Last Updated: February 1, 2023
Welcome, and thank you for your interest in Fig and Food is Good (“Fig,” “we,” “us,” or “our”), and our website at www.foodisgood.com, along with our related websites, applications (including browser extensions), mobile applications, content, features, or resources made available or enabled through such websites or applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Fig regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF FIG AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE INFORMATION TO ASSIST YOU IN DOWNLOADING OUR APPLICATION. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FIG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Service Overview. The Service provides certain educational content to help users make more informed decisions in their food and dining choices, such as nutrition and labeling information. The SERVICE IS FOR INFORMATIONAL PURPOSES AND IS INTENDED TO BE USED IN CONNECTION WITH A USER’S GENERAL WELLNESS ONLY. IT IS NOT INTENDED TO PROVIDE MEDICAL ADVICE OF ANY KIND OR SERVE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS CONSULT WITH YOUR PHYSICIAN OR A QUALIFIED MEDICAL PROVIDER FOR ANY QUESTIONS RELATING TO YOUR DIETARY HEALTH. The Service also provides tools (such as a browser extension (for desktop users) and mobile applications) that allow users to tailor their browsing, shopping, and dining experience based on their settings and input (including dietary restrictions or preferences), access ingredient and other information about the foods that the user is interested in, and input certain contextual annotations.
2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts; Partner Users
3.1 Accounts. To access most features of the Service, you must register for an account. When you register for an account, you must provide us with some information about yourself, such as your name, email address, or your account information on a third-party service (e.g., Google). You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
3.2 Partner Users. We also partner with organizations to provide individuals at those organizations with an improved food selection and dining experience. If you are affiliated with one of our partner organizations and register for an account using your organization’s email, subject to these Terms, you may have access to a version of the Service that is specific for your organization under your account.
4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms.
4.1 Price. We reserve the right to determine pricing for the Service. We will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. We may change the fees for any feature of the Service, including additional fees or charges, if we give you advance notice of changes before they apply. We, at our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2 Authorization. You authorize Fig to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Fig, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Fig may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3 Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Fig or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see our pricing page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Fig or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service through your device settings on an iOS device or the Google Play store on Android devices. Your cancellation must be received before the renewal date in order to avoid charge for the next subscription period.
4.4 Delinquent Accounts. Fig may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Fig reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Fig grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any downloadable application we make available to you (including the right to install and use one object code copy of the mobile application associated with the Service on a mobile device that you own or control, and the right to install and use one object code copy of the browser extension associated with the Service on a desktop computer you own or control); and (b) access and use the Service.
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including interfering with any security features or access control mechanism, disabling or circumventing features that prevent or limit use or copying of any Materials or other content, and reverse engineering or otherwise attempting to discover the source code of any portion of the Service. If you are prohibited under applicable law from using the Service, then you may not use it.
5.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights. The Service is owned and operated by Fig. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Service are the property of Fig or the third-party rights owners of such Materials. You may not make use of the Service, including the Materials, except as expressly authorized by us in these Terms or as otherwise permitted by law. There are no implied licenses in these Terms and we reserve all rights to the Service, including the Materials (to the extent of our rights in the Materials), not granted expressly in these Terms.
7. Third-Party Terms
7.1 Linked Websites. The Service may contain links to third-party websites. For example, we may present you with links to third-party websites where you may purchase certain foods. If you purchase anything on a third-party linked website (“Linked Website”), that transaction and your use of the Linked Website may be subject to the relevant third party’s terms and conditions, and those terms and conditions will be solely between you and that third party. Linked Websites are not under our control, and we are not responsible for their content. We do not endorse any Linked Website (even if our tool suggests an item that may be purchased there), nor do we provide any representation or warranty with respect to any Linked Website or their products or services.
7.2 Third-Party Services. We may provide tools through the Service that enable you to export information, including User Content (as defined below), to third-party services. By using one of these tools, you hereby authorize that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information.
7.3 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8. User Content
8.1 User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, photos, video, images, folders, data, text, and any other works of authorship or other types of works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
8.2 Limited License Grant to Us. By Posting User Content to or via the Service, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense, through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, in connection with the provision, advertisement, marketing and promotion of the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Fig’s exercise of the license set forth in this Section.
8.3 Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users, for their personal and non-commercial use, a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
8.4 You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by us, the Service, and these Terms;
b. your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) cause us to violate any law or regulation; or (iv) require us to obtain any additional authorizations, consents, licenses or permissions from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties for the Use of your User Content; and
c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
8.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms , is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit infringing activities on the Service.
9.1 Text Messaging. You agree that Fig and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING [TEXT MESSAGES FROM FIG, YOU CAN EMAIL INFO@FOODISGOOD.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXT MESSAGES FROM FIG, YOU CAN EMAIL INFO@FOODISGOOD.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Service
9.2 Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
9.3 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
b. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
c. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
d. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
e. access, search, or otherwise use any portion of the Service or Materials through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Fig;
f. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
g. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission or falsifying your age or date of birth;
h. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
i. attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.
11. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
11.1 Notification. We respect the intellectual property rights of others and take the protection of intellectual property rights very seriously, and we ask users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
11.2 Designated Agent Contact Information. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
Via Email: email@example.com
Via Postal Service:
Food is Good Inc.
Attn: Legal Department (Copyright Notification)
2358 University Avenue #2144
San Diego, CA 92104
11.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by us with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to us making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
11.4 Repeat Infringer Policy. Fig’s intellectual property policy is to: (a) remove or disable access to material that Fig believes in good faith or upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available on the Service; and (b) remove any User Content uploaded to the Service by “repeat infringers.” Fig considers a “repeat infringer” to be any user that has repeatedly infringed or repeatedly been charged with infringing the rights of third parties by uploading User Content to the Service for which Fig has received takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. Fig has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Fig’s own determination.
11.5 Counter Notification. If you receive a notification from Fig that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Fig with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Fig’s Designated Agent through one of the methods identified in Section 11.2 above and include substantially the following information:
a. your physical or electronic signature;
b. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Fig may be found, and that you will accept service of process from the person who provided notification under Section 11.1 above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid Counter Notification under the Copyright Act.