Calorie Mama Food Recognition API Developer Agreement

THIS DEVELOPER AGREEMENT IS A BINDING AGREEMENT BETWEEN AZUMIO INC. (“AZUMIO”) AND THE DEVELOPER OR OTHER LEGAL ENTITY YOU REPRESENT, COLLECTIVELY “DEVELOPER”.

Licensed Uses and Restrictions

The Calorie Mama Food API is owned by Azumio and is licensed to Developer on a non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define legal use of the Calorie Mama Food AI API and all updates or revisions. We reserve the right to update and change these terms from time to time without notice. All rights not expressly granted to Developer are reserved by Azumio.

Developer shall not:

  1. Use the Calorie Mama Food API for any application that constitutes, promotes or is used in connection with spyware, adware, or other malicious programs or code.
  2. Use the Calorie Mama Food AI API in any manner or for any purpose that violates any law or regulation, or any right of any person; including but not limited to intellectual property rights, rights of privacy, or rights of personality.
  3. Use the Calorie Mama Food AI API in a manner that adversely impacts the stability of Azumio servers or adversely impacts the behavior of other applications using the Calorie Mama Food AI API.
  4. Sell, lease, or sublicense the Calorie Mama Food AI API.

Privacy Policy

Calorie Mama Food API does not collect and/or store any personal data. We do collect and/or store the type of mobile device you use, but not your mobile device’s unique device ID or the IP address of your mobile device. The food recognition API service also does not collect precise information about the location of your mobile device.

Description of Service

This agreement will commence once Developer agrees to the Calorie Mama Food AI API terms upon signup. It will remain in effect until terminated by Developer or Azumio in accordance with the terms outlined below.

  1. Developer may terminate this agreement for any reason or no reason at all, at your convenience, by providing Azumio thirty (30) days advance written notice of termination.

  2. Azumio may suspend Developer right and license to use the Calorie Mama Food AI API, or terminate this agreement in its entirety (and, accordingly, cease providing all services to you), for any reason or for no reason, at our discretion at any time.

  3. Azumio may immediately and without prior notice to you, suspend your access to the Calorie Mama Food AI API, or terminate this agreement in its entirety (and, accordingly, your right to use all services), for any of the causes below:

  4. Calorie Mama Food AI API Trial plans are offered for a 3 month period. Restrictions apply for any duration above 3 months.

I. Developer fail to obey the licensed uses and restrictions clause above. II. Developer use the Calorie Mama Food AI API in a way that disrupts or threatens the service. III. Azumio receives notice or otherwise determines, at our sole discretion, that Developer may be using the Calorie Mama Food AI API for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party. IV. Azumio determines, at our sole discretion, that our provision to Developer of the Calorie Mama Food AI API is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason.

Attribution

Any implementation of the Calorie Mama Food AI API, whether private or public, must provide proper attribution to Azumio as outlined below.

  1. Any web page or mobile app that displays image results obtained via the Calorie Mama Food AI API must display a badge (as supplied by Azumio) featured in a reasonably prominent manner and linking to http://caloriemama.ai/api

  2. Any definition or description of food photo recognition using the Calorie Mama Food AI API must include text that reads "Powered by Calorie Mama" and maintain an operable hypertext link to http://caloriemama.ai

Ownership and Relationship of Parties

Azumio owns all rights, title, and interest in and to the Calorie Mama Food AI API. These terms grant Developer no right, title, or interest in any intellectual property owned or licensed by Azumio, including (but not limited to) the Calorie Mama Food AI API and Azumio trademarks. Developer agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms.

Support

Azumio provides support for the Calorie Mamal API only. Any integration with Developer systems remains your responsibility. Azumio will endeavor to address service interruptions in a timely manner. Azumio shall use commercially reasonable efforts to provide email support to Developer. Email support means the ability to make requests for technical support assistance by email at any time concerning the use of the Calorie Mama Food AI API services.

Fees and Payments

Fees for use of the Calorie Mama Food AI API are payable in advance on monthly basis. Developer is entitled to use certain number of API calls every month that is contained in the purchased package, while API calls that exceed monthly limit, or special features calls, are charged separately according to the current pricing and are billed monthly.

In order to ensure uninterrupted service, renewal payments must be made prior to the end of your expiration period. If API call limit is not reached by the end of its expiration period, unused API calls are NOT carried forward to another period.

Disclaimer of Any Warranty

AZUMIO DOES NOT REPRESENT OR WARRANT THAT THE CALORIE MAMA API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE CALORIE MAMA API IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND AZUMIO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. DEVELOPER USE OF THE CALORIE MAMA API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE CALORIE MAMA API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

Limitation of Liability

AZUMIO SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO DEVELOPER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE CALORIE MAMA API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT AZUMIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Release and Waiver

To the maximum extent permitted by applicable law, Developer hereby release and waive all claims against Azumio, and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Calorie Mama Food AI API. In addition, Developer expressly waive and relinquish any and all rights and benefits which you may have under any law principle of similar effect, to the fullest extent permitted by law.

Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Azumio and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the Calorie Mama Food AI API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Azumio shall use good faith efforts to provide you with written notice of such claim, suit or action.

General Terms

  1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Developer Agreemnt, Developer and Azumio shall be and act independently and not as partner, joint venture, agent, employee or employer of the other. Developer shall not have any authority to assume or create any obligation for or on behalf of Azumio, express or implied, and you shall not attempt to bind Azumio to any contract.
  2. Invalidity of Specific Terms. If any provision of the Developer Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
  3. Location of Lawsuit and Choice of Law. The Developer Agreement and the relationship between Developer and Azumio shall be governed by the laws of the state of California without regard to its conflict of law provisions. Developer and Azumio agree to submit to the jurisdiction of the courts of the state of California.
  4. No Waiver of Rights by Azumio. Azumio's failure to exercise or enforce any right or provision of the Developer Agreement shall not constitute a waiver of such right or provision.