Terms of Use

1. Acceptance of the Agreement

By accessing, browsing, or using Recallect ("Service", "Website", "Platform", "Application"), you ("User", "you", "your") affirm that you have read, understood, and agreed to be legally bound by these Terms of Use ("Agreement", "Terms") and the accompanying Privacy Policy.

If you are using Recallect on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, "you" and "your" refer to that entity.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND MUST IMMEDIATELY DISCONTINUE USE.

2. Description of Service

Recallect provides automated food recall monitoring, instant alert notifications, health and safety guidance, and receipt-based tracking services via messaging platforms, web applications, and mobile interfaces. The Service aggregates data from government sources including the FDA and USDA to provide timely alerts about food recalls that may affect products you have purchased.

No Warranty of Accuracy: While we strive for accuracy, Recallect does not guarantee that recall information will be complete, current, error-free, or timely. Users should verify recall information with official government sources when making safety decisions.

3. Privacy Policy

Your privacy is important to us. The Privacy Policy governs how Recallect collects, uses, discloses, stores, and secures your personal data. By using the Service, you:

• Consent to data collection, processing, and transfer as described in the Privacy Policy
• Acknowledge that receipt images and purchase data may be processed to provide recall matching services
• Understand that communications with the Service may be logged and monitored for quality and safety purposes
• Accept that anonymized, aggregated data may be used for analytics and service improvement

4. Eligibility & Access Restrictions

By using this Service, you represent and warrant that you:

• Are 18 years of age or older, or have obtained legal parental or guardian consent to use the Service
• Are not legally prohibited from using the Service under the laws of your jurisdiction
• Have not been previously suspended or removed from the Service for violations of these Terms
• Are not a direct competitor using the platform for competitive intelligence, benchmarking, or building a competitive product
• Will maintain only one registered account at a time, unless explicitly authorized by Recallect
• Have the legal capacity and authority to enter into this binding contract
• Will not engage in any conduct that violates intellectual property rights or other rights of Recallect or third parties
• Are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country by the U.S. government

5. Service License

Subject to your compliance with these Terms, Recallect grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for personal, non-commercial food safety purposes.

License Restrictions

This license does NOT permit you to:

• Reverse engineer, decompile, disassemble, or derive source code from any aspect of the Service
• Copy, modify, adapt, translate, or create derivative works of the Service
• Rent, lease, lend, sell, sublicense, assign, distribute, or transfer the Service
• Remove, alter, or obscure any proprietary notices on the Service
• Use the Service for any commercial purpose without express written permission
• Access the Service to build a similar or competitive service

6. Proprietary Rights & Intellectual Property

PROTECTED IP

All rights, title, and interest in and to Recallect, including but not limited to:

• Source code, algorithms, machine learning models, and AI technology
• Database structures, data compilations, and recall matching algorithms
• User interface design, graphics, logos, and visual elements
• Trade secrets, know-how, and proprietary methodologies
• Trademarks, service marks, and brand identifiers
• Patents, patent applications, and patentable inventions
• Copyright in all original works and creative content

remain the exclusive property of Recallect and its licensors. No transfer or assignment of ownership is implied or granted by this Agreement. You acquire no rights other than the limited license granted above.

7. Access and Service Restrictions

You agree that you will NOT:

• Modify, adapt, lease, sell, distribute, transmit, broadcast, or create derivative works based on the Service
• Exploit, transmit, or introduce any viruses, malware, spyware, trojan horses, worms, or any malicious code
• Use the Service to harass, stalk, threaten, abuse, defame, or violate the legal rights of others
• Attempt to bypass, disable, damage, or compromise security controls, authentication measures, or protective systems
• Scrape, crawl, spider, use robots, or employ automated tools to access or download content beyond normal use
• Overload, flood, spam, or overwhelm the Service infrastructure through excessive requests
• Access non-public areas of the Service, including backend systems or administrative interfaces
• Probe, scan, or test vulnerabilities of the Service or any connected networks
• Forge headers, manipulate identifiers, or disguise the origin of any transmission to the Service
• Use the Service in contravention of any applicable law, including but not limited to anti-bribery laws, export control regulations, privacy laws, or child safety regulations

8. Reservation of Rights

Except for the limited license explicitly granted in Section 5, all rights, title, and interest in Recallect and its intellectual property are reserved by the Company. Nothing in this Agreement grants you:

• Ownership or title to any software, technology, or content
• Rights to use Recallect trademarks, logos, or brand elements
• Access to proprietary algorithms or trade secrets
• Any license to patents held by Recallect
• Rights beyond the limited use permissions expressly stated herein

Your license and access rights may be disabled, suspended, or revoked at any time for violation of these Terms or if Recallect determines your use poses a risk to the Service, other users, or Recallect's business interests.

9. User Account & Data

You are solely responsible for all activity that occurs under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your registration information to keep it accurate
• Maintain the security and confidentiality of your account credentials
• Notify Recallect immediately of any unauthorized use or security breach
• Accept responsibility for all uses of your account, whether authorized or not

Data Rights & Deletion

You may request access to, correction of, or deletion of your personal data by contacting privacy@recallect.io. However, deletion of certain data may result in loss of access to the Service or degradation of functionality.

10. Required Conduct

As a condition of use, you agree to:

• Comply with all applicable laws and regulations, including but not limited to food safety laws, privacy regulations, export controls, and anti-corruption statutes
• Provide truthful and accurate information and update it when necessary
• Review and comply with the Privacy Policy and all incorporated documents
• Cooperate with Recallect in investigations of Service security incidents, abuse, or policy violations
• Use the Service in good faith and in a manner consistent with its intended purpose
• Respect the rights and safety of other users and third parties
• Report security vulnerabilities responsibly to security@recallect.io rather than exploiting them

11. Prohibited Conduct

ZERO TOLERANCE

The following activities are strictly prohibited and will result in immediate account termination and potential legal action:

Intellectual Property Violations

• Duplicating, publishing, broadcasting, transferring, or commercially exploiting any part of the Service
• Reverse-engineering, decompiling, deriving source code, or pirating Recallect technology
• Using information, code, algorithms, or data from Recallect for services competitive with Recallect
• Engaging in framing, mirroring, or simulating the appearance or functionality of the Service
• Removing, altering, or obscuring copyright, trademark, or proprietary notices

Harmful or Illegal Content

• Promoting, inputting, or distributing content that is offensive, harmful, illegal, profane, abusive, misleading, discriminatory, or sexually explicit
• Sharing content that violates intellectual property rights, privacy rights, or other legal rights of third parties
• Posting content that incites violence, hatred, terrorism, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Distributing false or misleading information, including health misinformation or fake recall alerts

Abusive Behavior

• Abusing, defrauding, spamming, bullying, or harassing other users, Recallect staff, or third parties
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity
• Engaging in any activity designed to manipulate, deceive, or defraud other users
• Using automation, bots, or scripts to interact with the Service in abusive ways

Security Violations

• Engaging in any activity that jeopardizes system security or user safety
• Launching denial-of-service attacks or excessive automated requests
• Attempting to gain unauthorized access to accounts, systems, or networks
• Circumventing or defeating security measures, rate limits, or access controls
• Collecting or harvesting personal information of other users without consent

Misuse of Outputs

• Repurposing Service outputs for harm, illegal activities, promotion of hate, violence, manipulation, or exploitation
• Using recall information to spread fear, panic, or misinformation
• Leveraging the Service to compete with Recallect or build competing products

12. Communications

By using the Service, you consent to receive communications from Recallect via email, SMS, push notifications, or in-app messaging, including:

• Transactional notifications: Recall alerts, account security notices, and service updates
• Service communications: Feature announcements, policy changes, and operational notices
• Marketing communications: Product updates, tips, and promotional offers (opt-out available)

All communications are governed by our Privacy Policy. Standard message and data rates may apply for SMS communications based on your carrier plan.

13. Payment Terms

Recallect is currently offered free of charge during the beta phase. If subscription fees or premium features are introduced in the future:

• You will receive advance notice of at least 30 days before any charges begin
• Pricing, billing terms, and payment methods will be clearly disclosed
• You will have the option to accept the new terms or discontinue use before charges apply
• Existing users may be offered promotional pricing or grandfathered benefits

No Credit Card Required: Recallect will never charge your credit card without your explicit authorization and prior consent.

14. Indemnification

You agree to indemnify, defend, and hold harmless Recallect, its parent companies, subsidiaries, affiliates, directors, officers, employees, agents, partners, contractors, and licensors from and against any and all:

• Claims, demands, actions, or proceedings
• Liabilities, damages, losses, or expenses (including reasonable attorneys' fees and costs)

Arising from or related to:

• Your breach of this Agreement or violation of any representation, warranty, or covenant herein
• Your negligence, fraud, willful misconduct, or illegal activities
• Your violation of any law, regulation, or third-party rights (including intellectual property, privacy, or publicity rights)
• Incorrect, false, or fraudulent information supplied by you
• Your use or misuse of the Service, including any content you submit or transmit

This indemnification obligation survives termination of this Agreement. Recallect reserves the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

15. Limitation of Liability

CRITICAL SECTION

Disclaimer of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL RECALLECT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business opportunities, or anticipated savings
• Loss of data, files, or information
• Loss of goodwill or reputation
• Business interruption or downtime
• Cost of procurement of substitute goods or services
• Personal injury or property damage
• Any damages arising from reliance on recall information

Whether arising from contract, tort (including negligence), strict liability, or any other legal theory, even if Recallect has been advised of the possibility of such damages.

Cap on Total Liability

In jurisdictions that do not allow exclusion of certain damages, Recallect's total aggregate liability for all claims arising out of or related to this Agreement or use of the Service, regardless of the form of action, shall not exceed the greater of:

• (a) The total amount of fees paid by you to Recallect in the three (3) months preceding the event giving rise to liability, or
• (b) One hundred U.S. dollars ($100.00)

Acknowledgment

You acknowledge and agree that:

• The limitations in this section are fundamental elements of the basis of the bargain between you and Recallect
• Recallect would not be able to provide the Service without these limitations
• These limitations shall apply even if any limited remedy fails of its essential purpose

Mandatory Rights

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, only those limitations that are lawful in your jurisdiction will apply, and Recallect's liability will be limited to the maximum extent permitted by law.

16. Termination

Termination by You

You may terminate this Agreement at any time by:

• Ceasing all use of the Service
• Deleting your account through account settings
• Contacting support@recallect.io to request account closure

Termination by Recallect

Recallect may suspend, restrict, or terminate your access to the Service, with or without notice, for:

• Violation of these Terms or the Privacy Policy
• Fraudulent, abusive, or illegal activity
• Risk to the Service, other users, or Recallect's business interests
• Extended periods of inactivity
• For any other reason at Recallect's sole discretion

Effect of Termination

Upon termination:

• Your license to use the Service immediately ceases
• You must cease all use of the Service and delete any downloaded materials
• Recallect may delete your account data in accordance with the Privacy Policy
• Sections relating to intellectual property, liability, indemnification, dispute resolution, and other provisions that by their nature should survive will continue in effect

17. Copyright Infringement / DMCA

Recallect respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been infringed, please provide a DMCA-compliant written notice to legal@recallect.io containing:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing with sufficient detail to locate it
• Contact information including address, telephone number, and email
• A statement of good faith belief that use is not authorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act

18. Anti-Bribery & Export Compliance

You agree that you will not distribute, transfer, or use the Service in violation of:

• Anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act (FCPA) and UK Bribery Act
• Export control regulations, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR)
• Economic sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC) or equivalent authorities

You represent and warrant that:

• You are not located in, under the control of, or a national or resident of any embargoed country
• You are not listed on any U.S. government list of prohibited or restricted parties
• You will not use the Service in any prohibited country or transfer it to any prohibited party

19. Modifications

Recallect reserves the right to modify, amend, or update these Terms at any time. When changes are made:

• Notice will be provided through email, platform notification, or prominent posting on the website
• Material changes will be communicated at least 30 days before taking effect
• Continued use of the Service after changes take effect constitutes acceptance of the modified Terms
• You should review the Terms periodically for updates

If you do not agree to modified Terms, your sole remedy is to discontinue use of the Service. The current version of these Terms will always be posted with the "Last Updated" date at the top.

Waiver: Failure by Recallect to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of Recallect.

20. Relationship of Parties

This Agreement does not create any partnership, joint venture, employment, agency, or franchise relationship between you and Recallect. The parties are independent contractors with respect to each other.

• You have no authority to bind Recallect to any agreement, debt, or liability
• You may not make representations on behalf of Recallect
• Neither party is entitled to employee benefits from the other
• Each party is responsible for its own taxes, insurance, and regulatory compliance

21. Governing Law & Jurisdiction

This Agreement and any disputes arising from or related to it shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

Any disputes not subject to mandatory arbitration (see Section 22) shall be resolved exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to personal jurisdiction in those courts.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

22. Dispute Resolution & Mandatory Arbitration

MANDATORY ARBITRATION

Informal Dispute Resolution

Before initiating any formal dispute resolution, you agree to first contact Recallect at legal@recallect.io to attempt to resolve the dispute informally. Both parties agree to negotiate in good faith for at least 30 days before proceeding to arbitration or litigation.

Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service (collectively, "Disputes") shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified by this section.

Exceptions to Arbitration

The following Disputes are not subject to arbitration:

• Small claims court actions (if the claim qualifies and remains in small claims court)
• Actions seeking injunctive or other equitable relief for intellectual property infringement
• Claims that cannot be arbitrated as a matter of law

Arbitration Procedures

• Arbitration will occur in Palm Beach County, Florida, or at another mutually agreed location
• The arbitrator, not any court or agency, shall have exclusive authority to resolve all disputes
• The arbitrator may award damages and relief only to the individual party seeking relief
• The arbitration shall be confidential
• The arbitrator's decision shall be final and binding, with limited grounds for appeal
• Judgment on the award may be entered in any court having jurisdiction

Class Action Waiver

YOU AND RECALLECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

• No arbitration or claim may be joined with another person's arbitration or claim
• No class arbitration or representative arbitration is permitted
• The arbitrator may not consolidate claims or conduct any representative proceeding

Jury Trial Waiver

YOU AND RECALLECT WAIVE ANY RIGHT TO A TRIAL BY JURY for all Disputes subject to arbitration.

Costs and Fees

Each party shall bear its own attorneys' fees and costs in arbitration, except that the prevailing party may be entitled to attorneys' fees and costs if authorized by law or the arbitrator's rules.

Limitation Period

Any claim or dispute must be commenced within one (1) year after the claim or cause of action arises. Claims filed after the limitation period are forever barred.

Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must send written notice to legal@recallect.io within 30 days of first accepting these Terms. Your notice must include:

• Your name and email address
• A clear statement that you wish to opt out of the arbitration agreement

If you opt out, all other Terms still apply, but disputes will be resolved in court rather than arbitration.

Severability

If any portion of this arbitration agreement is found to be unenforceable, the remainder shall continue in effect, except that if the class action waiver is found unenforceable, the entire arbitration agreement shall be void.

23. Miscellaneous

Entire Agreement

This Agreement, together with the Privacy Policy and any other documents incorporated by reference, constitutes the complete and exclusive agreement between you and Recallect concerning the subject matter herein, superseding all prior agreements, understandings, and communications.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. Invalid provisions shall be modified to the minimum extent necessary to make them valid and enforceable while reflecting the parties' original intent.

Assignment

You may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder without Recallect's prior written consent. Recallect may freely assign this Agreement. Any attempted assignment in violation of this provision is void.

No Third-Party Beneficiaries

This Agreement is solely for the benefit of you and Recallect. No third party has any right to enforce or benefit from any provision of this Agreement.

Force Majeure

Recallect shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Headings

Section headings and titles are for convenience only and do not affect the interpretation of this Agreement.

Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, liability limitations, indemnification, dispute resolution, and governing law provisions.

Notice Requirements