TERMS OF SERVICE
Last
updated
February 14, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Enoki
LLC
, doing business as Cado
(
"Company," "we," "us," "our"
)
, a company registered in
Illinois, United States
at 2311 N Campus Dr #2300
, Evanston
,
IL
60208
.
We operate the
website
https://www.getcado.com
(the "Site"),
the mobile application Cado
- Meal
Planner (the "App"), as
well as
any other related products and services that refer or link to these legal terms (the "Legal Terms"
) (collectively, the "Services").
Cado — Import recipes from anywhere, plan your week in seconds, and auto-order
groceries with one click.
You can contact us by
phone at 9252091291, email at support@getcado.com
, or by mail to
16192 COASTAL HIGHWAY
, Lewes
, DE
19958
,
United States
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
"you"), and Enoki LLC, concerning your access to and use of the
Services. You
agree that by accessing the Services, you have read, understood, and agreed to be bound by all
of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled
changes to the Services you are using. Changes to these Legal Terms will become effective seven (7) days after the notice is given
,
except if the changes apply to
bug fixes
, a court order
, and security updates
, in which case the changes will be effective immediately
. By continuing to use the Services after the
effective
date of any changes, you agree to be bound by the modified terms. If you disagree with such
changes, you
may terminate Services as per the section "
TERM AND TERMINATION
."
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you
print a
copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or
use would be contrary to law or regulation or which would subject us to any registration
requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Services from
other locations do so on their own initiative and are solely responsible for compliance with
local laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software,
website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as
well as
the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair competition laws) and
treaties
in the United States and
around the world.
The Content and Marks are provided in or through the
Services "AS IS"
for
your personal, non-commercial use
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES
" section
below, we
grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have
properly gained access,
solely for your
personal, non-commercial use.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address your
request
to: support@getcado.com. If we ever grant you
the
permission to post, reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright
or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will
terminate
immediately.
Your submissions and contributions
Please review this section and the "
PROHIBITED ACTIVITIES
" section
carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you
have when
you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all
intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled
to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute
to, or participate in blogs, message boards, online forums, and other functionality during which
you may
create, submit, post, display, transmit, publish, distribute, or broadcast content and materials
to us
or through the Services, including but not limited to text, writings, video, audio, photographs,
music,
graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"
). Any
Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a license
(including
use of your name, trademarks, and logos): By posting any Contributions, you grant
us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid,
worldwide right, and license
to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for any purpose,
commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicense the licenses granted in this section. Our use and distribution
may
occur in any media formats and through any media channels.
This license includes our use of your name, company name, and
franchise
name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal
and
commercial images you provide.
You are responsible for what you post or upload: By
sending us
Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by
linking
your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our
"PROHIBITED
ACTIVITIES
" and will
not
post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false, inaccurate,
deceitful,
or misleading;
- to the extent permissible by applicable law, waive any and all moral
rights
to any such Submission and/or Contribution;
- warrant that any such Submission
and/or
Contributions are original to you or that you
have the
necessary rights and licenses to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation
to your
Submissions and/or Contributions; and
- warrant and represent that your Submissions
and/or Contributions do not constitute
confidential information.
You are solely responsible
for
your Submissions and/or Contributions and you expressly agree to reimburse us for any and
all losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property
rights, or (c) applicable law.
We may remove or
edit
your Content: Although we have no obligation to monitor any Contributions, we shall
have the
right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
If you believe that any material available on or through the Services infringes upon any copyright you own or control, please send us a notice of copyright infringement to legal@getcado.com. It is the policy of Cado to terminate the user accounts of repeat infringers.
By using the Services, you represent and warrant
that:
(1) all registration information you
submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to
comply
with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any
illegal or
unauthorized
purpose; and (
7) your use of the Services will not violate
any
applicable law or regulation.
If you provide
any
information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend
or terminate your account and refuse any and all current or future use of the Services
(or any
portion thereof).
You may
be
required to register to use the Services. You agree to keep your password
confidential
and will be responsible for all use of your account and password. We reserve the
right
to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- Apple App Store &
Google Play
In-App Purchases
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to
promptly
update account and payment information, including email address, payment method, and payment
card
expiration date, so that we can complete your transactions and contact you as needed. Sales tax
will be
added to the price of purchases as deemed required by us. We may change prices at any time. All
payments
shall be in US dollars.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment
provider for
any such amounts upon placing your order. We reserve the right to correct any errors or mistakes
in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per person,
per
household, or per order. These restrictions may include orders placed by or under the same
customer
account, the same payment method, and/or orders that use the same billing or shipping address.
We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers,
resellers, or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew
unless canceled
. You consent to
our charging your payment method on a recurring basis without requiring your prior approval for
each
recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle will depend on the type of
subscription plan you choose when you subscribed to the Services.
Free Trial
We
offer a 7-day free trial to new users who register with the
Services.
The account will be charged according to the user's chosen subscription
at
the end of the free trial.
Cancellation
You can cancel your subscription at any time by logging into your
account.
Your cancellation will take effect at the end of the
current
paid term. If you have any questions or are unsatisfied with our Services, please email us at
support@getcado.com.
Fee Changes
We may,
from
time to time, make changes to the subscription fee and will communicate any price changes to you
in
accordance with applicable law.
7. SOFTWARE
We
may include software for use in connection with our Services. If such software is accompanied by
an end
user license
agreement
("EULA"), the
terms of
the EULA will govern your use of the software. If such software is not accompanied by a EULA,
then we
grant to you a non-exclusive, revocable, personal, and non-transferable
license to use such software solely in
connection
with our services and in accordance with these Legal Terms. Any software and any related
documentation
is provided "AS IS"
without warranty of any kind, either express or implied, including, without limitation, the
implied
warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept
any and
all risk arising out of use or performance of any software. You may not reproduce or
redistribute any
software except in accordance with the EULA or these Legal Terms.
You may not access
or use
the Services for any purpose other than that for which we make the Services available. The
Services
may not be used in connection with any commercial
endeavors except those that are specifically
endorsed or
approved by us.
As a
user of
the Services, you agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile,
directly or
indirectly, a collection, compilation, database, or directory without
written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any
attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features
of the
Services, including features that prevent or restrict the use or
copying
of any Content or enforce limitations on the use of the Services
and/or
the Content contained
therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass,
abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of
abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws
or
regulations.
-
Engage
in unauthorized framing of or
linking to
the Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan
horses, or other material, including excessive use of capital
letters
and spamming (continuous posting of repetitive text), that
interferes
with any party’s uninterrupted use and enjoyment of the Services
or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Services.
-
Engage
in any automated use of the system, such as using scripts to
send
comments or messages, or using any data mining, robots, or
similar data
gathering and extraction
tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of
another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material
that acts
as a passive or active information collection or transmission
mechanism,
including without limitation, clear graphics interchange formats
("gifs"), 1×1 pixels, web
bugs,
cookies, or other similar devices (sometimes referred to as "spyware" or "passive
collection
mechanisms" or "pcms"
).
-
Interfere
with, disrupt, or create an undue burden on the Services or the
networks
or services connected to the
Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in
providing any portion of the Services to
you.
-
Attempt
to bypass any measures of the Services designed to prevent or
restrict
access to the Services, or any portion of the
Services.
-
Copy
or adapt the Services' software, including but not limited to
Flash,
PHP, HTML, JavaScript, or other
code.
-
Except
as permitted by applicable law, decipher, decompile,
disassemble, or
reverse engineer any of the software comprising or in any way
making up
a part of the Services.
-
Except
as may be the result of standard search engine or Internet
browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper,
or offline reader that accesses the Services, or use or launch
any unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorized use of the
Services,
including collecting usernames and/or email addresses of users
by
electronic or other means for the purpose of sending unsolicited
email,
or creating user accounts by automated means or under false pretenses
.
-
Use
the Services as part of any effort to compete with us or
otherwise use
the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
-
Use the Services to advertise or offer to sell goods and
services.
-
Sell or otherwise transfer your profile.
-
Uploading copyrighted recipes or content you do not have
permission to share
-
Scraping, extracting, or bulk downloading data from the
platform
-
Using the service to train machine learning or AI models
without
permission
-
Attempting to reverse engineer or access non-public parts
of the
service
-
Posting harmful, misleading, or unsafe food or nutrition
information
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate
in
blogs, message boards, online forums, and other functionality, and may
provide
you with the opportunity to create, submit, post, display, transmit,
perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other
material (collectively,
"Contributions").
Contributions may be viewable by
other users of the Services and through third-party websites. As such,
any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions,
you
thereby represent and warrant that:
- The creation, distribution, transmission,
public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including
but not
limited to the copyright, patent, trademark, trade secret, or moral rights
of any
third party.
- You are the creator and owner of or have the
necessary
licenses
, rights, consents, releases, and permissions to use and to authorize
us, the Services, and other users of the Services to use your
Contributions
in any manner contemplated by the Services and these Legal
Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to
use the name or likeness of each and every such identifiable individual
person to
enable inclusion and use of your Contributions in any manner contemplated by
the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate,
or
misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional
materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd,
lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
- Your Contributions do not ridicule, mock,
disparage,
intimidate, or abuse anyone.
- Your Contributions are not used to harass or
threaten
(in the legal sense of those terms) any other person and to promote violence
against
a specific person or class of people.
- Your Contributions do not violate any
applicable law,
regulation, or rule.
- Your Contributions do not violate the privacy
or
publicity rights of any third party.
- Your Contributions do not violate any
applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any
offensive
comments that are connected to race, national origin, gender, sexual
preference, or
physical handicap.
- Your Contributions do not otherwise violate,
or link
to material that violates, any provision of these Legal Terms, or any
applicable law
or regulation.
Any
use of
the Services in violation of the foregoing violates these Legal Terms and
may result
in, among other things, termination or suspension of your rights to use the
Services.
By
posting your
Contributions to any part of the Services
, you automatically grant, and you represent and warrant that you have
the
right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license
to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast,
retitle, archive, store, cache, publicly perform, publicly display,
reformat,
translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any
purpose,
commercial, advertising, or otherwise, and to prepare derivative works of,
or
incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media
channels.
This
license
will apply to any form, media, or technology now known or hereafter developed,
and
includes our use of your name, company name, and franchise name, as applicable,
and any
of the trademarks, service marks, trade names, logos, and personal and
commercial images
you provide. You waive all moral rights in your Contributions, and you warrant
that
moral rights have not otherwise been asserted in your Contributions.
We do
not
assert any ownership over your Contributions. You retain full ownership of all
of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the
Services. You
are solely responsible for your Contributions to the Services and you expressly
agree to
exonerate us from any and all responsibility and to refrain from any legal
action
against us regarding your Contributions.
We have
the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any
Contributions; (2) to re-categorize any Contributions to place them in
more
appropriate locations on the Services; and (3) to pre-screen or delete any
Contributions
at any time and for any reason, without notice. We have no obligation to monitor
your
Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas
on the
Services to leave reviews or ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2)
your
reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful
language; (3)
your reviews should not contain discriminatory references based on religion, race, gender,
national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not
contain
references to illegal activity; (5) you should not be affiliated with competitors if posting
negative
reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not
post any
false or misleading statements; and (8) you may not organize
a campaign encouraging others to post reviews,
whether
positive or negative.
We may accept,
reject, or
remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or
to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are
not
endorsed by us, and do not necessarily represent our opinions or the views of any of our
affiliates
or partners. We do not assume liability for any review or for any claims, liabilities, or
losses
resulting from any review. By posting a review, you hereby grant to us a perpetual,
non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all
content
relating to review.
12. MOBILE APPLICATION LICENSE
Use License
If you access the
Services via
the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to
install and
use the App on wireless electronic devices owned or controlled by you, and to access and use the
App on
such devices strictly in accordance with the terms and conditions of this mobile application
license
contained in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from the
App; (3)
violate any applicable laws, rules, or regulations in connection with your access or use of the
App; (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted
by us or the licensors of the App; (5) use the App for any revenue-generating endeavor,
commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App
available over a
network or other environment permitting access or use by multiple devices or users at the same
time; (7)
use the App for creating a product, service, or software that is, directly or indirectly,
competitive
with or in any way a substitute for the App; (8) use the App to send automated queries to any
website or
to send any unsolicited commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture,
licensing, or
distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms
apply when
you use the App obtained from either the Apple Store or Google Play (each an "App Distributor"
) to
access the Services: (1) the license granted to you for our App is limited to a
non-transferable license
to use the application on a device that utilizes the Apple iOS or Android operating systems, as
applicable,
and in accordance with the usage rules set forth in the applicable App Distributor’s terms of
service;
(2) we are responsible for providing any maintenance and support services with respect to the
App as
specified in the terms and conditions of this mobile application
license contained in these Legal Terms or as
otherwise
required under applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the App; (3) in the
event of
any failure of the App to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and policies, may refund the
purchase
price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you
represent
and warrant that (i) you are not located in a country that is subject to a US government
embargo, or
that has been designated by the US government as a "terrorist
supporting" country and (ii) you are not listed on
any US
government list of prohibited or restricted parties; (5) you must comply with applicable
third-party
terms of agreement when using the App, e.g., if you have a VoIP application, then you must not
be in
violation of their wireless data service agreement when using the App; and (6) you acknowledge
and agree
that the App Distributors are third-party beneficiaries of the terms and conditions in this
mobile
application license
contained in these Legal Terms, and that each App Distributor will have the right (and will be
deemed to
have accepted the right) to enforce the terms and conditions in this mobile application license
contained in
these Legal Terms against you as a third-party beneficiary thereof.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or
you
may be sent via the Site or App
) links
to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures,
designs, music, sound, video, information, applications, software, and other content or items
belonging to
or originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated,
monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or
installed from
the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or
other policies of or contained in the Third-Party Websites
or the
Third-Party Content. Inclusion of, linking to, or
permitting the
use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement
thereof
by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you
should be
aware these Legal Terms no longer govern. You should review the applicable terms and policies,
including
privacy and data gathering practices, of any website to which you navigate from the Services or
relating to
any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from
other
companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the
products or
services offered on Third-Party Websites and you shall
hold us
blameless from any harm caused by your purchase of such products or services. Additionally, you
shall hold
us blameless from any losses sustained by you or harm caused to you relating to or resulting in any
way from
any Third-Party Content or any contact with Third-Party Websites.
14. SERVICES MANAGEMENT
We reserve
the
right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2)
take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal
Terms,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion
and
without limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in
a manner designed to protect our rights and property and to facilitate the proper functioning of the
Services.
15. PRIVACY POLICY
We care about data privacy
and
security. Please review our Privacy Policy:
https://getcado.com/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in the United States
. If you access the Services from any other region of the world
with laws
or other requirements governing personal data collection, use, or disclosure that differ from
applicable
laws in
the United States
, then through your continued use of the Services, you are
transferring
your data to
the United States
, and you expressly consent to have your data transferred to and
processed in
the United States
.
16. COPYRIGHT INFRINGEMENTS
If you believe that any
material available on or through the Services infringes upon any copyright you own or control,
please send us a notice of copyright infringement to legal@getcado.com. It is the policy of Cado to
terminate the user accounts of repeat infringers.
17. TERM AND TERMINATION
These Legal Terms shall
remain in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN
THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend
your
account for any reason, you are prohibited from registering and creating a new account under your
name, a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third
party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to
change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without
notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services
will be available at all times. We may experience hardware, software, or other problems or need to
perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the
right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for
any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the
Services
or to supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Legal Terms and your
use of
the Services are governed by and construed in accordance with the laws of
the State of
California
applicable to agreements made and to be entirely performed within
the State of
California
, without regard to its conflict of law
principles.
20. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim
related to these Legal Terms (each a "Dispute" and collectively,
the
"Disputes") brought by either you or us (individually,
a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute
(except those Disputes expressly provided below) informally for at least
thirty (30)
days before initiating arbitration. Such informal negotiations commence upon written notice
from one
Party to the other Party.
Binding Arbitration
If
the
Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes
expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND
THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial
Arbitration Rules of the American Arbitration Association ("AAA"
) and, where appropriate, the AAA’s Supplementary
Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration
Association
(AAA) website. Your arbitration fees and your share of arbitrator compensation
shall be
governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will
pay all
arbitration fees and expenses. The arbitration may be
conducted in person, through the submission of documents, by phone, or online. The arbitrator will
make a
decision in writing, but need not provide a statement of reasons unless requested by either Party.
The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do
so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in
San Francisco County, California,
California
. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm,
modify,
vacate, or enter judgment
on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute
shall be commenced or prosecuted in the
state and
federal
courts
located
in
San Francisco County, California,
California
,
and the
Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non
conveniens
with respect to venue and jurisdiction in such state and federal
courts
. Application of the United Nations Convention on
Contracts
for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in
any way
to the Services be commenced more than one (1) years after the cause of
action
arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of
this
provision found to be illegal or unenforceable and such Dispute shall be decided by a court of
competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties
agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right
or
authority for any Dispute to be brought in a purported representative capacity on behalf of the general
public
or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief.
If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute
falling within that portion of this provision found to be illegal or unenforceable and such Dispute
shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties
agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors,
inaccuracies, or omissions and to change or update the information on the Services at any time, without
prior
notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND
WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO
AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES
BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) MONTH PERIOD PRIOR TO
ANY
CAUSE OF ACTION ARISING
OR
$100.00 USD
.
CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set
forth in
these Legal Terms; (5) your violation of the rights of a
third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the
Services with
whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your
expense,
to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at
your expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding
which is subject to this indemnification upon becoming aware of it.
25. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications,
and you
agree that all agreements, notices, disclosures, and other communications we provide to you
electronically,
via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms
shall not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible
by law. We may assign any or all of our rights and obligations to others at any time. We shall not
be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from
these
Legal Terms and does not affect the validity and enforceability of any remaining provisions. There
is no
joint venture, partnership, employment or agency relationship created between you and us as a result
of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed
against us
by virtue of having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these
Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
29. CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
Enoki LLC
16192 COASTAL HIGHWAY
Lewes
, DE
19958
United States
Phone: 9252091291