Terms & Conditions

Updated on: 25 June, 2024

1. Service Scope and Terms Acceptance

Stellar App Overview: Stellar is a mobile application designed to enhance your culinary experience by offering a variety of food-related services:

Acceptance of Terms: By downloading, installing, or using Stellar, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Your continued use of Stellar after any modifications to these Terms signifies your acceptance of such changes. If you disagree with any part of the Terms, you are advised to discontinue the use of Stellar.

User Age Requirement: Users must be at least 13 years old to use Stellar. By using the app, you affirm that you meet this age requirement, complying with legal age limitations for entering into binding agreements such as these Terms.

Modifications to Service and Terms: Stellar reserves the right to modify, suspend, or discontinue any part of its services at any time without prior notice. This includes the ability to limit features or restrict access to parts or all of the app based on our discretion. Changes to these Terms and Conditions, particularly those affecting your personal data, will be communicated through the app or via email. Your continued use of the app following such notifications will constitute your acceptance of these revised terms.

Updates to Terms and Personal Data: We will provide clear notice of any significant changes to these Terms and Conditions or to how we handle your personal data either through the app interface or sent directly to the email address associated with your account. It is your responsibility to review these notices. By continuing to use Stellar after these changes take effect, you agree to the revised Terms.

 

2. Content Submission and Rights

Content Licensing: When you upload recipes, photos, and other forms of content to Stellar, you grant Stellar a global, royalty-free, and non-exclusive license to use, process, display, and distribute this content. This license is for the purpose of enhancing the app’s functionality and promotion and is granted in perpetuity without limitation.

Content Responsibility: You are responsible for ensuring that any content you submit is either your original work or used under fair use. If the content is not your own, you must have obtained the necessary permissions from the copyright holders. You are solely responsible for the content you contribute and any repercussions that may arise from its use within the app.

Content Moderation: Stellar reserves the right to remove any content that violates these terms, infringes on intellectual property rights, or is deemed inappropriate. This includes, but is not limited to, content that is illegal or offensive. We are committed to maintaining a respectful and lawful environment.

 

3. Usage Policy

Non-Commercial Use: Stellar is intended for personal, non-commercial use. Should you wish to use Stellar for commercial purposes, you must first obtain express written permission from us. This permission is necessary to ensure compliance with our usage policies.

Service Limitations: While users can create and store an unlimited number of recipes, we reserve the right to limit or suspend service to any user who engages in behavior that is harmful or disruptive to the operation of the app or other users.

 

4. Termination

Voluntary Termination: You may discontinue your use of Stellar and delete your account at any time through the app's interface. Upon termination, all personal information linked to your account will be erased within sixty (60) days, except in cases where we are required to retain information due to legal obligations or to resolve disputes.

Data Retention Post-Termination: While personal information is deleted, anonymized data such as user interactions and preferences may be retained and utilized for app improvement purposes. This retention is conducted in compliance with applicable laws, ensuring that no personally identifiable information is maintained.

 

5. User Eligibility and Account Management

Eligibility Requirements: To access and use Stellar, users must meet specific age and legal competency prerequisites. Users are required to be at least 13 years of age to establish an account. In certain jurisdictions, the legal age for consenting to the processing of personal data or entering into contracts, such as these Terms and Conditions, may be higher. Users must comply with the more stringent age requirement applicable in their locality, which may be 16, 18, or another age designated as the age of majority.

By accepting our Terms and Conditions, users affirm their full capability and competence to understand and agree to the obligations, affirmations, representations, and warranties set forth within these terms. For users who are below the age of majority but meet the minimum age requirement, the terms must be reviewed and consented to by a parent or legal guardian, ensuring compliance with legal safeguards for minors.

Account Registration and Management: Users can register for a Stellar account using their social media, Apple, or Google accounts. During registration, users may provide optional personal information, such as their name, known allergens, and taste preferences, to tailor and enhance the user experience. This personal information is processed and utilized in an anonymized manner to ensure user privacy and to enhance service offerings.

Security Features: Please note that Stellar is actively working to implement additional security features such as two-factor authentication (2FA) to enhance account protection. Until these features are operational, users are encouraged to use strong passwords and monitor their accounts for any unauthorized access.

Account Inactivity and Termination: Accounts inactive for more than three months will be subject to deactivation, and accounts inactive for over six months will be permanently deleted. Stellar does not provide notifications prior to account deactivation or deletion. Users are encouraged to log in periodically to keep their accounts active.

Security Incidents: In the event of a security breach or unauthorized access, Stellar will promptly notify affected users with all details permissible by law to ensure transparency and help users manage potential impacts. This notification will include the nature of the breach, the type of data involved, and the suggested actions for affected users.

Compliance with Local Laws: Users must ensure that their use of Stellar complies with the laws of their respective jurisdictions. This includes adherence to local data protection and privacy laws that may dictate more specific or stringent data handling and security measures.

 

6. User Responsibilities and Conduct

Conduct Guidelines: Stellar is dedicated to creating a safe and welcoming environment for all users. To support this, users are expected to:

Prohibited Content: Content that involves hate speech, nudity, or violence is strictly banned on Stellar. Posting or sharing material that promotes or glorifies such content is not permitted and will be subject to strict penalties.

Enforcement of Guidelines: Stellar conducts active monitoring to detect and address violations of these guidelines. Users can report inappropriate content or behavior via the "Give Feedback" button in the app. Our team reviews all reports thoroughly and takes appropriate actions, which may range from issuing warnings to imposing temporary suspensions or, in extreme cases, permanent account terminations.

Account and Device Security Responsibilities: Users are integral to securing their accounts and devices:

Handling Reports of Misconduct: Stellar treats reports of misconduct with the utmost seriousness:

Privacy and Confidentiality: We prioritize the privacy and confidentiality of our users, especially those who report misconduct. Information related to reports is strictly confidential and only accessible to necessary Stellar team members.

Educational Resources: To better inform users about our conduct policies and encourage positive engagement, Stellar will consider developing educational resources, such as dedicated app sections, periodic notifications, or direct communications.

 

7. Intellectual Property Rights

Stellar’s Rights: Stellar maintains all rights, titles, and interests in the application, including but not limited to, the software, code, databases, functionality, website designs, audio, video, text, photographs, and graphics. The app’s original content such as text, graphics, UI/UX designs, and proprietary algorithms are protected under copyright laws. All logos, brand names, and trademarks associated with Stellar are safeguarded by trademark laws and remain the exclusive property of Stellar. Additionally, any patented technology employed in Stellar is solely owned by the organization.

Users are provided with a limited, non-exclusive, revocable license to access and use Stellar, strictly for its intended purposes and contingent upon adherence to the app’s terms and conditions. Users are explicitly prohibited from copying, modifying, distributing, selling, leasing any part of Stellar’s services, or software. Furthermore, users must not reverse engineer or attempt to extract the source code of the software, except in cases where such restrictions are prohibited by law.

Protection of Users' Intellectual Property Rights: When users contribute content to Stellar, they retain ownership of their intellectual property rights. By submitting content, users grant Stellar a non-exclusive, perpetual, royalty-free, worldwide, transferable license to utilize, reproduce, modify, display, and distribute the content within the app for operational purposes such as showcasing recipes or sharing content with other users. This license does not transfer ownership and remains valid even after the user’s account is terminated or deleted, although the content will be anonymized.

Users can request the removal of their content from Stellar if they decide to discontinue its use or display within the app. Stellar commits to making a reasonable effort to remove the content, although once anonymized, it may be challenging to trace back to the user's identity.

Stellar implements robust measures to guard against copyright infringement and unauthorized use of user content by third parties, including mechanisms to report and address claims of copyright infringement. Users can report suspected violations of their intellectual property rights within the Stellar app using the “Give Feedback” button or by contacting stellar@eatvermont.com.

Stellar enforces policies prohibiting users from uploading content that infringes on others' intellectual property rights. Users are expected to submit only content for which they have the necessary rights or licenses.

Handling Potential Infringements: Stellar rigorously enforces intellectual property rights and has established protocols to address potential violations:

Stellar encourages all users to respect intellectual property rights and to utilize the designated reporting channels to notify the app of any suspected infringements, thereby promoting a creative and legally respectful community environment.

 

8. Content and Usage Rights

Restrictions on User-Generated Content: Users are authorized to access and utilize content from Stellar, including AI-generated recipes and user-generated content, exclusively for personal, non-commercial use. Redistribution of any content from Stellar, such as recipes or articles for commercial use without explicit permission is prohibited.

Using Stellar's content for commercial purposes or financial gain requires prior consent from either Stellar or the rightful content owner. Users must avoid altering any content in ways that could misrepresent the original intent or violate intellectual property rights.

Handling Copyrighted Material and Infringement Claims: Stellar respects copyright laws and intellectual property rights. Stellar offers a procedure for copyright owners to address potential infringements. Upon a valid claim, Stellar will remove the infringing content and may take further action, including terminating the responsible user's account.

Guidelines for Fair Use and Sharing: Stellar supports the fair sharing and use of content within the app, encouraging a community of culinary enthusiasts. Users are permitted to share content externally, like on social media or personal blogs, for non-commercial, personal use, provided proper attribution is given to the original creator or Stellar, including a link to their profile within the app if available.

Ownership and Usage Rights of User-Generated Content: While Stellar does not claim ownership of user-generated content, by submitting such content, users grant Stellar a non-exclusive, royalty-free, global license to use, display, modify, and distribute the content within the app and in promotional activities. This license enables Stellar to enhance app functionality and promote community contributions. Users retain ownership of their content, but grant these rights to facilitate their content’s integration and promotion within Stellar.

Obtaining Permission for Commercial Use: For commercial use of Stellar's content, users must obtain prior written permission. Requests should be directed to stellar@eatvermont.com, detailing the intended use and the specific content involved.

Reporting Infringing Content: Users who believe that content within the Stellar app infringes on their intellectual property rights, or those of a third party, can report this through the app's "Give Feedback" feature. Users will need to provide contact information, identify the content in question, and explain the nature of the infringement. Stellar will investigate and take appropriate action, which may include content removal.

Revoking the License: While generally it is not possible to revoke the license granted to Stellar due to the nature of shared and potentially modified content, users wishing to have their content removed can request this by contacting stellar@eatvermont.com. Stellar will attempt to accommodate such requests where feasible.

 

9. Payments, Fees, and Subscriptions

Stellar is a free app. All features, including AI-generated recipes, pantry management, grocery list tracking, and content sharing, are available without cost.

 

10. Limitation of Liability

To the maximum extent permitted by applicable law, Stellar shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of or inability to use the app. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. Stellar’s liability to you or any third party in any circumstance is limited to the greater of the amount of fees you pay to Stellar in the twelve months prior to the action giving rise to liability, or $100.

 

11. Warranties and Disclaimers

General Disclaimer: Stellar is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Stellar does not guarantee that the services will operate uninterrupted, be error-free, or completely accurate. The app’s functionality and the availability of its services may be affected by various factors, including but not limited to technical issues, maintenance, and updates. Liability for issues such as service interruptions, inaccuracies, or data loss is limited to the maximum extent permitted by applicable law.

Culinary Advice Responsibility: Stellar provides culinary advice and custom recipe functionalities for informational and educational purposes. However, it is the sole, undisputed, and ultimate responsibility of each user to exercise judgment and caution when preparing and consuming dishes based on information from Stellar. Users must assess the suitability, accuracy, and safety of any recipes or culinary advice considering their own individual circumstances, such as personal dietary restrictions, allergies, and overall kitchen safety. Without exception, Stellar is not liable for any outcomes resulting from the application of the information provided.

User Responsibilities: Users are responsible for ensuring that their devices are compatible with Stellar and capable of supporting its functionalities. Users are also responsible for maintaining their devices by installing regular updates and employing adequate security measures to enhance the app’s performance and their overall user experience. Users must take ultimate responsibility for any actions taken based on information provided by Stellar, including but not limited to the preparation, cooking, and consumption of food.

Technical Support and Troubleshooting: If users encounter issues with Stellar, they are encouraged to contact our support team through the “Give Feedback” feature or by writing to us at stellar@eatvermont.com. We are committed to providing reasonable assistance to help resolve user issues promptly and efficiently.

 

12. Amendments to Terms and Termination

Notification of Changes: Changes to the Terms and Conditions will be communicated to users via email or through in-app notifications. Stellar commits to providing at least 30 days' notice before any significant amendments take effect, ensuring users have sufficient time to review the changes. Continued use of the app after this period constitutes an acceptance of the revised Terms and Conditions.

Conditions for Termination: User access to Stellar may be terminated for violations including, but not limited to, breaches of the Terms and Conditions, illegal activities, intellectual property infringement, abusive behavior, security breaches, or other misuse of the app.

Consequences of Termination: Upon termination, the user's account and all associated data will be permanently deleted from Stellar’s systems, consistent with legal requirements. Users will lose access to any stored content and may be prohibited from re-registering for a new account. Severe violations may result in legal action.

Voluntary Account Termination: Users wishing to terminate their accounts must navigate to account settings and confirm their deletion request. The process commences immediately, verified by a final confirmation email.

Handling of User Data and Content: Stellar commits to deleting personal data associated with terminated accounts, except for anonymized data retained for analytical purposes. For specific data retrieval requests prior to deletion, users should contact stellar@eatvermont.com. Personal data may be retained for 60 days post-termination for legal or business purposes.

Appeals Process: Terminated users have 14 days to appeal by submitting a detailed explanation to stellar@eatvermont.com. Stellar will review the appeal and communicate the final decision.

 

13. Dispute Resolution

Governing Laws and Jurisdiction: The Terms and Conditions of Stellar are governed by the laws of the State of Vermont, USA. Users agree to submit to the exclusive jurisdiction of the state and federal courts located in Vermont for all legal proceedings related to their use of Stellar, except in specific cases where mandatory arbitration is invoked.

Arbitration and Class Action Waiver: Stellar requires that most disputes be resolved by final and binding arbitration conducted in the English language, under the rules of a recognized arbitration association that both parties agree upon. Arbitration will be held in Vermont unless another location is mutually agreed upon. Users waive their right to participate in class actions or class-wide arbitrations. Users have the right to opt-out of this mandatory arbitration by sending a written notice to Stellar within 30 days of first accepting these terms. The notice must be sent to Stellar’s legal department at PO Box 1244, White River Junction, VT 05001 and must include the user’s full contact information and a clear statement of the decision to opt-out.

Informal Dispute Resolution: Before engaging in arbitration, the parties agree to try to resolve disputes informally for 60 days. This process includes direct communication and, if agreed upon, mediation. Mediation may be facilitated by an independent third party agreed upon by both sides. Details on the mediation process and potential mediators will be provided upon initiation of the dispute resolution process.

Time Limits for Claims: Claims must be brought within one year from the date the claim arises, except claims brought by Stellar against a user, which must be initiated within two years from the date of the event giving rise to the claim. If claims are not brought within these time frames, they will be irrevocably waived.

Disputes Involving Third Parties: When disputes involve third-party services or content providers, users must follow the dispute resolution terms set by those third parties. Stellar will support users by providing guidance on navigating third-party dispute processes and will intervene when possible to assist in resolving these disputes.

Accessibility Considerations: Stellar ensures that dispute resolution procedures, including arbitration and mediation, are accessible to all users. Should barriers exist, users are encouraged to contact Stellar directly to seek accommodations.

 

14. Privacy Policy Integration

The Terms and Conditions (T&C) of Stellar incorporate the Stellar Privacy Policy by reference, forming an integral part of the agreement between Stellar and its users. The Privacy Policy is accessible at [insert link] and delineates the methods by which Stellar collects, uses, shares, and safeguards users' personal information. By utilizing the Stellar app, users acknowledge their comprehension and consent to the practices described in the Privacy Policy.

User Rights and Choices: Stellar empowers users with various rights regarding their personal information, in alignment with applicable data protection laws. These rights include accessing, correcting, updating, or deleting their personal data. Users can exercise these rights through their account settings or by contacting Stellar's privacy team at stellar@eatvermont.com. Stellar commits to addressing these requests promptly and in accordance with legal standards.

Compliance with Data Protection Laws: Stellar adheres to all relevant data protection laws and regulations, including the General Data Protection Regulation (GDPR) for users within the European Economic Area and the California Consumer Privacy Act (CCPA) for Californian users. Stellar employs suitable technical and organizational measures to protect the confidentiality and security of personal data and conducts regular assessments to mitigate potential risks.

Changes to the Privacy Policy: Stellar reserves the right to amend its Privacy Policy periodically. Users will be informed of any significant changes via the app or by email at least 30 days before these changes become effective. Continued use of the Stellar app following this notice period signifies acceptance of the new Privacy Policy.

 

15. Indemnification

User Indemnification Obligations: Users agree to indemnify, defend, and hold harmless Stellar, its affiliates, officers, directors, employees, agents, licensors, and suppliers from any and all claims, liabilities, damages (including direct, incidental, and consequential), losses, costs, or fees (including reasonable attorneys' fees) arising out of or related to their use of the Stellar app, any breaches of these Terms and Conditions, any infringement of third-party rights, or from any content that users submit, post, transmit, or make available through the app. This indemnification covers any allegations, damages, or expenses arising from any user-generated content or the user’s use of the app's services.

Exclusions from Indemnification: The obligation to indemnify does not extend to any liabilities or damages arising from Stellar’s own gross negligence or willful misconduct. Users are not responsible for indemnifying Stellar if the liabilities arise from Stellar's actions that deviate from the accepted norms of conduct or legal standards.

Indemnification Procedures: Upon receiving a claim for which a user may be liable, Stellar will promptly notify the user via email or written communication. Stellar retains the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, and the user must cooperate with Stellar’s defense of these claims. The user is required to provide any necessary documentation, make available relevant communications, and participate in defense strategies as reasonably requested. Users are not permitted to settle any claims without the express prior written consent of Stellar.

Claim Settlement Process: If a user intends to settle a claim, they must first notify Stellar in writing, providing a detailed proposal of the settlement terms. Stellar will review the proposal and must explicitly agree in writing before any settlement can proceed. Stellar’s consent to any settlement will be provided through a formal approval process, and the terms of the agreement will be communicated to the user in writing.

Consequences of Breach of Indemnification: Failure to comply with these indemnification obligations may result in further legal action by Stellar to recover any additional costs or damages caused by the user’s non-compliance. This includes any legal and enforcement costs that Stellar incurs due to the user’s failure to fulfill their indemnification responsibilities.

 

16. Third-Party Links and Services

No Reliance on Third Parties: Stellar does not depend on third-party services for its core functionalities but may use third-party APIs to enhance user experience. Usage of these services is subject to the terms set by the third parties and is independent of Stellar’s Terms and Conditions.

Disclaimer of Liability: Stellar disclaims any responsibility for the content, accuracy, or availability of information provided via these third-party APIs to the app. Stellar does not endorse any third-party products or services and will not be liable for any damages arising from your interactions with such third parties.

 

17. User Feedback

Stellar values and encourages user feedback for improving its services. Feedback can be submitted through the app’s feedback feature or by emailing stellar@eatvermont.com. All feedback received will be reviewed and considered for future enhancements of the app. By providing feedback, users grant Stellar a non-exclusive, worldwide, perpetual, and royalty-free license without limitation to use such feedback in any manner related to the operation and promotion of the app.

 

18. Intellectual Property Notices

All content within the Stellar app, including texts, graphics, logos, images, and software, is owned by Stellar or its licensors and protected by copyright and other intellectual property laws. Users are prohibited from using any of this material without Stellar’s explicit permission.

 

19. Governing Language and Translations

The Terms and Conditions are drafted and interpreted in English. Any translations are provided for convenience only and are not legally binding. In cases of discrepancy, the English version prevails.

 

20. Notices and Communications

Notices and communications required under these Terms must be in writing. Users can send notices to Stellar via email to stellar@eatvermont.com. Stellar may communicate with users through the email associated with their account or through posted notices within the app.

 

21. Survival of Terms

All possible provisions of these Terms, such as Intellectual Property Rights, User-Generated Content, Indemnification, Limitation of Liability, and Dispute Resolution, shall survive the termination or expiration of these Terms and continue to apply.

 

22. Waiver and Severability

The failure of Stellar to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

 

23. Entire Agreement

These Terms, along with any additional terms or policies referenced herein, constitute the entire agreement between Stellar and the user regarding the app. They supersede all prior agreements or communications between the parties regarding the subject matter hereof.

 

24. Contact Information

For any questions or concerns regarding these Terms, users can contact Stellar at: stellar@eatvermont.com. It is the responsibility of users to keep their contact information updated in their account settings to ensure they receive timely notifications from Stellar.