Typhur Terms of Service

Last updated: [Jun 25^th , 2023]

1. General Terms

1.1 Typhur Inc. and their affiliates (“Typhur”, “We” or “Us”) welcome You (“User(s)” or “You”) to our Services (as defined below).

1.2 This Typhur User Agreement (this “Agreement”) is entered into by and between You and Typhur. This Agreement and the Typhur Privacy Statement (the “Privacy Statement”) sets out all the information necessary for Users to use or purchase various products, services, technologies, and functions provided by Typhur through our websites, mobile applications and/ or other related software (collectively, the “Services”or “Product through the Service”). The mobile applications or other related software are provided exclusively and solely in relation to the Services by Typhur (collectively, the “Software”). This Agreement and the Privacy Statement contains the whole agreement between You and Typhur in relation to the Services; any other advice or information, oral or written, obtained in relation to the use of the Services shall not be binding upon Typhur without Typhur’s written consent.

1.3 Any reference to applicable laws, rules or regulations means a reference to the laws, rules or regulations that are enacted and in force in the territory, province and/ or country in which the User resides in while using the Services.

2. Purpose of this Agreement

2.1 This Agreement includes the terms and conditions applicable to You regarding your use of, and access to, the Services. This Agreement tells You who We are, how We will provide the Services to You and what activities are permitted or not permitted by or in connection with the Services. Please carefully read and fully understand this Agreement, especially any clauses about exclusion or limitation of liability, governing laws, dispute resolution, and other important terms written in bold to draw your attention.

2.2 Once You use the Services with or without a Typhur Account, or agree to this Agreement by clicking the checkbox when you register for your Typhur Account or sign in to your Typhur Account, it is deemed that You and Typhur have entered into a binding legal contract, and You and Typhur shall perform obligations respectively in accordance with this Agreement. If You do not agree to this Agreement, You may not be able to access or use the Services or register your Typhur Account.

3. Legal Requirements

3.1 You explicitly declare and undertake that You have sufficient legal rights, competent civil capacity, and authorization (if applicable) to sign and fulfill this Agreement. Your signing and fulfillment of this Agreement will not cause conflicts with or breach of any other agreement or arrangement that You are involved with.

3.2 No one under legal age (according to the applicable law in your province/ territory/ country) is permitted to use these services without following the requirements as prescribed hereunder. If You are under the applicable legal age, please make sure to read this Agreement with your parents or legal guardians. As a parent or legal guardian, please ensure that they have clearly reviewed and discussed the contents of this Agreement with the User before the User uses these Services. In particular, if You are a child or a minor (according to the applicable law in your province/ territory/ country), please obtain the prior consent and guidance of your parents or legal guardians before You use the Services, and/ or provide any information to Us with the prior consent and guidance of your parents or legal guardians. In particular, if You are under the age of 13, please do not use the Services, since the Services are not directed to individuals under the age of 13. In addition, We advise parents or legal guardians to exercise reasonable care, supervision, and guidance over their children's use of the Services.

3.3 By agreeing to this Agreement, You warrant to Us that You have (i) reached the applicable legal age, or (ii) if You are under the applicable legal age, You have obtained permission from your parents or legal guardians to use the Services (for the avoidance of any doubt, You may access to the Services only if you are above 13 years old).

3.4 To use the Services, You must have one or more devices that are compatible with the Services and ensure that You have connected to the network. You are responsible for all telephone charges incurred in using the Services. You also are responsible for charges by any Access Service Provider providing connection to the Internet.

4. Use of Services

4.1 We grant You a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services, subject to, and in accordance with, this Agreement. The license granted to use the Services is restricted to non-commercial purposes only and You may only use the Services for commercial purposes with Typhur’s prior written consent. Users shall download and install the Software from the website of Typhur, App store, Google Play Store or in any other manner as designated by Typhur. You are not permitted to access and download the Software from any unauthorized sources.

4.2 You may apply to subscribe to the Services after reading and accepting this Agreement and the Privacy Statement, which may be, depending on the approach of your application, followed by an email verification process. Upon successful verification and/ or our acceptance of your application, You will be granted a Typhur Service Account (“Typhur Account”). We may require You to verify your real name when You log in for the first time or during your use of the Services.

4.3 Users shall only download the Software with versions that match their terminal devices. Typhur is not liable for any damages resulting from using inadaptable versions of the Software.

4.4 If You do not register and log in to your Typhur Account, You will only have the following limited access to our Services: (i) by browsing our website, You may read, download, and print our recipes for your own personal use, and (ii) by registering your email on our website, You may have our recipes sent to your emails or subscribe our promotion notifications. After You complete your registration, You will have the right to use your Typhur Account and access/ use the full features of the Services. It should be noted that, while You may have the right to use your Typhur Account after You complete your registration, Typhur reserves the legal ownership of your Typhur Account. For the purpose of this Agreement, “your Typhur Account” means the Typhur Account that You have the right to use. You are not allowed to rent, lease, loan, borrow, license, sublicense, assign, distribute, gift, sell or resell your Typhur Account, or permit anyone outside your household to access it. Typhur also reserves the right to take back your right to use Typhur Account. Please refer to Article 7 Account Security for more information regarding the safe use of Typhur Account. And please refer to Article 15 Termination or Suspension by Typhur for details about Typhur’s rights to terminate or suspend the use of Typhur Account.

4.5 You may permit your household members to use your Typhur Account with the satisfaction of the following conditions:

(a) your household members are fully aware of and agree to all the terms of this Agreement and the Privacy Statement, and agree to be deemed as signing parties hereto;

(b) You consent that unless We are otherwise properly noticed by you at the address provided in Article 19 of this Agreement, We will always attribute the user’s behavior under your Typhur Account to You; and

(c) You shall monitor the use of the Service and the Products by your household members and shall be fully responsible for the acts and/or omissions of such persons.

5. Services

5.1 The following are examples of what You can do using the Services either independently or in connection with Typhur’s smart kitchen appliances (the “Product”):

(a) remotely access, control and preset settings for any of the Products that have been mentioned in our website using your mobile device;

(b) access Typhur’s online store to view or download recipes, add recipes to your favorites; and

6. Purchases & Payments

If you purchase a Product through the Service, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. The payment card includes but not limited, Amazon pay, Paypal, shop pay, etc.

You represent and warrant that you are the authorized account holder on all Payment Cards you submit through the Service, and acknowledge and agree that we have the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, we will send you an email confirming receipt of your order and containing the details of your order (the "Order Confirmation Email"). The Order Confirmation Email is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send email confirmation to you that we've dispatched the product to you.

If you are not fully satisfied with the Products purchased by you on the Service, you may return the Product, in its original packaging, to us for a refund within thirty (30) days of the date of your purchase. After the 30-day refund window has expired, your only recourse regarding the Products is through our warranty policy. For more details, please visit our refund and return policy.

At our sole discretion, you may be permitted to purchase certain Products through Amazon.com (“Amazon”), or by using the payment processing services of Amazon pay, Paypal, shop pay or other online payment instrument (“Online Payment”). You understand and agree that Amazon and Online Payment are Third Parties, as that term is defined below, and that if you choose to complete any portion of your purchase through these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. It is up to you to familiarize yourself with the policies and agreements of these Third Parties.

7. Account Security

7.1 You must keep your information such as your Typhur Account username and password secret and confidential. Please do not share your Typhur Account with anyone outside your household. We recommend that You use a strong password and keep the password in a safe place.

7.2 Typhur is not liable for any damage arising from any careless or unauthorized use of your Typhur Account. You must take appropriate steps to protect your Typhur Account from any unauthorized use by third parties. You are responsible for keeping your password safe, and You will bear any losses and liability incurred from providing access to your Typhur Account and other relevant information to a third party. You must not use anyone else's Typhur Account other than the Typhur Account of your household members to use or access the Services.

8. Terms of Use

8.1 By accessing and using the Services, You acknowledge and agree to do so in a legal and ethical manner and in accordance with this Agreement.

8.2 Unless otherwise provided in this Agreement, in connection with your use of the Services, You undertake:

(a) not to upload, download, store, duplicate, publish, transmit, send by email, or otherwise provide any such content which are prohibited by applicable laws, regulations, or policies or could infringe others’ lawful rights;

(b) not to engage in any illegal financial transactions;

(d) not to reproduce, make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of them to be combined with, or become incorporated in, any other programs;

(e) not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks;

(f) not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Services, or attempt to do so beyond the extent allowed by applicable laws;

(g) not to distribute, license, sublicense, rent, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services;

(h) not to provide or otherwise make available the Services in whole or in part (including the object and source code), in any form to any person without Typhur’s prior written consent;

(i) not to use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(j) not to use the Services (or any part(s) of the Services) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, including by hacking into or inserting malicious code, including viruses, or harmful data, into the Services (or into the websites linked to the Services) or any operating system;

(k) not to infringe Typhur’s intellectual property rights or those of any third party in relation to your access to and/ or use of the Services;

(l) not to collect other Users' information or otherwise access the Services or Typhur’s systems, using automated means, or attempt to decipher any transmissions to or from the servers running the Services;

(m) not to develop, support, or use software, devices, scripts, or any other means or processes (including crawlers, browser plug-ins and add-ons, or any other technology or manual work) to scrape, steal and crawl information from the Services or otherwise copy profiles and other data from the Services;

(n) not to commercially exploit the Services without Typhur’s prior written consent;

(o) not to solicit login information or access an account belonging to someone else;

(p) not to attempt, facilitate, or encourage any violations of this Agreement (or any part(s) of it); and

(q) not to otherwise violate applicable laws, regulations, and policies or the terms contained in this Agreement.

8.3 You understand and acknowledge that Typhur reserves the right to make a final determination regarding whether You have breached the terms of use mentioned above. Typhur may restrict, suspend, or terminate the Services based on such determination.

9. Third Party Services

9.1 Certain features of Typhur are linked to third party products and/ or their related services or are otherwise provided by third parties (“Third-Party Services”). By using these Third-Party Services, You permit and allow Typhur to receive specific information about You from the appropriate Third-Party Services provider if deemed to be necessary by Typhur, for the provision of any Services. Your use of any Third-Party Services is subject to the terms and conditions of use set by the respective third parties. For the avoidance of doubt, Typhur does not provide any express or implied warranty regarding any function or service provided by any third party, and Typhur does not assume any liability related to or arising from the use of any Third-Party Services by You, including failure of any functions of a Third-Party Service. The relevant third party shall be solely responsible for any errors, deficiencies or inaccuracies related to Third-Party Services or any issues in the Services due to such third party’s actions or omissions.

10. Intellectual Property

10.1 Unless otherwise specified by applicable laws and regulations or agreed by Typhur and You, Typhur and/ or its upstream licensors, retain all right, title, and interest in and to the information used in the Services in any form including text, data, documents, graphics, video, audio, images, icons, apps, designs, layout, software, scripts, programs, copyrights, trademarks, trade names, logos, and other materials and services available on or through the Services, as well as their look and feel (collectively, the “Intellectual Property”). Your access to and/ or use of any of the Services does not transfer any ownership in or to the Intellectual Property, the Services or their content, unless otherwise specified in this Agreement.

10.2 Except otherwise expressly provided in this Agreement, all content uploaded and published during your use of the Services will not transfer intellectual property rights, portrait rights and other rights due to uploading and publishing. But you acknowledge and agree that, within the scope permitted by law, Typhur Parties (as defined below) and other users of the Services have an unconditional irrevocable, non-exclusive, royalty-free, perpetual worldwide license right to use non-confidential content uploaded or published by you (including, without limitation, any text, photographs, videos) for achieving the purpose of the Software and Services, including but not limited to downloading, storing, playing to relevant users, obtaining and reuse by relevant users, reproducing, making derivative works of, etc.

10.3 You may not make any alterations, copies, extractions, modifications, or additions to the Intellectual Property, or sell, copy, disseminate, license, or otherwise use the Intellectual Property in any manner except as what has been provided by this Agreement. You may not re-publish, extract, reproduce, disseminate, or otherwise use any of the Intellectual Property without the prior written consent of Typhur. For the avoidance of doubt, your obligations under section 9.3 do not affect any rights You may have under any applicable mandatory laws.

11. Privacy and Personal Information Protection

11.1 We believe that the protection of your personal information and privacy is of utmost importance. Typhur will collect and deal with your personal information (including name, address, telephone contact, email address or personal details) only for the express purpose for which the data is provided. For further details, please refer to the Privacy Notice (available at https://www.typhur.com/privacy-statement).

12. Disclaimers

12.1 This Article 12 serves as a supplement to, instead of a full display of, all the other provisions in this Agreement that exclude or limit the responsibility and liability of Typhur.

12.2 The Services are for your sole use only and must not be used by any third party unless otherwise provided in this Agreement. You agree that Typhur and its affiliates, officers, directors, employees, contractors, agents, third-party payment service providers, partners, licensors, and distributors (collectively “Typhur Parties”) are not liable for any losses caused by any unauthorized use of the Services.

12.3 Your use of the Services may be interrupted, delayed, or disrupted for an unknown period of time for reasons that are beyond our control such as any act of God, acts of terrorism, acts or omissions of any Governmental Authority, any rules, regulations or orders issued by any Governmental Authority, fire, storm, flood, earthquake, accident, war; rebellion, insurrection, riot, invasion, interruption of services (including Internet service providers and web hosting providers) or utilities, or shortages of transportation, facilities, fuel, energy, labor or materials. You agree and acknowledge that the Typhur Parties will not be liable for any claim arising from or related to such interruptions, delays or similar disruptions.

12.4 Notwithstanding the above and to the maximum extent permitted by applicable laws, the Typhur Parties are not liable to You or to anyone else for any damages if You or anyone else are unable to access or use the Services due to:

(a) any suspension or termination of the Services by Typhur to enable maintenance work or to implement any updates to Typhur’s systems, software or hardware;

(b) any communication delay or failure of a system or network that is owned or controlled by an entity other than Typhur;

(c) any suspension, cancellation, or termination of any contract or other arrangements between Typhur and any of its third-party payment service providers;

(d) any errors or interruptions due to hacking attempts or similar security breaches;

(e) any suspension or termination of the Services caused by administrative actions, including lockdowns and restriction policies; or

(f) any other event or occurrence beyond Typhur’s reasonable control.

12.5 The Services are provided on an “as-is” and “as-available” basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable laws, the Typhur Parties disclaim all warranties, conditions, or other terms of any kind, express or implied, and make no guarantee, undertaking, representation, or warranty for the following:

(a) the completeness, accuracy, reliability, or timeliness of any of the content made available on or through the Services;

(b) the Services or the server(s) they are hosted on are free from defects, errors, viruses, bugs, or other harmful elements;

(d) the specific functions of the Services, the reliability, quality, or accuracy of any information obtained by You as a result of your use of or access to the Services can be guaranteed;

(e) the security or error-free nature of the Services; and

(f) the Services’ reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs, or achieve certain results or outcomes. The Typhur Parties are not liable for any losses or damages to You caused in whole or in part by You relying upon, using, or interpreting the Services or other information obtained through your (or any other person’s) access to and/ or use of the Services.

12.6 Notwithstanding the above, the Typhur Parties are not liable for compensation for any personal injury or direct or consequential damage arising out of or in connection to any of the following circumstances:

(a) the User encounters content that makes the User uncomfortable in or through the Services;

(b) overheating, defects, short circuits, fires, or mechanical faults of any other kinds caused by the User’s failure to operate (via the Software or by other means) the Product properly, with reasonable care and according to the user manual of the Product;

(d) costs and losses incurred by the User during the use of the Services;

(e) misunderstanding by the User of the Services; and

(f) other losses in connection with the Services for reasons not directly or indirectly attributable to Typhur.

12.7 The laws and regulations of some countries, states or regions do not allow certain warranties, guarantees, or liabilities to be excluded or limited by a contract. If these laws apply to You, some or all the above exclusions or limitations may not be applicable. Nothing in this Agreement exclude or limit the rights that You are legally entitled to as a consumer under applicable laws and regulations.

13. Indemnification

13.1 To the maximum extent permitted by applicable laws in the applicable jurisdiction, You shall hold harmless and indemnify the Typhur Parties from and against all costs (including any losses, damages, costs (including reasonable legal costs on an indemnity basis) and expenses, in each case of any nature) incurred by Typhur Parties arising out of or in connection with:

(a) content disseminated, circulated or otherwise shared by You on or through the Services;

(b) use of the Services in any manner otherwise than what has specified under this Agreement;

(d) any claim or potential claim that your use of the Services in an unauthorized manner infringed the Intellectual Property of any third party; or

(e) any other action or violation by any person, apart from You, using your Typhur Account.

13.2 You agree to promptly assist and cooperate as reasonably required by any of the Typhur Parties in disputes, complaints, lawsuits, or any other action by any third party arising from the situations mentioned in section 13.1.

14. Termination by You

14.1 You can terminate this Agreement at any time and for any reason by notifying Typhur electronically or by mail at the address provided in Article 19 of this Agreement. Terminating this Agreement also will cancel any Services, including access to your Typhur Account. In the event that You wish to use the Services after termination, You will need to reapply to Typhur.

14.2 After You terminate this Agreement, Typhur may, except to the extent provided by applicable law, immediately and permanently delete any and all of the materials, files, and stored content of any other kinds under your Typhur Account. However, it may not be possible for Typhur to delete content that You have sent to other Users.

14.3 Terminating your use of the Services will not relieve You from any obligation to pay any charges accrued on or before the date of such termination. Neither Typhur nor any third party shall accept liability for any consequences due to You being unable to access the Services after You have terminated this Agreement.

15. Termination or Suspension by Typhur

15.1 Subject to applicable laws, We may suspend, restrict or cancel your access to part(s) or all of the Services at any time. Additionally, We reserve the right, at any time in our sole discretion, to terminate your Typhur Account or your use of the Typhur website. We will attempt to notify You in advance, but Typhur is not obligated to do so.

15.2 The expiry or termination of this Agreement does not affect the provisions of this Agreement which expressly or by their nature are intended to survive the expiry or termination of this Agreement and does not affect any accrued rights or obligations or any rights or obligations which are intended to survive such expiry or termination.

15.3 Any provisions of this Agreement which expressly or by their nature are intended to survive the expiry or termination of this Agreement shall remain in full force and effect subsequent to and notwithstanding such termination until such provisions are satisfied or expire due to their nature.

16. Changes to This Agreement

16.1 Typhur may add or remove functions or features, create new limits to the Services, or otherwise change the terms, including prices, described in this Agreement at any time. Typhur may also modify this Agreement at any time based on updates to the Services. You understand that changes made in the Agreement become effective at the time specified in such notice.

16.2 The updated Agreement will become effective and replace the original Agreement once released unless otherwise stipulated by the updated Agreement. Your continued access to or use of the Services shall be deemed as your acceptance of the updated Agreement. If You do not accept the new price or privilege, your use of the Services may be affected.

16.3 We will inform You of any changes to this Agreement that will cause material disadvantage to Users or will significantly limit Users’ access to or use of the Services within a reasonable period of time either by mail or by an electronic message.

17. Governing Laws and Jurisdiction

17.1 The formation, validity, interpretation, and operation of this Agreement are governed by and construed in accordance with the laws of the Mainland of the People’s Republic of China, without giving effect to the principles of conflicts of laws.

17.2 You and Typhur agree that either party will attempt to settle any dispute arising from or in connection with this Agreement (the “Dispute”) through negotiation. In the event that You and Typhur are unable to settle the Dispute through negotiation, the Dispute shall be submitted to the Shenzhen Court of International Arbitration for arbitration in accordance with its Arbitration Rules in force at the time of application for arbitration. The awards rendered by the arbitral tribunal shall be final and binding upon both the parties. The venue and legal seat of the arbitration shall be Shenzhen, Guangdong Province, China.

17.3 You and Typhur agree that all claims will be resolved by binding arbitration in the manner specified in this Article 17 and that You and Typhur both waive any right to bring such claims before any court of law. You and Typhur further agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

17.4 The expiry or termination of this Agreement does not affect the effectiveness of provisions in this Article 17.

18. Severability

18.1 If any provision of this Agreement is found by a court of competent jurisdiction or any other competent authorities to be void, invalid, or unenforceable, but would be valid, binding and enforceable if some part of the provision were deleted or amended then the provision shall apply with the minimum modifications necessary to make it valid, binding and enforceable and neither the validity or enforceability of the remaining provisions of this Agreement, nor the validity or enforceability of that provision under the laws and regulations of any other jurisdiction, shall in any way be affected or impaired as a result of this Clause.

19. Others

19.1 This Agreement and the Privacy Statement set out the entire understanding and agreement between You and Typhur.

19.2 You fully understand that your personal information or any other information collected by Typhur may be stored to and/ or processed outside the territory, province and/ or country in which the User resides in. You expressly represent and warrant that You shall not (and Typhur shall not approve You to) use the Services to upload, sync, or transfer software, technical data, and/ or other data that is subject to the Export Administration Regulations (EAR) of the US Bureau of Industry and Security. If You violate the aforementioned undertakings, your actions shall be considered as the export of goods under the EAR and You may therefore be subject to penalties. Typhur shall not assume any liabilities to the largest extent permitted by law.

19.3 The Services or third parties may provide links to other websites or resources. You acknowledge and agree that Typhur is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Typhur is not responsible or liable for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such websites or resources.

19.4 Nothing in this Agreement shall constitute a partnership between the parties nor make either party the agent of the other party for any purpose.

19.5 Typhur has the right to transfer, assign, subcontract, or replace Typhur’s rights and obligations under this Agreement without diminishing your rights and interests.

19.6 In this Agreement, unless the context requires otherwise, headings do not affect its interpretation.

20. Contacting Us

20.1 If You have any questions regarding this Agreement, please contact Us using the following information:

Email address: privacy@typhur.com

Mailing address: 2890 Zanker Road #120, San Jose, CA 95134