MrGarnish TERMS AND CONDITIONS OF USE

MrGarnish. These Terms and Conditions of Use

Last Updated: April 22, 2025

1. AGREEMENT TO TERMS

Welcome to MrGarnish. These Terms and Conditions of Use ("Terms") constitute a legally binding agreement between you and MrGarnish ("we," "our," or "us") regarding your use of the MrGarnish mobile application ("App"), a dedicated visualization tool focused exclusively on food presentation and garnishing.

By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the App.

2. CHANGES TO TERMS

We reserve the right to modify these Terms at any time at our sole discretion. All changes are effective immediately upon posting in the App or on our website. Your continued use of the App following the posting of revised Terms means you accept the changes.

3. USING THE APP

3.1 License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal or professional purposes on a device that you own or control.

3.2 Features and Functionality

The App allows you to:

  • Capture photos of prepared dishes
  • Browse a library of garnish icons
  • Experiment with food presentation by placing digital garnishes on your photos
  • Share your plating designs with others


3.3 Restrictions

You agree not to:

  • Use the App in any way that violates applicable laws or regulations
  • Use the App to infringe on the intellectual property rights of others
  • Attempt to gain unauthorized access to any part of the App or its systems
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble the App
  • Use the App in a manner that could damage, disable, overburden, or impair the App
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices
  • Use the App for any commercial purpose not expressly permitted by these Terms


3.4 Updates

We may from time to time develop patches, bug fixes, updates, or other modifications to improve the App. These may be automatically installed without providing additional notice or requiring additional consent.

4. USER CONTENT

4.1 Your Content

The App allows you to create and store content including photos of your dishes and plating designs ("User Content"). All of your User Content remains on your device. You retain all rights to your User Content, and we do not collect, store, or access your User Content on our servers.

4.2 Responsibility for Content

You are solely responsible for all User Content that you create within the App. You represent and warrant that:

  • You own or have the necessary rights to use the images and content you import into the App
  • Your User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity


4.3 Prohibited Content

You agree not to use the App to create any content that:

  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights
  • Violates the privacy or publicity rights of any third party
  • Contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of any computer software or hardware


5. INTELLECTUAL PROPERTY RIGHTS

5.1 App Ownership

The App, including its content, features, and functionality (specifically including all garnish icons and digital assets), is owned by MrGarnish and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

5.2 Garnish Library

The extensive garnish library featuring over 2,000 high-resolution garnish icons is the intellectual property of MrGarnish. While you may use these icons within the App for your food presentation designs, you do not acquire ownership rights to any of these digital assets.

6. PRIVACY

Your privacy is important to us. Please review our Privacy Policy, which explains our no-data-collection approach. MrGarnish does not collect, store, or share your personal information with any third parties.

7. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including but not limited to your User Content and your use of the garnish library.

10. TERMINATION

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the App will immediately cease.

11. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of [YOUR JURISDICTION], without regard to its conflict of law provisions.

12. DISPUTE RESOLUTION

Any dispute arising from or relating to these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of [APPROPRIATE ARBITRATION ASSOCIATION] in [YOUR JURISDICTION]. The arbitration shall be conducted in [CITY, STATE/PROVINCE], and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13. FEEDBACK

We welcome your suggestions for improvements to the App, including recommendations for new garnishes or features. By providing feedback, you grant us the right to use that feedback without any restriction or compensation to you.

14. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and MrGarnish regarding the App and supersede all prior and contemporaneous written or oral agreements between us.

16. CONTACT US

If you have any questions about these Terms, please contact us at:

banchaapps@gmail.com

By using the App, you acknowledge that you have read and understand these Terms and Conditions of Use.