Terms of Service

These are the Terms of Service (the “Terms”) that govern the relationship between you (referred to as "User," "you," or "your") and COOCO, the provider of various services, including the COOCO website located at https://www.cooco.app/(the “Site”), the COOCO mobile application (the “COOCO App”), and any other products or services offered by COOCO (together referred to as the “Services”).

Please review these Terms carefully. By accessing or using our Services or otherwise indicating your agreement to these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Arbitration Notice: These Terms contain an arbitration clause. Except for certain types of disputes mentioned in that clause, you and COOCO agree that disputes between you and COOCO will be resolved by mandatory binding arbitration, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

We reserve the right, in our sole discretion, to change these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site or through the COOCO App. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.

1. Additional Terms: Because COOCO provides a variety of Services, you may be required to review and accept additional terms that apply to specific aspects of the Services. If any such terms conflict with these Terms, the supplemental terms associated with the specific aspect of the Services will govern.
2. Description and Use of the Services: COOCO provides access to the Services to Visitors, Registered Users, Subscribers, and Content Partners.

• Visitors: Individuals who browse the public areas of the Services without registering.
• Registered Users: Users who create an account with COOCO, enabling them to receive personalized content and meals.
• Subscribers: Registered Users who have subscribed to COOCO Premium.
• Content Partners: Registered Users who submit recipes, cookbooks, and other content to COOCO for display on the Services.

3. Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to use the COOCO Services. Individuals under 13 years old are strictly prohibited from using the Services without parental consent.
4. Account and Registration Rules: a. Registration is not mandatory for basic access to COOCO's Services, but it is required to access certain features such as personalized content and meal planning. b. When registering, users must provide accurate information and maintain the security of their accounts. c. Users can register using their email address or social media credentials and are responsible for any activity that occurs through their accounts. d. Users must only create one personal or entity account with permission and must promptly update their contact information as necessary. e. Users are prohibited from transferring their accounts to any other person or entity without obtaining written permission from COOCO.
5. Mobile Service: If you use the COOCO App, you are responsible for any fees incurred, including data, access, and usage fees charged by your internet provider or mobile carrier while accessing the Services through the app.
6. User Content: The Services allow Content Partners to submit various content, such as recipes, images, blog posts, videos, and audio, and allow Registered Users to post messages, comments, likes, and other communications (collectively called "User Content"). You retain ownership of all User Content you provide. 6.1. Representation and Warranty: By providing User Content to our Services, you represent and warrant that: a. You own the rights or licenses to your User Content. b. Your User Content does not infringe third-party rights or violate any laws. c. No payment is required for the use of your User Content. d. You are responsible for protecting and enforcing any intellectual property rights related to your User Content. 6.2. User Content License: You grant COOCO a broad license to use, copy, reproduce, distribute, modify, display, and perform your User Content worldwide, in connection with the COOCO Services. You also grant other users of the Services the right to access and use your User Content. 6.3. Attorney-in-Fact: You appoint COOCO as your agent to enter into and execute any documents necessary to confirm the rights granted in these Terms of Service.
7. Personal Release: As a Content Partner, you grant COOCO the right to use your identification, including your name, image, likeness, and other provided materials, for promotional purposes related to COOCO and the Services. You release COOCO from any liability arising from the use of your materials for promotional purposes.
8. Ownership of Service and COOCO Content: All content on the COOCO Services, unless submitted by users, is owned or licensed by COOCO or third parties. Your use of the Services does not grant you ownership of any COOCO Content.
9. Use of COOCO Content: You may only use COOCO Content as explicitly authorized under these Terms of Service. You are prohibited from exploiting COOCO Content in any way that violates third-party rights or these Terms.
10. Trademarks: Your use of the Services does not grant you any license or right to use trademarks owned by COOCO or third parties unless authorized under these Terms.
11. User Submission: If you submit ideas to COOCO, you acknowledge that COOCO is not obligated to use your ideas and may use them without compensation. By submitting ideas, you grant COOCO a license to use and disclose your ideas without restriction.
12. Prohibited User Conduct: While using the Services, you agree not to engage in the following activities, and you will not assist or permit others to do so: a. Using COOCO to Compete with the Platform: Do not use COOCO's resources or content in a manner that competes with COOCO's services, as determined solely by COOCO. b. Posting Unauthorized Commercial Communications: Spam or unauthorized commercial communications are strictly prohibited on COOCO. c. Unauthorized Use of Content: You are not permitted to copy, aggregate, display, distribute, or perform any content or user-generated content from COOCO without proper authorization. d. Framing or Unauthorized Use of Trademarks: You must not frame COOCO's trademarks, logos, or proprietary information without express written consent. e. Engaging in Unlawful Activities: Engaging in unlawful activities such as multi-level marketing schemes or soliciting login information is prohibited. f. Abusive Behavior: Bullying, intimidation, or harassment of other users is strictly prohibited. g. Posting Offensive Content: User-generated content that contains hate speech, obscenity, threats, violence, nudity, or explicit material is not allowed. h. Developing Inappropriate Applications: Developing or operating third-party applications containing mature content without appropriate age restrictions is strictly prohibited. i. Illegal or Malicious Use: Using COOCO for illegal, misleading, malicious, or discriminatory purposes is not allowed. j. Uploading Malicious Code: Uploading viruses or other malicious code that could disrupt or impair the proper functioning of COOCO is strictly prohibited. k. Unauthorized Modification or Access: Unauthorized modification or access to COOCO's code, software, or systems is not allowed. l. Violation of Service Instructions: Users must comply with any instructions provided by COOCO in connection with the platform. m. Unauthorized Access or Hacking: Unauthorized access to COOCO's systems or networks, including hacking, is strictly prohibited. n. Introducing Harmful Code: Introducing harmful code or software designed to disrupt or damage COOCO's operations or user experience is not allowed.
13. Monitoring: While COOCO is not obligated to monitor your activities, it reserves the right to do so to ensure compliance with these Terms of Service, applicable laws, or court orders.
14. DMCA Copyright Take-Down Policy: COOCO respects copyright law and may terminate accounts of users who repeatedly infringe copyright holders' rights.
15. Links or Services from Third-Party Sites: COOCO may provide links to third-party services for convenience, but it does not control or endorse these services. Users are encouraged to review the privacy policies of such services.
16. Indemnification: Users agree to indemnify COOCO and its affiliates from any claims arising from their use of the platform or violation of these Terms of Service.
17. Disclaimer: COOCO provides the platform as-is without warranties, and users assume all risks associated with their use of the platform.
18. Responsible for 3rd-Party Connected Appliance Operation: Users are responsible for safely operating connected appliances and cannot rely solely on the COOCO App for accident prevention. COOCO does not guarantee the accuracy or reliability of communications related to third-party connected appliances.
19. Applications for Use with Voice-Activated Assistants: When using the COOCO App with voice-activated assistants like Amazon Alexa, Samsung Bixby, or Google Assistant, you must also review and adhere to the respective usage rules of these assistants (the "Usage Rules"). By using these voice-activated assistants in connection with COOCO, you agree to abide by the terms of the Usage Rules.

• Security Settings: If you are required to set up your voice-activated assistant with your COOCO App account, you authorize COOCO to provide information to the assistant based on its security settings. For instance, your device settings may allow retrieval of account information through verbal requests or saving of account information for easier access. By enabling the COOCO App on your voice-activated assistant, you assume responsibility for its use, including any communication to or from COOCO via the assistant.
• Accuracy in Communication: COOCO did not develop or manufacture your voice-activated assistant, and it runs other software that COOCO does not control. Consequently, the assistant may misinterpret your commands. By using the voice-activated assistant with COOCO, you understand the risks and release COOCO from liability for any issues arising from misinterpretation or unintended actions by the assistant.

20. Limitation of Liability: COOCO's liability is limited as permitted by law, and users are advised to be aware of the extent of their own risk when using the platform.
21. Jurisdiction and Governing Law: These Terms are governed by the laws of the Province of Ontario, Canada, with exclusive jurisdiction in the courts of Ontario.
22. Mandatory Binding Arbitration:

• Scope of Arbitration Agreement: Any disputes or claims arising out of or related to these Terms, COOCO, or the Services will be resolved through final and binding arbitration, excluding disputes within the jurisdiction of small claims courts. The arbitration will take place in Ontario, Canada, administered by a mutually agreed arbitration service in accordance with its rules.
• Arbitration Procedures: Arbitrators can grant any relief available in court, with decisions enforceable in any competent jurisdiction. Users may bring claims in small claims court if they qualify.
• Class Action Waiver: Users waive the right to participate in class or representative actions. Only individual claims can be arbitrated, not as part of class actions.

23. Termination:

• Account Termination by User: Users can delete their accounts at any time.
• Account Suspension or Termination by COOCO: COOCO may suspend or terminate accounts for violating these Terms of Service, any other COOCO agreements, or for behavior detrimental to the platform's operation.
• Effect of Termination: Upon account termination, the user's right to access the platform ends. Provisions that by their nature should survive termination will remain in effect, including but not limited to the following sections: Limitation of Liability, Indemnification, Arbitration, and Governing Law.

24. Miscellaneous: If any provision of these Terms of Service is found invalid or unenforceable, the remaining provisions will remain in effect. COOCO's failure to enforce any provision is not a waiver of its right to do so later.

Contact Us: If you have any questions or concerns regarding these Terms of Service, please contact us at support@cooco.app.