Terms of Service & Privacy Policy

This is a legally binding document between you and ImagineDish (“we” or “us”) that affects your rights and governs your use of the ImagineDish app. Please read it carefully, because it affects your legal rights. If you choose to retain and use the ImagineDish app (the “App”), you are accepting that these terms of service are legally binding on you.
  1. Introduction
    1. Interpretation: In these terms, the following words and phrases shall be interpreted as stated in this section unless plainly intended otherwise. The word “including” shall be interpreted to mean “including without limitation.” Any word implying a gender shall incorporate any and all genders including neuter. The word “or” shall be interpreted to mean “and/or.” Any word implying a singular or plural shall be interpreted to apply to the singular and the plural.
    2. Content You Post and What We Do With It
      1. License: When you post, upload or use in connection with the App any content created by you, including photos, stories, text, blog posts, video, audio, media, personal information, event information, social media content or connections (“Content”), you grant us an irrevocable, worldwide, non-exclusive, transferable, assignable, sublicenseable, fully paid-up license to use the Content in connection with the App and our business, online or offline, including in business we may develop in the future. You give this license in consideration of your free use of the app, and you understand that we will not compensate you further for the license.
      2. How the App Accesses Your Personal Data: The App may access the location data associated with your Content. The app may access stories and media that you have used in connection with the App but not shared publicly. The App may ask you questions about your Content and experiences and store these answers; your answers then become part of your Content and we may use it as such. Any personal data that we access or that you provide to us becomes part of your Content and we may use it as such.
      3. What We Do with Content: The App may do any or all of the following with your content: apply filters to enhance media; collate, reorder or arrange media for narrative or aesthetic purposes; ask you questions about the Content; save Content locally or remotely, including potentially on servers located within or transmitting via the United States; enhance the content with hashtags or other metadata; aggregate feedback on the Content from social media platforms; process and display social media interactions; send you push notifications regarding the Content (if you have allowed this); display the Content to other users of the App who may or may not be connected to you on social media platforms (but we will not show photos of your friends to people who are not connected to you on a social media platform); use the Content to send you customized sponsored third-party content (but sponsored content will be clearly labeled).
      4. Your Right to Limit Our Use of Your Content: Some platforms including Apple and Google, and the laws of some jurisdictions, grant you the right to limit our use of your Content. These rights are reflected in the options and settings that you may change within the App. We also provide you the option to limit or disallow the sharing of some or all of your photos. You may not limit our use of your Content beyond the rights granted to you under the law or the rules of your platform or the options granted by us in the App, even if you delete or discontinue using the App.
    3. Our Relationships with Third Parties:
      1. With your consent, we publish your Content to social media platforms where you have an account. We also aggregate and process the social media response to your content, and may display it to you or use it for our own business purposes. We may also provide Content to social media platforms or other third parties for advertising purposes. We may also provide Content to restaurants or other companies in the food industry to promote their products and services. We may be compensated by social media platforms, restaurants or other third parties for providing the Content. In no event will you be entitled to any further compensation for the Content other than as provided in these Terms.
    4. Data Security:
      1. We make all reasonable efforts to protect the security of your Content. However, we cannot be responsible nor liable for data breaches, accidents or the actions of third parties, with or without malicious intent.
    5. Miscellaneous:
      1. If we make any changes to these Terms, we will notify you, and we welcome your feedback. After notifying you of any changes, your continued use of the App constitutes your agreement to the altered Terms.
      2. We reserve the right to terminate your account at any time for any use we deem to be illegal, obscene, threatening or harmful to us. Termination by us for such misuse by you does not reduce or waive our legal rights under these Terms or at law or equity.
      3. This agreement is governed by the laws of the Netherlands without regard to conflict of laws provisions and all disputes will be settled according to the law of the Netherlands and in a court located in the Netherlands. You submit to the personal jurisdiction of the Netherlands for this purpose.
      4. These Terms constitute the entire agreement between you and us and supersede all prior agreements. We disclaim any implied warranties, and you waive any additional rights, to the maximum extent permitted by law.
      5. If any portion of this agreement is found to be unenforceable, the remainder of the agreement shall not be affected and shall continue in full force and effect.
      6. Any failure by us to enforce the terms of this agreement shall not constitute a waiver of any term or right on our part.
      7. We may freely transfer or assign any or all of our rights under this agreement in connection with a merger, acquisition, sale of assets, or by operation of law or otherwise.
      8. This agreement does not confer any rights upon any third parties regardless of their connection to you. We reserve all rights not expressly granted to you.
      9. You agree to comply with all applicable laws when using the App.
      10. We will not be liable to you for any special, incidental, unforeseen, consequential, exemplary damages or lost profits in connection with your use of the App. In all cases, our damage to you shall be limited to the lesser of €100 or the actual amount of money you have paid us during the course of your use of the App.
      11. You agree to indemnify and hold harmless us, our affiliates, directors, officers and other users in connection with damages caused to you by the actions of third parties including other users of the App and for any of our actions or omissions committed without malicious intent.