Welcome to Pretzel®, the app for people who want to talk and travel like a local and help others do the same. We hope you enjoy using our mobile application called "Pretzel" (the "App") and the related website (located at www.pretzelapp.com), collectively referred to as the "Service".
Throughout this document, we may refer to ourselves as "Pretzel", "we", or "our". This specifically refers to Pretzel, Inc., the company that runs Pretzel, which is located at 109 E. 19th St, #3B, New York, NY 10003.
We may refer to you as "you", "your", or other forms of the word "you".
We may change this Agreement at any time, which change will be effective upon posting to the Service. By continuing to use the Service after the change, you are giving us your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
By accessing and/or using the Service or becoming a Member, you are accepting this Agreement and agreeing to the terms, conditions and notices contained or referenced herein.
To use the Service, you must have access to the Internet and World Wide Web, either directly or through devices that access web-based content, and you are solely responsible for paying any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age. By using the Service, you represent and warrant that you are at least that age, and that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
If you are using the Service and/or accessing the Service on behalf of a company, entity, or organization (collectively, a "Subscribing Entity"), you represent and warrant to us that:
You are responsible for maintaining the confidentiality of your username and password, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may want to consider disabling your auto-sign in feature if you have it linked to your Pretzel account.
You are not authorized to do the following (some of which may also be illegal):
We may investigate any illegal and/or unauthorized use of the Service, and we reserve the right to take any appropriate legal action (including, but not limited to, civil, criminal, and injunctive action).
Use of the Service is with our permission, and we may revoke our permission at any time, for any reason, in our sole discretion.
You represent and warrant to Pretzel as follows:
Pretzel reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
Pretzel acts as a marketplace to connect users with one another (collectively, the "Users") for the purpose of practicing a foreign language and/or giving and sharing travel advice. It is up to you whether you want to connect with a certain User, and you alone bear the risk of any communication, meeting, or other connection with a User. You acknowledge and agree that we are not a party to any communication, meeting or agreement between you and another User, and that we are not liable to you for any loss incurred as the result of a User’s acts or omissions, including without limitation physical injury, death, property damage, fraud, failure to communicate, conversion, physical injury, mental distress, breach of contract, negligence, and intellectual property violations.
You acknowledge and agree that we do not necessarily have control over the quality, safety, morality or legality of any User or any service(s) they offer you, the truth or accuracy of any User statements, or the ability of Users to fulfill their obligations under an agreement with you. Pretzel cannot ensure that a User will actually complete a transaction or follow through on their promises./p>
We cannot guarantee the true identity, age, and nationality of a User. Pretzel encourages you to communicate directly with Users through the tools available on the Service.
This Agreement will remain in full force and effect while you use the Service. You may terminate your membership and/or subscription at any time in the app settings or by contacting us at firstname.lastname@example.org. If you cancel your membership we may ask you to provide a reason for your cancellation. We may terminate your membership or subscription for any reason by sending you an email at the address you have provided us. If we terminate your membership in the Service because you have breached this Agreement, we cannot give you a refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your membership and/or subscription. We are not required, and we may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Please note that the billing policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. You are solely responsible for paying all taxes associated with your use of the Service./p>
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In order to protect the integrity of the Services, we reserve the right at any time in our sole discretion to block Members and/or users from the Service based on any information that could reasonably identify a Member or user, including without limitation such Member/user’s login credentials, social media account, or IP address.
You acknowledge that the Service contain images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Pretzel owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on the Service are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
We prohibit the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Legal Department, Pretzel, Inc., 109 E. 19th St, #3B, New York, NY 10003.
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Pretzel at the address shown above, giving a written statement that contains:
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Pretzel at its sole discretion.
You further acknowledge and agree that Apple is not responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the App, including, but not limited to, warranty or liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the App infringes the intellectual property rights of a third party (including, without limitation, trademark, copyright, and/or patent rights).
We will not, in any event, be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Service, or your use of the Service (including without limitation any damages arising from another User’s action or your interaction with another User). Nothing contained in this Agreement or in any written or oral communications from us or our employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Service and the services provided by employees of the Service are offered "as is" without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Service’s content or that the functionality of the Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL PRETZEL, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, EVEN IF PRETZEL HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
You acknowledge and agree that, as a peer-to-peer foreign language conversation and travel advice service, Pretzel cannot guarantee any specific results, including without limitation your ability to obtain and/or retain language fluency credentials or your advancement of your level of comprehension. Your success is dependent upon a number of factors, many of which are entirely out of Pretzel’s control. You further acknowledge and agree that Pretzel cannot guarantee that any information provided by a User is accurate, up-to-date, or relevant to your needs, and that you rely on such information solely at your own risk.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL PRETZEL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF PRETZEL HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Pretzel and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Pretzel during the six months prior to notice to Pretzel of the dispute for which the remedy is sought.
You agree to indemnify and hold Pretzel, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
In the event that Pretzel is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Pretzel’s attorneys' fees and costs.
Some of the content on the Service may not be appropriate for children. CHILDREN UNDER THE AGE 18 ARE NOT PERMITTED TO USE THE SERVICE. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO THE SERVICE OR GIVE PRETZEL THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
If there is any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New York with the same force and effect as if such service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
This Agreement contains the entire agreement between you and Pretzel regarding the use of the Service.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Pretzel’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Pretzel’s ability to enforce such term at any point in the future.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please feel free to contact us with any questions about this Agreement. Pretzel is a registered trademark of Pretzel, Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.