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Terms of Service

Last updated: December 9, 2024

Table of Contents

1. Agreement to Terms2. Description of Service3. Account Registration4. Subscriptions and Payments5. User Conduct6. Intellectual Property7. User Content and Data8. Third-Party Services9. Disclaimers and Warranties10. Limitation of Liability11. Indemnification12. Dispute Resolution and Arbitration13. Governing Law14. Termination15. General Provisions16. Contact Information

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and TasteRay, Inc. ("TasteRay," "we," "us," or "our"), a Delaware corporation with its principal place of business at 251 Little Falls Drive, Wilmington, DE 19808, USA.

By accessing or using our AI-powered movie and TV show recommendation service, including our website, mobile applications, and related services (collectively, the "Service"), you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

Age Requirement: You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into this agreement. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

2. Description of Service

TasteRay provides an AI-powered entertainment recommendation platform that:

  • Learns your unique preferences through conversational AI interactions
  • Provides personalized movie and TV show recommendations
  • Tracks your viewing history and watchlist
  • Shows streaming availability across multiple platforms
  • Offers discovery features to help you find new content

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your login credentials confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

3.2 Account Restrictions

  • You may only create one account per person
  • You may not share your account credentials with others
  • You may not transfer your account to another person
  • We may refuse to grant you an account or terminate your account at our discretion

4. Subscriptions and Payments

4.1 Free and Premium Features

TasteRay offers both free features and premium subscription plans. Free features may be limited in functionality. Premium subscriptions provide access to additional features as described in the Service.

4.2 Subscription Terms

  • Billing: Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan)
  • Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
  • Price Changes: We may change subscription prices with at least 30 days' notice. Price changes will take effect at your next billing cycle
  • Taxes: Prices may be exclusive of applicable taxes, which will be added where required by law

4.3 App Store Purchases

If you subscribe through the Apple App Store or Google Play Store, the following additional terms apply:

  • Payment will be charged to your App Store or Play Store account
  • Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period
  • You can manage and cancel subscriptions in your device's account settings
  • Refunds are subject to the policies of Apple or Google, as applicable. Contact Apple Support or Google Play Support for refund requests
  • Any unused portion of a free trial period will be forfeited when you purchase a subscription prior to the end of the free trial period

4.4 Cancellation

You may cancel your subscription at any time through your account settings or the app store where you subscribed. Upon cancellation:

  • You will continue to have access to premium features until the end of your billing period
  • No refunds or credits will be provided for partial billing periods
  • Your account will revert to free tier access after the billing period ends

4.5 Refunds

Except as required by law or as otherwise stated in these Terms, all subscription fees are non-refundable. For App Store purchases, refund requests must be made directly to Apple or Google.

5. User Conduct

5.1 Prohibited Activities

When using the Service, you agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Service for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Use automated means (bots, scrapers) to access the Service without our permission
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Circumvent, disable, or interfere with security features of the Service. Impersonate any person or entity
  • Submit false or misleading information
  • Upload malicious code, viruses, or other harmful materials
  • Harass, abuse, or harm other users
  • Use the Service to send spam or unsolicited communications

5.2 AI Interaction Guidelines

When interacting with our AI recommendation system, you agree to:

  • Use the AI for its intended purpose of getting entertainment recommendations
  • Not attempt to manipulate or "jailbreak" the AI system
  • Not submit harmful, offensive, or illegal content to the AI
  • Understand that AI recommendations are suggestions, not guarantees of your enjoyment

6. Intellectual Property

6.1 TasteRay's Intellectual Property

The Service and its original content (excluding user content), features, and functionality are owned by TasteRay, Inc. and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. This includes:

  • The TasteRay name, logo, and brand elements
  • Our AI recommendation algorithms and technology
  • Website and app design, graphics, and user interface
  • Software code and documentation

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

  • Modify or copy Service materials except as necessary for normal use
  • Use the Service for commercial purposes without written consent
  • Remove any copyright or proprietary notices
  • Transfer your license to another person

6.3 Third-Party Content

Movie and TV show information, including titles, descriptions, images, and metadata, may be provided by third parties such as TMDB (The Movie Database), OMDB, and streaming platforms. This content is the property of its respective owners and is used under license or fair use principles.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation to you.

7. User Content and Data

7.1 Your Content

You retain ownership of any content you submit to the Service, including reviews, ratings, and preferences ("User Content"). By submitting User Content, you grant TasteRay a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for the purpose of operating and improving the Service.

7.2 AI Learning

You understand and agree that your interactions with our AI system, including your preferences, ratings, and conversation data, may be used to improve our recommendation algorithms and overall service quality. This data is processed in accordance with our Privacy Policy.

7.3 Content Responsibility

You are solely responsible for your User Content. You represent that you have all necessary rights to submit such content and that it does not violate any third-party rights or applicable laws.

8. Third-Party Services

8.1 Streaming Platforms

The Service may display information about where movies and TV shows are available for streaming. TasteRay is not affiliated with Netflix, Amazon Prime Video, Disney+, HBO Max, Hulu, Apple TV+, or any other streaming platform unless explicitly stated. We do not guarantee the accuracy of availability information, which may change at any time.

8.2 External Links

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites. Accessing third-party links is at your own risk.

8.3 Third-Party Terms

Your use of third-party services accessed through TasteRay is subject to those services' terms and privacy policies.

9. Disclaimers and Warranties

9.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Guarantee of Recommendations

We do not guarantee that you will enjoy any movie or TV show recommended by our AI. Recommendations are based on algorithms and your stated preferences, but individual tastes vary. We are not responsible if you do not enjoy content you watch based on our recommendations.

9.3 Content Accuracy

While we strive for accuracy, we do not warrant that movie/TV information, streaming availability, ratings, or other content on the Service is accurate, complete, or current. Third-party content providers may have errors or outdated information.

9.4 Service Availability

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We may experience downtime for maintenance, updates, or unforeseen technical issues.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TASTERAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TASTERAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TASTERAY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO TASTERAY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless TasteRay, Inc. and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Service
  • Your User Content
  • Your violation of any third-party rights
  • Your violation of any applicable laws or regulations

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

12.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English in Wilmington, Delaware, or another mutually agreed location.

The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

12.3 Class Action Waiver

YOU AND TASTERAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

12.5 Opt-Out Right

You may opt out of the arbitration and class action waiver provisions within 30 days of first accepting these Terms by sending written notice to:

TasteRay, Inc.
Attn: Legal Department - Arbitration Opt-Out
251 Little Falls Drive
Wilmington, DE 19808, USA
Or email: [email protected]

Your notice must include your name, address, email, and a clear statement that you wish to opt out of arbitration.

12.6 Arbitration Fees

Payment of arbitration fees will be governed by AAA rules. If you demonstrate financial hardship, we will consider paying your share of the fees.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

14. Termination

14.1 Termination by You

You may terminate your account at any time by using the account deletion feature in the Service or by contacting us at [email protected].

14.2 Termination by TasteRay

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

14.3 Effect of Termination

Upon termination:

  • Your right to use the Service will immediately cease
  • Your account and User Content may be deleted (subject to our data retention policies)
  • Any outstanding subscription fees remain due and non-refundable
  • Provisions of these Terms that should survive termination will survive (including limitations of liability, indemnification, and dispute resolution)

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and TasteRay regarding the Service and supersede all prior agreements.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such 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 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on the Service and updating the "Last updated" date. For significant changes, we may also provide notice via email. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

15.6 Force Majeure

TasteRay shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, or government actions.

15.7 Electronic Communications

By using the Service, you consent to receive electronic communications from us. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

16. Contact Information

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

TasteRay, Inc.
251 Little Falls Drive
Wilmington, DE 19808, USA

General Inquiries: [email protected]

Legal Matters: [email protected]

Privacy Concerns: [email protected]

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