Terms & Conditions

Updated on: 25 June, 2024

1. Service Scope and Terms Acceptance

 

Stellar App Overview: Stellar is a mobile application designed to enhance your culinary experience by offering a variety of food-related services:

Recipe Creation and Recommendations: Creating custom recipes tailored to user preferences, available ingredients, dietary needs, and other information.

Pantry Management: Enabling efficient management of your food inventory to minimize waste and optimize meal preparation and creation.

Grocery List Organization: Helping you keep your grocery list updated in real-time to simplify shopping and meal planning.

Printing and Sharing: Facilitating easy sharing and printing of recipes directly from the app, allowing you to connect with friends and family.

Cooking Instructions: Providing step-by-step cooking guides suitable for chefs of all skill levels.

Acceptance of Terms: By downloading, installing, or using Stellar, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Your continued use of Stellar after any modifications to these Terms signifies your acceptance of such changes. If you disagree with any part of the Terms, you must discontinue the use of Stellar.

User Age Requirement: Users must be at least 13 years old to use Stellar. By using the app, you affirm that you meet this age requirement.

Modifications to Service and Terms: Stellar reserves the right to modify, suspend, or discontinue any part of its services at any time without prior notice. This includes the ability to limit features or restrict access to parts or all of the app at our discretion. If a revision is material, Stellar will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Stellar’s sole discretion. Your continued use of the app following such changes will constitute your acceptance of these revised terms.

 

2. Content Submission and Rights

Content Licensing: When you upload recipes, photos, or any other content to Stellar, you grant Stellar a global, royalty-free, and non-exclusive license to use, process, display, and distribute this content. This license is for the purpose of enhancing the app’s functionality and promotion and is granted in perpetuity without limitation.

Content Responsibility: You are responsible for any content that you submit to Stellar, including its legality, reliability, and appropriateness. You represent in warrant that: (i) the content is yours, you own it, or you have the right to use it and grant us the rights and license, as provided in these Terms and (ii) the posting of your content on or through the service does not violate the privacy rights, publicity rates, copyrights, contract rights, or any other rights of any person.

Content Moderation: Stellar reserves the right to remove any content. This includes, but is not limited to, content that is illegal or offensive. We are committed to maintaining a respectful and lawful environment.

 

3. Usage Policy

Non-Commercial Use: Stellar is intended for personal, non-commercial use. Should you wish to use Stellar for commercial purposes, you must first obtain express written permission from us. This permission is necessary to ensure compliance with our usage policies.

Service Limitations: While users can create and store an unlimited number of recipes, we reserve the right to limit or suspend service to any user who engages in behavior that is harmful or disruptive to the operation of the app or other users.

 

4. Termination

Voluntary Termination: You may discontinue your use of Stellar and delete your account at any time through the app's interface. Upon termination, all personal information linked to your account will be erased within sixty (60) days, except in cases where we are required to retain information due to legal obligations or to resolve disputes.

Data Retention Post-Termination: While personal information will be deleted upon termination, anonymized data such as user interactions and preferences may be retained and utilized for app improvement purposes.

 

5. User Eligibility and Account Management

Age Restrictions: The minimum age required to use Stellar varies by location due to local laws. By signing up for and using Stellar, you represent that you meet the minimum age requirement applicable in your jurisdiction. For users who are under the age of digital consent as determined by local regulations, parental consent will be required to continue using the application.

Parental Consent: If you are under the age required for consent in your jurisdiction, you must have your parent or legal guardian’s consent to use Stellar. We may take steps to verify that consent is given or authorized by the holder of parental responsibility over the child.

Account Registration and Management: Users can register for a Stellar account using their social media, Apple, or Google accounts. During registration, users may provide optional personal information, such as their name, known allergens, and taste preferences to tailor and enhance the user experience. This information is utilized to enhance service offerings.

Security Features: Users are responsible for safeguarding their own passwords. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Account Inactivity and Termination: Accounts inactive for more than three months will be subject to deactivation, and accounts inactive for over six months may be permanently deleted. Stellar does not provide notifications prior to account deactivation or deletion. Users are encouraged to log in periodically to keep their accounts active.

Compliance with Local Laws: Users must ensure that their use of Stellar complies with the laws of their respective jurisdictions. This includes adherence to local data protection and privacy laws that may dictate more specific or stringent data handling and security measures.

 

6. User Responsibilities and Conduct

Conduct Guidelines: Stellar is dedicated to creating a safe and welcoming environment for all users. To support this, users are expected to:

Engage respectfully with all users, ensuring kindness and non-discrimination in all interactions.

Avoid illegal activities, harassment, spamming, rights infringement, and avoid sharing sensitive or offensive information.

Enforcement of Guidelines: Stellar conducts active monitoring to detect and address violations of these guidelines. Users can report inappropriate content or behavior via the "Give Feedback" button in the app. Stellar reserves the right to take appropriate actions, in its sole discretion including permanent account terminations.

 

7. Intellectual Property Rights

Stellar’s Rights: Stellar retains all right, title, and interest in and to its services, including but not limited to software, code, databases, functionalities, website designs, audio, video, text, photographs, and graphics.

Copyright Protections: Any original content provided by Stellar, such as text, graphics, UI/UX designs, and proprietary algorithms, is protected under applicable copyright laws.

Trademarks: All logos, brand names, and trademarks associated with Stellar are protected under trademark laws and are the exclusive property of Stellar.]

Patents: Any technology patented by Stellar in the development of its services is solely owned by the organization.

License to Users: Stellar grants users a limited, non-exclusive, and revocable license to access and use its services solely for intended personal purposes, subject to compliance with the app’s Terms & Conditions.

Prohibited Uses: Users are prohibited from:

Copying, modifying, distributing, selling, or leasing any part of Stellar’s services or software.

Reverse engineering or attempting to extract the source code of the software, except to the extent that applicable laws prohibit these restrictions.

By adhering to these terms, users agree to uphold the integrity and proprietary rights of Stellar’s intellectual assets.

Protection of Users' Intellectual Property Rights: When users contribute content to Stellar, they retain ownership of their intellectual property rights. By submitting content, users grant Stellar a non-exclusive, perpetual, royalty-free, worldwide, transferable license to utilize, reproduce, modify, display, and distribute the content within the app for operational purposes such as showcasing recipes or sharing content with other users. This license does not transfer ownership and remains valid even after the user’s account is terminated or deleted.

Users can report suspected violations of their intellectual property rights within the Stellar app using the “Give Feedback” button.

Stellar encourages all users to respect intellectual property rights and to utilize the designated reporting channels to notify the app of any suspected infringements, thereby promoting a creative and legally respectful community environment.

 

8. Content and Usage Rights

Restrictions on User-Generated Content: Users are authorized to access and utilize content from Stellar, including AI-generated recipes and user-generated content, exclusively for personal, non-commercial use. Redistribution of any content from Stellar, such as recipes or articles for commercial use without explicit permission is prohibited. 

Using Stellar's content for commercial purposes or financial gain requires prior consent from either Stellar or the rightful content owner. Users must avoid altering any content in ways that could misrepresent the original intent or violate intellectual property rights.

Obtaining Permission for Commercial Use: For commercial use of Stellar's content, users must obtain Stellar's prior written permission.

 

9. Payments, Fees, and Subscriptions

Stellar is a free app. All features, including AI-generated recipes, pantry management, grocery list tracking, and content sharing, are available without cost.

 

10. Limitation of Liability

Stellar shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of or inability to use Stellar’s products or services. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.

 

11. Warranties and Disclaimers

General Disclaimer: Stellar is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, Stellar provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Stellar nor any of Stellar’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (ili) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of Stellar are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Culinary Advice Responsibility: Stellar provides culinary advice and custom recipe functionalities for informational and educational purposes. However, it is the sole, undisputed, and ultimate responsibility of each user to exercise judgment and caution when preparing and consuming dishes based on information from Stellar. Users must assess the suitability, accuracy, and safety of any recipes or culinary advice considering their own individual circumstances, such as personal dietary restrictions, allergies, and overall kitchen safety. Without exception, Stellar is not liable for any outcomes resulting from the application of the information provided.

User Responsibilities: Users are responsible for ensuring that their devices are compatible with Stellar and capable of supporting its functionalities. Users are also responsible for maintaining their devices by installing regular updates and employing adequate security measures to enhance the app’s performance and their overall user experience. Users must take ultimate responsibility for any actions taken based on information provided by Stellar, including but not limited to the preparation, cooking, and consumption of food.

Technical Support and Troubleshooting: If users encounter issues with Stellar, they are encouraged to contact our support team through the “Give Feedback” feature.

 

12. Amendments to Terms and Termination

Conditions for Termination: User access to Stellar may be terminated for violations including, but not limited to, breaches of the Terms and Conditions, illegal activities, intellectual property infringement, abusive behavior, security breaches, or other misuse of the app.

Consequences of Termination: Upon termination, the user's account and all associated data will be permanently deleted from Stellar’s systems, consistent with legal requirements. Users will lose access to any stored content and may be prohibited from re-registering for a new account. Severe violations may result in legal action.

Voluntary Account Termination: Users wishing to terminate their accounts must navigate to account settings and confirm their deletion request. The process commences immediately, verified by a final confirmation email.

Handling of User Data and Content: Personal data may be retained for 60 days post-termination for legal or business purposes.

 

13. Dispute Resolution

Governing Laws and Jurisdiction: The Terms and Conditions of Stellar are governed by the laws of the State of Vermont, USA. Users agree to submit to the exclusive jurisdiction of the state and federal courts located in Vermont for all legal proceedings related to their use of Stellar, except in specific cases where mandatory arbitration is invoked.

Arbitration and Class Action Waiver:

Arbitration Agreement:

Scope: All disputes arising out of or related to your use of Stellar’s services must be resolved exclusively through final and binding arbitration, conducted in English, under the Commercial Arbitration Rules of the American Arbitration Association (AAA).

Venue: Arbitration proceedings shall be held in the state of Vermont unless both parties consent in writing to an alternative location.

Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Class Action Waiver: The parties wave any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent either party is permitted by law or a court of law to proceed with a class or representative action against the other, the parties agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (not withstanding any other provision in this agreement); and (ii) the party who initiates or participates as a member the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.

 

14. Privacy Policy Integration

The Terms and Conditions (T&C) of Stellar incorporate the Stellar Privacy Policy by reference, forming an integral part of the agreement between Stellar and its users. The Privacy Policy is accessible at https://stellareating.com/privacy_policy and delineates the methods by which Stellar collects, uses, shares, and safeguards users' personal information. By utilizing the Stellar app, users acknowledge their consent to the Privacy Policy.

 

15. Indemnification

User Indemnification Obligations: Users agree to indemnify, defend, and hold harmless Stellar, its affiliates, officers, directors, employees, agents, licensors, and suppliers from any and all claims, liabilities, damages (including direct, incidental, and consequential), losses, costs, or fees (including reasonable attorneys' fees) arising out of or related to their use of the Stellar app, any breaches of these Terms and Conditions, any infringement of third-party rights, or from any content that users submit, post, transmit, or make available through the app. This indemnification covers any allegations, damages, or expenses arising from any user-generated content or the user’s use of the app's services.

Exclusions from Indemnification: The obligation to indemnify does not extend to any liabilities or damages arising from Stellar’s own gross negligence or willful misconduct.

Consequences of Breach of Indemnification: Failure to comply with these indemnification obligations may result in further legal action by Stellar to recover any additional costs or damages caused by the user’s non-compliance. This includes any legal and enforcement costs that Stellar incurs due to the user’s failure to fulfill their indemnification responsibilities.

 

16. Third-Party Links and Services

No Reliance on Third Parties: Stellar may use third-party services. Usage of these services is subject to the terms set by the third parties and is independent of Stellar’s Terms and Conditions.

Disclaimer of Liability: Stellar disclaims any responsibility for the content, accuracy, or availability of information provided via these third-party APIs to the app. Stellar does not endorse any third-party products or services and will not be liable for any damages arising from your interactions with such third parties.

 

17. User Feedback

Feedback can be submitted through the app’s “Give Feedback”. Users grant Stellar a non-exclusive, worldwide, perpetual, and royalty-free license without limitation to use such feedback in any manner.

 

18. Survival of Terms

These Terms & Conditions, including but limited to Intellectual Property Rights, User-Generated Content, Indemnification, Limitation of Liability, and Dispute Resolution, shall survive in perpetuity.

 

19. Waiver and Severability

The failure of Stellar to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

 

20. Entire Agreement

These Terms, along with any additional terms or policies referenced herein, constitute the entire agreement between Stellar and the user regarding the features and services. These Terms supersede all prior agreements or communications between the parties regarding the subject matter hereof.

 

21. Contact Information

For any questions or concerns regarding these Terms, users can contact Stellar at: stellar@eatvermont.com. It is the responsibility of users to keep their contact information updated in their account settings for the purposes of communications from Stellar.