Terms of Services

Last Revised: January 2023

 

Acceptance of Terms

Welcome to Chicory.co (the "Site"), a website operated by Recipe Into Reality, Inc. ("Recipe Into Reality", "we", "us", or "our"). We develop, maintain, and operate a suite of software products and services (collectively, the “Chicory Product” or the “Services”) that analyze “Publisher Content” (defined below) to gain contextual insights about the nature of Publisher Content and the purchase intent of an “End User” (defined below). The Chicory Product also connects Publisher Content with ecommerce retailers. 

The following terms and conditions (the "Terms of Service") form a binding agreement between you and us whether you are a party that is viewing, accessing and/or using the Chicory Product to engage with the Publisher Content (an "End User") or a “Publisher” (defined below). Unless otherwise indicated, "you" means End Users and Publishers. We reserve the right to update and change these terms without notice to you. If you do not agree to these terms, you are prohibited from using or accessing this Site or Chicory Product. You may not use the Chicory Product and may not accept the Terms of Service if you are not of legal age to form a binding contract with us. 

The Chicory Product and how Chicory works with End-Users and Publishers

Generally, there are three main categories of users of the Site and the Chicory Product: 1) content publishers who are the owner or operator of a food/cuisine related website, websites, or other content portal with the Chicory Product enabled and made available therein and thereon (each a "Publisher Site"); 2) advertisers who are promoting food/cuisine related brands, products, services, locations and other items either on their own behalf or the behalf of others (Note: we collectively refer to both content publishers and advertisers as “Publishers” and we collectively refer to any and all data, content, and materials derived from or provided by content publishers and advertisers as “Publisher Content”), and 3) End Users. Chicory analyzes websites and apps in order to gain contextual insights Publisher Content and consumer purchase intent in and around food products and then uses those insights to enhance the End-User’s experience when interacting with Publisher Content. Additionally, Chicory connects Publisher Content with ecommerce retailers through the Chicory Product (and the Chicory Product may allow End User interaction with the Chicory Product by and through widgets and buttons installed directly on a Publisher’s Site.)

In addition, the Chicory Product can be broken up into the below sub-products that may be employed by a Publisher individually or in combination with one another:

  1. Recipe Activation – Commerce solution that publishers install on their websites or apps that enables users to add products to shopping carts at various ecommerce retailers for digital recipe content directly from that content.

  2. Chicory Premium – Advertising solution that activates custom, contextually targeted media placements and formats served within the digital recipe card​ of food and recipe websites or apps.

  3. Chicory Audiences – Advertising solution that activates standard display ad placements and formats utilizing a combination of contextual, behavioral, geographic, and other parameters for targeting.

  4. Shoppable Links – Commerce solution that publishers, partners, and clients can link to or feature as a hyperlink that enables users to add pre-determined products to a shopping cart at various ecommerce retailers either at a single pre-determined retailer (single retailer shoppable links) or via an experience that allows the user to choose the retailer (multi retailer shoppable link).

  5. Branded Cart – Commerce advertising solution that allows brands to sponsor products that get added to retailer shopping carts via Chicory’s commerce solutions.

  6. Featured Retailer – Commerce advertising solution that allows retailers to sponsor their position or promote themselves in various ways inside the user experience of Chicory’s commerce solutions.

Hence the Chicory Product includes functionalities that are not limited to:

  1. Accounts that allow consumers to save recipes, view previously ordered recipes.

  2. Technology to create food ontology including but not limited to API, API documentation, web scrapers, natural language processing, and all other methods of data capture, integration, analysis, and processing.

  3. Technology to create organized and condensed shopping lists.

  4. Food ontology including but not limited to the following data: recipe name, serving sizes, ingredient measurements, ingredient names, ingredient instructions, ingredient densities, categorization of ingredients including staple ingredients, categorization of recipes, ingredient synonyms, and ingredient substitutes.

  5. Consumer interaction data with any and all interfaces of the Chicory product.

  6. Business interaction data with any and all platforms of the Chicory product.

  7. Technology that allows a consumer to send a list of products to an ecommerce retailer.

  8. Technology that connects ingredients from recipes to products that an ecommerce retailer has in inventory.

  9. Technology that analyzes Publisher content to gain contextual insights about this content and End User purchase intent

  10. The user interface and any code (HTML/CSS/Javascript) that allows consumers to interact with the Chicory product and send a list of consumer packaged good products to an ecommerce retail basket.

Collectively, when we refer to the Chicory Product in these Terms of Service and in our Privacy Policy we are referring to the above functionalities and the above sub-products, which may be updated or modified in our sole discretion from time to time. 

Recipe Into Reality is not responsible for the selection of or distribution of any tangible items including but not limited to consumer packaged goods (known as the “Processing Activities”). All Processing Activities are handled by ecommerce retailers. Recipe Into Reality does not necessarily have working partnerships with ecommerce retailers even if the website and/or Chicory Product is linked, in any way, to an ecommerce retail platform. All complaints, support, reimbursement, or feedback regarding the Processing Activities should be directed toward the customer service department of the ecommerce retailer with whom you have purchased products. 

Use of Chicory with Ecommerce retailers

By accessing ecommerce retailer data, including but not limited to inventory information, product information like product name, size, quantity and image, and location information and/or by creating an ecommerce retailer account (Username and Password) through Recipe Into Reality and/or linking an ecommerce retailer account to the Chicory Product, you hereby agree to the following: 

  1. That you have given permission to Recipe Into Reality to have access to, store, and utilize your ecommerce retailer login information. The only manner in which Recipe Into Reality Inc can utilize your ecommerce retailer login information is to login into your account, offer products from the ecommerce retailer that you may intend to order and place items that you intend to order in an ecommerce retailer's digital shopping cart, 

  2. That you agree to the applicable Terms of Service set forth by respective ecommerce retailers, 

  3. You understand and acknowledge that Recipe Into Reality Inc is in no way affiliated with any ecommerce retailers. 

  4. That, by giving Recipe Into Reality access to your ecommerce retailer account and login information you give Recipe Into Reality permissions to store and access such information and utilize it per the functions intended by Recipe Into Reality’s platforms.

  5. You assume all risk associated with giving Recipe Into Reality access to such account and login information.

Offline Services

Recipe Into Reality does not guarantee that you can order any recipe from any of the recipe websites with which the Chicory Product currently work. The availability and price of tangible products is dependent on your location and the ecommerce retailery merchant who is facilitating your order. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website without our express written permission.

Data Rights and Publisher Privacy Policies

In consideration for the Services, you agree that we may collect data related to an End User's use of the Services including End User's engagement with the Publisher Content (collectively, the "Data"). Our Data collection, use and disclosure practices are described more fully in our Privacy Policy and include the use of log information, Cookies, and Pixels that record anonymous (Non-Personally Identifiable Information) about End Users.

Publisher shall conspicuously post a privacy policy that describes how such party collects, uses, stores and discloses end user data. Publisher shall not transfer information to Recipe Into Reality that Recipe Into Reality could use or recognize as personally-identifiable about any end user or other individual. Publisher agrees that it will require the Sites to feature an easy-to-understand privacy policy with a link from the Sites’ home page that contains the word “Privacy”, which shall clearly disclose that:

  1. Publisher works with a third party (i.e., Recipe Into Reality) for provision of shopping list and ingredient ordering services and, if applicable, advertisement delivery;

  2. The information collected about a consumer’s visits to this and other websites and/or use of the Chicory Product may be used in any manner allowed under Recipe Into Reality’s privacy policy, including in order to provide advertisements about goods and services of interest to the consumer; and

  3. The consumer has the option not to participate (included with a link to Recipe Into Reality’s privacy policy at https://chicory.co/product-privacy-policy/, which describes the opt-out process).

Recipe Into Reality may from time to time require Publisher to provide specific additional notice mechanisms consistent with applicable laws or industry self-regulations for the purpose of providing end users with information and choices in connection with online advertising.

Disclaimer of Warranty

ALL CONTENT, PRODUCTS, AND SERVICES THAT ARE ON THE SITE, PLATFORMS, THE CHICORY PRODUCT, OR ARE OBTAINED FROM A WEBSITE TO WHICH THE SITE AND/OR THE CHICORY PRODUCT IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. RECIPE INTO REALITY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN RECIPE INTO REALITY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL RECIPE INTO REALITY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

Limitation of Liability

In no event shall Recipe Into Reality and its subsidiaries, affiliates, officers, employees, agents, partners and licensors be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Recipe Into Reality has been advised of the possibility of such damages), resulting from use of the website and/or use of the Chicory Product, content or any related services.

Indemnity

You agree to indemnify and hold Recipe Into Reality (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of these terms, or your violation of any law or the rights of a third party.

Prohibited Conduct

You agree not to: 

  1. Harass, threaten, disrupt or defraud users, members or staff of Chicory or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;

  2. Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;

  3. Impersonate another person or access another user’s account;

  4. Share Chicory-issued passwords (if any) with any third party or encourage any other user to do so;

  5. Misrepresent the source, identity, or content of information transmitted via the Site and/or the Chicory Product, including deleting the copyright or other proprietary rights;

  6. Modify, copy or use the materials and/or the Chicory Product except as expressly authorized by Recipe Into Reality;

  7. Use the materials and/or the Chicory Product for any commercial purpose, or for any public display (commercial or non-commercial);

  8. Attempt to decompile or reverse engineer any software contained on Recipe Into Reality’s website and/or the Chicory Product;

  9. Remove any copyright or other proprietary notations from the materials and/or the Chicory Product; or

  10. Transfer the materials to another person or "mirror" the materials on any other server. 

Any licenses granted to you hereunder shall automatically terminate if you violate any of these restrictions and may be terminated by Recipe Into Reality at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

External Links and Use of Chicory Product

Recipe Into Reality has not reviewed all of the sites linked to its website nor currently using its technology and is not responsible for the contents of any Linked Site. By providing links to other sites, Recipe Into Reality does not endorse, approve or guarantee the information, recipes or products available on these external sites. Use of any such linked web site is at your own risk and responsibility.

DIGITAL MILLENNIUM COPYRIGHT ACT

Recipe Into Reality respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content on our website, any Recipe Into Reality platforms, or offline deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Recipe Into Reality, Inc.

Attention: DMCA

18 West 21st Street, 8th Fl,

New York, NY 10010

If you believe that your work has been copied on Recipe Into Reality’s platform and/or the Chicory Product in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Modifications

Recipe Into Reality reserves the right to make changes to the website, any Recipe Into Reality platforms, services, the Chicory Product, and any and all related policies and agreements, these terms, and the Privacy Policy at any time without notice. When we modify these terms, we will publish the revision date. By using this website, any Recipe Into Reality platforms, the Chicory Product, or any Recipe Into Reality services you are agreeing to be bound by the then current version of these terms.

Feedback

If you provide Chicory with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site and/or use of the Chicory Product (“Feedback”), Chicory shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Chicory a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

General

These terms and the relationship between you and Recipe Into Reality shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Recipe Into Reality agree to submit to the personal and exclusive jurisdiction of the local and state courts located within the County of New York, State of New York, and the federal courts located within the County of New York, State of New York. The failure of Recipe Into Reality to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. These terms constitute the entire agreement between you and us and govern your use of the website, superseding any prior agreements (including, but not limited to, any prior versions of these terms).

Additional Publisher Content Terms and Conditions

Publishers are responsible for any Publisher Content on any Publisher Site. Each Publisher agrees that any Publisher Content will not:

  1. Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;

  2. Violate the privacy, publicity, or other rights of third parties;

  3. Be false or inaccurate or become false or inaccurate at any time;

  4. Be discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;

  5. Disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;

  6. Misrepresent the source of the Content

  7. Contain any virus, Trojan horse, worm, time bomb, cancelbot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

  8. Advocate or encourage any illegal activity; or

  9. Have the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

License to Publisher Content Granted to Chicory when Using Chicory Widget

As a Publisher, you can utilize the Chicory Product in order to analyze your Publisher Content in order to gain contextual insights on this content and End User purchase intent and links this content to products sold by e-commerce retailers, showing a button that End Users can engage with in order to purchase such products. This analysis of content and End Users and linking of content to ecommerce, is designed to improve End User engagement with your Publisher Content. If you install and use the Chicory Widget onto your Site, you authorize us to analyze any and all content on your Site and End User engagement with your Publisher Content, including but not limited to page views and times spent on any web page. Additionally, you authorize us to use, reproduce, distribute, publicly display and publicly perform the Publisher Content, including but not limited to recipe name, serving size, ingredient measurements, ingredient names, recipe photos, to the extent necessary or desired for us to provide the Chicory Product or to feature any or all such Publisher Content on blog.chicoryapp.com or by and through emails or other communications to End Users or other Publishers. We do not endorse any Publisher Content or any opinion, recommendation, or advice expressed in any Publisher Content, and we expressly disclaim any and all liability in connection with any Publisher Content. We may decide whether any Publisher Content is inappropriate or not in compliance with these Terms of Use and reserve the right to remove Publisher Content and/or suspend or terminate your use of any or all of the product comprising the overall Chicory Product at any time, without prior notice and in our sole discretion.

Certain Payment Terms

In addition, to the extent that your use of any of product comprising the Chicory Product results in payments and/or commissions to you in connection with any Publisher Content, please be advised that you must provide valid payment information such as a valid PayPal email address and current and valid contact information, including electronic mail address (collectively, “Payment Info”). We will make all such payments on a “net-60” basis (each a “Payment Date”).  Please be further advised that we reserve the right to cancel and render forfeit any such payments if you do not provide adequate Payment Info within sixty (60) days of the applicable Payment Date. Accordingly, we ask that you please maintain up-to-date Payment Info, for purposes of receiving such commissions and/or payments.