FOOD PRODUCTION TERMS OF SERVICE

What The Future Food’s service is operated by What The Future Food BV and its subsidiaries (collectively, “What The Future Food”).

We offer What The Future Food subject to the following Terms of Service. If you do not agree to these Terms of Service, you are not authorized to use What The Future Food. These Terms of Service apply to all of our products and services.

CUSTOM ICE POPS

To the extent that any custom design violates these Terms of Service, we may choose to terminate the order.

What The Future Food allows customers to supply files that are used to create custom ice pop designs. It is the responsibility of the customer to ensure that you are legally allowed to use any file that you supply for this use. It is the responsibility of the customer to ensure that any files supplied to What The Future Food are not protected by copyright, trademark, design registration or any other law that prohibits this use. What The Future Food does not claim any ownership rights to the files that you supply to What The Future Food.

For the purpose of advertising What The Future Food in any medium, you hereby grant What The Future Food a nonexclusive, worldwide, perpetual, transferable, sublicensable license to copy, display, distribute and modify the content you upload to What The Future Food (including all images, text, content and information).

Acceptable Use; Indemnity: Your use of What The Future Food, including the creation of custom designs using files provided by you, is subject to these Terms of Service. To the extent any design violates or is alleged to violate any other part of these Terms of Service, in addition to any other remedies, you agree that What The Future Food has the right to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with What The Future Food in such activities. Without limiting the foregoing, you also agree to indemnify and hold What The Future Food harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Terms of Service.

INTELLECTUAL PROPERTY COMPLAINTS

What The Future Food takes any allegations of infringement seriously. If What The Future Food receives any complaint or allegation that your custom design constitutes an unauthorized use of a third party’s rights, you understand that What The Future Food may release your contact information to any third party that satisfactorily alleges a violation of its rights.

What The Future Food will consider complaints of possible infringement from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a What The Future Food customer has infringed upon your rights, please notify What The Future Food via email: food@whatthefuture.tech

PURCHASING PRODUCTS

The customer can not cancel an order after What The Future Food has sent the customer the ‘Order Confirmation’ email.

All orders are subject to under production or over production of not more than 10%. Our production partner will invoice the actual number of products made, within this tolerance.

Title and risk of loss for all products ordered by you will pass to you on our delivery to the shipping carrier.

We reserve the right to cancel any order for any reason.

WHAT THE FUTURE FOOD’S PROPRIETARY RIGHTS

The What The Future Food name and logos are trademarks and service marks of What The Future Food BV (collectively the “What The Future Food Trademarks”). Other company, product and service names and logos used and displayed via What The Future Food may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to What The Future Food. Nothing in these Terms of Service or What The Future Food should be construed as granting any license or right to use any of What The Future Food Trademarks displayed on What The Future Food, without our prior written permission in each instance.

LIMITATION OF LIABILITY

What The Future Food will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if What The Future Food has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any product, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the service. In no event will What The Future Food’s total liability to you for all damages, losses or causes of action exceed the amount you have paid What The Future Food in the last six (6) months. The foregoing limitations will apply to the maximum extent permitted under applicable law.

OTHER LIABILITES

What The Future Food provides digital visualizations of ice pops. The customer takes into account that the final product will differ from the digital visualization. What The Future Food will not be liable for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits resulting from a difference between a visualization and the final product delivered to the customer.

FORCE MAJEURE

What The Future Food shall not be liable for any delay in performing any of its obligations under these Terms of Service if such delay is caused by circumstances beyond the reasonable control of What The Future Food, and What The Future Food will be entitled to a reasonable extension of time for the performance of such obligations.

GOVERNING LAW

These Terms of Service will be governed by the laws of the Netherlands, without regard to its conflict of law provisions. With respect to any disputes, you and What The Future Food agree to submit to the personal and exclusive jurisdiction of the courts located in Amsterdam, Netherlands. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

GENERAL

These Terms of Service constitute the entire agreement between you and What The Future Food and govern your use of What The Future Food, superseding any prior agreements between you and What The Future Food with respect to What The Future Food. The failure of What The Future Food to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of What The Future Food, but What The Future Food may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. What The Future Food may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices on What The Future Food.

QUESTIONS?

food@whatthefuture.tech