HungryHour Terms of Use


Last Updated on August 9,2018. This Privacy Policy is effective August 9, 2018 for all users.

This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our s, including those offered through our websites, emails, and mobile applications (collectively, the "Service"). The terms "we", "us", and "HungryHour" refer to HungryHour, a company based in California. When you use the Service, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.


1. Introduction

Thank you for using HungryHour’s products, services, websites, and apps which are branded as “HungryHour”.

These Terms of Use (“TOU”) contain the terms under which HungryHour and its affiliates provide their Services to you and describe how the Services may be accessed and used. We refer to the combination of these TOU and any applicable Additional Terms collectively as these “Terms.”

You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, by creating a business account, or by using the Services.

If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

1. Fees and Payments

1.1. Fees for Services.

You agree to pay to HungryHour any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account settings page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify HungryHour of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.



1.2. Subscriptions.

Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by our team at itshungryhour@gmail.com. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.



1.3. Taxes.

Unless otherwise stated, you are responsible for any taxes (other than HungryHour’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay HungryHour for the Services without any reduction for Taxes. If HungryHour is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide HungryHour with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. HungryHour will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from HungryHour Europe UC for business reasons, and are located in a different European Union member state from HungryHour Europe UC. If you are required by law to withhold any Taxes from your payments to HungryHour, you must provide HungryHour with an official tax receipt or other appropriate documentation to support such payments.



1.4. Price Changes.

HungryHour may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. HungryHour will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

2. Privacy

2.1. Privacy.

In the course of using the Services, you may submit content to HungryHour (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. HungryHour’s Privacy Policy, together with any Service-specific privacy notices or statements (collectively, “HungryHour privacy policies”), detail how we treat your Content (including your personal data) and we agree to adhere to those HungryHour privacy policies. You in turn agree that HungryHour may use and share your Content in accordance with the HungryHour privacy policies and applicable data protection laws. If you are a customer who is operating as “data controller” as defined in the European General Data Protection Regulation 2016/679 (“GDPR”) we have added some additional terms below in Section EU2 to address your obligations under this law. You also agree that you are responsible for notifying these third parties who submit content to you through our Services about the HungryHour privacy policies.



2.2. Security.

HungryHour will store and process your Content in a manner consistent with industry security standards. HungryHour has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.



3. USING THE SITE (FOR BUSINESSES)

3.1 Eligibility

To access or use the HungryHour Site for Businesses, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.



3.2 Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.



3.3 Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.



3.4 Business Accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

Your account is for your business commercial use only. In creating it, we ask that you provide complete and accurate information about your business. You may not impersonate another business or create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Please read our Privacy Policy for more information.



4. Your Content

4.1 Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by HungryHour.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.



4.2 Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against HungryHour and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.



4.3. Ownership

As between you and HungryHour, you own Your Content. We own the HungryHour Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the HungryHour Content and the Site, which are protected by copyright laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the HungryHour Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the HungryHour Content are retained by us.



4.4 Advertising

HungryHour and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Your account is for your business commercial use only. In creating it, we ask that you provide complete and accurate information about your business. You may not impersonate another business or create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Please read our Privacy Policy for more information.



4.5 Other

User Content (including any that may have been created by users employed or contracted by HungryHour) does not necessarily reflect the opinion of HungryHour. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

5. HungryHour IP

5.1. HungryHour IP.

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content).



6. User Content

6.1. User Content.

The Services may display content provided by others that is not owned by HungryHour. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. HungryHour is not responsible for any actions you take with respect to your Content, including sharing it publicly.

Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.



6.2. Content Review.

You acknowledge that, in order to ensure compliance with legal obligations, HungryHour may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, HungryHour otherwise has no obligation to monitor or review any content submitted to the Services.



6.3. Third Party Resources.

HungryHour may publish links in its Services to internet websites maintained by third parties. HungryHour does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.



7. Account Management

7.1. Keep Your Password Secure.

If you have been issued an account by HungryHour in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not HungryHour, are responsible for any activity occurring in your account (other than activity that HungryHour is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify HungryHour immediately.



7.2. Keep Your Details Accurate.

HungryHour occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.



7.3. Remember to Backup.

You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, HungryHour will not be liable for any failure to store, or for loss or corruption of, your Content.



7.4. Account Inactivity.

HungryHour and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.



7.5. Customer Success.

HungryHour may help guide you in reviewing your content and helping you effectively use HungryHour services.

8. User Requirements

8.1. Legal Status

If you are an individual, you may only use the Services if you have the power to form a contract with HungryHour. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.



8.2. Minors.

“Minors” are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.



8.3. Embargoes.

You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from HungryHour. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons or entities on any of the above lists.

9. Acceptable Uses

9.1. Legal Compliance.

You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.



9.2. Your Responsibilities.

You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.

(b) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

(c) You may not circumvent or attempt to circumvent any limitations that HungryHour imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).

(d) Unless authorized by HungryHour in writing, you may not probe, scan, or test the vulnerability of any HungryHour system or network.

(e) Unless authorized by HungryHour in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.

(f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.

(g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.

(h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. HungryHour will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to HungryHour.

(i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

(j) Unless authorized by HungryHour in writing, you may not resell or lease the Services.

(k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless HungryHour has agreed with you otherwise. You may not use the Services in a way that would subject HungryHour to those industry-specific regulations without obtaining HungryHour’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with HungryHour that permits you to do so.

(l) You may not register accounts by “bots” or other automated methods.



10. PCI Compliance

10.1. PCI Standards

If you use the Services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). HungryHour provides tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.



10.2. Cardholder Data.

HungryHour is responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. “Cardholder Data” is defined as a cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. HungryHour has developed strict security features to protect Cardholder Data, and as such this data may only be used in anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where HungryHour explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.



11. Suspension and Termination of Services

11.1. By You.

You can terminate your Subscription at any time by contacting the HungryHour team at itshungryhour@gmail.com. Such termination will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.



11.2. By HungryHour.

HungryHour may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. HungryHour may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. HungryHour may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after HungryHour has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, HungryHour may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where HungryHour may decide that we need to take immediate action without notice. HungryHour will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. HungryHour has no obligation to retain your Content upon termination of the applicable Service.



11.3. Further Measures.

If HungryHour stops providing the Services to you because you repeatedly or egregiously breach these Terms, HungryHour may take measures to prevent the further use of the Services by you, including blocking your IP address.



12. Changes and Updates

12.1. Changes to Terms.

HungryHour may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the HungryHour website. If an amendment is material, as determined in HungryHour’s sole discretion, HungryHour will notify you by email. Notice of amendments may also be posted to HungryHour’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require HungryHour to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.



12.2. Changes to Services.

HungryHour constantly changes and improves the Services. HungryHour may add, alter, or remove functionality from a Service at any time without prior notice. HungryHour may also limit, suspend, or discontinue a Service at its discretion. If HungryHour discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. HungryHour may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.



12.3. Downgrades.

Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.



13. Disclaimers and Limitations of Liability

13.1. Disclaimers

While it is in HungryHour’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND HUNGRYHOUR DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.



13.2. Exclusion of Certain Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, HungryHour, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF HUNGRYHOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.



13.3. Limitation of Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF HUNGRYHOUR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO HUNGRYHOUR FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.00.



13.4. Consumers.

We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.



13.5. Businesses.

If you are a business, you will indemnify and hold harmless HungryHour and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.

14. Other Terms

14.1. Assignment.

You may not assign these Terms without HungryHour’s prior written consent, which may be withheld in HungryHour’s sole discretion. HungryHour may assign these Terms at any time without notice to you.



14.2. Entire Agreement.

These Terms (including the Additional Terms) constitute the entire agreement between you and HungryHour, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.



14.3. Independent Contractors.

The relationship between you and HungryHour is that of independent contractors, and not legal partners, employees, or agents of each other.



14.4. Interpretation.

The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.



14.5. No Waiver.

A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.



14.6. Precedence.

To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.

14.7. Severability.

If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.



14.8. Third Party Beneficiaries.

There are no third party beneficiaries to these Terms.

15. Languages

15.1. Language.

These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.