Terms of Service
Terms & Conditions Last updated: April, 2025
Welcome to Kuad’s Terms and Conditions.! Kuad provides a full-service, in-home chef platform, which facilitates and enhances chef services and makes healthy eating easy and accessible for all. These terms govern your use of OUR website/service and all content, features, and services offered therein. Please read these Terms and Conditions(“AGREEMENT”) carefully as Agreement is a legal agreement between you and Kuad Technologies LLC (“Kuad Technologies LLC,” ”Kuad”, “we,” “us,” Company," OR “our”).
Please read this Agreement carefully. By accessing or using kuad.us directly, or indirectly(“Website”), registering an account or accessing or using any content, information, services, features, or resources available or enabled via the Website (collectively, the “Platform”), or taking any action to reasonably signify your acceptance of this Agreement, you: (1) acknowledge and agree that you have read this Agreement and agree to be bound by the terms contained herein as well as any future amendments and additions to this Agreement as published through the Platform; (2) represent you are of legal age in your jurisdiction of residence to form a legally binding contract with Company; and (3) represent that you have the direct authority to enter into this Agreement personally or on behalf of a company you have named as the user, and to bind that company to this Agreement. The term “you” refers to the individual or legal entity, as may be applicable, identified as the user when you register on the Website, whether as a “Platform User” or “Chef” (as further defined in Section 1 below). Except as otherwise provided herein, if you do not agree to be bound by this Agreement, please do not register for, access or use the Platform in any capacity.
Your use of the Platform shall also be subject to any additional terms, conditions and policies that we separately post on the Platform and any agreements that you have separately executed with the Company (“Supplemental Terms”) which you agree are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement. For example, if you are a Chef (as further defined below) who has executed an Agreement with Kuad for use of the Platform (“Platform Agreement”), the terms of that Platform Agreement shall control and supersede this Agreement with respect to the subject matter of such Platform Agreement. Subject to Section 2.1 of this Agreement, we reserve the right in our sole discretion to modify this Agreement or its policies relating to the Platform at any time, effective immediately upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Platform. You agree that you are solely responsible for staying informed of any changes, and you should routinely review this Agreement. our continued use of the Platform after any such changes are made shall constitute your agreement and acceptance of such changes. Each time you use the Platform, you are reaffirming your acceptance of the then-current Terms and Conditions and this Agreement.
- The Platform The Platform is provided to facilitate connections between individuals (“Platform Users”) seeking independent professional level chefs (each, a “Chef” and collectively, the “Chefs”) seeking to provide in-home, chef experiences (the “Chef Services”). We offer a community marketplace for these connections to take place. The Chefs shall arrive with or without groceries (based on prior written agreement with customer), prepare meals, and leave Platform Users with prepared food to use for any occasion. The Chef Services may include weekly meal prep visits or events complete with table service. Platform Users can book Chef Services through the Platform (“Booking”). Each Chef Service booking shall be treated as a separate Booking for the purposes of this Agreement. Kuad’s responsibilities to Platform Users are limited to providing the Platform that provides an online marketplace which facilitates the connections between Chefs who wish to offer cooking services and meal preps ("Meal(s)") to customers who browse and purchase cooking services through Bookings. YOU ACKNOWLEDGE AND AGREE THAT KUAD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY CHEF EXPERIENCE OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ANY CHEF SERVICES ARE PROVIDED BY CHEFS AND NOT BY KUAD, AND PLATFORM USERS ACCEPT CHEF SERVICES AT A PLATFORM USER’S OWN RISK. PLATFORM USERS ARE SOLELY RESPONSIBLE FOR OBTAINING INSURANCE COVERAGE SUFFICIENT TO PROTECT THEMSELVES AND THEIR HOMES. CHEFS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF KUAD. KUAD DOES NOT PERFORM THE CHEF SERVICES AND DOES NOT HIRE CHEFS AS EMPLOYEES OF KUAD TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT KUAD DOES NOT SUPERVISE, DIRECT, CONTROL OR ACCEPT ANY RESPONSIBILITY FOR CHEF SERVICES BUT MAY MONITOR AND FACILITATE CHEF SERVICES MADE THROUGH THE PLATFORM.
- Platform Use The Platform, including any and all parts thereof, are protected by copyright laws throughout the world. Subject to the terms of this Agreement, Kuad grants you the right to access and use the features and functionality of the Platform. Unless otherwise specified by Kuad in a separate license, your right to use the Platform is subject to this Agreement and shall be limited to the use necessary to obtain the Services you request. 2.1 Updates and Modifications Kuad may, in its sole discretion, develop patches, bug fixes, updates, upgrades and other modifications to the Platform (“Updates”). These Updates may be automatically implemented without providing you any additional notice or receiving any consent, whether written or otherwise. Under this Agreement, you provide your consent to these Updates. If you do not want such Updates, your only remedy is to terminate your Account (as further defined below). If you do not terminate your Account, you shall receive Updates automatically. Kuad also reserves the right, in its sole discretion, to modify or discontinue the Platform at any time (including the option to limit or discontinue certain features of the Platform), temporarily or permanently, without any notice to you. We will have no liability on account of any change(s) to the Platform or any suspension or termination of your access to or use of the Platform. 2.2 Certain Restrictions Any rights granted to you in this Agreement shall be subject to the restrictions listed below: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Platform or any portion of the Platform; (b) you shall not use any trademark, service mark, or logo (including images, text, page layout or form) of Kuad; (c) you shall not use any metatags or other hidden text using Kuad's name, service marks, or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Platform ; (f) you shall not access the Platform to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Platform; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Platform or use the Platform; and (j) you shall not attempt to harm our Platform, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Platform, or interfering or attempting to interfere with use of the Platform by any other user, host or network. Any future release, Update or other addition to the Platform shall be subject to this Agreement. Kuad, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use, or suspected unauthorized user, of the Platform terminates the rights and licenses granted by Kuad pursuant to the Agreement. You agree to indemnify “Kuad Parties” (as defined in Section 7 below) in the event of any claims against Kuad based on or arising from your violation of the foregoing restrictions.
- Registration 3.1 Registration Data When registering an account through the Platform (“Account”), you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Platform under the laws of the United States, your place of residence or any other applicable jurisdiction. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any password provided by you or Kuad for accessing your Account on the Platform. You are solely and fully responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Platform by minors. You may not share your Account or password with anyone, and you agree to (x) notify Kuad immediately of any unauthorized use of your password or any other breach of security; and (y) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kuad has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kuad has the right, in its sole discretion, to suspend or terminate your Account at any time for any reason or for no reason and refuse any and all current or future use of the Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. You agree not to create an Account or use the Platform if you have been previously removed by Kuad, or if you have been previously banned from the Platform. 3.2 Equipment Required for Services In order to receive the Chef Services, Platform Users must be able to provide certain tools and equipment for cooking, including, but not limited to, a cutting board, spatula, whisk, blender, several mixing bowls, pots, pans, tongs, a baking sheet, a working oven, stove, refrigerator, running water, and functioning restroom with toilet and sink. Moreover, for Chef Services that include multi-meal preparation, you must provide several storage containers. Any additional requirements can be agreed upon when Services are booked.
- Fees/Payment Terms 4.1 Payment Terms for Chefs Chefs using the Platform will set their own rates for services to be provided. Kuad does not take a percentage of the chef’s earnings, however, processing fees may apply for transactions. All payments from customers will be processed through the Company’s designated third-party payment processor, Stripe. Payments will be deposited into the chef’s designated bank account or digital wallet within 7 - 14 business days for the first payout and within 2 days thereafter, after service completion. While Kuad does not take a cut from earnings, payment processing fees and applicable taxes may be deducted before payouts. You are responsible for and agree to pay all charges associated with your order for services. Kuad is not responsible for delays caused by banks, third-party processors, or incorrect payout details provided by the chef. Chefs shall be solely responsible for reporting and paying any and all applicable taxes on their earnings. Kuad does not withhold taxes on behalf of chefs. If required by law, Kuad may request tax forms (e.g., W-9 for U.S. chefs) before processing payouts above certain thresholds. If a dispute arises regarding payment or service fulfillment, Kuad reserves the right to mediate and determine fair compensation based on available evidence. Kuad reserves the right to modify these payment terms at any time. Chefs will be notified of changes in advance, and continued use of the Platform constitutes acceptance of the new terms.
4.2 Fraud Prevention & Account Suspension Chefs shall be required to complete identity verification and provide valid banking information before receiving payments. Any fraudulent activity, misrepresentation, or violation of Kuad’s policies may result in withheld payments and account suspension, in Kuad’s sole discretion. If a chargeback is filed by a customer, Kuad reserves the right to withhold or recover the disputed amount from the chef’s future earnings. 4.3 Payment Terms for Platform Users Platform User agrees to paying a fee for each Booking (“Total Fee”). Upon Booking a Chef Service, Kuad may pre-authorize and charge your Payment Method (as defined below) in an amount deemed appropriate by Kuad, in Kuad’s sole discretion, to cover the Chef Services for the period to which you have initially ordered such Chef Services, inclusive of, without limitation, estimated grocery cost, Service fee and any applicable sales tax. Thereafter, prior to each Chef Service, Kuad may charge a pre-authorization for similar charges for each Chef Service, and then for the actual Total Fee thereof after the Chef Service. You, as a Platform User, agree to pay the Total Fee in connection with your Account for any requested Chef Services. Further, you may, in your discretion, elect to tip the Chef an additional amount, but you acknowledge that Kuad does not mandate any such tip or gratuity. You hereby agree to pay the amount you authorize as a tip for the applicable Chef. You, as a Platform User, will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Kuad from any and all taxes, including sales tax, based on any payments made by you via the Platform. Kuad does not make any representation or render any advice as to the potential tax implications of any payments made via the Platform, and you should consult your tax professional with regards to the same. Except as otherwise set forth herein or agreed to in writing by Kuad, all fees paid by Platform Users are non-refundable. You are responsible for and agree to pay all charges associated with your Account. You also agree to pay all applicable taxes. All information that you provide to us or to the Payment Processor must be accurate, current, and complete. You agree to immediately update your Account in the event of any change in your payment information. By requesting any Chef Services, you authorize Kuad to charge your Payment Method in accordance with this Section 4. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD USED TO PAY ANY FEES. As a Platform User, you agree to pay all charges incurred through your Account.
4.4 Cancellation and Refund Policy Cancellations Made More Than 48 Hours Before the Service Date: If a customer cancels a booking more than 48 hours prior to the scheduled service date, the customer will receive a full refund of the payment made. Cancellations Made Between 48 and 24 Hours Before the Service Date: If a customer cancels a booking between 48 and 24 hours before the scheduled service date, the customer will receive a 50% refund, while the remaining 50% of the payment will be paid to the chef. Cancellations Made Within 24 Hours of the Service Date: If a customer cancels a booking within 24 hours of the scheduled service date, the chef will receive full payment, and the customer will not be eligible for a refund. Policy Modifications: Kuad reserves the right to modify or update its cancellation and refund policies at any time, at its sole discretion. Any changes to the policy will be communicated to Platform Users in advance and will take effect as stated in the updated Terms of Service. 4.5 Account Deactivation You may deactivate your Account at any time, provided that you click “Deactivate” within the Platform . Such deactivation shall terminate your Account and immediately suspend all Bookings that are scheduled to occur more than forty-eight (48) hours after such notice of deactivation is sent to Kuad. You must create a new Account to make future Bookings after deactivation. 4.6 Third Party Payment Method Kuad uses a third-party payment processor (the “Payment Processor”) for payment services (e.g., card acceptance, merchant settlement, and related services). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at: https://stripe.com/legal/ssa and their Privacy Policy at https://stripe.com/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By reserving the Chef Services, you agree to pay us, through the Payment Processor, all charges in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to change our Payment Processor at any time. 4.7 Promotions Any promotion that provides access to the Platform must be used within the specified time of the promotion. In addition, the promotion may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without Kaud's prior written approval. At the end of the specified period, your use of that Chef Service will expire, and any further use of the Service is prohibited unless you pay the Total Fee. Kuad reserves the right to withdraw or deactivate any promotion for any reason, at any time.
4.8 Anti-Circumvention Platform Users shall not engage Chefs and Chefs shall not solicit Platform Users outside of the Platform, whether directly or indirectly, for the Chef Services. In the event a Chef induces, suggests, or otherwise solicits any Platform User’s request for Chef Services outside the Website, or a Platform User attempts to engage the Chef for Chef Services outside of the Platform, without limiting any available other remedies, Kuad shall have the right to immediately terminate the Platform User and/or Chef Accounts, as applicable, without notice, with no liability and no further obligation to either the Platform User or Chef. If Platform User engages Chef outside of the Platform, Platform User shall pay Kuad amount lost as a result of the engagement (i.e., the Total Fee less the suggested Chef Fee for the Chef Service). Kaud shall also have available any other remedies available at law, to include an injunction. 5. Ownership 5.1 Platform and Trademarks You agree that Kuad and its suppliers own all rights, title and interest in the Platform, and all parts thereof. You shall not remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or Platform for any reason.“Kuad” and other related graphics, logos, service marks and trade names used on or in connection with the Platform are the trademarks of Kuad and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Platform are the property of their respective owners.
5.2 Kuad Content You agree that you have no right or title in or to any Kuad content that appears on or in the Platform. 5.3 Feedback You agree that submission of any ideas, suggestions, documents, and/or proposals to Kuad through its suggestion, feedback, wiki, forum or similar pages or via email (“Feedback”) is at your own risk and that Kuad has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. . 6. Interactions with Other Platform Users Platform Users and Chefs are solely responsible for their interactions with each other, and any other parties with whom they interact; provided, however, that Kuad reserves the right, but has no obligation, to intercede in disputes in Kuad’s sole discretion. Platform Users and Chefs agree that Kuad will not be responsible for any liability incurred as the result of such interactions. YOU UNDERSTAND THAT KUAD MAY, BUT IS NOT OBLIGATED TO CONDUCT CRIMINAL BACKGROUND CHECKS OR EVALUATE THE CREDENTIALS OF ANY PLATFORM USER OR CHEF. KUAD MAY, BUT IS NOT OBLIGATED TO, INQUIRE INTO THE BACKGROUNDS OF ITS PLATFORM USERS OR CHEFS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS PLATFORM USERS OR CHEFS. KUAD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF PLATFORM USERS OR CHEFS. KUAD RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. 7. Indemnification You agree to indemnify and hold Kuad, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Kuad Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, the Platform; (b) your violation of the Agreement; (c) your violation of any rights of another party, including any other Platform Users or Chefs; and (d) your violation of any applicable laws, rules or regulations. Kuad reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kuad in asserting any available defenses. This provision does not require you to indemnify any of Kuad Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or Platform provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement or your access to the Platform. 8. Disclaimer of Warranties and Conditions 8.1 As Is YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THE PLATFORM AND THE CHEF SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. KUAD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE PLATFORM. (i) KUAD PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PLATFORM WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE PLATFORM IS ACCURATE, COMPLETE, OR CURRENT; (3) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (4) ANY ERRORS ON THE PLATFORM WILL BE CORRECTED; (5) YOUR USE OF THE PLATFORM WILL NOT EXPOSE YOUR HARDWARE OR NETWORKS TO ADDITIONAL SECURITY RISK; OR (6) THE PLATFORM WILL BE COMPATIBLE WITH YOUR DEVICES. (ii) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. (iii) THE PLATFORM MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. KUAD MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE PLATFORM, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF PLATFORM. 8.2 No Liability for Conduct of Third Parties YOU ACKNOWLEDGE AND AGREE THAT KUAD PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD KUAD PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. 9. LIMITATION OF LIABILITY; INSURANCE 9.1 Disclaimer of Certain Damages TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KUAD PARTIES BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT KUAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Kuad Parties do not guarantee the quality, suitability, safety or ability of Chefs, and each Platform User agrees that the entire risk arising out of their use of Chef Services remains solely with such Platform User, to the maximum extent permitted under applicable law. Kuad is not responsible for the conduct, whether online or offline, of any Chefs, and will not be liable for any claim, injury or damage arising in connection with any Chef Services. 9.2 Cap on Liability UNDER NO CIRCUMSTANCES WILL KUAD PARTIES BE LIABLE TO PLATFORM USERS FOR MORE THAN THE LESSER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE BY KUAD DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; OR (C) ONE HUNDRED DOLLARS ($100). THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SUBSECTION MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
9.3 Liability for Chef’s Actions; Indemnification and Insurance Protection
(i) Notwithstanding the above, Kuad requires all Chefs to have their own insurance in the event Platform Users need to file any claims for actions or inactions of Chefs (the “Insurance”). The Insurance may include coverage for direct or vicarious liability for bodily injury or property damage caused by a Chef’s actions (“Liabilities”).
(ii) Accordingly, subject to the Chef's performance of Chef Services procured via the Platform and subject to the other conditions set forth herein, Chefs agree to indemnify and hold Platform Users’ harmless from Liabilities suffered that are caused by a Chef's negligence during his or her performance of Chef Services procured with the Platform to the extent covered by Insurance (which is expressly subject to change from time to time),. 10. Limitations of the Platform
10.1 Third-Party Services
The Platform may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website or Third-Party Ad, we will not warn you that you have left the Platform and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Ads are not under the control of Kuad. Kuad is not responsible for any Third-Party Websites or Third-Party Ads. Kuad provides these Third-Party Websites and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Ads, or their products or services. You use all links in Third-Party Websites and Third-Party Ads at your own risk. When you leave our Website, our Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
10.2 Release
You hereby release Kuad Parties from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Platform and Chef Services, including but not limited to, any interactions with or conduct of Chefs or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Platform. Should you, as a Platform User, have a dispute with respect to the Platform or any Chef Services, you may address such dispute with Kuad, but the Chef retains sole responsibility for issues arising during Chef Services or during communication pertaining to Chef Services outside of the Platform. You, as a Platform User, hereby agree to release Kuad Parties from any losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from or in any way connected with such disputes and your dealings with Chefs.
11. Termination and Deactivation
11.1 Termination of Account
This Agreement will remain in full force and effect until your Account is terminated as provided herein. You may delete your Account at any time for any reason through the settings in your Account on the Platform. Kuad may terminate or suspend your Account if (a) you are in breach of the Agreement; (b) if Kuad decides in its sole discretion to stop facilitating the provision of the applicable Chef Services; or (c) for any or no reason, without giving you notice. You understand that any termination of this Agreement and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. Kuad will not have any liability whatsoever to you for any termination or suspension of your Account or related deletion of your information. Deactivation includes removal of Platform User’s access to such Platform and barring of further use of the Platform. Upon Deactivation of the Platform, your right to use such Platform will automatically terminate immediately. Kuad will not have any liability to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of the Platform, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
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International Platform Users The Platform can be accessed from countries around the world and may contain references to services and content that are not available in your state or country. These references do not imply that Kuad intends to announce such services and content in your state or country. The Platform is controlled and offered by Kuad from its facilities in cities and states where it chooses to operate in the United States of America. Kuad makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other states or countries do so at their own volition and are responsible for compliance with local law.
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General Provisions 13.1 Electronic Communications The communications between you and Kuad use electronic means, whether you visit the Platform or send Kuad e-mails, or whether Kuad posts notices on the Platform or communicates with you via e-mail. You (a) consent to receive communications from Kuad in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kuad provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. 13.2 Assignment The Agreement along with all of the provisions hereof, and your rights, duties, interest, and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Kuad’s prior written consent, which may be withheld in Kuad’s sole discretion, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Kuad shall have the right to freely assign this Agreement, in whole or in part, without your prior consent. 13.3 Force Majeure Kuad shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any delay or failure to in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is resulting from causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, earthquakes, explosions, invasions, hostilities, government order or law, national or regional emergency, epidemics, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 13.4 Questions, Complaints, Claims If you have any questions, complaints or claims with respect to the Platform, please contact us at: info@kuad.us. 13.5 Exclusive Venue To the extent the parties are permitted under this Agreement to initiate litigation in a court, or in the event this Section 13.5 is held to be unenforceable for any reason, both you and Kuad agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located inDelaware. 13.6 Governing Law The Agreement and any action related thereto shall be governed and interpreted by and under the substantive laws of the State of Delaware, consistent with the Federal Arbitration Act, without regard to conflicts of laws. 13.7 Notice All notices and communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, or when sent by registered or certified mail, return receipt requested, postage prepaid, to the address of the party to whom such notice is to be given. Where Kuad requires that you provide an e-mail address, you are responsible for providing Kuad with your most current e-mail address. In the event that the last e-mail address you provided to Kuad is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Kuad’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Kuad at the following email address: info@kuad.us. 13.8 Waiver Any waiver or failure to enforce any provision of this Agreement on one occasion by Kuad shall not operate and will not be construed as a waiver of any other provision or of such provision on any other occasion. 13.9 Severability If any portion, term or provision of this Agreement is held or made invalid or unenforceable by a court decision, statute or rule, or shall be otherwise rendered invalid or illegal, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions of this Agreement shall be considered severable and remain in full force and effect. 13.10 Export Control You may not use, export, import, or transfer the Platform except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Platform, and any other applicable laws. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Platform, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Platform for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Kuad are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Kuad products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. 13.11 Entire Agreement This Agreement constitutes the final, complete and exclusive agreement of the parties hereto with respect to the subject matter hereof and supersedes and merges all prior representations, discussions, understandings or agreements between the parties (whether oral or written and whether expressed or implied) with respect to such subject matter hereof.