Terms and Conditions
Welcome to Vegiano, a digital platform designed to foster the sharing and creation of plant-based recipes, stories, and experiences. By accessing, browsing, or using the platform, you agree to be bound by the following terms and conditions.
Vegiano will always balance its interests with your rights and freedoms.
**Index**
1. Acceptance of Terms
2. Eligibility
3. User Accounts
3.1. Account Registration
3.2. Account Security
4. User Content
4.1. License Grant
4.2. Content Representations
4.3. Content Guidelines
4.4. Filters and diet information
5. Intellectual Property Rights
6. Prohibited Conduct
7. Disclaimers
8. Data Protection, Privacy and local collection laws
8.1 Use of Personal Information
8.2 Sharing of Personal Information
8.3. Data Security
8.4 User Rights and Choices
8.5 Self-delete
8.6 For EU citizens
8.61 GDPR Applicability
8.62 Lawful Basis for Processing
8.63 Data Subject Rights
8.64 Data Protection Officer
8.65 Data Transfers
8.66 Data Breach Notification
8.67 Complaints
8.7 For US citizens
8.71 Applicability
8.72 Children's Online Privacy Protection Act (COPPA)
8.73 California Consumer Privacy Act (CCPA):
8.74 Nevada Privacy Law
8.75 Other State Privacy Laws:
8.76 Data Security
8.77 Changes to Privacy Practices
8.8 Data privacy for international users
8.81 Applicability
8.82 Compliance with Local Laws
8.83 Data Transfers
8.84 Data Subject Rights
8.85 Data Protection Authorities
9. Dispute Resolution
9.1 Informal Resolution
9.2 Binding Arbitration
9.3 Exceptions to Arbitration
9.4 Class Action Waiver
10. Promotions and Contests
10.1 Participation Requirements
10.2 Rules and Regulations
10.3 Prizes and Winner Selection
11. Amendments and Updates to Terms
11.1 Changes to Terms
11.2 Continued Use
11.3 Effect of Changes
11.4 Applicable Version
12. Governing Law and Jurisdiction
12.1 Governing Law
12.2 Jurisdiction
12.3 International Use
13. Termination
13.1 Termination by Vegiano
13.2 Termination by User
13.3 Effect of Termination
13.4 Survival of Terms
14. Third-Party Links and Services
14.1 Links to Third-Party Websites
14.2 Integration with Third-Party Services
14.3 Disclaimer of Liability for Third-Party Content
15. Paid services
15.1 Subscription Plans
15.2 Payment Terms: To access Paid Services
15.3 Cancellation and Refund Policy
16. Copyright Infringement and DMCA Policy
16.1 Reporting Claims of Copyright Infringement
16.2 Counter-Notification Procedures
16.3 Repeat Infringer Policy
17. Limitation of Liability
17.1 Disclaimer of Certain Damages
17.2 Maximum Liability
17.3 Applicability of Limitations and Disclaimers
18. Indemnification
18.1 User Indemnification Obligations
18.2 Indemnification Procedures
18.3 Exclusive Remedy
19. Export Controls and Restricted Countries
19.1 Export Compliance
19.2 Restricted Country Access
20. Notices
20.1 Electronic Notices
20.2 Legal Notices
21. Warranty
21.1 Disclaimer of Warranties
21.2 Non-infringement of Intellectual Property
21.3 Duration of Warranties
22. Miscellaneous
22.1 Severability
22.2 Waiver
22.3 Assignment
22.4 Entire Agreement
22.5 Headings
22.6 Force Majeure
23. Contact
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1. **Acceptance of Terms**
These Terms and Conditions ("Terms") govern your access to and use of the Vegiano platform and its related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any additional terms, guidelines, or rules that may be applicable.
2. **Eligibility**
You must be at least 13 years of age to create an account on Vegiano. By using the Platform, you represent and warrant that you have the legal capacity and authority to enter into these Terms and to comply with all applicable laws and regulations.
3. **User Accounts**
You may need to register for an account to access certain features of the Platform. You are responsible for maintaining the confidentiality of your account information, including your login details, and for all activities that occur under your account. You agree to notify Vegiano immediately if you suspect any unauthorised use of your account or any other breach of security.
4. **User Content**
4.1 **License Grant**: By submitting, posting, or displaying content on or through the Platform ("User Content"), you grant Vegiano a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods.
4.2**. Content Representations**: You represent and warrant that you have all rights, permissions, and consents necessary to submit, post, or display User Content, and that such User Content does not violate any intellectual property rights, privacy rights, or any other rights of any third party.
4.3 **Content Guidelines:** User Content must comply with the content guidelines set forth by Vegiano, including, but not limited to, refraining from posting any content that is abusive, defamatory, infringing, obscene, or otherwise inappropriate. Vegiano reserves the right, but is not obligated, to remove any User Content that violates these guidelines or these Terms.
4.4 **Filters and Diet information**: Content generated by users and [Vegiano.com](http://Vegiano.com) that labels products, recipes, ingredients and other items with allergy tags and other types of dietary restrictions may not be accurate. Vegiano takes no responsibility for this. Users must use their own due diligence with said content.
5. **Intellectual Property Rights**
All content and materials on the Platform, including, without limitation, text, graphics, logos, images, videos, and software, are the property of Vegiano or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use any content or materials on the Platform without the express written consent of The Vegiano Group or its licensors.
6. **Prohibited Conduct**
You agree not to engage in any of the following prohibited activities:
6.1. **Accessing**, tampering with, or using non-public areas of the Platform, or attempting to probe, scan, or test the vulnerability of any system or network.
6.2. **Impersonating** any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
6.3. **Engaging** in any unauthorised use, or misuse, of the Platform, including, without limitation, using the Platform for any commercial purposes or in any manner that may harm Vegiano or its users.
6.4 **Transmitting** any viruses, worms, or other malicious software, or engaging in any activity that is intended to interfere with, disrupt, or otherwise harm the Platform or its users.
7. **Disclaimers**
The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular
8. **Data Protection, Privacy and local collection laws**
By using the Platform, you agree to the collection and use of your personal information.
8.1 **Use of Personal Information**: Vegiano uses personal information to provide and improve the Platform, deliver personalised content, and communicate with you about the Platform and related services.
8.2 **Sharing of Personal Information:** Vegiano may share personal information with third parties in limited circumstances, as outlined in our Privacy Policy.
8.3 **Data Security**: Vegiano takes reasonable measures to protect your personal information from unauthorised access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is completely secure, and Vegiano cannot guarantee the absolute security of your personal information.
8.4 **User Rights and Choices**: You have certain rights and choices regarding your personal information, as described in our Privacy Policy.
8.5 **Self-delete**: You may choose to delete your user account at anytime. Account deletion may take up to 30 days to complete. Deleting your account will also delete all content you have generated including posts, recipes, etc.
8.6 **For EU citizens**
8.61 **GDPR Applicability:** If you are located in the European Union (EU) or the European Economic Area (EEA), the provisions of the General Data Protection Regulation (GDPR) may apply to your use of the Platform. Vegiano is committed to compliance with the GDPR and ensuring that your personal data is protected in accordance with the applicable laws and regulations.
8.62 **Lawful Basis for Processing**: Vegiano processes your personal data based on one or more lawful bases, including your consent, the performance of a contract, compliance with legal obligations, or Vegiano's legitimate interests. When relying on legitimate interests, Vegiano will always balance its interests with your rights and freedoms.
8.63 **Data Subject Rights:** As a data subject under the GDPR, you have certain rights regarding your personal data, including the right to access, rectify, erase, restrict processing, object to processing, and data portability. To exercise any of these rights, please contact Vegiano using the contact information provided in these Terms. Vegiano will respond to your request within one month, unless the complexity and number of requests require an extension, in which case you will be notified of the extension period.
8.64 **Data Protection Officer**: Vegiano has appointed a Data Protection Officer (DPO) to oversee its data protection strategy and ensure compliance with the GDPR. If you have any questions, concerns, or requests related to your personal data, you can contact the DPO using the contact information provided in these Terms.
8.65 **Data Transfers:** Vegiano may transfer your personal data to countries outside the EU or EEA, including the United States, for processing. When transferring your personal data, Vegiano will ensure that appropriate safeguards are in place, such as the use of standard contractual clauses approved by the European Commission, to protect your personal data in accordance with the GDPR.
8.66 **Data Breach Notification:** In the event of a personal data breach that is likely to result in a high risk to your rights and freedoms, Vegiano will notify you without undue delay. Vegiano will also notify the appropriate supervisory authority within 72 hours of becoming aware of the breach, unless the breach is unlikely to result in a risk to your rights and freedoms.
8.67 **Complaints**: If you believe that Vegiano has not complied with the GDPR or has not adequately addressed your data subject rights, you have the right to lodge a complaint with the supervisory authority in your country or with the lead supervisory authority for Vegiano, as identified in our Privacy Policy.
8.2 **For US citizens**
8.21 **Applicability**: If you are located in the United States, Vegiano is committed to complying with applicable federal and state privacy laws and regulations that govern the collection, use, and disclosure of your personal information.
8.22 **Children's Online Privacy Protection Act (COPPA)**: Vegiano complies with the requirements of the Children's Online Privacy Protection Act (COPPA). The Platform is not intended for use by children under the age of 13, and Vegiano does not knowingly collect personal information from children under 13. If you are a parent or guardian and believe that your child has provided personal information to Vegiano, please contact us using the contact information provided in these Terms, and we will take appropriate steps to delete the child's personal information.
8.23 **California Consumer Privacy Act (CCPA)**: If you are a resident of California, the California Consumer Privacy Act (CCPA) provides you with specific rights regarding your personal information, including the right to know, the right to delete, and the right to opt-out of the sale of your personal information. To exercise any of these rights, please contact Vegiano using the contact information provided in these Terms. Vegiano will not discriminate against you for exercising your rights under the CCPA.
8.24 **Nevada Privacy Law**: If you are a resident of Nevada, you have the right to opt-out of the sale of your personal information. To exercise this right, please contact Vegiano using the contact information provided in these Terms.
8.25 **Other State Privacy Laws**: Vegiano is committed to complying with any applicable state privacy laws and regulations that govern the collection, use, and disclosure of your personal information. If you have any questions or concerns about Vegiano's compliance with a specific state privacy law, please contact us using the contact information provided in these Terms.
8.26 **Data Security**: Vegiano takes reasonable measures to protect your personal information from unauthorised access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is completely secure, and Vegiano cannot guarantee the absolute security of your personal information.
8.27 **Changes to Privacy Practices**: Vegiano may update its privacy practices from time to time, in accordance with changes in applicable laws and regulations. Any such changes will be reflected in our Privacy Policy, and you are encouraged to review the Privacy Policy periodically to stay informed about our privacy practices.
8.3 **For international users**
8.31 **Applicability**: If you are accessing the Platform from outside the United States or the European Union, you acknowledge and agree that your personal information may be collected, processed, and stored in the the European Union and other countries where Vegiano or its service providers maintain facilities. The data protection and privacy laws in these countries may differ from those in your country of residence.
8.34 **Compliance with Local Laws:** You are responsible for ensuring that your use of the Platform complies with all applicable local laws and regulations related to privacy and data protection. Vegiano will make reasonable efforts to comply with applicable data protection laws in different jurisdictions, but cannot guarantee compliance with every local law.
8.35 **Data Transfers**: By using the Platform, you consent to the transfer of your personal information to the United States, European Union and other countries where Vegiano or its service providers maintain facilities. Vegiano will take appropriate measures, such as using standard contractual clauses, to ensure the lawful transfer of your personal information and to provide an adequate level of protection. We transfer data globally to maintain platform data performance and reliability.
8.36 **Data Subject Rights**: Depending on the jurisdiction, you may have certain rights regarding your personal information, such as the right to access, rectify, erase, or object to the processing of your personal information. To exercise any of these rights, please contact Vegiano using the contact information provided in these Terms. Vegiano will respond to your request within a reasonable time frame, subject to the requirements of applicable laws and regulations.
8.37 **Data Protection Authorities**: If you believe that Vegiano has not complied with applicable data protection laws or has not adequately addressed your data subject rights, you may have the right to lodge a complaint with the data protection authority in your country or the lead data protection authority for Vegiano, as identified in our Privacy Policy.
9. **Dispute Resolution**
9.1 **Informal Resolution**: If you have any dispute with Vegiano arising out of or relating to these Terms, the Platform, or our services, you agree to first contact Vegiano and attempt to resolve the dispute informally by providing a written notice describing the dispute and your proposed resolution. Vegiano will make reasonable efforts to respond to your notice and engage in good faith discussions to resolve the dispute without resorting to litigation or other formal dispute resolution processes.
9.2 **Binding Arbitration**: If the informal resolution process described above is unsuccessful and the dispute remains unresolved after 30 days from the date of your initial notice, you and Vegiano agree to submit the dispute to binding arbitration administered by a reputable arbitration provider, in accordance with the provider's applicable rules and procedures. The arbitration will be conducted on an individual basis, and any decision rendered by the arbitrator shall be final and binding on both parties. The arbitrator shall have the authority to award any remedies available under applicable law, including injunctive relief and attorney's fees.
9.3 **Exceptions to Arbitration**: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in cases involving intellectual property infringement, breaches of confidentiality, or violations of applicable data protection laws. Additionally, disputes related to the enforcement or interpretation of the Class Action Waiver described below may be resolved in a court of competent jurisdiction.
9.4 **Class Action Waiver**: You and Vegiano agree that any dispute resolution proceedings, whether through arbitration or in court, will be conducted only on an individual basis and not as a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Vegiano each waive any right to a jury trial. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Vegiano is a party to the proceeding. If a court or arbitrator determines that this Class Action Waiver is unenforceable, the arbitration agreement described above shall be void as to the parties, and the parties reserve the right to proceed with the dispute in a court of competent jurisdiction.
10. *Promotions and Contests*
10.1 *Participation Requirements:* Vegiano may occasionally offer promotions or contests through the Platform. In order to participate in these promotions or contests, you may be required to meet certain eligibility criteria, such as age, location, or account status. By entering a promotion or contest, you represent and warrant that you meet all eligibility requirements and agree to be bound by these Terms and any additional terms and conditions specifically applicable to the promotion or contest.
10.2 *Rules and Regulations*: Each promotion or contest will be governed by its own set of rules and regulations, which will be provided to you at the time of entry. These rules and regulations may include, but are not limited to, entry deadlines, methods of entry, judging criteria, and any restrictions or limitations on participation. By entering a promotion or contest, you agree to abide by the applicable rules and regulations and acknowledge that failure to comply may result in disqualification from the promotion or contest.
10.3 *Prizes and Winner Selection*: Prizes for promotions or contests will be described in the applicable rules and regulations. Winners will be selected according to the criteria specified in the rules and regulations and may be chosen by Vegiano, a panel of judges, or through a public voting process. Vegiano reserves the right to verify the eligibility of any potential winner and may require additional documentation or information in order to confirm compliance with the rules and regulations. All decisions regarding winner selection are final and binding on all participants. Prizes are non-transferable and may not be redeemed for cash or substituted, except by Vegiano, who reserves the right to substitute a prize of equal or greater value if the advertised prize becomes unavailable. Any taxes or other expenses related to the acceptance or use of a prize are the sole responsibility of the winner.
11. *Amendments and Updates to Terms*
11.1 *Changes to Terms*: Vegiano reserves the right to amend, modify, or update these Terms at any time and for any reason. If we make material changes to these Terms, we will notify you by posting the updated Terms on the Platform or by sending a notification via the app. You are responsible for reviewing the Terms periodically to stay informed about any changes.
11.2 *Continued Use*: Your continued use of the Platform following the posting of updated Terms or receipt of a notification constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Platform immediately. By continuing to access or use the Platform after any changes to the Terms become effective, you agree to be bound by the revised Terms.
11.3 *Effect of Changes:* The updated Terms will apply to your use of the Platform from the effective date of the changes, and will supersede any prior versions of the Terms, unless otherwise specified. If any provision of these Terms is held to be invalid or unenforceable by a court or arbitrator, the remaining provisions will remain in full force and effect.
11.4 *Applicable Version*: In the event of any inconsistency or conflict between the current version of these Terms and any prior version or communication, the provisions of the current version of the Terms shall prevail, unless expressly stated otherwise in a written agreement between you and Vegiano.
12. *Governing Law and Jurisdiction*
12.1 *Governing Law*: These Terms and any disputes arising out of or in connection with these Terms, the Platform, or our services shall be governed by and construed in accordance with the laws of Norway, without regard to its conflict of law principles.
12.2 *Jurisdiction*: You and Vegiano agree to submit to the exclusive jurisdiction of the courts located in Oslo, Norway, for the resolution of any disputes arising out of or in connection with these Terms, the Platform, or our services that are not subject to arbitration as provided in Section 16 (Dispute Resolution). By using the Platform, you consent to the personal jurisdiction and venue of such courts and waive any objections to such jurisdiction or venue based on inconvenience, lack of personal jurisdiction, or any other basis.
12.3 *International Use*: Vegiano makes no representation that the Platform is appropriate or available for use outside of Norway. Access to the Platform from jurisdictions where its content or operation is illegal or restricted is prohibited. If you choose to access the Platform from a location outside of Norway, you do so at your own risk and are responsible for compliance with all applicable laws and regulations.
13. *Termination*
13.1 *Termination by Vegiano*: Vegiano reserves the right, in its sole discretion, to terminate or suspend your access to the Platform, your account, and any services provided through the Platform, without notice, for any reason, including but not limited to: (i) your breach of these Terms or any applicable laws, (ii) any unauthorised use of the Platform, (iii) any behavior that Vegiano deems to be harmful to the Platform, its users, or its reputation, or (iv) if Vegiano ceases to operate the Platform or provide its services.
13.2 *Termination by User*: You may terminate your account and stop using the Platform at any time by contacting Vegiano using the contact information provided in these Terms or by following the instructions for account deletion within the Platform.
13.3 *Effect of Termination*: Upon termination of your account, your right to access and use the Platform and any services provided through the Platform will cease immediately. Termination of your account will also result in the deletion of all information and content associated with your account, including any saved recipes, videos, and interactions with other users. Vegiano will not be liable for any loss or damage resulting from the deletion of your account or the termination of your access to the Platform.
13.4 *Survival of Terms*: Any provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, warranty disclaimers, indemnity, limitations of liability, and dispute resolution, shall continue to be enforceable and binding upon the parties after termination.
14. *Third-Party Links and Services*
14.1 *Links to Third-Party Websites*: The Platform may contain links to third-party websites that are not owned or controlled by Vegiano. These links are provided for your convenience and reference only. Vegiano has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Platform, you acknowledge and agree that Vegiano is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such websites.
14.2 *Integration with Third-Party Services*: The Platform may also offer integration with third-party services, such as social media platforms, payment processors, or analytics providers. Your use of these third-party services is subject to the terms and conditions and privacy policies of the respective service providers. Vegiano is not responsible for the content, accuracy, or reliability of any information or services provided by these third-party service providers, and your use of such services is at your own risk.
14.3 *Disclaimer of Liability for Third-Party Content*: Vegiano does not endorse, warrant, or guarantee the accuracy, reliability, or quality of any content, products, or services provided by third parties through the Platform, including but not limited to user-generated content, advertisements, or sponsored content. You acknowledge and agree that Vegiano is not responsible or liable for any errors, omissions, or inaccuracies in third-party content or for any loss or damage of any kind incurred as a result of your reliance on such content. Vegiano disclaims all warranties, express or implied, with respect to third-party content, products, or services, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
1. *Paid Services*
15.1 *Subscription Plans*: Vegiano may offer certain features or services on the Platform on a subscription basis ("Paid Services"). By subscribing to a Paid Service, you represent and warrant that you have the legal authority to enter into a binding agreement and agree to be bound by any additional terms and conditions applicable to the Paid Service.
15.2 *Payment Terms*: To access Paid Services, you may be required to provide valid payment information, such as a credit card number or other payment method accepted by Vegiano. By providing your payment information, you authorize Vegiano to charge the applicable fees for the selected Paid Service, as well as any applicable taxes and other charges, to your designated payment method. All fees for Paid Services are non-refundable, except as expressly stated in our Cancellation and Refund Policy below. Vegiano may change the fees for Paid Services at any time, and will provide you with reasonable notice of any such changes. Your continued use of the Paid Services following the effective date of the fee change constitutes your acceptance of the new fees.
15.3 *Cancellation and Refund Policy*: You may cancel your subscription to a Paid Service at any time by using the platform. Upon cancellation, your access to the Paid Service will continue until the end of your current billing period, and you will not be charged for any subsequent billing periods. All fees paid for Paid Services are non-refundable, except in cases where Vegiano, in its sole discretion, determines that a refund is warranted due to extenuating circumstances, such as technical issues that prevent your use of the Paid Service or errors in the billing process. To request a refund, please contact Vegiano using the contact information provided in these Terms and provide a detailed explanation of the issue. Refund requests will be evaluated on a case-by-case basis, and Vegiano reserves the right to grant or deny any refund request at its sole discretion.
16. *Copyright Infringement and DMCA Policy*
16.1 *Reporting Claims of Copyright Infringement*: Vegiano respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Vegiano will respond to notices of alleged copyright infringement that are properly submitted to its designated copyright agent. If you believe that your copyrighted work has been used or displayed on the Platform in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information in writing:
1. A physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing, along with information reasonably sufficient to allow Vegiano to locate the material on the Platform;
4. Your contact information, including your address, telephone number, and an email address;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
16.2 *Counter-Notification Procedures*: If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with our designated copyright agent. To be effective, the counter-notification must be a written communication that includes substantially the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Vegiano may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.
16.3 *Repeat Infringer Policy*: In accordance with the DMCA and other applicable laws, Vegiano has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. Vegiano may also, in its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
17. *Limitation of Liability*
17.1 *Disclaimer of Certain Damages*
To the fullest extent permitted by applicable law, in no event shall Vegiano, its affiliates, directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages (including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to your access to, use of, inability to use, or reliance on the app, its content, or any related services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Vegiano has been informed of the possibility of such damages.
17.2 *Maximum Liability*
In no event shall the total liability of Vegiano, its affiliates, directors, employees, agents, licensors, or suppliers for any claim arising out of or relating to these terms, your use of the app, its content, or any related services exceed the greater of (i) the amount paid by you, if any, for accessing the app during the twelve (12) months immediately preceding the date of the claim or (ii) 100 USD.
17.3 *Applicability of Limitations and Disclaimers*
The limitations and disclaimers in this section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or any other legal or equitable theory, and even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so some of the limitations and disclaimers in this section may not apply to you. In such cases, the liability of Vegiano and its affiliates, directors, employees, agents, licensors, and suppliers will be limited to the fullest extent permitted by applicable law.
18. *Indemnification*
18.1 *User Indemnification Obligations*
You agree to indemnify, defend, and hold harmless Vegiano, its affiliates, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your access to, use of, or alleged use of the app; (ii) your violation of these terms or any applicable law, rule, or regulation; (iii) your infringement or misappropriation of any intellectual property rights, privacy rights, or other rights of any third party; (iv) any disputes or issues between you and any third party; or (v) any User Content or information provided by you to Vegiano. Vegiano reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
18.2 *Indemnification Procedures*
In the event of a claim for which indemnification is required, Vegiano shall provide you with written notice of such claim and the opportunity to assume control of the defense, negotiation, and settlement thereof, using counsel of your choice that is reasonably acceptable to Vegiano. You shall not settle any claim without Vegiano's prior written consent unless the settlement includes a complete and unconditional release of Vegiano from all liability and does not impose any obligations on, or otherwise negatively affect, Vegiano. Vegiano may participate in the defense of any claim at its own expense and with counsel of its choice.
18.3 *Exclusive Remedy*
This indemnification obligation constitutes your sole and exclusive remedy, and Vegiano's sole and exclusive liability, for any claim, loss, or damage arising out of or relating to your access to, use of, or alleged use of the app, your violation of these terms or any applicable law, rule, or regulation, your infringement or misappropriation of any intellectual property rights, privacy rights, or other rights of any third party, any disputes or issues between you and any third party, or any User Content or information provided by you to Vegiano.
19. *Export Controls and Restricted Countries*
19.1 *Export Compliance*
You acknowledge and agree that the Vegiano platform, its content, and any related technologies may be subject to export control laws and regulations of Norway, the European Union, the United States, and other jurisdictions. You represent and warrant that you: (i) are not located in a country that is subject to a government embargo, or that has been designated by any government as a "terrorist supporting" country; and (ii) are not listed on any government list of prohibited or restricted parties. You agree to comply with all applicable export control laws and regulations, including any restrictions on the export, re-export, or transfer of the app, its content, or related technologies.
19.2 *Restricted Country Access*
Vegiano makes no representation that the Vegiano platform or its content is appropriate or available for use in all locations or countries. Access to and use of the Vegiano app may not be legal by certain persons or in certain countries. If you access or use the Vegiano app from outside Norway, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Vegiano reserves the right, at any time in its sole discretion, to limit the availability of the Vegiano app to any person, geographic area, or jurisdiction.
20. *Notices*
20.1 *Electronic Notices*
You consent to receive communications from Vegiano electronically, such as emails, text messages, mobile push notices, or other messages and notifications through the Vegiano app ,your email address and/or sms/phone. You agree that all agreements, notices, disclosures, and other communications that Vegiano provides to you electronically satisfy any legal requirement that such communications be in writing. You further agree to keep your contact information, including your email address, up to date and accurate at all times.
By providing your mobile number, you consent to receive SMS from Vegiano. Message frequency may vary. Standard rates may apply. Reply 'STOP' to opt out. For more info, see our privacy policy