Terms and Conditions

Date: 10/15/2024

Welcome to DietaryMatrix. These Terms and Conditions ("Terms") govern your use of our website https://www.dietarymatrix.com (the "Site") and the purchase, subscription, and use of our nutrition and food database APIs (the "Service"). By accessing or using the Site and Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.

1. Definitions

  • "Service" refers to the REST API(s) providing access to our nutrition and food databases, including all associated documentation, features, and data.
  • "Subscription" refers to the periodic payment plan that gives you access to the Service for a specified period.
  • "User" or "Customer" refers to anyone who uses the Site or Services, including individuals, companies, and organizations.

2. Eligibility

  • By using our Service, you represent and warrant that you are at least 18 years of age and have the legal authority to enter into these Terms.
  • If you are using the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms.

3. Account Registration

  • To access the Service, you must create an account on our Site and provide accurate, current, and complete information.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • You agree to notify us immediately of any unauthorized use of your account.

4. Subscription Plans and Payment

  • The Service is offered on a subscription basis, with various plans available for different usage levels and features.
  • Subscription fees are charged on a monthly or annual basis, as chosen during signup. All fees are non-refundable except as provided in these Terms.
  • Payment must be made through our accepted payment methods, and you authorize us to charge your chosen payment method for the subscription fees.
  • We reserve the right to change subscription fees or introduce new charges upon reasonable notice to you.

5. API Usage and License

  • Subject to your compliance with these Terms and the payment of applicable subscription fees, we grant you a limited, non-exclusive, non-transferable license to access and use the API for your internal business or personal use.
  • Your use of the API is limited to the number of API calls permitted by your subscription plan.
  • You may not sublicense, resell, or otherwise redistribute access to the API to third parties without our prior written consent.

6. Acceptable Use Policy

  • Use the Service for any unlawful, fraudulent, or malicious purposes.
  • You agree not to attempt to interfere with or disrupt the Service, Site, or servers.
  • You agree not to use the API in a manner that exceeds the rate limits or other usage parameters specified in your subscription plan.
  • You agree not to reverse engineer, decompile, or otherwise attempt to derive the source code of the API.

7. Data and Intellectual Property

  • All content, data, and information made available through the Service, including but not limited to nutrition and food data, is the intellectual property of Sarva LLC d/b/a DietaryMatrix or its licensors.
  • You may use the data solely for the purposes allowed by your subscription plan and in compliance with these Terms.
  • You agree not to reproduce, distribute, or create derivative works from the data or any part of the Service without our prior written consent.

8. Termination

  • You may cancel your subscription at any time through your account settings. Your cancellation will take effect at the end of your current billing cycle.
  • We reserve the right to suspend or terminate your account and access to the Service at any time if you violate these Terms or if payment is not received.
  • Upon termination, your access to the Service will be revoked, and any data or content associated with your account may be deleted.

9. Disclaimer of Warranties

  • The Service is provided "as is" and "as available" without any warranties of any kind, whether express, implied, or statutory.
  • We do not warrant that the Service will be error-free, uninterrupted, or that the data provided will be accurate or complete.
  • Your use of the Service is at your own risk, and you are solely responsible for any damage to your devices or loss of data.

10. Limitation of Liability

  • To the maximum extent permitted by law, Sarva LLC d/b/a DietaryMatrix and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or relating to these Terms or your use of the Service.
  • Our total liability for any claim arising out of or relating to these Terms shall not exceed the amount you have paid to us for the Service in the 12 months preceding the claim.

11. Indemnification

  • You agree to indemnify and hold harmless Sarva LLC d/b/a DietaryMatrix and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or in connection with your use of the Service or any violation of these Terms.

12. Changes to the Terms

  • We reserve the right to modify or update these Terms at any time. We will notify you of any changes by posting the updated Terms on the Site and updating the "Last Updated" date above.
  • Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

13. Governing Law and Dispute Resolution

  • These Terms shall be governed by and construed in accordance with the laws of Florida/USA, without regard to its conflict of law principles.
  • Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in Florida/USA, unless prohibited by applicable law.

14. Contact Information

  • If you have any questions or concerns about these Terms or the Service, please contact us at tech [at] dietarymatrix [dot] com

15. Entire Agreement

  • These Terms, together with any additional terms and conditions referenced herein or made available on the Site, constitute the entire agreement between you and Sarva LLC d/b/a DietaryMatrix regarding the use of the Service.

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