Terms of service.
1. Introduction: Welcome to Sous, a digital platform designed to facilitate transactions between users and personal chefs for in-home culinary services. This document constitutes the Terms of Service ("Terms") that govern your access to and use of the Sous application and its associated services. By accessing or using Sous, you agree to comply with these Terms.
Purpose: Sous serves as a marketplace where users can engage personal chefs for in-home culinary services, including weekly meal preparation and private event catering. These Terms outline the guidelines and obligations governing the use of Sous by both users and personal chefs.
Key Features:
Discover Personal Chefs: Sous enables users to explore profiles and menus of personal chefs, review ratings, and engage chefs for culinary services.
Booking Services: Users can schedule appointments with personal chefs for in-home meal preparation or private events, subject to availability and mutual agreement on terms.
Transaction Processing: Sous facilitates secure transactions between users and chefs, including payment processing and record-keeping for service agreements.
Vision: At Sous, our vision is to establish a trusted digital marketplace that prioritizes integrity, transparency, and user satisfaction. We are committed to fostering a community of culinary professionals and users who uphold the highest standards of quality and service. Through Sous, we strive to enhance the in-home dining experience while safeguarding the rights and interests of all parties involved.
Thank you for choosing Sous. We encourage you to review the following Terms carefully before using our platform. If you have any questions or concerns, please don't hesitate to contact us for assistance.
2. Acceptance of Terms
By accessing or using the Sous application and its associated services, you acknowledge and agree to be bound by these Terms of Service ("Terms"). Your use of Sous constitutes your acceptance of these Terms, including any future amendments or modifications. If you do not agree to abide by these Terms, you are not authorized to access or use Sous.
User Consent
By using Sous, you affirm that you are of legal age and have the legal capacity to enter into these Terms. If you are using Sous on behalf of a company or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.
Updates and Modifications
Sous reserves the right to update, modify, or replace these Terms at any time. We will notify users of any material changes to these Terms by posting a notice within the Sous application or by sending an email to the email address associated with your account. Your continued use of Sous following the posting of any changes constitutes acceptance of those changes.
Termination of Access
Sous reserves the right to suspend or terminate your access to Sous at any time, with or without cause, and with or without notice. Upon termination, your right to use Sous will cease immediately.
Responsibility for Account Security
You are responsible for maintaining the confidentiality of your Sous account credentials and for all activities that occur under your account. You agree to notify Sous immediately of any unauthorized use of your account or any other breach of security.
Electronic Communication
By using Sous, you consent to receive electronic communications from Sous, including notices, updates, and other information relevant to your use of the platform. You agree that all agreements, notices, disclosures, and other communications that Sous provides to you electronically satisfy any legal requirement that such communications be in writing.
3. User Accounts
Your Sous account is the gateway to accessing and utilizing the platform's features and services. By creating a Sous account, you agree to the following terms and conditions:
Registration Information: When creating your Sous account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You also acknowledge that maintaining the accuracy of this information is your responsibility and agree to promptly update any changes to ensure its accuracy.
Account Security: You are solely responsible for maintaining the confidentiality of your Sous account credentials, including your username and password. You agree not to share your account information with any third party or permit anyone else to access your account. Sous is not liable for any loss or damage arising from your failure to comply with these security obligations.
Unauthorized Access: You agree to notify Sous immediately if you become aware of any unauthorized use of your account or any other breach of security. Sous reserves the right to suspend or terminate your account, or take other appropriate action, in the event of suspected unauthorized activity.
Account Termination: You have the right to terminate your Sous account at any time by following the appropriate procedures provided within the application. Sous reserves the right to suspend or terminate your account at its discretion, with or without cause, and without prior notice.
Account Ownership: Your Sous account is personal to you and may not be transferred or assigned to any other person or entity without Sous' prior written consent. You agree that you are solely responsible for all activities conducted through your account.
Account Verification: Sous reserves the right to verify the accuracy and authenticity of information provided during the registration process. You agree to cooperate with any requests for additional information or verification as deemed necessary by Sous.
Inactive Accounts: Sous reserves the right to deactivate or delete accounts that have been inactive for an extended period of time, as determined by Sous in its sole discretion.
Communication Preferences: By creating a Sous account, you consent to receive communications from Sous, including account-related notifications, updates, and promotional materials. You may opt out of receiving promotional communications at any time by adjusting your communication preferences within the application.
4. User Conduct
As a user of the Sous platform, you agree to adhere to the following guidelines and standards of conduct:
Respectful Interactions: You agree to engage with personal chefs, other users, and Sous staff in a respectful and courteous manner at all times. Harassment, discrimination, hate speech, or any form of abusive behavior will not be tolerated.
Compliance with Laws and Regulations: You agree to comply with all applicable laws, regulations, and industry standards while using Sous. This includes, but is not limited to, laws related to privacy, intellectual property, and consumer protection.
Content Integrity: You agree to upload, post, or transmit content on Sous that is lawful, accurate, and appropriate. You acknowledge that you are solely responsible for the content you publish on the platform and that Sous reserves the right to remove any content that violates these Terms or is deemed objectionable.
Prohibited Activities: You agree not to engage in any of the following activities while using Sous:
Uploading, transmitting, or distributing content that is unlawful, defamatory, obscene, or otherwise objectionable.
Attempting to gain unauthorized access to Sous' systems or networks, or engaging in any activity that disrupts, interferes with, or damages Sous' services.
Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
Responsible Use of Services: You agree to use Sous' services solely for their intended purposes, which include but are not limited to, discovering personal chefs, scheduling culinary services, and facilitating transactions. Any use of Sous for illegal or unauthorized purposes is strictly prohibited.
Feedback and Reviews: You agree to provide honest and constructive feedback and reviews of personal chefs and their services based on your genuine experiences. Any attempt to manipulate or falsify feedback or reviews is strictly prohibited and may result in the suspension or termination of your account.
Reporting Violations: If you become aware of any violations of these Terms or suspect unauthorized activity on Sous, you agree to report such incidents to Sous immediately for investigation.
Consequences of Violations: Violation of these User Conduct guidelines may result in the suspension or termination of your Sous account, at Sous' discretion. Sous reserves the right to take appropriate action against any user found to be in breach of these Terms, including legal recourse if necessary.
5. Content Ownership and Usage Rights
When using the Sous platform, you retain ownership of the content you upload, post, or transmit ("User Content"). However, by uploading User Content on Sous, you grant Sous a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content for the purposes of operating and improving Sous and providing services to users.
User Content Responsibility: You acknowledge and agree that you are solely responsible for the User Content you upload, post, or transmit on Sous. You represent and warrant that you have all necessary rights, licenses, and permissions to grant Sous the license described above and that the User Content does not violate any third-party rights or applicable laws.
Intellectual Property Rights: Sous respects the intellectual property rights of others and expects users to do the same. You agree not to upload, post, or transmit any User Content that infringes upon or violates the intellectual property rights of others, including copyrights, trademarks, or patents.
Chef Content and Service Listings: Personal chefs retain ownership of the content they upload, post, or transmit on Sous, including profiles, menus, and service listings ("Chef Content"). However, personal chefs grant Sous a non-exclusive, royalty-free license to use Chef Content for the purpose of promoting and marketing their services on Sous.
Content Moderation: Sous reserves the right to monitor, review, and remove any User Content or Chef Content that violates these Terms or is deemed objectionable, inappropriate, or unlawful. Sous may also suspend or terminate accounts of users or chefs who repeatedly violate these guidelines.
User Feedback and Reviews: User feedback and reviews submitted on Sous are considered User Content and are subject to the same ownership and usage rights outlined in this section. By submitting feedback and reviews, you grant Sous the right to display, modify, and distribute this content for the purpose of enhancing the user experience and improving Sous' services.
Data Privacy: Sous is committed to protecting the privacy and security of user data. Please refer to Sous' Privacy Policy for information on how user data is collected, used, and protected.
No Endorsement: The presence of User Content or Chef Content on Sous does not imply endorsement by Sous. Sous does not guarantee the accuracy, reliability, or quality of User Content or Chef Content, and users should exercise caution and discretion when relying on such content.
6. Privacy Policy
Sous is committed to protecting the privacy and security of its users' personal information. This Privacy Policy outlines how Sous collects, uses, and protects user data when you use the Sous platform. By using Sous, you consent to the practices described in this Privacy Policy.
Information Collection: Sous collects personal information provided by users during the account registration process and when using Sous' services. This information may include your name, email address, contact information, and other relevant details necessary for providing and improving Sous' services.
Information Usage: Sous uses the information collected to operate, maintain, and improve Sous' platform and services, including facilitating transactions, providing customer support, and sending important notifications and updates. Sous may also use aggregated and anonymized data for analytical and marketing purposes.
Information Sharing: Sous may share user information with trusted third-party service providers who assist in operating Sous and delivering services to users. Sous may also share user information in response to legal requests, to protect Sous' rights or property, or to ensure the safety and security of Sous' users.
Data Security: Sous employs industry-standard security measures to protect user data from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and Sous cannot guarantee absolute security of user data.
Third-Party Links and Services: Sous may contain links to third-party websites or services that are not owned or controlled by Sous. This Privacy Policy applies only to information collected by Sous and does not cover the privacy practices of third-party websites or services. Users should review the privacy policies of third-party websites before providing any personal information.
Age Requirement: Sous is intended for use by individuals who are 18 years of age or older. Sous does not knowingly collect personal information from individuals under the age of 18. If you are under 18, please do not use Sous or provide any personal information through the platform.
Changes to the Privacy Policy: Sous reserves the right to update or modify this Privacy Policy at any time. Any changes to the Privacy Policy will be reflected on this page, and users will be notified of significant changes through email or within Sous' platform. Continued use of Sous after the posting of changes constitutes acceptance of those changes.
Contact Us: If you have any questions or concerns about Sous' Privacy Policy or data practices, please contact Sous at help@sous.so.
7. Payment and Subscription Terms
By using the Sous platform, you agree to the following terms and conditions regarding payments and subscriptions:
Service Fees: Sous may charge fees for certain services provided through the platform, including but not limited to booking personal chef services and facilitating transactions. Any applicable fees will be clearly disclosed to you before you confirm a booking or transaction.
Payment Methods: You agree to provide accurate and up-to-date payment information when making purchases or transactions through Sous. Sous currently accepts major credit cards, debit cards, and other payment methods as indicated on the platform.
Subscription Services: Sous may offer subscription-based services that provide users with access to additional features or benefits. Subscription terms, including billing cycles, fees, and renewal policies, will be clearly outlined before you subscribe to any service. You may cancel your subscription at any time, subject to the terms of the subscription agreement.
Billing and Invoicing: Sous will bill you for all applicable fees and charges incurred through your use of the platform. You agree to pay all charges incurred by you or any users of your account, including applicable taxes and other fees. Invoices and billing statements will be provided to you electronically through the Sous platform or via email.
Refunds and Cancellations: Refund and cancellation policies may vary depending on the nature of the service and the terms agreed upon between you and the personal chef or service provider. Sous will make reasonable efforts to facilitate refunds or cancellations in accordance with applicable policies and regulations.
Dispute Resolution: In the event of a dispute regarding charges or payments made through Sous, you agree to contact Sous customer support promptly to resolve the issue. Sous will investigate the dispute and work with you to reach a satisfactory resolution in accordance with these Terms and applicable laws.
Third-Party Payment Processors: Sous may use third-party payment processors to facilitate transactions on the platform. By using Sous, you agree to abide by the terms and conditions of these third-party payment processors, which may include additional fees, terms of service, and privacy policies.
Changes to Payment Terms: Sous reserves the right to update or modify these Payment and Subscription Terms at any time. Any changes to the Payment and Subscription Terms will be effective immediately upon posting on the Sous platform. Your continued use of Sous after the posting of changes constitutes acceptance of those changes.
8. Liability and Disclaimers
By using the Sous platform, you agree to the following liability provisions and disclaimers:
Limitation of Liability: Sous and its affiliates, directors, officers, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or loss of goodwill, arising out of or in connection with your use of Sous, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Sous has been informed of the possibility of such damages.
No Warranty: Sous provides its platform and services on an "as-is" and "as-available" basis, without any warranties or representations of any kind, whether express or implied. Sous makes no representations or warranties regarding the accuracy, reliability, availability, suitability, or completeness of the platform or its content. You acknowledge and agree that your use of Sous is at your own risk.
Service Interruptions: Sous does not guarantee uninterrupted, secure, or error-free operation of its platform. Sous may temporarily suspend or limit access to the platform for maintenance, upgrades, or other reasons, without prior notice. Sous shall not be liable for any losses or damages incurred as a result of such interruptions or limitations.
Third-Party Services and Content: Sous may include links to third-party websites, services, or content that are not owned or controlled by Sous. Sous does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Sous shall not be liable for any damages or losses incurred as a result of your interactions with third-party websites or services.
Legal Compliance: You agree to use Sous in compliance with all applicable laws, regulations, and industry standards. You acknowledge and agree that Sous shall not be liable for any damages or losses incurred as a result of your failure to comply with such laws, regulations, or standards.
9. Indemnification
You agree to indemnify, defend, and hold harmless Sous and its affiliates, directors, officers, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of Sous, your violation of these Terms, or your violation of any rights of any third party, or in connection with:
Your Use of Sous: Any use or misuse of the Sous platform, including but not limited to your violation of these Terms of Service, your violation of any rights of another party, or your violation of any applicable laws, regulations, or third-party rights.
Your Content: Any content you upload, post, transmit, or otherwise make available on Sous, including but not limited to User Content and Chef Content, and any claims alleging that your content infringes upon or violates the intellectual property rights, privacy rights, or other rights of third parties.
Your Conduct: Any conduct or activity undertaken by you on Sous, including but not limited to your interactions with other users, personal chefs, or third-party service providers, and any claims alleging that your conduct or activity caused harm or damage to another party.
Legal Proceedings: Any legal proceedings, claims, demands, or actions brought against Sous or its affiliates as a result of your actions, omissions, or negligence, including but not limited to claims for personal injury, property damage, or financial loss.
Cooperation: You agree to cooperate fully with Sous in the defense of any claims or legal proceedings covered by this indemnification provision. Sous reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.
Notice of Claim: You agree to promptly notify Sous of any claims, demands, or actions brought against you or Sous that may give rise to indemnification obligations under these Terms. Failure to provide timely notice may impair Sous' ability to defend against such claims.
Reservation of Rights: Sous reserves the right to participate in the defense of any claims subject to indemnification by you, with counsel of its own choosing, at its own expense. Sous also reserves the right to settle any such claims at its discretion, with your consent not to be unreasonably withheld.
10. Dispute Resolution
In the event of any disputes arising from your use of the Sous platform, the following dispute resolution procedures shall apply:
Informal Resolution: In the event of a dispute, you agree to first attempt to resolve the matter informally by contacting Sous customer support at help@sous.so. Sous will make reasonable efforts to address and resolve your concerns in a timely and efficient manner.
Mediation: If the dispute cannot be resolved informally, you agree to attempt to resolve the dispute through mediation conducted by a mutually agreed-upon mediator. The cost of mediation shall be shared equally by both parties, unless otherwise agreed upon.
Arbitration: If mediation is unsuccessful or not feasible, you agree to resolve the dispute through binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA) or other mutually agreed-upon arbitration service. The arbitration shall be conducted by a single arbitrator appointed by mutual agreement or in accordance with the AAA rules.
Governing Law: These Terms and any disputes arising therefrom shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.
Venue: Any arbitration proceedings or legal actions arising from these Terms shall be conducted in the appropriate courts of the State of Illinois, and you hereby consent to the exclusive jurisdiction and venue of such courts.
Class Action Waiver: You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Sous. Any disputes shall be resolved on an individual basis and not consolidated with any other proceedings or disputes.
Attorney's Fees: In the event of a dispute, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in connection with the dispute, arbitration, or litigation, as determined by the arbitrator or court.
Severability: If any provision of this Dispute Resolution section is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. Changes to the Terms of Service
Sous reserves the right to update, modify, or revise these Terms of Service at any time, in its sole discretion, without prior notice. Any changes to the Terms of Service will be effective immediately upon posting on the Sous platform. You are encouraged to review these Terms periodically for any updates or changes.
Notification of Changes: Sous may notify you of significant changes to the Terms of Service through email or by posting a prominent notice within the Sous platform. Your continued use of Sous after the posting of changes constitutes acceptance of those changes.
Review of Changes: It is your responsibility to review the updated Terms of Service periodically to ensure that you understand and agree to the most current version. If you do not agree with any changes to the Terms of Service, your sole recourse is to discontinue your use of Sous.
Continued Use: By continuing to use Sous after the posting of changes to the Terms of Service, you acknowledge and agree to be bound by the updated Terms. Your continued use of Sous reaffirms your acceptance of the Terms of Service as modified.
12. Severability:
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.
Effective Date:
These Terms of Service are effective as of April 2, 2024.
Contact Us:
If you have any questions or concerns about changes to the Terms of Service, please contact us at help@sous.so.