Effective date: June 20, 2023
Welcome to Let’s Ketchup, Co. (“Ketchup”). Please read on to learn the rules and restrictions that govern your use of our website(s), mobile application(s), and any other products or services we provide (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
- Email: hello@ketchup-app.com
- Phone: 908-502-7795
- Address: 16 Madison Square West, New York, New York 10010
These Terms of Use (“Terms”) are a binding contract between you and Let’s Ketchup, Co. (“Ketchup,” “we,” “us”). By accessing or using the Services in any way, you agree to these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in our Privacy Policy [https://ketchup-app.com/app-privacy-policy], and our Copyright Dispute Policy in the section titled “What if I see something on the Services that infringes my copyright?”
Additionally, certain Services may be subject to additional policies, rules, and/or conditions (“Additional Terms”). By using any such Services, you agree to comply with the Additional Terms.
Please read these Terms carefully. They contain important information about your use of the Services, including charges, taxes, and fees. These Terms also address future changes to the Terms, automatic renewals, limitations of liability, a class action waiver, and dispute resolution by arbitration. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY WAY.
ARBITRATION NOTICE AND CLASS ACTION WAIVER:
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND KETCHUP WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.
Will These Terms Ever Change?
We are always looking to improve our Services, so these Terms may change as our Services evolve. We reserve the right to modify the Terms at any time. If we make changes, we will notify you by posting a notice on our site, sending an email, or through another communication channel.
If you do not agree with the new Terms, you are free to reject them. However, if you continue to use the Services after the changes go into effect, it means you agree to the updated Terms.
What About My Privacy?
We take your privacy seriously. For details about how we collect, use, and share your information, please see our Privacy Policy [https://ketchup-app.com/app-privacy-policy].
Children’s Online Privacy Protection Act
We comply with the Children’s Online Privacy Protection Act (“COPPA”). We do not knowingly collect personal information from children under the age of 13 without obtaining verifiable consent from their parent or guardian. If you are under 13, please do not attempt to register or use the Services without your parent’s permission.
What Are the Basics of Using Ketchup?
You may be required to create an account, select a password and username (your “Ketchup User ID”), and provide us with certain information about yourself. You agree to provide accurate, complete, and updated information.
You represent and warrant that you are of legal age to form a binding contract (or, if not, that you’ve received your parent’s or guardian’s permission). If you are using the Services on behalf of an organization, you agree that you are authorized to bind that organization to these Terms.
You agree not to:
- Share your Ketchup User ID, account, or password with anyone else;
- Use the Services for any unlawful or prohibited purpose;
- Use the Services in any way that infringes on the rights of others, including by posting offensive, defamatory, or objectionable content.
Messaging
As part of the Services, you may receive communications from us, such as emails or SMS messages. You agree to receive these communications and can unsubscribe at any time by following the instructions provided.
Are There Restrictions on How I Can Use the Services?
You agree not to:
- Infringe on the intellectual property rights of Ketchup or any third party;
- Violate any applicable law;
- Engage in abusive, harmful, or fraudulent activities;
- Attempt to access another user’s account or private information;
- Distribute spam, viruses, or any harmful software.
Violating these restrictions may result in termination of your right to use the Services.
What Are My Rights in the Services?
All content provided through the Services (including text, graphics, images, and software) is owned by Ketchup or its licensors and is protected by intellectual property laws. You agree not to use the content in any way not authorized by these Terms.
You are granted a limited, non-exclusive, non-transferable license to use the content for your personal use in connection with the Services.
What About Content I Contribute to the Services?
Any content you post, upload, or share through the Services is considered a “User Submission.” You are solely responsible for your User Submissions and must ensure they do not violate any laws or infringe on third-party rights.
By submitting content to the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, distribute, and display your content in connection with the Services.
Copyright Infringement
If you believe content on the Services infringes your copyright, you can send a notice to:
Let’s Ketchup, Co.
Attn: Copyright Manager
16 Madison Square West
New York, NY 10010
Who Is Responsible for What I See and Do on the Services?
You are responsible for the content you contribute to the Services. While we strive to maintain a safe environment, we are not responsible for the actions of users or the content posted on the platform.
The Services may contain links to third-party websites or services, and Ketchup is not responsible for the content or actions of these third parties.
Will Ketchup Ever Change the Services?
We are always improving the Services, so they may change over time. We may suspend or discontinue parts of the Services at any time, and we will try to notify you if we make significant changes.
Do the Services Cost Anything?
We may offer free and paid versions of the Services. You will be notified of any fees before you are charged.
If you use a paid version of the Services, you agree to the terms of payment provided during your subscription.
What If I Want to Stop Using the Services?
You are free to stop using the Services at any time. To close your account, contact us at hello@ketchup-app.com. Terminating your account may result in the deletion of your content, so be sure to save any important data beforehand.
What About Mobile Applications?
Your use of our mobile applications may be subject to terms set by third-party platforms such as the Apple App Store or Google Play. Be sure to comply with their terms as well.
Warranty Disclaimer
The Services are provided “as is,” without warranties of any kind. We do not guarantee that the Services will be available, uninterrupted, or error-free.
Limitation of Liability
To the fullest extent permitted by law, Ketchup will not be liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our total liability will not exceed the greater of $100 or the amount you paid for the Services in the past 12 months.
Indemnity
You agree to indemnify Ketchup from any claims, liabilities, or expenses arising from your use of the Services.
Arbitration Agreement and Class Action Waiver
Any disputes between you and Ketchup will be resolved through binding arbitration in New York, NY, rather than in court. You also waive your right to participate in any class action or class-wide arbitration.
Miscellaneous
These Terms, along with our Privacy Policy, represent the entire agreement between you and Ketchup. They supersede any prior agreements. You may not transfer your rights or obligations under these Terms to anyone else.
Contact Us
If you have any questions or concerns about these Terms, you can reach us at hello@ketchup-app.com.