Terms of Use

Fill Studio, based in Amsterdam, the Netherlands, is pleased to provide you with its mobile applications and any and all related documentation (each, an “App,” and collectively, the “Apps” including “Food Holidays Calendar”). PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY APPS, for this End-User License Agreement governs your use of the Apps and how we provide the Apps.

A. Agreement

This End-User License Agreement (EULA), including any Supplemental Terms, is a legal contract between you and Fill Studio for using the Apps. By using the Apps, you agree to this EULA, confirm you own or control the device on which the App is installed, and assert your authority to comply with its terms. This EULA also covers updates and services not under a separate agreement. Don’t use the Apps if you disagree with this EULA. We may update these terms, notifying you of significant changes through in-app messages. Continued use after updates means acceptance. Stop using the Apps if you disagree with updates. Contact us at support@foodholidays.app with questions.

Attention to consumers: Based on the legal framework of your place of residence, you might possess specific rights that this End-User License Agreement (EULA) cannot override. These rights complement the stipulations of this EULA. Furthermore, some sections of this EULA may not apply to you. Should any part of this EULA be found unenforceable, the rest of the agreement will continue to be effective and enforceable.

Use of the Apps is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Apps. The Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Apps if you download or install the Apps through such marketplaces.

You should consult your physician or mental health care professional before using any App to track or support your well-being or health to determine if it is appropriate for your needs.

B. Age requirement

You must be 13 years of age or older to install or to use the Apps. If you are at least 13 (or 16 in the EEA) but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Apps for you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this EULA, do not let your child use the Apps or associated features. If you are the parent or guardian of a child under 13 (or 16 in the EEA) and believe that he or she is using the Apps, please contact us at support@foodholidays.app.

C. Grant of license

Subject to your compliance with the terms and conditions of this EULA, Fill Studio grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.

D. Description of other rights and limitations

1. Usage Limitations. You are prohibited from renting, selling, leasing, sublicensing, distributing, assigning, or copying the Apps beyond a single backup copy for personal use. You cannot transfer rights to the Apps or use them for anyone else’s benefit. Without explicit permission from Fill Studio or as allowed by mobile platform rules, sharing the Apps for use by multiple individuals is forbidden. You agree not to use any automated or manual methods to disrupt the Apps’ functionality, with the exception of uninstalling the Apps from a device you own or manage. Breaching the security of our services is not permitted. Modifying, reverse-engineering, decompiling, disassembling, or tampering with the Apps is strictly forbidden. You are not allowed to access or alter the Apps’ source code, create derivative works from the Apps, or claim any modifications or enhancements. All rights to modifications or enhancements of the Apps belong exclusively to Fill Studio.
2. App Updates. We hold the right to modify or enhance the Apps by adding or removing functionalities. The Apps may periodically contact our servers once installed on your device. Updates to the Apps may be required either due to the release of a new version or the introduction of new features. These updates might be applied automatically or after notifying you, and could happen in one go or in stages. You may need to agree to our latest EULA to use newer versions of the Apps. We may discontinue support for older versions of the Apps following the release of updates or new versions. You acknowledge that there is no obligation on our part to provide any updates, supplements, or future versions of the Apps.
3. Access Requirements. To use the Apps, you must have the necessary equipment, internet connection, devices, and service plans, which are your responsibility and at your cost. Accessing an App via a mobile network may subject you to your provider’s standard rates and fees. You bear all costs associated with accessing the Apps from your device. Compatibility with your network provider or device is not guaranteed, and not all Apps may work with your network or device. Fill Studio does not claim that the Apps are compatible with all devices, available in all languages, or appropriate for use in all locations.

Purchases & cancellation rights

(A) Subscriptions. You may purchase certain Apps on a subscription basis. Some Apps may offer different subscription levels (usually free or premium). Payment for a subscription (which may be for example monthly, tri-monthly or yearly) may be processed in-App, through a third party mobile platform owner (e.g. Apple or Google) or directly through Fill Studio and its third party payment processor through an App website.

You may be offered a free trial of a subscription to an App for a limited period of time. You are free to cancel a free-trial subscription at any time via the subscription setting in your Apple or Google account. Please note: your free-trial subscription will automatically renew as a paid subscription unless you cancel before the end of the free-trial subscription period.

If you subscribed for an App through a third party mobile platform owner (either through the third party platform or in-app), you may cancel your subscription at any time by following the Apple App Store or Google Play Store instructions or via the subscription settings in your Apple or Google account.

If you subscribed for an App directly through an App website, you may cancel your subscription at any time by logging in to manage your subscriptions on the applicable website.

All cancellations will take effect starting at the end of the then current billing period. For example, if you have a monthly subscription that began on the first of the month but canceled mid-month, your cancellation will be effective as of the end of that month. Sorry — there are no refunds on paid subscriptions once the charge has gone through for the billing period.

(B) Paid Applications. Certain Apps are available for one-time purchase (no recurring subscription). Payment for such purchases may be through a third-party mobile platform provider (e.g., Apple or Google). European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and purchase an App from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner’s terms in this regard before purchase.

You may uninstall Apps paid applications at any time at your discretion. All purchases of paid applications are non-refundable.

Automatic Renewal. Paid subscriptions to the Apps are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until canceled by you in accordance with the Cancellation section of this Agreement.

E. App functionality

Apps allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the “App Functions”). The App Functions are provided by Fill Studio and third party suppliers who offer content and/or services in conjunction with or through the Apps (the “Third Party Partners”). App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Fill Studio, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any App.

F. Third-party partners

1. Third-Party Services and Content. The Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an App that includes third party services and third-party content, such services and content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. Apps may provide access or links to Third Party Partner websites or resources. Fill Studio has no control over such websites and resources, and you acknowledge and agree that Fill Studio is not responsible for the availability of such websites and resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.
2. Access to Third-Party Services and Content through Apps. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through an App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an App you may be exposed to Content that may be offensive, indecent or objectionable in your community. Under no circumstances will Fill Studio be liable in any way for any Content created by or originating with entities other than Fill Studio.

G. Security

Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Apps and any information you download or offer to share by means of an App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. You agree that Fill Studio shall not be liable for any unauthorized access to your mobile device or the app data thereon.

H. Consent to use of data and user reviews

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apps. We may use this information in accordance with the Privacy Policy.

Additionally, if you choose to provide app store reviews or reviews via any social media channel, or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. If you prefer that we do not use your app reviews for promotional purposes, you will be able to elect for us not to do so by submitting your request to support@foodholidays.app (please include your name, mailing address, and email address). For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.

I. Intellectual property

The Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Fill Studio are Fill Studio’s property or the property of Fill Studio’s licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Apps. All rights not expressly granted hereunder are expressly reserved to Fill Studio and its licensors.

The Fill Studio name, logo and affiliated properties, are the exclusive property of Fill Studio or its affiliates. All other trademarks appearing on any App are trademarks of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

J. Copyright and content

You are solely responsible for any Content you contribute, submit, display or for any adaptations of works made on or through your use of the App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.

Fill Studio respects and expects its users to respect the rights of copyright holders. On notice, Fill Studio will act appropriately to remove content that infringes the copyright rights of others. Fill Studio reserves the right to disable the access to Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an App, or elements, infringe your copyright rights, please contact us at support@foodholidays.app.

Please ensure your communication includes the following:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the App;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Fill Studio may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Fill Studio’s sole discretion. “Objectionable Content” includes, but is not limited to:

• Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous
• Content that is hateful, or advocates hate crimes, harm or violence against a person or group
• Content that may harm minors in any way
• Content that has the goal or effect of “stalking” or otherwise harassing another
• Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy
• Content that is vulgar, offensive, obscene or pornographic
• Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
• Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor Content submission through the Apps, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.

Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of the Apps. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the Apps. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the “Submissions”), such Submissions shall be deemed, and shall remain, the property of Fill Studio.

Fill Studio may terminate a user’s access to the App(s) if, under appropriate circumstances, the user is determined to be a repeat infringer. Except as otherwise set forth herein, no third party is an intended beneficiary of this EULA.

K. Termination

Your rights under this EULA will terminate immediately and automatically without any notice from Fill Studio if you fail to comply with any of the terms and conditions of this EULA. You understand that Fill Studio, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Apps at any time. Further, Fill Studio, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Apps or any of its component features. You agree that Fill Studio shall not be liable to you or any third-party for any termination or disabling of the Apps.

L. Disclaimer of warranty

TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL APPS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, FILL STUDIO, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. YOUR USE OF THE APP AND ANY INFORMATION OR RECOMMENDATIONS PROVIDED IN THE APPS ARE AT YOUR SOLE RISK.

M. Limitation of liability

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FILL STUDIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FILL STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE APPS. IN NO EVENT SHALL FILL STUDIO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

N. How to contact us

If you have any questions about this EULA, please contact us by email as follows: support@foodholidays.app