SideChef Inc. ("SideChef", "we", "our" or "us")
Created and effective as of: Nov 25, 2025
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE IMAGE STUDIO WEBSITE LOCATED AT HTTPS://STUDIO-BETA.SIDECHEF.COM (THE "SITE") AND ANY SERVICES AVAILABLE ON THE SITE (COLLECTIVELY, THE "SERVICES"). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND SIDECHEF AND GOVERN YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, THE SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. WE MAY MAKE CHANGES TO THE CONTENT AND THE SERVICES OFFERED AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE(S) AND BY SENDING REGISTERED USERS AN IN-APP NOTIFICATION OR AN EMAIL NOTICE OF THE CHANGES. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU WILL CEASE USING THE SITE(S). IF YOU DO NOT CEASE USING THE SITE(S), YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.
SIDECHEF MAY, IN ITS SOLE DISCRETION, REFUSE TO OFFER THE SERVICES TO ANY PERSON OR ENTITY AND CHANGE ITS ELIGIBILITY CRITERIA AT ANY TIME. THIS PROVISION IS VOID WHERE PROHIBITED BY LAW, AND THE RIGHT TO ACCESS THE SERVICES IS REVOKED IN SUCH JURISDICTIONS. USE OF THE SERVICES IS ALSO SUBJECT TO SIDECHEF’S PRIVACY POLICY, WHICH MAY BE FOUND AT HTTPS://WWW.SIDECHEF.COM/PRIVACY-POLICY/ (“PRIVACY POLICY”) AND WHICH IS INCORPORATED INTO THESE TERMS BY THIS REFERENCE. THE SERVICES ARE AVAILABLE TO NATURAL PERSONS, ONLY, INCLUDING NATURAL PERSONS ACTING AS AUTHORIZED REPRESENTATIVES OF LEGAL ENTITIES.
YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS, OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO AND AGREE TO THESE TERMS. IF YOUR ACCEPTANCE OF THESE TERMS IS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY AS WELL AS TO YOURSELF. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR THE OTHER SERVICES.
Arbitration notice: These Terms of Service contain an arbitration clause near the end. Except for certain types of disputes mentioned in that arbitration clause, you and SideChef agree that disputes between you and SideChef will be resolved by mandatory binding arbitration, and you and SideChef waive any right to participate in a class-action lawsuit or class-wide arbitration.
SideChef utilizes artificial intelligence (AI) systems to produce certain digital content that is generated by users through the Services (such content, "Assets"). In order to use the Services, you must register through the Site. There are two plans of membership, one does not require any payment ("Free Plan") and the other is a Paid Plan. Users of the Free Plan have limited rights. When you register on the Site, you are asked to create your own profile. Your profile includes, but is not limited to, personal information such as your user name, your email and general information you wish to disclose about yourself. Upon successful registration, you become a member of the Site (a "Member"), and for as long as you remain a Member, you agree to comply with the then applicable Terms. All Services are licensed and not sold. Each user must have a unique account, and you are responsible for any activity conducted on your account. You must not make available to other people your account username or password or otherwise share with other people access to your account. A breach or violation of any of these Terms may result in an immediate termination of your right to use the Services and Sidechef reserves the right to ban you and any IP address or other identifier associated with you or your account.
The Site may contain hyperlinks and AI services to web sites that are not controlled by SideChef. You acknowledge and agree that SideChef is not responsible for and does not endorse or accept any responsibility over the content or use of these web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these web sites. You further understand that such third party sites and third party services are governed by separate agreements accompanying such portions of the Services and You agree to be bound by the terms and conditions of such agreements. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entities. You agree that Sidechef will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities through the Services.
SideChef offers free and paid Services. You can learn more about SideChef’s paid offering by contacting support@sidechef.com.
Credit Plans. SideChef may offer paid plans based on usage credits ("Credits"). Credits are used to generate digital Assets through the Services. Unless otherwise stated on the Site, one (1) Credit entitles you to generate one (1) standard Asset. Credits are sold in advance and are non-transferable and non-refundable, except where required by law. Credits have no cash value and may not be exchanged for cash or other consideration. Credits will not expire. All purchased Credits remain valid indefinitely, except where expiration is required by applicable law. SideChef reserves the right to modify the Credit-to-Asset usage ratio, pricing, or expiration terms with reasonable advance notice.
Payment Terms. By purchasing a paid plan, you authorize SideChef (or its payment processor) to charge the applicable Fees using your selected payment method. All payments must be made in advance unless otherwise agreed in writing. You are responsible for providing complete and accurate billing information and for keeping such information current.
Changes to Pricing. SideChef reserves the right to change its prices at any time. If you are on a recurring or credit plan, pricing changes will not apply until your next renewal after we have provided notice to you.
Refunds and Credits. Except as required by applicable law, all Fees are non-refundable once paid. However, SideChef may, at its sole discretion, issue a credit or refund in cases of (i) duplicate billing, (ii) technical errors that prevented access to the Services for a material period.
If you reside in a jurisdiction that provides mandatory refund or withdrawal rights for online services, those statutory rights will apply and are not limited by these Terms. Nothing in these Terms affects any non-waivable statutory rights that apply to you under consumer-protection or e-commerce laws.
Late Payment. If any payment is past due, SideChef may suspend or terminate your access to the Services after written notice of late payment. You may not create multiple accounts to benefit from the Free plan. If SideChef believes you are misusing the Free plan, SideChef may charge you standard Fees or terminate your access to the Services.
Unless otherwise stated, your plan fees ("Fees") do not include federal, state, local, or any foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase of a plan and SideChef may invoice you for such Taxes. You agree to timely pay such Taxes and provide SideChef with documentation showing the payment or additional evidence that SideChef may reasonably require.
Free Plan. Subject to your compliance with these Terms and applicable law, if you use the Services under the Free Plan, SideChef grants you a non-exclusive, limited, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for personal, non-commercial use. Assets generated by Free-plan users are Free Plan Assets ("Free Plan Assets") remain the property of SideChef. You are granted a limited, revocable, non-commercial license to use and display your Free Plan Assets for personal purposes only. You may not sell, license, transfer, commercially exploit, or use Free Plan Assets to train any artificial intelligence models, systems, or networks. Any violation of these restrictions may result in immediate termination of your access to the Services. The restrictions in this Section survive termination.
Paid Plan. Subject to your compliance with these Terms and applicable law, SideChef grants you a non-exclusive, worldwide, perpetual, irrevocable, transferable, and sublicensable license to access and use the Services for business or personal purposes. You own all Assets you create under a Paid Plan. To the extent any intellectual property rights vest in SideChef by operation of law, SideChef hereby irrevocably assigns to you all right, title, and interest in such Assets. You may not use Assets created through the Services to train, fine-tune, or develop any artificial intelligence models, systems, or networks. This restriction survives termination of your account.
Rules and Conduct. As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets, or SideChef models or derivatives of SideChef models) that: (i) would constitute a violation of any applicable law, rule, or regulation, including without limitation any laws, rules or regulations relating to transparency and marking of AI-generated content (as further described below); (ii) infringes upon any intellectual property right or any right or privacy or right of publicity or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, furthering of self-harm, or profane; (iv) creates Assets that exploit or abuse children or that depict images of a child or children being exploited or abused; (v) generates or disseminates verifiably false information with the purpose of harming others; (vi) impersonates or attempts to impersonate others; (vii) generates or disseminates personally identifying or identifiable information; (viii) creates Assets that imply or promote support of a terrorist organization; or (ix) creates Assets that condone or promote violence against people based on any protected legal category.
Transparency and Marking of AI-Generated Content. In order to comply with applicable laws and emerging industry standards relating to AI-generated content, SideChef may (i) embed machine-readable metadata, watermarks, or other provenance information into Assets generated by the Services; (ii) make available or link to a tool that enables users and third parties to detect whether content was generated by the Services; and (iii) provide features that allow you to apply visible overlays, labels, or watermarks to Assets. You acknowledge and agree that: (i) you will not remove, obscure, disable, or alter any machine-readable metadata, watermarks, overlays, or other markings applied by SideChef to Assets except as may be expressly permitted by applicable law; and (ii) you are solely responsible for ensuring your redistribution or use of Assets complies with applicable law, including any requirements that may apply to your use of the Assets to include latent or visible disclosures that content is AI-generated.
Restrictions. As a further condition of use, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on SideChef’s (or its third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures SideChef (or its third-party providers’) may use to prevent or restrict access to the Services (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API authorized by SideChef; (v) reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); (vi) use the Services or Assets to develop goods or services that compete with SideChef or the Services; (vii) use any automated or programmatic method to access the Services, generate Assets, or extract data from the Services, including scraping, web harvesting, or web data extraction; or (viii) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services, use of the Site or Services, or access to the Site or Services, or any contact on the Site or Services, without SideChef’s express written permission; or (ix) use any Asset or Free Plan Asset to train any artificial intelligence model, system or network or similar technology. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., or "load testers" such as Wget, Apache Bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Services in a manner that sends more request messages to the Service in a given period of time than a human can reasonably produce in the same period by using the Service, and you are forbidden from ripping the content without prior written consent of SideChef. Notwithstanding the foregoing, SideChef grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SideChef reserves the right to revoke these exceptions either generally or in specific cases. SideChef does not allow any efforts to reverse-engineer its system or protocols or explore outside the boundaries of the normal requests made by human users of the Services. SideChef does not allow request-modification tools such as Fiddler or Whisker or the like or any other such tools or activities that are meant to explore or harm, penetrate, or test the site. You must secure SideChef’s permission before you measure, test, health check, or otherwise monitor any network equipment, servers, or assets hosted on the Site.
You acknowledge that, as between you and SideChef, all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content and any SideChef Assets or Free Plan Assets are owned by SideChef or SideChef’s licensors. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. SideChef and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. All SideChef logos, marks, and designations are trademarks or registered trademarks of SideChef or its licensor(s). All other trademarks mentioned in any SideChef website, including the Site, are the property of their respective owners. The trademarks and logos displayed on any SideChef website, including the Site, may not be used without the prior written consent of their respective owners. Portions, features, functionality, or any combination of the foregoing of SideChef’s products or services, including the Services, may be protected under SideChef patent applications, patents or other intellectual property rights.
SideChef respects international intellectual property rights and asks its Members to do the same. Assets may be unintentionally similar to copyright-protected material held by others. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to SideChef a written notice by mail or e-mail requesting that SideChef remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to SideChef a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to SideChef’s Copyright Agent by e-mail to support@sidechef.com. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
You hereby grant to SideChef a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations, or other feedback you provide relating to the Service ("Feedback"). Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to SideChef any information or ideas that you consider to be confidential or proprietary.
You agree that we may use your company name and logo for the limited purpose of identifying you as a customer of our Services on our websites, and in other marketing materials distributed by us (which may include in-app messages, emails and other web and print materials), and we agree to comply with any trademark usage policies or brand guidelines You provide to Us for such purposes.
These Terms will remain in full force and effect while you access or use the Services. Either party may terminate these Terms or your access to the Services at any time for any reason by providing written notice.
SideChef may immediately suspend or terminate your access to all or any part of the Services if you fail to comply with these Terms or engage in misuse of the Services. Upon termination, your right to use the Services will cease, and SideChef may delete any Assets or data associated with your account in accordance with its data-retention policies.
Refunds and Account Closure. Except as required by applicable law, any Fees paid are non-refundable. SideChef may, at its discretion, issue a refund or credit in cases of billing error, or technical fault. Users will have a reasonable opportunity to export or download their Assets before account closure when termination is not based on breach.
Upon termination, all rights and licenses granted to you under these Terms will immediately end, but any provisions that by their nature should survive termination will survive, including, without limitation, Sections relating to ownership, license restrictions, warranties, indemnities, limitations of liability, governing law, and dispute resolution.
SIDECHEF, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS, USER CONTENT, ASSETS, FREE PLAN ASSETS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE OR SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS, SUBMISSIONS, ASSETS, FREE PLAN ASSETS, AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, SUBMISSIONS, USER CONTENT, ASSETS, FREE PLAN ASSETS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SIDECHEF DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. SIDECHEF DOES NOT GUARANTEE ANY UPTIME OR AVAILABILITY OF THE SERVICES.
You agree to defend, indemnify, and hold harmless SideChef, its affiliates, and each of its and their respective officers, directors, employees, contractors, agents, suppliers, licensors and representatives from any and all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services or any Assets including Free Plan Assets; (ii) third-party claims that your Assets (including Free Plan Assets), Inputs, your data sources or the use thereof, infringes, violates, or otherwise intrudes upon the intellectual property or other proprietary rights of a third party including rights of publicity, privacy and moral rights; (iii) your failure to comply with any applicable laws, rules, or regulations relating to transparency, labeling, watermarking, or other marking of AI-generated or synthetic content; or (iv) your violation of these Terms or any applicable law, contract, policy, regulation, or other obligation. SideChef reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SideChef. SideChef will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, SIDECHEF SHALL NOT BE LIABLE (I) FOR DAMAGES RESULTING FROM THE USE OF (OR THE INABILITY TO USE) 3RD PARTY PRODUCTS WITH THE SIDECHEF APP NOT UNDER SIDECHEF’S CONTROL, INCLUDING – BUT NOT LIMITED TO – DAMAGES RESULTING FROM FAILURE OR DELAY IN DELIVERY OF ELECTRONIC COMMUNICATIONS, INTERCEPTION OR MANIPULATION OF ELECTRONIC COMMUNICATIONS BY THIRD PARTIES OR BY COMPUTER PROGRAMS NOT UNDER THE CONTROL OF SIDECHEF, AND TRANSMISSION OF VIRUSES; (II) FOR ANY CONDUCT OR CONTENT ON THE SERVICES, INCLUDING WITHOUT LIMITATION, AN DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) FOR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; (IV) FOR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSION OR CONTENT; (V) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICE OR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICES, ANY ACCURACY OR OMISSION IN SUCH INFORMATION OR FAILURE TO KEEP THE INFORMATION CURRENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (VI) FOR FREE PLAN USERS, SIDECHEF’S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100). FOR PAID PLAN USERS, SIDECHEF’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SIDECHEF IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. THEREFORE, SOME OF THE ABOVE DISCLAIMERS OF WARRANTY AND/OR LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.
NOTHING HERE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Please read the following paragraphs carefully because they require you and SideChef to agree to resolve all disputes between you and SideChef through binding individual arbitration.
In the event of a dispute arising under or relating to these Terms of Service ("Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in San Francisco or Los Angeles County, California. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. This Section 29 will survive the termination of your relationship with SideChef.
Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms of Service make up the entire agreement between you and SideChef regarding SideChef Services, and supersedes any prior agreements. If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms of Service, it will not be considered a waiver. Any waiver of these Terms of Service must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms of Service to anyone else without the prior written consent of SideChef. All of the rights and obligations of SideChef under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Unless otherwise expressly set forth herein, these Terms of Service do not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing SideChef Services.
For questions regarding the Services, you can get in touch by emailing SideChef at support@sidechef.com.