This policy is effective as of 26 August 2021.
Last updated: 11 September 2023
These Terms of Service govern your use of our "Services", which refers collectively to: (1) https://chillicream.com and any other websites we operate and that link to this policy (collectively, "Websites"), and (2) all versions of ChilliCream software, platforms or services (including but not limited to Banana Cake Pop).
By downloading, installing, using or accessing the Services, you agree that you have read and understood these Terms of Service, that you will abide by them and that you agree to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing the Services provided by ChilliCream Inc..
We, ChilliCream Inc., reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
By using the Services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
ChilliCream Inc. grants you a non-exclusive, non-transferable, revocable, non-sublicensable right to use the software application Banana Cake Pop on your computer. That right will terminate on any violation of these Terms of Service.
ChilliCream Inc. Services contain third party code and libraries licensed to us. That includes open source software, of which your right to their use shall be governed by their license agreement instead of this Terms of Service document.
ChilliCream Inc. may release preview versions of our Services for evaluation and testing to you. These come as-is, with no guarantees, and may be removed or modified without notice. Their use is entirely at your own risk, and you accept that these versions may not have been subject to the same security checks, compatibility, stability and so on as non-preview versions of our Services. You should not use them in production environments or environments with sensitive data.
The intellectual property in the materials contained in the Services are owned by or licensed to ChilliCream Inc. and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by ChilliCream Inc. at any time.
Our Services and the materials on them are provided on an 'as is' basis. To the extent permitted by law, ChilliCream Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall ChilliCream Inc. or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Services or its materials, even if ChilliCream Inc. or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, CHILLICREAM INC., OR OUR DIRECTORS OR EMPLOYEES, SHALL, IN NO EVENT, BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF USE, LOST REVENUE OR INCOME OR PROFIT, FAILURE OF SECURITY PROTOCOLS OR BUSINESS INTERRUPTION, THAT MAY BE INCURRED BY YOU ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR OUR SERVICES OR CONTENT, WHETHER OR NOT WE, CHILLICREAM INC., HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. EXCEPT IN CASE OF YOUR VIOLATION OF THE 'LIMITATIONS OF USE' SECTION, NEITHER PARTY'S LIABILITY TO THE OTHER SHALL EXCEED THE FEES PAID BY YOU TO CHILLICREAM INC. IN THE 3 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, CHILLICREAM INC.'S LIABILITY TO YOU FOR SERVICES THAT ARE FREE OF CHARGE SHALL NOT EXCEED USD 50.
The materials appearing on our Services are not comprehensive and are for general information purposes only. ChilliCream Inc. does not warrant or make any representations concerning the accuracy, validity, applicability, likely results, or reliability of the use of the materials on our Services, or otherwise relating to such materials or on any resources linked to from our Services.
UNDER NO CIRCUMSTANCE SHALL CHILLICREAM INC. HAVE ANY LIABILITY TO YOU FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES OR THE USAGE OR RELIANCE OF ANY INFORMATION ON OUR SERVICES.
ChilliCream Inc. has not reviewed all of the sites or resources linked to from our Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by ChilliCream Inc. of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
We may suspend or terminate your right to use our Services and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of Delaware. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.