Terms of use

Welcome to SAPi Terms of Use. We are honored that you have entrusted our platform as a place to find the meals that will provide nourishment for your body and soul. Make yourself at home within our community, but please follow our Kitchen Rules.

Table of Contents

  • 1. Accepting the Terms
  • 2. Additional Documents
  • 3. Your Privacy
  • 4. SAPi Account
  • 5. Your Content
  • 6. Using Our Services
  • 7. Termination
  • 8. Warranties and Limitation of Liabilities
  • 9. Indemnification
  • 10. Disputes
  • 11. Changes to Terms
  • 12. Final Words
  • 13. Contact Information

1. Accepting the Terms

This document and the other documents that are referenced make up our Kitchen Rules, or what is officially called our Terms of Use (the “Terms” for short). The Terms are a legally binding contract between you and SAPi. You must not accept these Terms if you are not lawfully entitled to use the SAPi Services in the country in which you are located or reside, or if you are not of legal age to bind the agreement with us.

This contract sets out your rights and responsibilities when you use SAPi mobile app. By using any of our Services (including just browsing our mobile app), you are agreeing to the Kitchen Rules. If you do not agree with the Terms, you may not use our Services. Please read the Kitchen Rules carefully before downloading, accessing, or using any SAPi Services to be sure you agree with the Terms.

Please note that Section 11. Disputes with SAPi, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

The Terms apply to all SAPi services (“Services”) including SAPi mobile app (on any and all formats or devices), and the websites located at https://www.SAPi.app. The Service provides an online social marketplace where users can list and sell food and beverages (“Items”). Users who purchase Items are called “Buyers,” and users who sell items are called “Sellers.” Users may be both Buyers and Sellers on the Service.

2. Additional Documents

SAPi connects people through a mobile platform to cook, bake, prepare, buy, and sell amazing dishes and beverages. The additional documents are designed to help you better understand the specific rules that are relevant for you depending on your use of the Services:

Kitchen Rules for Everyone. If you use any of our Services, you agree to the Terms of our Privacy Policy and our Anti-Discrimination Policy.

Kitchen Rules for Sellers. If you use SAPi as a platform for sales, these policies apply to you. You can read them here.

Kitchen Rules for Buyers. If you use SAPi as a platform to browse or to buy dishes or beverages, these policies apply to you. You can read them here.

All of these policies are a part of our Terms.Please read the Kitchen Rules carefully before downloading, accessing, or using any SAPi Services to be sure you agree with the Terms.Also, continue reading the rest of the Kitchen Rules as the remaining portion applies to everyone.

3. Your Privacy

Your trust in our Service is vital to us, and we know how important your personal information is to you; therefore it is equally as important to us. Our Privacy Policy provides details about how your information is used when you use our Services. By using our Services, you are also agreeing that we can process your information in the ways in which we established in our Privacy Policy. You can read it here.

Both SAPi and buyers and sellers process users’ personal information (for example, buyer name, mailing address, etc.) and are therefore considered separate and independent data controllers of personal information under both federal and state regulations. That means each party is responsible for the personal information it processes in providing the Services. For example, if a buyer or seller accidentally discloses the name or address of another user, the buyer or seller, not SAPi, will be responsible for that unauthorized disclosure.

If, however, SAPi and buyer or sellers are found to be joint data controllers of users’ personal information, and if SAPi is sued, fined, or otherwise incurs expenses because of something that was done by a buyer or seller as a joint data controller of user personal information, the buyer or seller agrees to indemnify SAPi for the expenses it occurs in connection with the processing of user personal information. See Section 9. Indemnification below for more information about your indemnification obligations to SAPi.

4. SAPi Account

To use the SAPi Services, you must create an account. Here are a few expectations of having an account with SAPi:

  • A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years old are not permitted to use SAPi or the Services. You are responsible for any and all account activity conducted by a minor on your account. For more information, see SAPi’s Minors Policy.
  • B.Be Honest. Provide accurate information about yourself. Using false information or impersonating another person or company is prohibited.
  • C. Watch the Language. You may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
  • D. Be Responsible. You are solely responsible for any and all activity on your account to include financial activity, postings, etc.
  • E. Third-Party & Social Media. Links to social media platforms, such as Facebook, Twitter, Instagram, etc. (all links to third-party social medial platforms are collectively referred to herein as “Linked Sites”) are for your convenience. If you decide to visit any Linked Sites, you do so at your own risk. If you choose to purchase any product or service from Linked Sites, your relationship is with that third party. You agree that SAPi is not responsible for the quality of third-party products or services. Links do not imply that we sponsor, endorse, or are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
  • F. Social Sign-On. SAPi may support sign-on from third-party platforms to make it easier for you to sign in or create an account. If you elect to sign on through a third-party platform, you may use those credentials, which will automatically be linked to your account. Your account is subject to the terms and conditions and privacy policies of such third parties.
  • G. Password Protection. It is important that you keep your account password secure to ensure that the Services used on your account are completed by you.
  • H. Our Relationship. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and SAPi.

5. Your Content

All content that you post on our Services is considered “Your Content.” We do not make any claim to it including anything you post using our Services (kitchen names, profile pictures, listing photos, descriptions, comments, ratings, usernames, etc.)

A. Be Responsible. You are wholly responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing on violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant SAPI a license to use it. We do not claim any ownership of Your Content, but we have your permission to use it to help SAPi function and grow.

C. Rights you Grant SAPi. By posting Your Content, you grant SAPi a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote SAPi, your Kitchen, or the Services in general, in any format and through any channels, including across any SAPi Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

D. Reporting Unauthorized Content. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If Your Content is alleged to infringe another user’s intellectual property, we will take appropriate action, such as disabling it or terminating your account if you are found to be a repeat infringer.

E. Inappropriate, False, or Misleading Content. You must not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Using Our Services

You are granted a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

A. Do Not Break the Law. You must not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. It is your responsibility to obtain any permits or licenses that your kitchen requires, and to meet applicable legal requirements in the applicable jurisdiction(s). You may not sell anything that violates any laws, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any unlawful acts or crimes against SAPi, another SAPi user, or a third party.

B. Do Not Harm Our System. You must not interfere with or try to disrupt our Services in any way.

C. Compliance With Our Trademark Policy. The name “SAPi” and other SAPi marks, phrases, logos, and designs that we use in connection with our Services (the SAPi Trademarks), are trademarks, service marks, or trade dress of SAPi.

7. Termination

Your Choice. We’d love for you to stay a part of our community; however, you may terminate your account with SAPi at any time from your account settings.

Our Choice. We may suspend or terminate your account and your access to the Services should we have reason to believe you, Your Content, or your use of the Services violate our Terms.
In the case that SAPi terminates your account, you may lose any information associated with your account, including Your Content.
SAPi reserves the right to change, suspend, or discontinue any of the Services for any or all users, at any time, for any reason and will not be liable for the effect that any changes to the Services may have, including income or the ability to generate revenue through the Services.

8. Warranties and Limitation of Liability

Purchased Items. SAPi does not prepare, cook, store, or inspect any of the items sold through our Services. We provide the platform; the products produced are sold directly by independent sellers, so SAPi cannot and does not make any warranties about the quality, safety, or even the legality of products sold. Any legal claim related to a purchased product must be brought directly against the seller of the item. Your release SAPi from any claims related to items sold through our Services, including misrepresentations by sellers or products that cause physical injury.

Content. SAPi makes no representations concerning any content posted by users through the Services and is not responsible for the accuracy, copyright compliance, legality, or decency of content posted. SAPi is released from all liability relating to the content.

Interactions through the Services. Users are not screened and SAPi is released from all liability relating to interactions between users. Good judgment is encouraged in all interactions, especially those that take place face-to-face.

Third-Party Services. Access to third-party services such as Facebook, Twitter, and Pinterest is done at users’ own risk. SAPi is not a party to the agreements and terms of use provided by third- party services.

Warranties

SAPi is dedicated to making our Services the absolute best that they can be; however, we do understand that sometimes things can go wrong. SAPi Services are provided ‘AS IS’ and without any kind of warranty (expressed or implied).

We do not guarantee that: (1) Services will be secure or available at any particular time or location; (2) Any defects or errors will be corrected; (3) Services will be free of viruses or other harmful materials; or (4) results of using the Services will meet your expectations. Services are used at the risk of users. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to all users.

Liability Limits. To the fullest extent permitted by law, neither SAPi, nor our employees or directors shall be liable to any user for any lost profits, revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall SAPi aggregate liability for any damages exceed the greater of one hundred ($100) US dollars (USD) or the amount the user paid to SAPi in the past twelve months. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to all users.

9. Indemnification

Should SAPi get sued because of something that a user did, the user agrees to defend and indemnify SAPi (the user will defend SAPi and any and all employees) and hold SAPi harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from user actions, use (or misuse) of our Services, breach of the Terms, or user’s account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if the user is indemnifying us, in which case the user agrees to cooperate with SAPi so we can execute our strategy.

10. Disputes

All disputes are encouraged to be resolved amicably between users; however, when not possible, disputes should be emailed to customer support at support@SAPi.app. SAPi will attempt to help resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. SAPi has no obligation to resolve any disputes.

Release of SAPi. You release SAPi from any claims, demands, and damages arising out of disputes with other users.

Disputes with SAPi. Should users find themselves disputing with SAPi, they are encouraged to email customer support at support@SAPi.app. However, if the issue cannot be resolved, these rules will govern any legal dispute involving our Services.

A. Governing Law. The Terms are governed by the laws of the State of South Carolina, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the country the user lives.

B. Arbitration. Any unresolved dispute shall be settled by binding and confidential arbitration, a notice of which must be sent by the user to SAPi, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If a resolution is not reached within sixty (60) calendar days, the user or SAPi may commence an arbitration proceeding. The arbitration will be conducted in a forum convenient to both parties, and if the claims involved total less than $10,000 US dollars (USD), then will be conducted through document submission or telephonic hearing unless in-person arbitration is legally required. The arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in your jurisdiction. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes. If the value of the relief sought is $10,000 US dollars (USD) or less, at your request, SAPi will pay all Arbitration Fees. Notwithstanding the foregoing, SAPi may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. USERS ARE HEREBY GIVING UP THE RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have the authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law. This Arbitration Agreement does not preclude users from bringing issues to the attention of federal, state, provincial, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by the User within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Agreement language will apply.

The unenforceability of any provision of these Terms will not affect the enforceability of any other provision. If any provision of these Terms is deemed to conflict with another, SAPi will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of these Terms or under applicable law will not be construed as SAPi’s waiver of any enforcement rights under the same or different circumstances at any time in the future.

11. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we will provide you an update by posting the changes through the Services and/or sending you an email or message about the changes. Changes will be effective upon the posting of the changes unless otherwise specified. Users are responsible for reviewing and becoming familiar with any changes.

12. Final Words

The Terms, including all of the policies that make up the Terms, supersede any other agreement between users and SAPi regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

13. Contact Information

Please contact us with any questions, comments, or to report a violation of these Terms:

legal@SAPi.app