Terms of Service
Cravingly APP & WEBSITE
TERMS OF SERVICE Effective as of August 01, 2024
Welcome to the Cravingly App and website a product of Cravingly Enterprises, Inc., d/b/a Cravingly
(“Cravingly”, “we”, or “us”) that is being provided to you on behalf of our service partner retail liquor
store (“Retailer”) to allow you to search your Retailer’s product inventory, order products and services
from your Retailer, gain access to product and service promotions, and track your frequent
shopper/loyalty credits all from the convenience of your iOS or Android mobile device.
THE FOLLOWING TERMS OF SERVICE (THE “AGREEMENT”) GOVERN YOUR ACCESS TO AND USE OF THE APP AND YOUR
RELATIONSHIP WITH Cravingly.
IN CONSIDERATION FOR ACCESS TO THE APP, YOU AGREE TO READ THE AGREEMENT CAREFULLY BEFORE FURTHER
ACCESSING OR USING THE APP.
BY FURTHER ACCESSING OR USING THE APP, YOU REPRESENT, WARRANT, AND ACKNOWLEDGE THAT:
A. YOU HAVE READ AND UNDERSTOOD THE AGREEMENT AND THE PRIVACY POLICY;
B. YOU HAVE THE AUTHORITY AND CAPACITY AND ARE LEGALLY ENTITLED TO ENTER INTO THE AGREEMENT;
C. YOUR USE OF THE APP AND WEBSITE IS FOR YOUR SOLE AND PERSONAL USE;
D. YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE APP OR THE SYSTEM; AND
E. YOU AGREE TO BE BOUND BY THE AGREEMENT AND THE PRIVACY POLICY, WHICH GOVERNS YOUR ACCESS TO AND USE OF
THE APP AND YOUR RELATIONSHIP WITH Cravingly. THE AGREEMENT IS A LEGALLY BINDING ELECTRONIC CONTRACT
BETWEEN YOU AND Cravingly, AND GOVERNS YOUR ACCESS TO AND USE OF THE APP.
YOU MUST ACCEPT THIS AGREEMENT AND THE PRIVACY POLICY TO FURTHER ACCESS OR USE THE APP. IF YOU DO NOT
AGREE WITH ANY OF THE TERMS AND CONDITIONS HEREIN, CLOSE THE APP IMMEDIATELY AND DO NOT FURTHER ACCESS OR
OTHERWISE USE THE APP.
I. Eligibility.
When using the App, you agree to comply with all applicable laws of your home territory and the territory
in which you are physically present from which you access the App, you thereby represent and warrant that
you are not a competitor of Cravingly, are not accessing or using the App on behalf of a competitor of
Cravingly, and will not use the App in a competitive atmosphere with Cravingly.
II. Definitions.
a. “App” means the mobile device software application, owned and operated by Cravingly.
b. “Cravingly IP” means any and all past, present, and future intellectual property owned, controlled, or
licensed by Cravingly, including, but not limited to the Site, the System, and all Content Shared by
Cravingly via the Site and the System.
c. Console” means the web based software interface used by your Retailer to access and use the System and
Share Content with Cravingly, Users, and other third parties.
d. “Content” means any intellectual property, data, or communications that is Shared via the System.
e. “Derivative Work” means any work that is based upon any Cravingly IP, including, but not limited to,
an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection,
compilation, or any other form in which such preexisting works may be recast, transformed, or adapted.
f. “Retailer” means a retail liquor store with which Cravingly has a contractual relationship to use the
System to Share Content with and provide services to Users, Cravingly, and other select third parties.
g. “Share” means to transmit Content via the System, including, but not limited to the App or the
Console.
h. “Site” means
www.cravingly.in the online presence of Cravingly.
i. “System” means Cravingly proprietary software system that allows your Retailer to Share Content with
and provide services to Users and Users to Share Content with Cravingly, your Retailer, and other Users,
including, but not limited to, the App and the Console.
j. “User” means any individual who accesses or uses the App.
k. “User Content” means any Content Shared by a User, including, but not limited to, product reviews,
User pictures, product ratings, and feedback.
l. “User Information” means the personally identifiable information collected by the App or Shared by a
User via the App, including, but not limited to, your email address, password, birthdate, address,
preferences, and favorites.
m. “Your Profile” means the collection of User Information stored by the App in order to identify Your
Account.
n. “Your Content” means any Content that you Share, including, but not limited to, product reviews, your
picture, product ratings, and feedback.
III. Your Account
In order to use the App, you must first download the App to your mobile device and then sign up and
create a personal account (“Your Account”) by Sharing certain User Information with the App and choosing
a password. You are solely and personally responsible for maintaining the confidentiality and security of
Your Account and the password associated with it. You may not authorize others to use Your Account or
rent, sell, lease, license, sublicense, lend, distribute, or otherwise transfer or assign Your Account to
any other person. You agree to immediately notify Cravingly of any actual or suspected breach of security
or unauthorized use of Your Account.
IV. Privacy Policy
Cravingly respects your privacy and is committed to protecting your personally identifiable information.
All use of such information is governed in accordance with our Privacy Policy, which is hereby
incorporated into this Agreement by reference. Please read this notice carefully for information related
to Cravingly’ collection, use, and disclosure of your personally identifiable information.
V. Security of Information
Cravingly maintains our systems in accordance with commercially reasonable industry standards to preserve
the integrity and security of your User Information and Your Content. Cravingly is constantly seeking to
improve the App, the Console, and the System and how the App, the Console, and the System Shares your
User Information and Your Content. We cannot, however, ensure or warrant the security of any such
information you Share via the App and you do so at your own risk. Once we receive your User Information
and Your Content, we make commercially reasonable efforts to ensure the security of our systems. However,
this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by
breach of any of our physical, technical, or managerial safeguards. “Perfect security" does not exist on
the Internet, and your use of the App is at your own risk.
VI. Cravingly IP
You hereby represent, warrant, and acknowledge that all Cravingly IP is owned, controlled, or licensed by
Cravingly and is protected by copyright, as a trademark, by patent, or by other intellectual property
rights. Unless otherwise noted, the App, the Site, and the Console, and all intellectual property on or
that constitutes the Site and the System, including, but not limited to the App and the Console is
Cravingly IP, including, but not limited to, the object code and underlying source code thereof, the
tradenames thereof and trademarks thereon, and the selection, sequence, "look and feel", and arrangement
of items thereon. You agree that you shall acquire no rights in any Cravingly IP unless otherwise noted
in writing by Cravingly. You may not copy, reproduce, frame, republish, download, upload, post, transmit,
distribute, hyperlink, or exploit any Cravingly IP for commercial use in any way beyond what is permitted
by the Agreement without the prior written consent of Cravingly.
A. License to User
Cravingly hereby grants you a limited, personal, non-exclusive, non-assignable, non-transferable,
non-sub-licensable, freely and fully revocable license to access and use the App in order to Share Your
Content and your User Information with Cravingly and your Retailer via the System, to Share Your Content
with other Users via the App, to access the System in order to purchase products and services from your
Retailer, to contact Cravingly and your Retailer, to access and use Content Shared via the System by
Cravingly, your Retailer, other Users, and our affiliates, to store your User Information and Your
Content on the System for such purposes, and to scan product bar codes in order to determine if your
Retailer carries such product. You acknowledge and agree that with exception to this limited license you
have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter,
enhance, or in any way exploit the System or any other Cravingly IP in any manner unless otherwise noted
in writing by Cravingly. This license terminates automatically, without notice to you, if you breach the
Agreement.
B. Reservation of Rights
Cravingly reserves all rights not expressly granted in the Agreement unless otherwise noted in writing by
Cravingly.
C. Prevention of Unauthorized Access or Use
Cravingly reserves the right to exercise whatever lawful means Cravingly deems necessary to prevent
unauthorized access to or use of any Cravingly IP, including, but not limited to, technological barriers,
IP mapping, and directly contacting your internet service provider or law enforcement regarding such
unauthorized use.
D. Prohibitions
You may not, nor shall you permit any third party to, directly or indirectly:
a. Modify, edit, copy, reproduce, create any Derivative Work from, or reverse engineer, alter, enhance,
use, or exploit any Cravingly IP for any purpose unless otherwise stated in writing by Cravingly;
b. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of
the System;
c. “Scrape” the Site or the System, including, but not limited to, the App and the Console, or use any
bot, spider, scraper, data miner, or automated agent to access or use the System or gain access to or use
any information on System;
d. Decipher, decompile, reverse engineer, reverse compile, or otherwise dissemble or attempt to decipher,
decompile, reverse engineer, reverse compile, or otherwise dissemble any Cravingly IP, including, but not
limited to the source and object code thereof, or otherwise determine the source code of any Cravingly
IP;
e. Rent, sell, lease, license, sublicense, lend, distribute, or otherwise transfer or assign Your Account
or any Cravingly IP or any portion thereof to any third party, or otherwise use or allow the use of Your
Account, any Cravingly IP, or any portion thereof to be used for any purpose outside the purposes of the
Agreement or on behalf of any third party other than Cravingly or your Retailer;
f. Remove any proprietary notices from any Cravingly IP;
g. Post or otherwise make available any Cravingly IP, or any portion thereof, in any form, available on
any publicly available forum, including, but not limited to the Internet;
h. Use a previous version of the App after you have received a new version and are asked to discontinue
using the previous version;
i. Use or access any Cravingly IP for any unauthorized purpose;
j. Use any Cravingly IP in a competitive manner with Cravingly;
k. Use any Cravingly IP to violate any U.S. federal, state, or local law, rule, or regulation;
l. Interfere with or disrupt the integrity or performance of System or the Content contained thereon; or
m. Attempt to gain unauthorized access to the App, the Console, the Site, the System, or any other
Cravingly IP, system, or network;
n. Use or access any Cravingly IP to sell any drugs, narcotics, controlled substances (even those that
are legal in some states including, but not limited to CBD, and cannabidiol-based products, cannabis, or
cannabis-containing product or products), drug paraphernalia such as bongs, vaporizers, and pipes;
tobacco and related products including, but limited to, e-cigarettes, e-juice, vaporizers, mods, hookahs,
and hookah accessories.
VII. Your Content and User Information
Cravingly hereby allows you to Share Your Content and your User Information via the App.
A. Sharing Your Content
The App allows you to Share Your Content over the System with, between, and amongst Cravingly, your
Retailer, Cravingly Rewards, and other parties with access to the System. By choosing to Share Your
Content via the App, you represent and warrant that you are solely responsible for Your Content and the
ramifications and results of your choice to Share Your Content. You also agree that Apple is not a
sponsor of, nor endorses the use of, Cravingly Rewards. By using the app, you also affirm that you
conform to the eligibility requirements set forth in Section 1-Eligibility.
B. Sharing Your User Information
The App allows you to Share your User Information over the System with, between, and amongst Cravingly
Cravingly Rewards, and your Retailer. By choosing to Share your User Information, you represent and
warrant that your User Information is true, up to date, and that you are solely responsible for your User
Information and the ramifications and results of your choice to Share your User Information. You also
agree that Apple is not a sponsor of, nor endorses the use of, Cravingly Rewards. By using the app, you
also affirm that you conform to the eligibility requirements set forth in Section 1-Eligibility.
C. Retention of Ownership
Cravingly does not claim any ownership rights in any of Your Content or your User Information Shared via
the App. By simply Sharing Your Content or your User Information via the App, you continue to retain
ownership of Your Content and your User Information and continue to have the right to use and license
Your Content and your User Information in any way you choose unless otherwise stated herein. However, any
of Your Content and your User Information Shared via the App must comply with the Agreement.
D. License Grants to Cravingly
By Sharing Your Content via the App, you thereby grant Cravingly a paid-in-full, royalty free, freely and
fully transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, perpetual,
worldwide right and license to Share Your Content with Cravingly, your Retailer, other Users, and our
affiliates for the purposes of the App or our services or as required by applicable law or by proper
legal, governmental, or regulatory authority and a paid-in-full, royalty free, freely and fully
transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, perpetual,
worldwide license right and license to use, display, perform, distribute, modify, adapt, abridge,
exploit, and promote Your Content in any way and in any commercial or non-commercial medium or form
without compensation. By Sharing your User Information via the App, you thereby grant Cravingly a
paid-in-full, royalty free, freely and fully transferable, freely and fully assignable, freely and fully
sub-licensable, irrevocable, perpetual, worldwide right and license to Share your User Information with
Cravingly, our Retailers, and our affiliates for the purposes of the App or our services, or as required
by applicable law or by proper legal, governmental, or regulatory authority. By downloading and
installing the App, you thereby agree that Cravingly, Your Retailer, and our affiliates may send you
“push notifications” if your device supports such communications.
E. License Grants to Retailer
By using the App, you thereby grant your Retailer a paid-in-full, royalty free, freely and fully
transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, perpetual,
worldwide right and license to use your User Information and Your Content for the purposes herein,
specifically including, but not limited to providing you with the products and services you order and to
contact you via the App for marketing purposes.
F. License Grant to Other Users
By Sharing Your Content via the App, you thereby grant to other Users a limited, non-exclusive license to
access and use Your Content. Notwithstanding the foregoing, you also hereby grant to each other User at
least a limited, non-exclusive, license to view, download, including, without limitation download to a
portable device, print, and have printed Your Content for personal use.
G. Your Content Representations and Warranties
You are solely responsible for Your Content and all the consequences, ramifications, and results of
Sharing Your Content via the App. By Sharing Your Content via the App, you represent, warrant, and affirm
that:
I. You are solely responsible for Your Content and all the consequences, ramifications, and results of
Sharing Your Content via the App;
II. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and for Cravingly, Cravingly Rewards, our Retailers, and other Users to use Your
Content as necessary to exercise the licenses granted by you in this Section VII of the Agreement and in
the manner contemplated by Cravingly and the Agreement;
III. Your Content does not and will not slander, defame, or libel any other person;
IV. The use of Your Content as permitted herein does not and will not infringe, violate, or
misappropriate 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;
V. Your Content does not contain any viruses, adware, spyware, worms, or other malicious code; and
VI. Your Content is free of any digital rights management, including any software designed to limit the
number of times Your Content may be copied or played. Violators of this Section VII of the Agreement may
be subject to criminal and civil liability. Cravingly reserves all rights and remedies against any Users
who violate the Agreement.
Rules for Participation in Cravingly Rewards
By using the app, you agree that the following sections indicate your acceptance, understanding, and
provisions of the Cravingly Rewards Program:
Sign up:
When using the App, you agree to comply with all applicable laws of your home territory and the territory
in which you are physically present from which you access the App, you thereby represent and warrant that
you are not a competitor of Cravingly, are not accessing or using the App on behalf of a competitor of
Cravingly, and will not use the App in a competitive atmosphere with Cravingly.
Complete Profile:
Profile must be completed in its entirety to receive points. Cravingly Rewards is diligent in its efforts
to create and maintain a fair and consistent user environment free of fraudulent or misleading content.
Therefore, we review user accounts and information on a regular basis to provide the most accurate
results. Users in violation of our TOS will be removed from the rewards program.
Enter Referral Code:
Points are awarded only after the app is downloaded by the person it was sent to, and the referral code
is entered in the rewards page. Points will be given for only 3 referrals per week, up to 12,000 points
per month. Referrals should only be used for personal and non-commercial purposes, and only shared with
personal connections that will appreciate receiving these invitations.
Invite your Friends:
Points will be awarded for 10 invites per week and up to 4,000 points per month. This should only be used
for personal and non-commercial purposes, and only shared with personal connections that will appreciate
receiving these invitations. In no instance shall Cravingly (CTA, Inc.) be held responsible or liable for
any invitation activity undertaken by the account holder.
Products:
By reviewing products, you provide valuable information to the user experience. Please focus your reviews
on the reasons why you like or dislike the item. You may not submit copyrighted content unless you own
the copyright to such content, or have the authorization of the copyright owner to use them. Points will
be awarded for 5 reviews per week, up to 4,000 points per month. Any infringement shall result in removal
of the user from the rewards program.
How are we doing?
Any writing, comments, remarks, or other information posted to the app belongs to the person who posted
such content. When you upload, communicate or submit your comments to us, you grant Cravingly a
royalty-free, worldwide, perpetual, irrevocable permission to publish and use your content for marketing
purposes. Cravingly also has the right to limit or revoke the use of privileges of account of anyone who
posts unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable
comments.
View Notifications:
The user has complete control over whether they would like to receive relevant push notifications. User
may opt out of receiving push notifications by going to the Notifications tab in the app. Points are
awarded for 2 views per week and up to 2400 points per month. The notification must be viewed within 24
hours of posting to receive points.
Cravingly Rewards Amendment:
Cravingly may amend, modify or end any content within Cravingly Rewards in whole or in part from time to
time, without notice, including suspension of the entire reward program, by posting an amended agreement
on the website. Such updated version of the agreement will be effective at the time we post it. Cravingly
also reserves the right to expire accrued points of users at any time. Any fraudulent, deceptive,
unauthorized, or unlawful participation is strictly prohibited, and may result in immediate termination
or disqualification from the rewards program. The reward points cannot be sold, copied, shared or
transferred. Any violation of the provisions in this TOS may result in cancelation of the account and the
expiration of all accumulated points and rewards.
VIII. Digital Millennium Copyright Act Policy
Cravingly takes intellectual property rights very seriously and demands the same from all Users.
Cravingly will respond to allegations of copyright violations in accordance with the Digital Millennium
Copyright Act [17 U.S.C. 512] (the “DMCA”). The DMCA provides a process for a copyright owner to give
notification to Cravingly concerning alleged copyright infringement (“Notice of Infringement”). When a
valid Notice of Infringement is received, Cravingly shall respond under this process by taking down the
offending Content. In accordance with the DMCA, upon taking down the Content, Cravingly shall take
reasonable steps to contact the owner of the removed Content so that a counter-notification (“Counter
Notice”) may be filed. On receiving a valid Counter Notice, Cravingly will generally restore the Content
in question, unless Cravingly receives notice from the original provider of the Notice of Infringement
that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging
in the infringing activity.
THESE NOTICES OF INFRINGEMENT AND COUNTER NOTICES ARE REAL-WORLD LEGAL NOTICES PROVIDED OUTSIDE THE
AGREEMENT. Cravingly MAY PROVIDE COPIES OF SUCH NOTICES TO THE PARTICIPANTS IN THE DISPUTE OR THIRD
PARTIES, AT Cravingly’S DISCRETION AND AS REQUIRED BY APPLICABLE LAW OR BY PROPER LEGAL, GOVERNMENTAL, OR
REGULATORY AUTHORITY; THE AGREEMENT DOES NOT PROTECT INFORMATION PROVIDED IN THESE NOTICES.
A. Notice of Infringement
If you are a copyright owner and have a good faith belief that any Content posted on or transferred
through the System infringes your copyright(s), you may send Cravingly’ “Designated Copyright Agent”, as
identified hereinafter, written Notice of Infringement pursuant to the DMCA. This Notice of Infringement
must contain the information specified below in the following format:
a. Identify in sufficient detail the copyrighted work claimed to have been infringed; if multiple
copyrighted works are covered by a single Notice of Infringement, provide a representative list of such
works;
b. Identify in sufficient detail the material that is claimed to be infringing and information reasonably
sufficient to permit Cravingly to locate the material (e.g., provide the Uniform Resource Locator, “URL,”
of the material claimed to be infringing);
c. Provide information reasonably sufficient to permit Cravingly to contact you (e.g., a street address,
telephone number, and email address if available);
d. Provide a statement that you have a good faith belief that the use of the copyrighted material in the
manner described in the Notice of Infringement is not authorized by the copyright owner, its agent, or
the law;
e. Provide a statement, made under penalty of perjury, that the information provided in the Notice of
Infringement is accurate, and that you are the copyright owner or are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; and
f. Provide the physical or electronic signature of the copyright owner or someone authorized to act on
the owner's behalf.
The Notice of Infringement must be submitted to Cravingly’s Designated Copyright Agent by mail or email
as set forth below:
Mail: Cravingly Enterprises.
Email: info@cravingly.in
Subject: DMCA Notice
Be advised that failure to comply with all of the above requirements may invalidate your Notice of
Infringement under the DMCA. Cravingly’ response to a proper Notice of Infringement will be to remove or
disable access to the Content claimed to be infringing and notify the alleged infringer of your claim so
he or she can submit a Counter Notice to Cravingly.
B. Counter Notice.
If Your Content was removed or access was blocked and you have a good faith belief that it is not
infringing on any copyrighted material, you may send Cravingly a written Counter Notice pursuant to
Section 512 of the DMCA. The Counter Notice must contain the information specified below in the following
format:
a. Identify in sufficient detail the Content that Cravingly has removed or to which Cravingly has
disabled access and the location of the material (e.g., the URL) before it was removed/disabled;
b. Provide your name, address, telephone number, and email address;
c. A statement that you consent to the jurisdiction of the federal district court in which your address
is located, and a statement that you will accept service of process from the person who provided
notification of the alleged infringing activity;
d. Provide a statement, made under penalty of perjury, that you have a good faith belief that the
material was removed/disabled as a mistake or misidentification of the material; and
e. Provide your physical or electronic signature.
The Counter Notice must be submitted to Cravingly’ Designated Copyright Agent by mail or email as set
forth below:
Mail: Cravingly Enterprises.
Email: info@cravingly.in
Subject: DMCA Notice
Be advised that failure to comply with all of the above requirements may invalidate your Counter Notice
under the DMCA. If the Designated Copyright Agent receives your valid Counter Notice, Cravingly may
restore your removed Content or cease disabling it within ten to fourteen (10-14) business days, unless
Cravingly receives notice from the alleged copyright owner (who filed the initial Notice of Infringement)
that said party has filed a court action seeking to stop your alleged infringement.
IX. Trademark Notice
You agree that in the event that Cravingly receives a written demand alleging that any of Your Content
infringes upon, dilutes, tarnishes, or otherwise violates a party’s trademark rights, Cravingly may in
its sole discretion, remove or disable access to such Content until Cravingly receives either:
(a) written confirmation from the party sending such demand that the demand is withdrawn or has been
resolved or
(b) you submit sufficient evidence to satisfactorily rebut the allegations contained in such demand, the
adequacy of such evidence to be determined by Cravingly in Cravingly’ sole discretion and which Cravingly
may reject for any reason without penalty or liability to you. In order for Cravingly to accept such
rebuttal, you expressly acknowledge and agree that such rebuttal shall include:
1) the information set forth in Section VIII hereinabove, except that the such information shall relate
to the disputed trademark at issue rather than disputed copyrighted material and
2) an express, irrevocable, and binding obligation pursuant to which you shall indemnify, defend, and
hold harmless Cravingly from damages, costs, or expenses that Cravingly may incur, in any manner
whatsoever, arising out of or in connection with the disputed Content and Cravingly’ restoration thereof.
The procedures of the DMCA apply only to copyrighted works and expressly exclude any other forms of
intellectual property rights, including any rights in trademarks; the process hereinabove is intended
only to provide a convenient mechanism for addressing trademark disputes and does not, and shall not, be
construed, as imposing any obligation on Cravingly under the DMCA with regards to response times or the
like. Cravingly is under no obligation to restore access to any removed Content even if you provide the
aforementioned rebuttal.
X. Derivative Work
To the extent that you create any Derivative Work absent an explicit agreement with Cravingly, such
Derivative Work shall be owned by Cravingly and all right, title, and interest in and to each such
Derivative Work shall automatically vest in Cravingly. Such right, title, and interest shall be deemed
paid-in-full and royalty free, and Cravingly shall have no obligation to grant you any right in any such
Derivative Work. You hereby irrevocably assign to Cravingly any and all joint or individual ownership,
rights, titles, and interests in and to any and all such Derivative Work, including, but not limited to
all:
(a) copyrights, patents, inventions, rights in mask works, trademarks, trade secrets, and other
intellectual property rights, and all other rights that may hereafter be vested relating to the
Derivative Work, arising under U.S. or any other law, together with all national, foreign, state,
provincial, and common law registrations, applications for registration, and renewals and extensions
thereof;
(b) goodwill associated with the Derivative Work; and
(c) all benefits, privileges, causes of action, and remedies relating to any of the foregoing, whether
before or hereafter accrued, including, but not limited to, the exclusive rights to apply for such
registrations, renewals, or extensions, to sue for all past infringements or violations of any the
foregoing, and to settle and retain proceeds from any such actions. You further assign to Cravingly,
during the full copyright or patent terms and any extensions or renewals of that term, all copyrights and
patents in and to the Derivative Work. In the event that the assignment in this Section of the Agreement
does not provide Cravingly with full ownership, rights, titles, and interests in and to the Derivative
Work, you hereby grant Cravingly an exclusive, freely transferable, freely assignable, irrevocable,
paid-in-full, royalty-free, perpetual, fully worldwide license to reproduce, create derivative works
from, distribute, publicly display, publicly perform, use, make, have made, offer for sale, sell or
otherwise dispose of, and import the Derivative Work in any and every way Cravingly sees fit, with the
right to sublicense each and every such right. Furthermore, you hereby assign and transfer any and all
moral rights in any Derivative Work to Cravingly. You agree where such rights may not be assigned as a
matter of law to cooperate fully with Cravingly during the lifetime of such rights and agree not to take
any interest with regard to such rights that is contrary to the will and goals of Cravingly, and you
agree not to exercise any such moral rights without the explicit prior written consent of Cravingly.
Where any such moral rights may not be assigned as a matter of law, but may pass on to your heirs at law,
you hereby disclaim any and all such moral rights.
XI. Unsolicited Suggestions
Cravingly welcomes your feedback, suggestions, and recommendations. By submitting any feedback,
suggestions, or recommendations to Cravingly you agree that Cravingly may, but shall have no obligation
to, use, modify, distribute, copy, and otherwise exploit such feedback, suggestions, or recommendations
in any manner, as Cravingly sees fit, without restriction or limitation of any kind, and you thereby
grant to Cravingly a paid-in-full, royalty-free, freely and fully transferable, freely and fully
assignable, freely and fully sub-licensable, irrevocable, perpetual, worldwide license to do so and to
allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that
Cravingly’ use or alleged use of such feedback, suggestion, or recommendation infringes any of your
rights.
XII. Links to Sites or Services
The App and the Site may include links or references to websites or services (“Linked Sites”). Linked
Sites are provided for your convenience and information only. Cravingly does not control the availability
and content of Linked Sites. Access and use of Linked Sites, including the information, materials,
products, and services on or available through Linked Sites is solely at your own risk. Any concerns
regarding Linked Sites, or any information, resources, or services therein, should be directed to that
particular Linked Site.
XIII. Transactions with Retailer
The App is a software application that allows you to purchase products and services from your Retailer (a
“Transaction”). You hereby represent and warrant that all Transactions are between you and your Retailer,
that Cravingly is not a party to such Transactions, that Cravingly bears no responsibility for examining
or evaluating the quality or any other aspect of products and services provided by your Retailer, and
that Cravingly shall bear no liability or responsibility to you or any third party resulting from the
Transaction or the products or services provided to you by your Retailer. You also agree that unless
otherwise stipulated by the Retailer, all sales are final and no refunds are permitted. Cravingly is not
a bank, credit union, payment processor, or other financial institution. Transactions are processed by
your Retailer’s payment processor and point of sale system vendor. By placing a Transaction via the App,
you are authorizing your Retailer‘s payment processor and point of sale system vendor to charge your
credit card or other payment method. Transactions processed via the App may also be subject to the terms
and conditions of your Retailer and your Retailer’s payment processor and point of sale system vendor.
Cravingly does not provide refunds via the App for any Transactions. You hereby agree to address any
disputes or refunds regarding any Transaction directly with your Retailer. You hereby represent and
warrant that should you dispute any charge that appears on your credit card or other payment statement
related to any Transaction that any chargeback shall apply directly to your Retailer.
XIV. Product and Service Availability, Timeliness, and Pricing Disclaimer
You hereby represent and warrant that you understand that Cravingly and your Retailer cannot guarantee
the availability of any product or service offered via the App. Furthermore, should you request delivery,
neither Cravingly nor your Retailer can guarantee delivery at any particular time or within any
particular period of time. Additionally, all prices of all products and services displayed in the App are
subject to change without notice. Whilst Cravingly and your Retailer make every effort to provide you the
most accurate, up-to-date information, occasionally, one or more products or services may be mis-priced
on occasion on the App. In the event a product or service is listed at an incorrect price due to
typographical, photographic, or technical error or error in pricing information received from our
suppliers, your Retailer shall have the right to refuse or cancel any orders placed for product listed at
the incorrect price.
XV. Other Users
Other Users use the App to access and use the System for their own purposes in accordance with the
Agreement.
a. User Disputes
While Cravingly reserves the right, but has no obligation, to monitor or moderate disputes between you
and other Users, you are solely responsible for your interactions with other Users.
b. Off-System Interaction with Other Users
You are solely responsible for Your Content and all the consequences of Sharing Your Content with other
Users. You understand that you are solely responsible for any interaction with any other Users that takes
place outside of the System whether online or offline.
XVI. Changes to the App, the System, and the Site
Cravingly, our Retailers, and our affiliates are seeking to improve our integration and the services
available to you. Cravingly may discontinue or change any content, service, function, or feature of the
App, the System, or the Site at any time with or without notice.
XVII. Changes to the Agreement
Notwithstanding Section XXX of this Agreement, Cravingly may modify, alter, or otherwise update the
Agreement or Privacy Policy at any time. Such modifications shall be effective immediately upon posting
on the App. You are responsible for regularly reviewing the Agreement. Your continued access to or use of
the App constitutes your agreement to all such modifications.
XVIII. Acknowledgement
THE SYSTEM, INCLUDING, BUT NOT LIMITED TO, THE APP AND THE CONSOLE, IS ALWAYS UNDER ONGOING DEVELOPMENT
AND TESTING. Cravingly, OUR RETAILERS, AND OUR AFFILIATES DESIRE TO OBTAIN INPUT FROM YOU TO ASSIST US IN
THE ONGOING DEVELOPMENT OF THE SYSTEM. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE WILLING TO
PROVIDE THAT INPUT. ACCORDINGLY, YOU ACKNOWLEDGE THAT THE SYSTEM MAY CONTAIN ‘‘BUGS’’ AND OTHER ERRORS
THAT COULD ADVERSELY AFFECT THEIR USE OR PERFORMANCE; THE SYSTEM, INCLUDING, BUT NOT LIMITED TO THE APP,
MAY CONTAIN INOPERABLE FEATURES, MAY CONTAIN ERRORS, AND MAY BE INCOMPLETE; AND YOU SHOULD TAKE EXTRA
CARE IN PRESERVING YOUR CONTENT IN ORDER TO AVOID ANY LOSS OF YOUR CONTENT AS A RESULT OF USING THE APP.
XIX. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Cravingly DISCLAIMS ALL WARRANTIES,
STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS WITH REGARDS TO THE SITE AND
THE SYSTEM, INCLUDING, BUT NOT LIMITED TO THE APP. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE
SYSTEM, INCLUDING, BUT NOT LIMITED TO THE APP, IS SOLELY AT YOUR OWN RISK. THE SITE AND THE SYSTEM,
INCLUDING, BUT NOT LIMITED TO THE APP AND CONSOLE, ALL CONTENT THEREON, AND ALL Cravingly IP IS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF
ANY KIND EITHER EXPRESS OR IMPLIED. Cravingly DOES NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY
OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR THE SYSTEM WILL BE UNINTERRUPTED OR FREE OF ERRORS,
VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Cravingly DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SITE, THE SYSTEM, OR ANY OTHER Cravingly IP IN TERMS OF USE OF CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE.
XX. User Warranties
You hereby represent and warrant that:
(a) you have the right to enter into and fully perform the mutual covenants contemplated herein,
consistent with the Agreement;
(b) there is no outstanding contract, commitment, or agreement to which you are a party that conflicts
with the Agreement;
(c) you are not subject to any injunctions or settlement agreement with private or public parties that
may limit your ability to comply with the terms of the Agreement;
(d) you shall comply with all applicable laws and regulations;
(e) you understand that use of any product or service, specifically, including, but not limited to, the
consumption of any product is at your own risk and Cravingly and your Retailer shall bear no
responsibility resulting from your consumption of any product.
XXI. Limitation of Liability and Damages
IN NO EVENT WILL Cravingly BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM FOR ANY INDIRECT, SPECIAL, OR
CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, IN CONNECTION WITH OR ARISING OUT OF
THIS AGREEMENT, YOUR USE OF THE SITE OR THE SYSTEM, OR YOUR USE OF ANY PRODUCT OR SERVICE FROM YOUR
RETAILER, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Cravingly BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT
LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST
REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY
NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, THE SYSTEM, ANY OTHER
Cravingly IP, OR ANY CONTENT SHARED BY YOU, OUR RETAILERS, OR OTHER USERS, OR THAT RESULT FROM YOUR USE
OF OR YOUR INABILITY TO ACCESS OR USE THE SITE, THE SYSTEM, ANY OTHER Cravingly IP, ANY CONTENT SHARED BY
Cravingly OR OUR RETAILERS, ANY OF OUR RETAILERS SERVICES, ANY LINKED SITES, OR ANY USER CONTENT, ANY
OTHER INTERACTIONS WITH Cravingly, OR ANY OF YOUR USE OF ANY PRODUCT OR SERVICE FROM YOUR RETAILER, YOUR
INTERACTIONS WITH ANY OTHER USERS, OUR RETAILERS, OR THIRD PARTIES EVEN IF Cravingly OR AN AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN
SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR
LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS
ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED. IF YOU ARE CALIFORNIA RESIDENTS,
YOU HEREBY AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR."
XXII. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD Cravingly AND OUR RETAILERS HARMLESS FROM AND AGAINST ANY AND
ALL CLAIMS, SUITS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, OR DAMAGES, INCLUDING REASONABLE ATTORNEY FEES
AND EXPENSES, WHICH MAY HEREAFTER ARISE, WHICH Cravingly AND OUR RETAILERS MAY SUSTAIN DUE TO OR ARISING
OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY MADE HEREIN, YOUR BREACH OF THE AGREEMENT, YOUR
NEGLIGENT ACT OR OMISSION, YOUR USE OF ANY PRODUCT OR SERVICE FROM YOUR RETAILER, YOUR ACTS IN VIOLATION
OF THE AGREEMENT OR ANY APPLICABLE LAW, STATUTE, OR REGULATION OF THE UNITED STATES OR THE JURISDICTION
IN WHICH YOU RESIDE, OR YOUR CONTENT, OR CAUSED OR ALLEGED TO BE CAUSED, DIRECTLY OR INDIRECTLY, BY YOUR
ACCESS TO AND USE OF THE SITE, THE SYSTEM, ANY OTHER Cravingly IP, OR CONTENT SHARED BY Cravingly, OUR
RETAILERS, OR OUR AFFILIATES OR YOUR USE OF ANY PRODUCT OR SERVICE FROM YOUR RETAILER.
XXIII. Equitable Relief
You agree and acknowledge that the protections in Sections VI, VII, X, and XI the Agreement are directly
related to Cravingly’ goodwill and vital business interests and that a breach of the Agreement would
cause Cravingly significant and irreparable injury, the degree of which may be difficult to ascertain and
for which monetary damages may not provide adequate compensation. Accordingly, in addition to any other
remedy, Cravingly will be entitled to seek immediate injunctive relief against such breach or threatened
breach in any court of competent jurisdiction, without proving actual damage or posting a bond or other
security.
XXIV. Liquidated Damages
You agree and acknowledge that the protections in Sections VI, VII, and X of the Agreement are directly
related to Cravingly’ goodwill and vital business interests and that such breach of these Sections of the
Agreement would cause Cravingly significant and irreparable injury, the degree of which may be difficult
to ascertain. Accordingly, in addition to all other remedies available to Cravingly, Cravingly shall be
entitled to liquidated damages in the amount of ONE MILLION U.S. DOLLARS ($1,000,000). You agree and
acknowledge that these liquidated damages are a fair and accurate estimate of Cravingly’s actual damages
resulting from such breach and shall not be construed as penalty or punitive damages against you.
XXV. Law and Venue
You agree that any action at law or in equity arising out of or relating to the Agreement, the Site, the
System, including, but not limited to the App and the Console, any other Cravingly IP, any Content Shared
by Cravingly, or Cravingly, and all suits and special proceedings relating to the Agreement, the Site,
the System, including, but not limited to the App and the Console, any other Cravingly IP, any Content
Shared by Cravingly, or Cravingly, shall be construed in accordance with and under and pursuant to the
laws of the State of Texas, without giving effect to any principles of conflicts of law. You further
agree that any action at law or in equity arising out of or relating to the Agreement, the Site, the
System, including, but not limited to the App and the Console, any other Cravingly IP, any Content Shared
by Cravingly, or Cravingly, and all suits and special proceedings relating to the Agreement, the Site,
the System, including, but not limited to the App and the Console, any other Cravingly IP, any Content
Shared by Cravingly, or Cravingly, will be filed only in the Dallas Division of the Northern District of
Texas or the state courts in and for Dallas, Texas, and you hereby consent and submit to the personal and
exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit
to extraterritorial service of process.
XXVI. Dispute Resolution
You agree that you will first try to resolve any controversy, claim, or dispute arising out of or
relating to the Agreement, the Site, the System, including, but not limited to the App and the Console,
any other Cravingly IP, any Content Shared by Cravingly, or Cravingly, with the help of a mutually agreed
upon mediator in Dallas, Texas. Any costs and fees other than attorney fees associated with the mediation
shall be paid by you. Attorney fees associated with the mediation shall be paid by the respective
parties.
XXVII. Attorney Fees
In the event that Cravingly must initiate proceedings in connection with or for the enforcement of the
Agreement, Cravingly shall be entitled to recover its cost of suit, including reasonable attorney fees,
both at trial and appellate level.
XXVIII. Survivorship of Benefits
The Agreement shall be binding on and inure to the benefit of the respective parties and their executors,
administrators, heirs, personal representatives, successors, and assigns.
XXIX. International Use
Cravingly makes no representation that the Site or the System is appropriate or available for use in
locations outside the United States. If you choose to access or use the Site or the System from a
location outside the U.S., you do so on your own initiative and you are responsible for compliance with
local laws.
XXX. Waiver of Modification of Agreement
A waiver or modification of the Agreement or of any covenant, condition, or limitation in the Agreement
shall not be valid unless made in accordance with Section XVII of the Agreement or executed in writing
between the parties, and evidence of any waiver or modification shall not be offered into or received in
evidence in any proceeding, mediation, arbitration, or litigation between the parties arising out of or
affecting the Agreement, or the right or obligations of any party under the Agreement, unless the waiver
or modification is made in accordance with Section XVII of the Agreement or executed in writing between
the parties in writing. The parties further agree that the provisions of this Section XXX of the
Agreement may not be waived except as set forth in the Agreement. The failure of Cravingly to exercise or
enforce any right or provision of the Agreement will not constitute a waiver of such right or provision.
XXXI. Severability
To the extent permitted by applicable law, the parties hereby waive any provision of law that would
render any terms of the Agreement invalid or otherwise unenforceable in any respect. In the event that
any terms of the Agreement are held to be unlawful, void, or for any reason unenforceable, then that
provision will be limited or eliminated from the Agreement to the minimum extent necessary and will not
affect the validity and enforceability of any remaining terms of the Agreement.
XXXII. Assignment
Your rights and licenses under the Agreement may not be assigned, transferred, or sub-licensed by you,
but Cravingly’s rights and licenses under the Agreement may be freely and fully assigned, transferred, or
sublicensed by Cravingly without restriction. Any assignment, transfer, or sublicense attempted to be
made by you in violation of the Agreement shall be void ab initio.
XXXIII. Hierarchy of Documents
This Agreement hereby incorporates Cravingly’s Privacy Policy. In the event of a direct conflict between
the provisions of this Agreement and the provisions of the Privacy Policy, the provisions of this
Agreement will control.
XXXIV. Headings
The heading references herein are for convenience purposes only, do not constitute a part of the
Agreement, and will not be deemed to limit or affect any of the provisions hereof.
XXXV. Relationship
Both you and Cravingly are independent contractors. The Agreement creates no agency, partnership, joint
venture, franchise, or employee-employer relationship between the parties unless otherwise noted in
writing by the parties. Both you and Cravingly represent, warrant, and acknowledge that neither party has
the authority to bind the other party or incur any obligation on the other party’s behalf, or represent,
cause, or allow to be represented, encourage, aid, or abet any other third party in the making of
representations that such third party possesses any such authority in any capacity other than as
specified in the Agreement.
XXXVI. Construction
The heading references herein are for convenience purposes only, do not constitute a part of this
Agreement, and will not be deemed to limit or affect any of the provisions hereof. Any capitalized term
in this Agreement shall have the meaning herein defined. Any capitalized term not herein defined, shall
have the meaning given to such term in the Privacy Policy. Any capitalized term not defined in any of the
afore mentioned documents shall be given it by context in the common technical parlance of the Texas
technology community. Any hyperlinked term in this Agreement shall refer to the hyperlink. Any term in
this Agreement written wholly in small capitalized letter shall be deemed a legal citation to relevant
statutory law or a name of a third-party entity. Additionally, throughout this Agreement when context
requires, capitalized terms, singular nouns, and pronouns include the plural and possessive.
XXXVII. Notices
All notices, requests, demands, consents, permissions, and other communications hereunder shall be in
writing by email:
(a) to Cravingly at
info@cravingly.in
(b) to you via the App or at the email address or phone number listed in Your Profile and shall be deemed
received when transmitted and confirmation of delivery or receipt is received.
XXXVIII. Contact Information
Any comments, complaints, or requests for further information can be directed to
info@cravingly.in.