LogMeal Terms of Service

LogMeal’s service enables developers and businesses to integrate technology capabilities into their applications, including mobile, web-based and desktop applications. LogMeal provides its services subject to the terms and conditions contained in these Terms of Service (this "Agreement"). To become eligible to use LogMeal’s services under this Agreement, you must review and accept the terms of this Agreement by clicking on the "Accept" button or other mechanism provided.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE (THE "TERMS" OR "TERMS OF USE"), BECAUSE THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR THE ENTITY ACCESSING OR USING THE SERVICE, AND LOGMEAL. BY ACCESSING THE SERVICE OR BY USING IT IN ANY MANNER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

LogMeal keeps the right to change the Terms to meet technical, operational and legal changes. LogMeal will post a notice about changes made to the Terms on LogMeal’s website, LogMeal may send you a notice by email, reasonable time before the changes take effect. You may choose to deny the amended Terms and terminate your account. By continuing to use your account with the Service after the new changes have taken effect, you indicate your agreement to the amended Terms.

1. Uses and Restrictions

The LogMeal Commercial API is owned by UNIVERSITAT DE BARCELONA and is provided for use to API CUSTOMER under the terms and conditions in this Agreement on a non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define the legal use of the LogMeal Commercial API and all its updates or revisions. All rights not expressly granted to API CUSTOMER are reserved by LOGMEAL.

API CUSTOMER shall not:

2. Description of Service

The LogMeal Commercial API is a service that allows API CUSTOMER to programmatically analyze and process digital images.

The LogMeal API is delivered over HTTP and is hosted on equipment operated by LOGMEAL and third party infrastructure providers. LogMeal provides to the API CUSTOMER specific LogMeal Commercial API documentation on its website. LogMeal reserves the right to change its API documentation, upon reasonable prior notice that LogMeal will post on its website or send to API CUSTOMER by email.

3. User Account

When you register, LogMeal will ask you to provide certain contact and personal details. LogMeal will explicitly indicate the fields that are mandatory to complete. False, incorrect, or outdated information, such as an invalid email address, may prevent you from registering and impair LogMeal’s ability to provide you with the Service.

To login, you must provide your email and password. LogMeal may also establish and require additional or different means of identification and authentication for logging in and accessing the Service. You will maintain your login details in absolute confidentiality. Make sure that you change your password at least once every six months. You will immediately notify to LogMeal of any potential or actual misuse, unauthorized use, of your account.

You may terminate your account through your account page, or by contacting LogMeal via email at: contact(at)logmeal.es. LogMeal may require you to verify your identity by sending LogMeal additional information, as a condition for terminating your account. Following the termination of your account, you may no longer be able to access the Service.

Notwithstanding any remedies that may be available to LogMeal under any applicable law, LogMeal may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove your content and take technical and legal measures to keep you off the Service, if LogMeal determines in its sole discretion that you: (i) abused your rights to use the Service; (ii) breached the Terms; (iii) violated any applicable law, rule, or regulation; (iv) performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Service;

4. Term, Termination and Suspension

This Agreement shall commence on the date that this Agreement is accepted. It will remain in effect until terminated by API CUSTOMER or LOGMEAL in accordance with the terms outlined below.

API CUSTOMER may terminate this agreement for any reason or no reason at all, at API CUSTOMER’s convenience, by providing LOGMEAL thirty (30) days advance written notice of termination.

LOGMEAL may suspend API CUSTOMER’s right and license to use the LogMeal Commercial API, or terminate this agreement in its entirety (and, accordingly, cease providing all services to API CUSTOMER), for any reason or for no reason at all, by providing API CUSTOMER thirty (30) calendar days advance written notice of termination.

LOGMEAL has a granted right and may immediately and without prior notice to API CUSTOMER, and without any compensation suspend API CUSTOMER’s access to the LogMeal Commercial API, and/or terminate this agreement in its entirety (and, accordingly, API CUSTOMER’s right to use all services), for any of the causes below:

API CUSTOMER is in default of API CUSTOMER’s payment obligations by more than 14 calendar days from the date any payment has to be done according to this agreement.

LOGMEAL receives notice or otherwise determines, at LOGMEAL’s sole discretion, that API CUSTOMER may be using the LogMeal Commercial API for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party.

LOGMEAL determines, at LOGMEAL’s sole discretion, that LOGMEAL’s provision to API CUSTOMER of the LogMeal Commercial API is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason.

Upon termination of this agreement for any reason: (i) API CUSTOMER remains liable for all fees, charges and any other obligations API CUSTOMER has incurred through the date of termination; (ii) all of API CUSTOMER’s rights under this agreement shall immediately terminate.

5. Publicity

LOGMEAL has the right to publish the name and/or the logo of the API CUSTOMER on its website logmeal.es and in any LOGMEAL promotional materials and can include a link to the website of the API CUSTOMER if found appropriate.

LOGMEAL has the right to publish additional information for the integration with the API CUSTOMER only in case and after the API CUSTOMER provides written permission and approval of the text to be published on LOGMEAL’s website logmeal.es and in accompanying promotional materials related to the LogMeal Commercial API.

6. Ownership and Relationship of Parties

LOGMEAL owns all rights, title, and interest in and to the LogMeal Commercial API. This agreement grants API CUSTOMER no right, title, or interest in any intellectual property owned or licensed by LOGMEAL, including (but not limited to) the LogMeal Commercial API and LOGMEAL trademarks. API CUSTOMER agrees to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms.

The API CUSTOMER owns all rights, title, and interest on the input image, textual and any other kind of data submitted by API CUSTOMER for automated analysis to the LogMeal Commercial API service and to any image, textual and any other kind of data that is the output specifically generated for API CUSTOMER by the LogMeal Commercial API service. This agreement grants LOGMEAL no right, title, or interest in the data submitted by the API CUSTOMER for automated analysis to the LogMeal Commercial API service and in the output of the automated analysis of the submitted data. LOGMEAL shall use commercially reasonable efforts to restrain unauthorized access to this data by third parties. For the avoidance of doubt, API CUSTOMER owns all additional information regarding tags submitted to LogMeal Commercial API by the API CUSTOMER or output by LogMeal Commercial API for the API CUSTOMER. The API CUSTOMER shall at all times remain owner of all technologies and intellectual property regarding its application, platform and service offering, but not the LogMeal Commercial API.

7. Support

LOGMEAL provides support for the LogMeal Commercial API only. Any integration with API CUSTOMER’s systems remains API CUSTOMER’s responsibility. LOGMEAL will endeavor to address service interruptions in a timely manner. LOGMEAL shall use commercially reasonable efforts to provide email support to API users. Email support means the ability to make requests for technical support assistance by email to contact(at)logmeal.es at any time concerning the use of the API services.

8. Fees and Payments

All payments shall be executed, after the presentation of an invoice by LOGMEAL, in EUR (Euros).

LogMeal offers some of its plans free of charge.

LogMeal also offers fee-based plans. API CUSTOMER may use them subject to purchasing one of the Service's plans, as listed in LogMeal website at: http://www.logmeal.es/pricing. At any time, LogMeal reserves the right to change the Service fees, upon reasonable prior notice that LogMeal will post on its website or send to API CUSTOMER by email.

API CUSTOMER may pay the fees by WIRE TRANSFER. Fees will be regarded as paid only after your payment has been confirmed. Service will be available to you promptly after you have paid the Service fees.

The Services will be billed in periods of THREE MONTHS, after which LOGMEAL will send an invoice to API CUSTOMER's email with the total value of the Services used during that period. LogMeal will not provide refunds or credits in the case of cancellations, downgrades, or when there are unused portions of the Services on an open account. For any Services upgrade or downgrade requested by API CUSTOMER, a proportional quantity will be charged. The proportion will be calculated by taking the maximum between the portion of the monthly period during which the payment plan was contracted, and the portion of API calls consumed from the total available in the payment plan.

Payments will include applicable taxes. API CUSTOMER will pay all fees and taxes in a timely manner and in compliance with LogMeal’s pricing schedule and API CUSTOMER will reimburse LogMeal for any interest and collection costs resulting from overdue payments.

LogMeal will make its best efforts to have a transaction processed accurately and expeditiously and reimburse API CUSTOMER for any excess payment that you were mistakenly charged with. However, LogMeal will not be liable for mistakes, errors, malfunctions and miscalculations made by the payment service providers.

Upon failure to make any payment, and following a thirty (30) days prior notice of due payments sent to you, LogMeal may remove, disable or terminate your account. You waive any and all claims against LogMeal and anyone on LogMeal’s behalf in connection therewith.

In case any payment is late by over 10 days, API CUSTOMER shall be obliged to pay to LOGMEAL, for every day of the delay, an interest of 0.3% of the unpaid amount, but not more than 15% of the amount.

9. Taxes

“Taxes” means all taxes, levies, imposts, duties, fines or similar governmental assessments imposed by any jurisdiction, country or any subdivision or authority thereof including, but not limited to federal, state or local sales, VAT, GST, use, property, excise, service, transaction, privilege, occupation, gross receipts or similar taxes, in any way connected with this Agreement or agreement required hereunder, and all interest, penalties or similar liabilities with respect thereto, except such taxes imposed on or measured by a party’s net income. All prices, fees and other charges payable under this Agreement or agreement ancillary to or referenced by this Agreement, shall not include any Taxes. You agree to bear and be responsible for all such Taxes. You shall make all payments required without deduction of any Taxes, except as required by law, in which case the amount payable shall be increased as necessary so that after making any required deductions and withholdings, LogMeal receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such deductions or withholdings been made. If you are a tax-exempt entity or claims exemption from any Taxes under this Agreement, you shall provide a certificate of exemption upon execution of this Agreement and, after receipt of valid evidence of exemption, LogMeal shall not charge you any Taxes from which it is exempt. Without limiting the foregoing, all references to payments made in this Agreement are exclusive of any VAT, GST or other consumption taxes (collectively, “VAT”) chargeable and where required by law, VAT shall be itemized at the rate applicable, if any, and paid in addition thereto. You shall communicate to LogMeal your VAT identification number(s) attributed by (i) the country where you have established your business, and/or (ii) any other country where you have established a fixed establishment, to which the Services under this Agreement are provided. LogMeal shall consider the Services under this Agreement to be for your business use and provided to the location(s) of you in accordance with the provided VAT identification number(s). You shall comply with all applicable tax laws and regulations, and you shall provide LogMeal all necessary assistance to facilitate the recovery or refund of any VAT paid by LogMeal in relation to the Services to the respective government or authority. You hereby agree to indemnify LogMeal for any Taxes and related costs paid or payable by Intercom attributable to Taxes that would have been your responsibility under this section if invoiced to you. You shall promptly pay or reimburse LogMeal for all costs and damages related to any liability incurred by LogMeal as a result of your non-compliance or delay with its responsibilities herein. Your obligation under this section shall survive the termination or expiration of this Agreement.

10. Disclaimer of Any Warranty

LOGMEAL DOES NOT REPRESENT OR WARRANT THAT THE LOGMEAL COMMERCIAL API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE LOGMEAL COMMERCIAL API IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND LOGMEAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

API CUSTOMER USE OF THE LOGMEAL COMMERCIAL API IS AT API CUSTOMER OWN DISCRETION AND RISK, AND API CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE LOGMEAL COMMERCIAL API, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO API CUSTOMER COMPUTER SYSTEM OR LOSS OF DATA.

11. Limitation of Liability

LOGMEAL SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO API CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE LOGMEAL COMMERCIAL API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT LOGMEAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL LOGMEAL'S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY API CUSTOMER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO API CUSTOMER, AND API CUSTOMER MAY HAVE ADDITIONAL RIGHTS.

12. Release and Waiver

To the maximum extent permitted by applicable law, API CUSTOMER hereby releases and waives all claims against LOGMEAL, and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to API CUSTOMER’s use of the LogMeal Commercial API. In addition, API CUSTOMER expressly waives and relinquishes any and all rights and benefits which API CUSTOMER may have under any law principle of similar effect, to the fullest extent permitted by law.

13. Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, API CUSTOMER agrees to hold harmless and indemnify LOGMEAL and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to API CUSTOMER’s use of the LogMeal Commercial API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. LOGMEAL shall use good faith efforts to provide API CUSTOMER with written notice of such claim, suit or action.

14. General Terms

Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between API CUSTOMER and LOGMEAL shall be governed by the laws of the Kingdom of Spain without regard to its conflict of law provisions. API CUSTOMER and LOGMEAL agree to submit to the jurisdiction of the courts of the Kingdom of Spain.

No Waiver of Rights. LOGMEAL's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement. These Terms along with the Privacy Policy specified at http://www.logmeal.es/privacy constitute the entire agreement between you and LogMeal with respect to the access and use of the Service and supersede any and all agreements, negotiations and understandings, whether written or oral, about the Service.

15. Contact Us

You may contact LogMeal with any question about the Service, through the contact form at: http://www.logmeal.es/contact LogMeal will make efforts to address your inquiry promptly.

Last Updated on: 06/06/2019