Please read these Terms and Conditions carefully before using the AI Menu application operated by Crea Inc.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Service.
Definitions
- Application refers to AI Menu.
- Company, We, Us, or Our refers to Crea Inc., 2880 Zanker Rd Suite 203, San Jose, CA 95134, United States.
- Service refers to the Application and related website.
- You refers to the individual accessing or using the Service.
Eligibility
You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement.
Account Registration
To access certain features, you may be required to create an account. You agree to provide accurate and complete information and to keep your login credentials secure.
You are responsible for all activity that occurs under your account.
AI Generated Content Disclaimer
The Service provides AI powered menu recommendations and responses.
AI generated responses may contain inaccuracies or errors. The Company does not guarantee the accuracy, completeness, or reliability of AI generated content.
AI Menu does not provide medical, nutritional, dietary, or health advice. Any recommendations are for informational purposes only. The Service does not guarantee that any recommendation is the best, healthiest, safest, or most suitable option for You.
You are solely responsible for verifying ingredients, allergens, and suitability of any food item directly with the restaurant before consumption.
Allergy and Dietary Disclaimer
Although you may provide allergy or dietary information, the Company does not guarantee that recommendations will be free from allergens or suitable for your specific dietary needs.
Restaurants may change ingredients without notice. You must independently confirm all allergy related information with the restaurant.
The Company is not responsible for allergic reactions, health issues, or damages resulting from food consumption. By using the Service, You acknowledge and accept that consuming food recommended by the AI is done entirely at Your own risk.
You assume full responsibility for verifying ingredients, allergens, and suitability before consuming any food item.
Menu Scanning and Image Uploads
You may upload menu images for analysis. You represent that you have the right to upload such content.
You retain ownership of your uploaded content. However, you grant the Company a limited license to process and analyze the content solely to provide the Service.
You must not upload unlawful, infringing, or harmful content.
User Conduct
You agree not to:
- Use the Service for unlawful purposes
- Upload harmful or malicious content
- Attempt to interfere with or disrupt the Service
- Reverse engineer or attempt to extract source code
- Abuse AI features
We reserve the right to suspend or terminate accounts that violate these Terms.
Advertising
The Service may display advertisements, including personalized advertisements. We are not responsible for the content, accuracy, or claims made by third party advertisers. Your interactions with advertisers are solely between you and the advertiser.
Intellectual Property
The Service, including its design, software, AI systems, trademarks, and content excluding user generated content, is the property of the Company.
You may not copy, modify, distribute, or create derivative works without prior written consent.
Refunds and Payments
If the Application offers subscriptions or paid features through Apple App Store or Google Play, payments are processed by the respective platform.
Refunds are subject to the policies of Apple or Google. The Company does not directly process or issue refunds unless otherwise required by law.
Termination
We may suspend or terminate your access at any time if you violate these Terms or use the Service in a manner that may cause harm.
Upon termination, your right to use the Service will immediately cease.
Limitation of Liability
To the fullest extent permitted by applicable law, the Company shall not be liable for:
- Any indirect, incidental, special, consequential, exemplary, or punitive damages
- Any loss resulting from reliance on AI generated content
- Any allergic reactions, health issues, or food related damages
- Any acts, omissions, or conduct of restaurants, advertisers, or other third parties
Your use of the Service is at your sole risk.
To the fullest extent permitted by law, in no event shall the Company's total cumulative liability arising out of or relating to these Terms or the Service exceed the greater of:
- (a) the total amount paid by You to the Company in the twelve (12) months preceding the event giving rise to the claim; or
- (b) one hundred U.S. dollars (USD 100).
The foregoing limitations shall apply even if a remedy fails of its essential purpose.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to You.
Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted or error free operation.
Indemnification
You agree to indemnify and hold harmless the Company from any claims, damages, or liabilities arising from:
- Your use of the Service
- Your violation of these Terms
- Your uploaded content
- Your reliance on AI generated information
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.
If you are a resident of a jurisdiction that provides mandatory consumer protection laws, nothing in these Terms shall limit your rights under those laws.
Dispute Resolution; Binding Arbitration; Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.
The arbitration shall be conducted in California, unless otherwise required by applicable law.
You agree that:
- Arbitration will be conducted on an individual basis
- Class actions, class arbitrations, and representative actions are not permitted
- You waive any right to participate in a class action lawsuit or class-wide arbitration
Notwithstanding the foregoing, either party may bring claims in small claims court where eligible.
If you do not wish to be bound by this arbitration agreement, you must notify the Company in writing within 30 days of first accepting these Terms.
Restaurant and Third Party Responsibility
AI Menu does not prepare, sell, serve, or control any food items listed in restaurant menus.
The Company does not verify the accuracy of menu descriptions, ingredient lists, allergen information, pricing, availability, or food preparation practices.
All food items are prepared and provided solely by the respective restaurant. Any issues relating to food quality, ingredients, allergens, preparation, safety, or service are the sole responsibility of the restaurant.
The Company is not responsible for any acts, omissions, or representations of restaurants or other third parties.
Third Party AI and Service Providers
To provide the Service, we may use third party service providers, including AI model providers, cloud infrastructure providers, and analytics services.
User messages, uploaded images, and related data may be transmitted to and processed by these third party providers solely for the purpose of delivering the Service.
The Company does not control the operation of third party providers and is not responsible for their independent actions.
Force Majeure
The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to:
- Internet outages
- Cloud service provider failures
- Third party AI provider interruptions
- API failures
- Government actions
- Natural disasters
- Power outages
The Service may be suspended, modified, or discontinued due to such events without liability.
Changes to These Terms
We may modify or replace these Terms from time to time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to the updated Terms taking effect.
The updated Terms will include a revised "Last updated" date.
By continuing to access or use the Service after the updated Terms become effective, you agree to be bound by them. If you do not agree to the updated Terms, you must stop using the Service.
Contact Us
If you have any questions regarding these Terms, contact: