Terms and Conditions
Hackberry Terms of Service and Use Agreement
Welcome to Hackberry Foods! Thank you so much for being here.
This Hackberry Terms of Service and Use Agreement (the “Agreement”), is a contract between you (“you,” “your,” or “Service Provider,” to the extent you open an Account (defined below) to give feedback on Hackberry recipes (defined below)) and Fractal Labs, Inc (together with its parents and affiliates, “Fractal Labs, Inc.,” “Hackberry Foods,” “Hackberry,” “Hackberry Premium,” “we,” “our” or “us”). This Agreement governs your access to and use of the Hackberry app (the “App”) and all other interactions with Fractal Labs, Inc.
The Hackberry mobile application (the “App”), and all information, content, recipes, photos, instructions, notes, products, software and other materials made available to you on or through the App (collectively, the “Hackberry Services”).
THIS AGREEMENT REQUIRES THE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ SECTION 12 BELOW FOR MORE INFORMATION.
You must be at least 18 years old and capable of forming a binding contract with us to use the Hackberry Services. If you are under 18 years old, you may not use the Hackberry Services. By signing up, you agree that you are at least 18 years old.
We may update the Agreement at any time, at our sole discretion. It’s important that you review the Agreement whenever we update it because if you continue to use the Hackberry Services after we have posted the updated Agreement on the Site, you are indicating to us that you agree to be bound by the updated Agreement. If you don’t agree to be bound by the updated Agreement, then you may not use the Hackberry Services anymore. Because our Hackberry Services are evolving over time, we may change or discontinue all or any part of the Hackberry Services, at any time and without notice, at our sole discretion.
1. DESCRIPTION OF SERVICES
You can use the Hackberry app to find recipes. You can also submit feedback to Hackberry Foods and Fractal Labs, Inc. by using the feedback form embedded into the recipe page.
You can also upgrade to Hackberry Premium through in-app purchase. Hackberry Premium gives you access to the recipes that are behind the Hackberry Premium paywall in addition to the Free ones.
Hackberry and/or Fractal Labs, Inc. may modify, add, change, or remove recipes at any time without any warning. Hackberry and/or Fractal Labs, Inc. may move recipes from Hackberry Premium to Free or from Free to Hackberry Premium at any time without any warning.
2. REGISTRATION; ACCOUNT CREATION
In order to become a user of the App, you must register and create an account with us (an “Account”). At the time you create an Account, you will provide us with an email address. When you register or update your information, you agree that you will not impersonate any other person or use an identity that you are not legally authorized to use.
At the time of registration, you will not be required to establish a password for your Account. You are solely responsible for maintaining the security of your phone. You’re responsible for all activities that occur under your Account, whether or not you know about them. You may create more than one Account by deleting the App and reinstalling it.
We will automatically attach all feedback and survey results you provide with the email address you provide.
You agree that we may contact you at the email address you provide during sign-up and/or when completing one of the surveys. We may contact you for feedback follow-up, additional questions, and/or other concerns about your relationship with Hackberry or with Fractal Labs, Inc.
3. USE OF HACKBERRY SERVICES
By signing up, you agree to participate in the recipe feedback study being conducted by Fractal Labs, Inc. You understand that participation in the study is voluntary and you agree to immediately raise any concerns or areas of discomfort by contacting firstname.lastname@example.org.
You understand that you will not be compensated in any way in exchange for using the app, testing the recipes, providing personal information about yourself or others, providing feedback on recipes, filling out the surveys, providing feedback on other Hackberry content, or providing feedback on anything owned or created by Fractal Labs, Inc. You understand that your use of the App is fully voluntary and you can stop using the App at any time. You are not required to give feedback should you choose not to. You are not required to test any recipes if you choose not to.
You understand that by following the recipe directions provided on the app, you might be interacting with potentially dangerous cooking equipment including, but not limited to, blenders, food processors, ovens, open flames, stoves, and knives. You agree to follow the recipes at your own risk. You agree that Fractal Labs, Inc. is not liable for any injury or damage that may occur when following the recipe instructions.
You agree not to copy, decipher, decompile, disassemble or reverse engineer or attempt to interfere with the operation of any part of the Hackberry Services or Fractal Labs, Inc. You agree not to interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services. You agree not to collect or store any personal information from the Hackberry Services from other users of the Hackberry Services. You agree not to use any data mining, robots, or similar data gathering and extraction tools to access the Hackberry Services or obtain content, data or information from the Hackberry Services, or access the Hackberry Services by any means other than the interfaces provided by Fractal Labs, Inc. You agree not to attempt to probe, scan or test the vulnerability of any Fractal Labs system or network or breach any security or authentication measures. You agree not to access, tamper with, or use non-public areas of the Hackberry Services or our computer systems.
You agree to keep all recipes and Hackberry content confidential. You agree not to sell, rent, lease, or license the Hackberry Services or access to the Hackberry App, or otherwise exploit the Hackberry Services for any commercial purpose that is not expressly permitted by us;
You agree not to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; you agree not to use any meta tags or other hidden text or metadata utilizing a Hackberry or Fractal Labs, Inc. trademark, logo, URL or product name without our express written consent; you agree not to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Hackberry Services or Proprietary Rights to send altered, deceptive or false source-identifying information. You agree not to use, display, mirror or frame the Hackberry Services or any individual element within the Hackberry Services, Hackberry’s name, any Hackberry trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent. You agree not to post on or transmit to or through the Hackberry Services any false or misleading information. You agree not to post on or transmit to or through the Hackberry Services any logos, trademarks or service marks of any third party unless you have obtained authorization from such third party or are otherwise authorized to do so by applicable law. You agree not to post on or transmit to or through the Hackberry Services, any content or statement that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
You agree not to post on or transmit to or through the Hackberry Services any virus, worm, trojan horse, malware, spyware, adware or other malicious programs or codes. You agree not to impersonate, or misrepresent your affiliation with, any person or entity. You agree not to use the Hackberry Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by the terms of this Agreement. You agree not to violate any applicable law or regulation. You agree not to encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Hackberry Services, we have the right to do so for the purpose of operating the Hackberry Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Hackberry Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
This Agreement is not intended to and does not transfer any ownership rights in the Hackberry Services or any Fractal Labs, Inc. work of authorship, copyright, trademark, service mark, patent or other intellectual property right.
4. CHANGES IN YOUR DIET
YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROVIDER BEFORE YOU CHANGE YOUR DIET AND YOU SHOULD DISCUSS WITH HIM OR HER ANY MEDICATION YOU ARE TAKING TO MANAGE A CONDITION. TRANSITIONING TO A WHOLE-FOOD, PLANT-BASED DIET MAY RESULT, IN POSSIBLY A VERY SHORT TIME, IN IMPROVEMENT IN YOUR CONDITION FOR WHICH YOU ARE TAKING MEDICATION, AND YOUR DOCTOR MAY DECIDE TO ADJUST YOUR MEDICATIONS AND/OR DOSAGE. THIS IS NOT BECAUSE OF A PROBLEM WITH THE LIFESTYLE. IT IS BECAUSE YOUR HEALTH MAY IMPROVE AND AS A RESULT YOU MAY NEED A DIFFERENT DOSAGE THAN YOU ARE TAKING NOW. IT IS VERY IMPORTANT THAT YOU AND YOUR DOCTOR MONITOR THE SITUATION SO YOU TAKE ONLY THE AMOUNT OF MEDICATION YOU NEED.
FRACTAL LABS, INC. SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS OR RISK, PERSONAL OR OTHERWISE, WHICH IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE AND APPLICATION OF ANY OFFERINGS OR SERVICES, INCLUDING ANY INFORMATION ON THE SITES AND ANY CHANGE IN THE USER’S DIET.
5. RELATIONSHIP OF THE PARTIES
Service providers access and provide feedback on recipes or other Hackberry content in their personal capacity as an unpaid volunteer and not as an employee or independent contractor of Hackberry Foods, Fractal Labs, Inc. or its Customers. Neither this Agreement nor any registration for or use of the Hackberry Services will be construed as creating or implying any relationship of employment, agency, franchise, partnership, joint venture or employer-employee between you and Hackberry Foods or you and Fractal Labs, Inc. Service Providers are not employees or agents of Fractal Labs, Inc.
We may verify information provided to us by you, but have no obligation to do so. We do not perform background or credit checks on users or Service Providers, but we reserve the right to do so in accordance with applicable law. We may provide information to you about Customers or other Service Providers. However, any such information will be based solely on information provided to us by the Customer or Service Provider, as applicable, and is not a guarantee, warranty or endorsement regarding the Customer or Service Provider.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) 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.”
6. FINANCIAL TERMS
You understand that you are entitled to no compensation or payment of any form in exchange for being a user of the App. You agree that your providing feedback and other participation on the app is unpaid and voluntary.
7. DISCLAIMER OF WARRANTIES
THE HACKBERRY SERVICES ARE PROVIDED BY HACKBERRY FOODS AND FRACTAL LABS, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HACKBERRY SERVICES. YOU AGREE THAT YOUR USE OF THE HACKBERRY SERVICES IS AT YOUR SOLE RISK. WE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE HACKBERRY SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FRACTAL LABS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE.
8. LIMITATION OF LIABILITY
FRACTAL LABS, INC. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OF THE HACKBERRY SERVICES, WHETHER IN TORT OR CONTRACT. IN NO EVENT WILL FRACTAL LABS, INC. TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE HACKBERRY SERVICES EXCEED THE GREATER OF THE AMOUNTS PAID TO YOU FOR YOUR TASKS IN THE PRECEDING TWELVE (12) MONTHS OR ONE HUNDRED DOLLARS ($100).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You will indemnify and hold harmless Fractal Labs, Inc. and its employees, directors, agents and representatives from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity (“Claim”) that relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) your survey results or feedback; and/or (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Hackberry Services.
10. TERM AND TERMINATION
This Agreement will become effective upon the earlier of your first visit to the Site or use of the App or Hackberry Services and will remain in effect until terminated. Unless both you and Fractal Labs, Inc. agree otherwise in writing, either of us may terminate this Agreement at our sole discretion, at any time, with or without cause, upon written notice. In the event you properly terminate this Agreement, you may no longer access your Account or access the Hackberry Services.
Without limiting Fractal Labs, Inc’s other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Task, or your access to the Hackberry Services, and refuse to provide any or all Hackberry Services to you if: (a) you breach any terms and conditions of this Agreement or any other policies or procedures which Fractal Labs has made you aware of; (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe, in our sole discretion, that your actions may (x) cause legal liability for Fractal Labs, you, a Customer or a Service Provider, or (y) may involve illicit or illegal activity. Once you have been informed that your Account is suspended or terminated, you must not continue to use the Hackberry Services under the same Account or a different account or reregister under a new account without Fractal Labs’s prior express written consent.
11. TERMS OF SALE
Hackberry offers different subscription plans through Hackberry Premium. Note that Hackberry Premium provides recipes only and does not deliver or provide ingredients.
Hackberry Premium is a subscription service. Unless paused or cancelled, you will have access to all of the Premium recipe content as well as the Free recipe content. Prices are subject to change. When you register for Hackberry Premium, you expressly acknowledge and agree that (a) Fractal Labs, Inc. (or our third party payment processor) is authorized to charge you on a monthly, annual basis, or one-time basis for your Subscription (in addition to any applicable taxes and other charges) for as long as your Subscription continues, and (b) your Subscription is continuous until you cancel it or we suspend or stop providing access to the Sites or Products in accordance with these terms.
You may cancel your Subscription, change your plan, or change the settings on your Subscription through Apple. YOU ARE RESPONSIBLE FOR ALL SUBSCRIPTION PLAN CHARGES (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED BEFORE THE EFFECTIVE DATE OF YOUR CANCELLATION.
In the event you cancel your Subscription, please note that we may still send you promotional communications about Hackberry Foods.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Account, you can do so at any time by updating your payment and subscription preferences through Apple.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, will be charged in addition to the prices shown on the Sites. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of merchandise or a plan, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Subscription(s) in accordance with the cancellation policies set forth.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to make partial shipments of any Order, to discontinue offering certain Products, to substitute Products without prior notice, or cancel an order outright. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at email@example.com.
The information regarding price, Product specifications, and availability contained on the Site has been provided by our manufacturers, vendors, and suppliers (“Suppliers”). The prices charged by Suppliers on the Site are the prices agreed upon by us at the time the Supplier joins the Site. Although we will attempt to make certain that the prices listed on the Site are accurate, and that out-of-stock items are clearly marked or removed from the inventory on the Site, prices and product availability may differ and are subject to change, including if you select a delivery or pickup date that is different from the date on which you place your order. Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. In the event that the checkout price and the price posted on the Site are different, the checkout price will prevail in every case.
Of course, if you become aware that the Site contains inaccurate information, please contact us.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. When you purchase a Product from Hackberry Foods and/or Fractal Labs, Inc., any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the product has arrived in a good condition. If you have any reason to believe that any Product in your delivery is not suitable for consumption, contact us at firstname.lastname@example.org. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
You are not permitted to resell or otherwise use the Products for commercial purposes.
If you are dissatisfied with a Product for any reason, please contact us at email@example.com. Certain items are not returnable unless required by law. Any full or partial refunds given will be by credit to the credit card used to buy the item or service. Return and refund policies vary by product or service as follows:
(a) Baking mixes (including pancake mix). All sales are final. In cases of a defect or damage, notify us within 30 (thirty) days of sale. Food items cannot be returned.
(b) Hackberry Premium - Monthly Subscription: All sales are final, but you may cancel at any time. You will be charged on the first of the month, and you must cancel before the first of the month in order to avoid being charged. Once you cancel, you will have access to Hackberry Premium until the end of the month for which you have last paid.
(c) Hackberry Premium - Lifetime Access: All sales are final.
12. ARBITRATION AGREEMENT
By agreeing to the Agreement, you agree that you are required to resolve any claim that you may have against Fractal Labs, Inc., on an individual basis in arbitration, as set forth in this Arbitration Agreement.
13. Mandatory Arbitration of Disputes.
You agree that any dispute, claim or controversy arising out of or relating to (a) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Hackberry Services at any time (collectively, "Disputes") will be settled by binding arbitration between you and Fractal Labs, Inc., except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Fractal Labs, Inc. are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Fractal Labs, Inc. otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
14. Entire Agreement.
This Agreement, together with all policies and other agreements incorporated by the terms of this Agreement comprise the entire agreement between you and Fractal Labs, Inc. with respect to the Hackberry Services and supersede all prior agreements between you and us, written or oral, regarding the subject matter contained herein and therein. This Agreement cannot be modified orally. In the event of any conflict between the terms of this Agreement and any other policies or agreements of Fractal Labs, Inc., the terms of this Agreement shall prevail.
15. Contact Information.
If you have any questions about this Agreement, please contact us at: Fractal Labs, Inc. by emailing firstname.lastname@example.org