Terms of Service

1. Agreement

1.1 These Terms of Service (“Terms”) are a binding agreement between you and Gleam Eats LLC, a California limited liability company (“Gleam Eats”, “we”, “us”), governing your access to and use of gleameats.com, our applications, and each feature, page, link and service we provide (together, the “Service”).

1.2 You accept these Terms when you tap or click a button, or check a box, that is presented with a notice that doing so means you agree to these Terms, including when you create an account, sign in or purchase a subscription. If you do not accept them, do not use the Service. If you use the Service without having accepted these Terms in that way, including as a guest, these Terms govern that use to the extent the law allows.

1.3 Additional terms presented at the point of purchase of a paid feature form part of these Terms for that feature and govern that feature where they conflict with these Terms, except that Sections 12 to 16 control unless the additional terms state expressly that they replace a named Section.

2. Eligibility

2.1 You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service you represent that you are.

2.2 You may not use the Service if we have previously terminated your access, or if you are barred from receiving it under applicable law.

3. Your Account

3.1 You are responsible for activity under your account and for securing the email account or third-party login you use to access it. Notify us promptly of any unauthorised use.

3.2 Your account is personal to you. You may not transfer, sell or share it, or create accounts to evade a restriction or to influence any score or ranking.

3.3 We may refuse, reclaim or require you to change any display name, handle or group name at our discretion.

3.4 You consent to receive communications from us electronically, and agree that electronic notices satisfy any requirement that a notice be in writing.

4. Your Content and the Licence You Grant

4.1 “User Content” means anything you submit to or through the Service, including reviews, scores, ratings, dish names, tags, comments, notes, photos, places, reports, preferences and taste settings, names, and group selections.

4.2 You retain ownership of your User Content. You grant Gleam Eats and its successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable and sublicensable (through multiple tiers) licence to host, store, reproduce, modify, adapt, format, translate, analyse, aggregate, combine with other data, create derivative works from, publicly display, publicly perform, distribute, publish, and otherwise use your User Content, in whole or in part, in any media now known or later developed, to operate, provide, develop, improve and promote the Service and our other products and services, including by training and improving models and other automated tools, and for the purposes in Section 4.4.

4.3 You grant us the right, but not the obligation, to use your display name, handle and profile image in connection with your User Content on the Service and in promoting the Service, without compensation.

4.4 Review data. You agree that we may aggregate and de-identify User Content and data about use of the Service, and may sell, license or otherwise make that aggregated, de-identified data available to restaurants, food and hospitality businesses and other third parties, with or without charge. We may also license the text and photos of members’ reviews, as submitted, to restaurants and other partners, with or without charge; members retain ownership of their User Content; and where such text or photos are shown or delivered with attribution, the attribution is by the member’s display name, unless the member has deleted their reviews.

4.5 You will receive no payment, royalty or other compensation for any use of your User Content or of data derived from your use of the Service. As between you and us, the data, scores, aggregates, analytics and other works we generate from User Content or from use of the Service are ours.

4.6 The licences in Sections 4.2 to 4.4 survive deletion of your User Content or your account for any User Content and derived data we retain. User Content may remain on the Service after you delete your account, unless you choose to delete it as part of deleting your account. If it remains, we remove your display name from it.

4.7 To the extent permitted by law, you waive, and agree not to assert, any moral rights or rights of attribution or integrity in your User Content against us or our licensees.

4.8 You represent and warrant that you own or have the rights necessary to grant these licences; that your User Content is truthful where it states facts and reflects your own first-hand experience; and that neither your User Content nor our use of it infringes or violates any right of any person or any law.

4.9 If you send us feedback or suggestions, we may use them for any purpose without obligation to you.

5. Rules

You may not, and may not attempt to, submit content or use the Service to:

(a) post content that is false, misleading or defamatory, or that does not reflect your own first-hand experience;

(b) post content in exchange for payment, discount, goods or any benefit, or on behalf of or against a business with which you are affiliated or in competition, or otherwise manipulate any score, ranking, report or flag, including through multiple accounts;

(c) harass, threaten, bully, intimidate or demean any person, or post hate speech;

(d) post sexual content, any intimate image of a person without that person’s consent, or any content that sexualises or endangers a minor;

(e) post violent, graphic or illegal content, or promote illegal goods or activities;

(f) post another person’s private or personal information, or an image of an identifiable person without their consent;

(g) infringe any intellectual property, privacy, publicity or other right;

(h) impersonate any person or misrepresent an affiliation;

(i) post spam, advertising or solicitations;

(j) access, scrape, crawl, harvest, index or copy any part of the Service or its data by automated means, or build a database or competing product from it, except as our robots.txt file expressly permits or with our prior written consent;

(k) probe, scan, test, disrupt, overload, circumvent any security or access control of, or reverse-engineer the Service, or introduce malicious code; or

(l) violate any law or these Terms, or help anyone else do so.

6. Our Discretion Over Content and Accounts

6.1 We have no obligation to monitor, review, verify, publish, retain, display or restore any User Content. We may, at any time, for any reason or no reason, in our sole discretion and without notice or liability, decline to publish, hold, hide, format, limit the visibility of, or remove any User Content, and restrict, suspend or terminate any account or access to the Service.

6.2 Nothing we do or decline to do, including any automated or manual review, any response to a report, or any past practice, creates an obligation to act, or to act in any particular way or time, in any case. We do not undertake to keep any content available or to remove any content, except as required by law.

6.3 We are not responsible for User Content. User Content reflects only the views of its author.

7. Rankings

No business can pay Gleam Eats to be placed or ranked higher in rankings or search results on the Service. This is our only commitment about how the Service ranks, scores, orders or presents places or content; we may otherwise determine and change those methods at our discretion.

8. Reporting Content

8.1 Intimate images. If an intimate image of you, or of a person you are authorised to act for, appears on the Service without consent, send a written request to legal@gleameats.com or use the Report control on the content. The request must include: (a) your physical or electronic signature; (b) identification of the image and information reasonably sufficient for us to locate it; (c) a brief statement of your good-faith belief that it was published without consent, with any information relevant to that belief; and (d) your contact information. You do not need an account. We act on valid requests as federal law requires.

8.2 Copyright. We respond to notices of claimed infringement that comply with 17 U.S.C. 512(c)(3), sent to our designated agent:

Copyright Agent, Gleam Eats LLC, 588 El Camino Real Unit 466, Santa Clara, CA 95050; (510) 766-0769; legal@gleameats.com.

A notice must include: your physical or electronic signature; identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a statement of your good-faith belief that the use is not authorised by the owner, its agent or the law; and a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorised to act for the owner. A user whose content is removed may send a counter-notification meeting 17 U.S.C. 512(g)(3). If we receive a valid counter-notification, we may restore the removed material as 17 U.S.C. 512(g) permits. A person who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable under 17 U.S.C. 512(f). We terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

8.3 Other concerns. Other reports may be sent to support@gleameats.com. We review them at our discretion under Section 6.

9. Gleam Eats Pro

9.1 Offer. Gleam Eats Pro (“Pro”) is a paid subscription giving access to the features described at the point of purchase. We may change the features included in Pro.

9.2 Price. The price is the price shown at the point of purchase, plus any applicable tax shown there. We may change the price. We will notify you by email at least 7 and not more than 30 days before a new price applies to you, with instructions for cancelling. If you do not cancel, you agree to pay the new price.

9.3 AUTOMATIC RENEWAL. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH MONTHLY OR ANNUAL TERM, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT PRICE FOR EACH RENEWAL TERM, UNTIL YOU CANCEL. By subscribing you authorise these recurring charges.

9.4 Free trial. If your purchase includes a free trial, you must provide a payment method to start it. UNLESS YOU CANCEL BEFORE THE TRIAL ENDS, YOUR PAYMENT METHOD WILL BE CHARGED THE PRICE SHOWN AT PURCHASE ON THE DATE SHOWN AT PURCHASE, AND YOUR SUBSCRIPTION WILL THEN RENEW UNDER SECTION 9.3. One free trial per person.

9.5 Cancellation. You may cancel at any time online from your Profile, or by emailing support@gleameats.com from the address on your account. Cancellation takes effect at the end of the current paid term or trial, after which you will not be charged again.

9.6 Refunds. If you request a refund within 7 days after a charge, by email to support@gleameats.com or through our payment provider, that charge will be refunded and your access to Pro will end. Otherwise, payments are non-refundable and there are no refunds or credits for partial terms, except where required by law. The refund in the first sentence of this Section is available once per person, across any accounts and subscriptions you hold; after you have had that refund, a charge you later ask us to refund is not refunded, except where required by law, and your access to Pro continues to the end of that paid term. Deleting your account cancels your subscription immediately, without refund except under this Section. If we terminate your subscription other than for your breach of these Terms, or discontinue Pro, we refund the unused part of your current paid term.

9.7 Payment provider. Payments are processed by, and Pro may be sold to you by, our third-party payment provider (currently Stripe, including through its Link service), whose terms also apply to your purchase. If a charge fails, we or our provider may retry it, and we may suspend or end your subscription if it is not paid.

9.8 Complimentary access. Any Pro access we grant without charge is at our discretion and may be withdrawn at any time.

10. Third-Party Services and Data

The Service includes and links to data, content and services of third parties, including place listings, maps, sign-in and payment services. We do not control and are not responsible for them, and your use of them is subject to their terms. Place information may be incomplete, outdated or wrong. Gleam Eats is not affiliated with, and does not endorse, any listed place. If you share your device location, you authorise us to use it to provide the Service and as our Privacy Policy describes.

11. Our Property; Your Use

11.1 Except for User Content, the Service and the content, software, data, scores, compilations, designs, names and marks in it are owned by or licensed to Gleam Eats.

11.2 Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service for your personal, non-commercial use. Rights not expressly granted are reserved.

11.3 Our Privacy Policy describes how we handle personal information. It is a notice, not part of these Terms.

12. Disclaimers

12.1 THE SERVICE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY CONTENT WILL BE ACCURATE, COMPLETE, PRESERVED OR AVAILABLE.

12.2 Reviews, scores, ratings, matches, recommendations and other figures on the Service are opinions of users and automated calculations from them. They are not statements of fact by Gleam Eats. Do not rely on the Service for information about allergens, ingredients, dietary or religious requirements, food safety, prices, opening hours or location; confirm directly with the place.

12.3 You are solely responsible for your decisions and for your interactions with places, other users and anyone you meet through the Service, online or in person.

13. Limitation of Liability

13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, GLEAM EATS AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR CONTENT, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY THEORY, EVEN IF ADVISED OF THEIR POSSIBILITY.

13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, IN THE AGGREGATE, FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US $100.

13.3 These limitations apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law.

14. Indemnity and Release

14.1 To the extent permitted by law, you will defend, indemnify and hold harmless Gleam Eats and its members, managers, officers, employees and agents from claims, losses, liabilities, damages and expenses, including reasonable attorneys’ fees, arising out of or relating to your User Content, your misuse of the Service, your breach of these Terms, or your violation of any law or right of another, except to the extent caused by our own wilful misconduct. We may control the defence of any such claim, and you will cooperate.

14.2 You release Gleam Eats and its members, managers, officers, employees and agents from claims arising out of or relating to disputes between you and any other user, place or third party. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Residents of other jurisdictions waive any comparable law.

15. Dispute Resolution: Binding Individual Arbitration and Class Action Waiver

15.1 Informal resolution first. Before starting arbitration or a small-claims case, the party with a claim must send the other a written notice describing it and the relief sought: to Gleam Eats at 588 El Camino Real Unit 466, Santa Clara, CA 95050, with a copy to support@gleameats.com; to you at the email address on your account. The parties will try in good faith to resolve the claim for 60 days. Any limitations period is tolled during those 60 days.

15.2 Agreement to arbitrate. Except as Section 15.4 provides, you and Gleam Eats agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, whether in contract, tort, statute or otherwise, and whether arising before or after you accepted these Terms (a “Dispute”), will be resolved by final and binding arbitration. The Federal Arbitration Act, 9 U.S.C. 1 et seq., governs this Section 15.

15.3 Provider and rules. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, as in effect when the arbitration is filed (available at adr.org). If AAA is unavailable or declines to administer, the parties will agree on a substitute provider, or a court will appoint one. The arbitration will take place in the county where you reside or by video or on written submissions, at your election. Payment of filing, administration and arbitrator fees will be governed by the AAA rules; Gleam Eats will pay the fees the rules assign to the business. Each party bears its own attorneys’ fees unless the arbitrator awards them under applicable law. The arbitrator may award any individual relief that a court could award, but only to you individually and only to the extent necessary to provide relief on your individual claim.

15.4 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies and remains there; and (b) seek an injunction or other equitable relief in court to stop (i) any actual or threatened infringement, misappropriation or violation of intellectual property rights, (ii) any violation of Section 5(j) or 5(k) (scraping, automated access, security), or (iii) harassment, abuse or other conduct that threatens the safety of any person or the integrity of the Service.

15.5 Class action waiver. YOU AND GLEAM EATS MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND GLEAM EATS WAIVE ANY RIGHT TO A JURY TRIAL FOR DISPUTES SUBJECT TO ARBITRATION. The arbitrator may not consolidate claims of more than one person or preside over any class or representative proceeding, except as the AAA Mass Arbitration Supplementary Rules provide for administration.

15.6 Public injunctive relief. If a claim seeks public injunctive relief and a court finds that relief cannot be waived or arbitrated under applicable law, that claim for relief will be severed and decided by a court in the venue in Section 16, after the arbitrable claims are arbitrated. The court action will be stayed until then.

15.7 Who decides. The arbitrator decides questions of arbitrability, scope and enforceability of this Section 15, except that a court decides any question about the enforceability of Sections 15.5 and 15.6 and about whether a claim seeks public injunctive relief.

15.8 If the class waiver fails. If Section 15.5 is found unenforceable as to any claim, that claim will proceed in court in the venue in Section 16 and not in arbitration, and will be stayed pending arbitration of the remaining claims. In no case will a class or representative arbitration proceed.

15.9 Your right to opt out. You may opt out of this Section 15 by emailing support@gleameats.com, with the subject “Arbitration opt-out”, within 30 days after you first accept these Terms. Include your name and the email address on your account, and state that you opt out of arbitration. Opting out does not affect any other provision of these Terms or any earlier arbitration agreement with us.

15.10 Changes. If we change this Section 15, the change will not apply to a Dispute of which either party had given notice before the change took effect. If you reject a change by emailing support@gleameats.com within 30 days after it takes effect, the version of this Section 15 you last accepted continues to apply.

15.11 Severability. Except as Sections 15.6 and 15.8 provide, if any part of this Section 15 is found unenforceable, the remainder will be enforced.

16. Governing Law and Venue

These Terms and any Dispute are governed by the Federal Arbitration Act as to Section 15, and otherwise by the laws of the State of California, without regard to conflict-of-laws principles. Subject to Section 15, any Dispute will be brought exclusively in the state or federal courts located in Santa Clara County, California, and you and we consent to their personal jurisdiction and venue.

17. Changes to the Service and These Terms

17.1 We may change, suspend or discontinue any part of the Service, or charge for any feature, at any time without liability, subject to Section 9.2 for an existing Pro subscription.

17.2 We may revise these Terms. We will post the revised Terms with a new “Last updated” date. For a material change we will give notice by email or on the Service before it takes effect, unless a change is required by law or addresses abuse or security. Your continued use after a revision takes effect constitutes acceptance. Revisions do not apply to a Dispute of which either party had given notice before the revision took effect.

18. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access under Section 6. Sections 3.4, 4, 5 (as to conduct before termination), 6, 8.2 (as to repeat infringers), 9 (as to amounts accrued and refunds), and 11 to 20, and any provision that by its nature should survive, survive termination.

19. General

These Terms, together with terms presented at purchase, are the entire agreement between you and us about the Service. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them without restriction. There are no third-party beneficiaries. We are not liable for delay or failure caused by events beyond our reasonable control. Headings do not affect interpretation. “Including” means “including without limitation”.

20. Contact; Notice to California Users

Gleam Eats LLC, 588 El Camino Real Unit 466, Santa Clara, CA 95050; support@gleameats.com; (510) 766-0769. Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.