.com. If we cannot resolve the dispute informally via email, phone, or other methods, within sixty (60) days of receipt of your first email, you or FoodStream Inc. may then bring a formal proceeding.

16.10 Taxes: You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.

16.11 No Relationship: You and FoodStream Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

16.12 No Embargo: You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union, or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.

16.13 Equitable Remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, FoodStream Inc. will be irreparably damaged, and therefore you agree that FoodStream Inc. shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

16.14 Interpretation: In understanding or interpreting the terms of these Terms: (i) the headings of this document are for convenience only and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.

16.15 Force Majeure: FoodStream Inc. is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond FoodStream Inc.’s reasonable control, including but not limited to, electronic, power, mechanic, or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications, or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government-mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

16.16 Assignment: These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. We reserve the right, at any time, to transfer some or all of FoodStream Inc.’s assets in connection with a merger, acquisition, reorganization, sale of assets, or in the event of bankruptcy.

16.17 User Representations and Warranties: You hereby represent, warrant, and covenant that: (i) your use of our Services, and all your uploaded and personal data shall be at all times compliant with these Terms and all local, state, federal, and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases, and permissions to provide any data to FoodStream Inc. and its affiliates, licensors, and agents; and to grant the rights granted to FoodStream Inc. in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy, and any use, collection, and disclosure authorized.

16.18 Privacy: By disclosing any data and personally identifying information to us, you agree to our Privacy Policy, including the collection, processing, storage, and disclosure of such personally identifiable information, including to our affiliates, partners, and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow-ups. Using FoodStream Inc. means that you accept our Privacy Policy, regardless of whether you are a registered user or not.

17. Governing Language

From time to time, these Terms may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of our websites and our Services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

18. Contact Us

If you have any questions about these Terms, please contact us by visiting this page on our website: https://connect.foodstreamnetwork.com

Note that communications made by email or the “Contact Us” page do not constitute legal notice to FoodStream Inc.

This page was last updated on [08/29/2024].