Terms of Service

Effective Date: January 1, 2025
Last Updated: January 1, 2025

1. Agreement to Terms

Welcome to Ask Andy, a service provided by Flavor App, Inc. ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our WhatsApp-based restaurant recommendation service.

By using Ask Andy, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our service.

2. Description of Service

Ask Andy is a conversational WhatsApp service that provides personalized restaurant recommendations based on your dietary restrictions, allergies, and food preferences. The service includes:

• Personalized restaurant recommendations
• Menu filtering based on dietary needs
• Local restaurant discovery
• Conversational assistance for dining decisions

3. Eligibility

You must be at least 13 years old to use Ask Andy. If you are under 18, you must have permission from a parent or legal guardian. By using our service, you represent and warrant that you meet these requirements.

4. User Account and Responsibilities

4.1 Account Creation

Your account is linked to your WhatsApp phone number. By using Ask Andy, you create an account with us automatically.

4.2 Account Security

You are responsible for:

• Maintaining the security of your phone and WhatsApp account
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

4.3 Accurate Information

You agree to provide accurate, current, and complete information about your dietary restrictions and preferences. We rely on this information to provide safe and relevant recommendations.

5. Acceptable Use

5.1 You Agree To:

• Use the service for lawful purposes only
• Provide accurate dietary information
• Respect the intellectual property of our service
• Use the service in a manner that does not harm others or the service

5.2 You Agree NOT To:

• Use the service to harass, abuse, or harm others
• Attempt to gain unauthorized access to our systems
• Use automated systems (bots) to interact with the service without permission
• Reverse engineer or attempt to extract our source code
• Misrepresent your identity or affiliation
• Violate any applicable laws or regulations

6. Service Limitations and Disclaimers

6.1 Restaurant Information

Ask Andy provides restaurant recommendations based on publicly available information, including menus, reviews, and restaurant data from third-party sources (Google Maps, Yelp, etc.). We make reasonable efforts to provide accurate information, but:

• We do not guarantee accuracy: Restaurant menus change frequently
• Not medical advice: Our recommendations are not a substitute for medical or nutritional advice
• User responsibility: You are responsible for verifying dietary information with restaurants
• Allergy safety: Always inform restaurant staff of your allergies and dietary restrictions

6.2 No Medical Advice

Ask Andy is an informational service only and does not provide medical, nutritional, or health advice. If you have severe allergies or medical dietary restrictions, consult with healthcare professionals and always verify menu information with restaurant staff.

6.3 Third-Party Information

We aggregate information from third-party sources. We are not responsible for the accuracy, completeness, or reliability of third-party data.

7. Disclaimer of Warranties

ASK ANDY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Merchantability: That the service is suitable for any particular purpose
• Accuracy: That information provided is complete or error-free
• Reliability: That the service will be uninterrupted or error-free
• Results: That use of the service will meet your expectations

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

8.1 No Liability for Damages

FLAVOR APP, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Allergic reactions or health issues resulting from restaurant choices
• Lost profits or business opportunities
• Data loss or corruption
• Service interruptions or delays
• Inaccurate restaurant information

8.2 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM USE OF ASK ANDY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE PAST 12 MONTHS, OR $100, WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless Flavor App, Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of Ask Andy
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any health issues resulting from your reliance on our recommendations

10. Intellectual Property

10.1 Our Property

All content, features, and functionality of Ask Andy, including but not limited to text, graphics, logos, software, and algorithms, are owned by Flavor App, Inc. and protected by copyright, trademark, and other intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use Ask Andy for personal, non-commercial purposes in accordance with these Terms.

10.3 Feedback

If you provide feedback, suggestions, or ideas about Ask Andy, you grant us the right to use them without compensation or attribution.

11. Payment and Fees

Currently, Ask Andy is provided free of charge. We reserve the right to introduce fees for certain features in the future. If we do so, we will provide advance notice and you may choose to discontinue use of the service.

12. Service Changes and Termination

12.1 Changes to Service

We reserve the right to:

• Modify or discontinue any feature of Ask Andy
• Update these Terms at any time
• Change pricing (with advance notice)

12.2 Termination by Us

We may suspend or terminate your access to Ask Andy at any time, with or without cause, including if:

• You violate these Terms
• Your use poses a security risk
• Required by law
• We discontinue the service

12.3 Termination by You

You may stop using Ask Andy at any time by ceasing to send messages to our service. To delete your data, contact us at web@flavorapp.co.

12.4 Effect of Termination

Upon termination, your right to use the service ceases immediately. Provisions that should survive termination (including disclaimers, limitations of liability, and indemnification) will continue to apply.

13. Communication Preferences

By using Ask Andy, you consent to receive service-related messages via WhatsApp, including:

• Restaurant recommendations
• Confirmation messages
• Service updates
• Occasional tips and features

You may opt out at any time by stopping communication with our service.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of Ask Andy shall be resolved through:

1. Informal Resolution: Contact us at web@flavorapp.co to resolve disputes informally
2. Binding Arbitration: If informal resolution fails, disputes shall be resolved by binding arbitration in accordance with the American Arbitration Association rules
3. Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in class actions

14.3 Exceptions

You may bring claims in small claims court if they qualify. Either party may seek injunctive relief in court for intellectual property infringement.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Flavor App, Inc. regarding Ask Andy.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of government, or service provider outages.

16. Updates to Terms

We may update these Terms from time to time. When we do:

• We will update the "Last Updated" date
• We will post the new Terms on our website (askandy.ai)
• We will notify users of material changes via WhatsApp message
• Continued use after changes constitutes acceptance of new Terms

17. Contact Information

If you have questions about these Terms, please contact us:

Flavor App, Inc.
North Broad St
Middletown, DE, USA

Email: web@flavorapp.co
Website: https://flavorapp.co
Service Website: https://askandy.ai

By using Ask Andy, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.