The following terms and conditions (hereinafter the “T&C”) are applicable to the sale-purchases of any “Natural Machines” product (hereinafter, the “Product”) between Natural Machines Iberia, S.L. (hereinafter, “we” or “Natural Machines”), and the purchaser of the Product (hereinafter, “you” or the “Purchaser”).
1.2. Please read these T&C carefully before ordering any Product from www.naturalmachines.com (the “Site”) You should understand that by ordering any Product, you accept these T&C. If you refuse to accept these T&C, do not order any Product from the Site. You may print a copy of these T&C for future reference.
1.3. The sale of Products is directed and intended to final users of the Products and not to resellers. Therefore, resale of the Products by resellers shall not benefit in any manner by the provisions contained herein and Natural Machines shall not be bound in any manner to subsequent purchasers, except where required by law.
1.4. Purchases of the Products by parties who are not consumers shall not be afforded the benefit of certain rights included in these T&C. These benefits are only provided to consumers as a consequence of applicable law, as included in the relevant clauses herein below.
1.6. Natural Machines reserves the right to modify the T&C, making available to the Purchaser the updated T&C that are in force at any given time. Such modification shall apply only to orders made after the modification.
2.1. We do not accept orders outside the following countries: United States of America, European Union Member States, European Economic Area Member States and People’s Republic of China. If you choose to send your order from locations outside these territories, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from Natural Machines.
2.2. Details of the Products available for purchase are set out in the Site. All prices have been displayed inclusive of value added taxes at the prevailing rate. All features, content, specifications, products and prices of Products are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
2.3. All orders for Products are subject to availability and, in the event of supply difficulties or because Products are no longer in stock, Natural Machines reserves the right, prior to the Shipping Confirmation (as defined below) to inform the Purchaser about the lack of availability and to cancel the order. In that case, Natural Machines will immediately refund any money paid by the Purchaser.
By placing an order through the Site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old; and
(c) you are resident in and accessing our Site from the United States of America, European Union Member States, European Economic Area Member States or People’s Republic of China.
4.1. Your order is an offer to us to purchase the Products included in the order. You are deemed to have placed an order with us by ordering via the online checkout process in the Site. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing the order reference number and details of the Product or Products you have ordered (hereinafter, the “Order Confirmation”) Please note that the Order Confirmation is an acknowledgement that we have received your order and does not mean that your order has been accepted by us. All orders are subject to our acceptance . We will only accept your order and form the contract of sale when we send you an e-mail confirming that the Product has been dispatched (the “Dispatch Confirmation”).
4.2. Although Natural Machines will make its best efforts to always process all the orders, we may refuse any order (i) where a Product is no longer available; (ii) where we cannot get confirmation for your payment, or (iii) if there has been a pricing or Product description error. In such circumstances Natural Machines will contact you and may suggest alternative Products that you may wish to purchase (at the same or different price) or any other solution. In the event of a pricing error, Natural Machines will proceed according to what is established in Clause 6. Likewise, there may be exceptional circumstances, including technical, financial or commercial reasons or constraints, which mean that Natural Machines may need to refuse to process an order after Natural Machines has sent to Purchaser a Dispatch Confirmation, which Natural Machines reserves the right to do at any time.
4.3. In any case, if Natural Machines does not accept or refuses the order and funds have already paid by the Purchaser, these will be fully refunded with no delay. This shall be the sole and exclusive remedy available for the Purchaser in case of cancelation of an order.
5.1. Natural Machines shall deliver the Product or Products to the delivery address stated in the order and will not deliver the Product or Products unless there is someone present in such address to accept and sign for the delivery. For the purposes of these T&C, the delivery shall be deemed to have taken place at the time possession of the Product passes to the Purchaser or his/her designees at said address (hereinafter, the “Delivery”).
5.2. Subject to the provisions of Clauses 3 and 4 above on availability and unless unforeseen or exceptional circumstances, Natural Machines will endeavor to fulfill the order for Products listed in the Dispatch Confirmation by the delivery date set out in the Dispatch Confirmation, or in any other communication from Natural Machines or the delivery company (the “Delivery Date”). Delivery dates are estimated and may be subject to change as a result of manufacturing delays. Any delay in the Delivery will be communicated to you in advance. In any case, you will have the option to continue with the purchase with a new Delivery Date or alternatively cancel the order in which case we will reimburse you with the full amount paid.
Natural Machines may make partial shipments of orders, to be separately invoiced and paid for when due. Any delay in the Delivery or any instalment will not relieve Purchaser of its obligation to accept the remaining Deliveries.
5.3. You or your designees shall receive the Products upon Delivery and sign the corresponding delivery document from the carrier. You shall at the time of Delivery inspect the packages and make any pertinent complaint to the carrier in case of missing or visible damage of the package.
6.1. The price of each Product shall be the one quoted from time to time by Natural Machines. Except if otherwise provided for in the ordering process, the price of the purchase is inclusive of value added taxes, expenses and costs relating to the packaging, transport using a Natural Machines-selected carrier, and insurance of the Products until the Delivery.
6.2. Notwithstanding the above, purchases by Purchasers located outside of the United States of America, China and the European Union shall be subject to different taxations, export costs, custom charges and other similar duties imposed on the Products or their packaging by central or local authorities or other institutions, depending on the delivery of the Product and the relevant regulation and jurisdiction. For this reason, final price of the Product shall be subject to additional costs that may not be quantifiable during the purchase process. You, as importer of the Products, accept and understand that Natural Machines and/or its logistics provider may inform you after the purchase of those additional costs that you accept to pay for the delivery of the Product, including transport, taxes and customs. In those cases, delivery of the Product shall be suspended until full payment of the price, including the above referred additional costs. In addition, in the above cases, the Purchaser is the sole responsible for the fulfillment of any additional requirements stated by the relevant custom authorities and for the effects of the non-fulfillment of any such requirement in respect of the delivery of the Product.
6.3. Whilst Natural Machines takes care to ensure that all prices quoted are accurate, errors may occur. If Natural Machines discovers an error in the price of any Product the Purchaser has ordered, Natural Machines will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If Natural Machines is unable to contact you, the order will be treated as cancelled and if you have already paid for the Product, you will receive a full refund. Natural Machines is under no obligation to sell the Product at the incorrect (lower) price (even after Natural Machines has sent to the Purchaser a Dispatch Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by the Purchaser as such.
6.4. The Purchaser would be only allowed to pay the price, as specifically stated during the ordering process. Purchaser shall provide the details required by Natural Machines to identify the payment. In the event legal action is necessary to collect on balances due, you agree to reimburse Natural Machines and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. The purchase is subject to validation checks and authorizations. In such case, if Natural Machines does not receive the required authorization, Natural Machines will not be liable for any delay or non-delivery and Natural Machines will not be able to form any contract with the Purchaser.
6.5. By submitting the order and accepting these T&C, the Purchaser agrees to receive invoices electronically from their Purchases. The electronic invoices will be provided in PDF format to the e-mail to the Purchaser. The Purchaser may decide at any time to cancel envoy of the invoice by electronic means by submitting an email to email@example.com.
7.1. The Product will be at the Purchaser risk from the time of Delivery.
7.2. Ownership of the Products will only pass to the Purchaser when Natural Machines receives full payment of all sums due in respect of the Product, including delivery charges. Therefore, Natural Machines reserves title over the Product (reserva de dominio) until the time full and irrevocable payment is received.
8.1 If the Purchaser is contracting as a consumer, statutory Consumer Protection Regulations applicable to the sale-purchase shall regulate the Purchaser’s right to withdraw from the purchase.
8.2 In case EU Consumer Directives or any other EU member state national consumer regulations applies to the sale-purchase, the Purchaser has up to fourteen (14) days after Delivery has taken place to cancel the order. In such cases:
(i) The Purchaser shall unequivocally notify its decision to Natural Machines at the address stated in section 1.1 above or by email to firstname.lastname@example.org, for which purposes the Purchaser can use the model withdrawal form included as Appendix 1 to this T&C.
(ii) Once the Purchaser has sent its notification on the withdrawal, Natural Machines will send with no delay to Purchaser an acknowledgment to confirm receipt.
(iii) The notification on the withdrawal shall be deemed processed in due time if sent before fourteen (14) days.
(iv) In case of withdrawal, the Purchaser will be refunded all payments paid for such Products (including delivery charges – but except for those additional charges resulting from the Purchaser’s choice for a different method of delivery more expensive than our cheapest ordinary method) with no delay and in any case no later than fourteen (14) days after Natural Machines has been informed about the decision of the Purchaser to withdraw from the purchase. Reimbursement shall be done with no cost to the Purchaser. Notwithstanding the above, Natural Machines shall be entitled to retain the refunded payments until Natural Machines receives the returned Products or the Purchaser shows proof of return of the Products.
(v) Except otherwise agreed between the Parties, Natural Machines shall instruct its logistics services provider to pick up the Products at the same address where the Delivery took place, notifying the Purchaser in advance about the time of pick up. The Purchaser will be responsible for returning and delivering the Products with no delay.
(vi) The Purchaser will be responsible for the direct costs of returning the Products.
(vii) The Purchaser shall be liable for any partial loss of the value of the Product when resulting from an operation different from the one which would be necessary to figure out the nature, characteristics and functioning of the Product.
(viii) The following returns will not be accepted (without limiting any other cases as allowed under applicable regulations):
(a) any cartridges which have been used;
(b) any parts or components of the Product that could have been contaminated while using the Product and cannot be reused or repackaged due to hygiene and sanitary reasons;
(c) Products that have been customized specifically for the Purchaser; or
(d) when any of the services associated to the Product have already been provided.
(ix) Products shall be returned with all their accessories, pieces, documentation and packaging.
8.3. Except where and to the limits not permitted by mandatory law, non-consumer Purchasers shall not benefit from the right of withdrawal contained herein and any purchase of Products are non-returnable and non-refundable.
(a) The warranty or guarantee of the Product and its performance are those provided under the statutory laws applicable to the sale-purchase and depend on each country and jurisdiction.
(b) In case EU Consumer Directives or any other EU member state national consumer regulations applies to the sale-purchase, Natural Machines reminds the Purchaser that the Products are guaranteed to be in conformity with the terms of the contract for the period of two (2) years required by mandatory law from the date they are delivered to the Purchaser, all in accordance with the relevant mandatory legislation.
(c) Notwithstanding the above, the Product´s Warranty Cards may establish additional terms and conditions regarding guarantee of the Product on top of the applicable statutory regulation.
(d) Except where and to the limits not permitted by mandatory law or when otherwise provided in the Product’s Warranty Card, non-consumer Purchasers shall only benefit from the guarantee provisions included in the relevant Product´s Warranty Cards.
9.2. After sales services conditions: Unless otherwise stated in the Product’s Warranty Card, Natural Machines does offer after sales services to cover those cases where Product does not conform to the Contract. The Purchaser should contact Natural Machines (1) through the process available on the Site, or (2) by email at email@example.com, with details of the Product and its error, damage or malfunctioning, where the Purchaser will receive instructions from Natural Machines on how to proceed.
9.3. EXCEPT FOR THE WARRANTIES AND GUARANTEES MADE ABOVE AND ANY STATUTORY WARRANTIES OR GUARANTEES PROVIDED BY APPLICABLE LAW, THE INFORMATION, PRODUCTS AND SERVICES PROVIDED BY NATURAL MACHINES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER NATURAL MACHINES, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES . THE INFORMATION, MATERIALS AND SERVICES PROVIDED BY NATURAL MACHINES MAY BE OUT OF DATE, AND NEITHER NATURAL MACHINES MAKES NO COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NATURAL MACHINES OR THROUGH THE PRODUCTS, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10.1. Except where and to the maximum limits not permitted by mandatory law, Natural Machines shall not be liable for (i) loss of earnings, indirect, incidental or loss of goodwill, revenue or anticipated profits, business interruption, loss of use or opportunity, loss of profit or punitive, special or exemplary damages, including such damages incurred or claimed by third parties; even if such damages are foreseeable or natural machines has been advised or has constructive knowledge of the possibility of such damages, (ii) expenditures, investments or commitments made in for any reason or goodwill of the distributor, or cost of procurement of substitute products or services, or (iii) loss, use or corruption of data.
10.2. Natural Machines aggregate liability for any claim of any nature under this agreement or with regards to the Products, under any contract, negligence, strict liability or other legal or equitable theory, shall be limited to the aggregate of the amounts paid to Natural Machines following the sale-purchase of the Products.
11.1. The Purchaser acknowledges and accepts that Natural Machines has the exclusive rights to the Industrial and Intellectual Property rights on the Product.
11.2. These T&C do not amount to any grant of a license whatsoever to the Purchaser for the use of the copyrights, trademarks, logos, business names, domain names or any other intellectual or industrial property right owned by Natural Machines, including without limitation any text, graphics, photographs, moving images, sound or illustrations that may be present on the Site.
12.1. The fact that these T&C agreed by the parties may become void or invalid shall not affect the validity of the rest of the contractual relationship between the parties.
12.2. The parties shall replace in good faith, within acceptable limits, the invalid condition by another with the same technical and economic result as the original, without this giving rise to any substantial or material change in the rest of their contractual relationship.
13.1. These T&C are the entire agreement between you and Natural Machines and supersede any prior understandings or agreements (written or oral).
13.2. Natural Machines reserves the right to withdraw the Product at any time and/or remove or edit any materials or content on the Site. Natural Machines will not be liable to the Purchaser or any other third party by reason of our withdrawing the Product, whether it has been sold or not, removing or editing any materials or contents on the Site or for refusing to process or accept an order after Natural Machines has sent to Purchaser the Order Confirmation.
14.1. These T&C shall be is governed by, and will be construed under, the laws of the KINGDOM OF SPAIN, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14.2. Any issue or dispute that may arise in relation to the interpretation, performance and implementation of these T&C shall be expressly subject to the jurisdiction and competence of the courts of the city of Madrid, and the parties expressly waive the right to any other forum which they may have.
14.3. Some states or jurisdictions do not allow the election of laws and courts to end-consumes. If you are an end-consumer and your applicable regulations do not allow the election of laws and courts, the provisions in 14.1 and 14.2 shall not apply to your purchase of the Products.
Except where these T&C expressly provide otherwise, any notices and communications that the parties must deliver to each other shall be by e-mail with acknowledgement of receipt, or any other written form which makes it possible to show its receipt by the addressee, sent to the addresses that correspond to each party.
Neither Natural Machines nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: force majeure, fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Last Update: September 2018
This subscription agreement establishes the terms and conditions (hereinafter, "Terms and Conditions") that are applicable to the contractual and commercial relationship between the Client (hereinafter, the "Client") and Natural Machines Iberia S.L. (hereinafter, “Natural Machines”) for the use and operation of the Foodini, its accessories (hereinafter, “Foodini”) and for access to the cloud platform (IoT) of Natural Machines (hereinafter, “Foodini World”), during the time of the subscription plan contracted by the Client in the subscription platform, and selection of the services and functionalities to be provided by Natural Machines (hereinafter, the “Platform”).
These Terms and Conditions regulate the right to use Foodini by the Client, the use of the Software and the access and use of Foodini World; as well as the support, maintenance and update services that Natural Machines will provide to the Client through Foodini (hereinafter, the "Services"), in accordance with the subscription plan contracted.
The access and use of Foodini, the Software and Foodini World or the Services imply that the Client has read, agrees to and accepts in full and without reservations to fully comply with these Terms and Conditions. Natural Machines may modify these Terms and Conditions at any time, so we recommend reviewing them regularly.
Some of the Services offered by Natural Machines in the Foodini may be subject to specific conditions or instructions from Natural Machines, third parties that provide them or those on which they depend. Said conditions or specific instructions will complete or, if they are contrary to what is established here, will replace the content of these Terms and Conditions, for which they must be accepted by the Client before the provision of the corresponding Service begins.
3.1. Delivery of Foodini
At the time of the contracting the Foodini subscription, the Client will provide on the Platform the required details for the delivery of the Foodini and for issuing the corresponding invoices. However, some of the services offered by the Platform will be provided through third parties, which will be subject to the conditions and standards of service established by such third parties.
In particular, some of the data provided by the Client, such as payment details may be managed by third parties. In particular, the payment details, such as the credit card numbers, will be stored and managed by a third party under their own terms and conditions, and Natural Machines will not have access to the provided bank details.
The shipping costs, if any, will be shown in the payment summary within the Platform before finalizing the contracting process.
All additional expenses incurred by the Client after accepting this subscription agreement, including setup and training not covered in the subscription agreement, will be borne exclusively by the Client.
3.2. Return of Foodini
At the end of the subscription agreement for any reason, the Client must return the Foodini to Natural Machines in the same packaging in which it was delivered, and correctly packaged. In the event that the Client has not kept said packaging, they must request a new packaging from Natural Machines. The shipment by Natural Machines of a new packaging for the return of Foodini may have an additional cost for the Client.
Likewise, the Client must send, at its own expense, the Foodini to the place indicated by Natural Machines, within a maximum period of five (5) working days after the termination of the subscription, undamaged and in good working order, without prejudice to the logical wear and tear that the Foodini may have due to the passage of time and its ordinary use in accordance with the terms herein. The device and accessories must be returned without damage and in good working condition, without prejudice to the acceptable wear and tear Foodini during its ordinary use in accordance with the terms set forth herein. In the event that the Client does not return Foodini, Natural Machines reserves the right to continue charging the fees associated to the subscription plan contracted by the Client.
If, once the Foodini has been returned, it shows defects and/or is damaged due to causes not related to logical wear and tear over time and ordinary use, Natural Machines reserves the right to charge the Client for the costs incurred in its repair or deduct them from the deposit paid at the time of acceptance of this subscription agreement, in accordance with Clause 5 of the Terms and Conditions.
The Client will pay Natural Machines the monthly fees associated to the subscription plan chosen on the Platform.
The Client will pay the monthly or annually fees in advance, depending on the subscription plan contracted. In the case of monthly remuneration, this will be paid month by month, with the first payment coinciding at the time of contracting and the following monthly payments. Payment will be made automatically to the credit card or bank account number indicated by the Client on the Platform.
The Client will be charged a deposit, together with the first monthly charge and add-ons, in the moment of contracting the subscription, for the amount established in the Platform. Natural Machines will return to the Client the deposit once the agreement has been terminated, provided that the returned Foodini does not present defects and/or is damaged not related to the acceptable wear and tear.
In the event of termination by the Client before the duration of the selected plan, Natural Machines reserves the right to deduct from the payment made when accepting the subscription plan, an amount equivalent to the remaining monthly fees until the date of ordinary termination of the agreement according to the plan duration.
Likewise, at the termination of the agreement, as long as there is no breach, the deposit paid by the Client at the time of acceptance of the agreement will be returned within thirty (30) business days, to the account number used by the Client for the payment of the fees, once Natural Machines has received and reviewed the Foodini and it shows no damage caused by the Client.
The Client undertakes, while the Foodini is in its possession, to treat it with due diligence and to ensure that its staff, users or third parties accessing it are properly instructed or qualified to use it.
Likewise, during the subscription period, the Client agrees to follow all the appropriate Foodini security and maintenance procedures, and will ensure that its staff or third parties who have access to it, will also follow the adequate security measures to protect it from possible theft and/or damage. The Client will bear the costs of getting Foodini back or replacing it in the event it is stolen.
The Client also agrees that:
i. It will comply with the maintenance instructions included in the following link https://support.naturalmachines.com/portal/en/kb/natural-machines-inc
ii. It will keep Foodini in the right use conservation conditions
iii. Will not make any modification, addition or repair to Foodini.
iv. Will not remove or modify any identification or branding affixed to the Foodini.
v. Will not sublet Foodini, nor will assign it and/or transfer in any other way the rights and obligations derived from it, without the prior written consent of Natural Machines.
vi. Will not engrave Foodini in any way.
The Client is solely responsible for absolutely all the consequences that may derive from the use of Foodini.
During the term of the subscription plan, the Client will assume absolutely all the risks of deterioration, damage or loss, total or partial, of Foodini, including theft, fortuitous event or force majeure, becoming solely responsible for damages, material or personal caused to itself or to third parties, that could be caused by the Foodini or its use.
The Client will use Foodini exclusively in the applications it has been designed for, not being authorized to use for other purposes unless prior, express and written authorization of Natural Machines.
The Client will always keep Foodini in optimal conditions and appearance as it is today.
Natural Machines is expressly authorized by the Client to inspect or check the device as it deems appropriate, for the purpose of verifying the exact fulfillment of the Client's contractual obligations, which the latter accepts. In this case, the Client accepts the download of different usage logs so Natural Machines can perform preventive maintenance services.
The Client will be able to use Foodini and the Services once they have registered and created an account (hereinafter, the “Foodini Account”). In order to do so, the Client will only have to log in including their ID and password to authenticate their Foodini Account.
The Client shall not disclose the information of his Foodini Account to third parties and shall be solely responsible for maintaining the confidentiality and security of his Foodini Account and for all activities that occur through his Foodini Account. Likewise, the Client undertakes to immediately notify Natural Machines of any incident that compromises the security of his Foodini Account.
Natural Machines will not be liable for damages arising from misuse or unauthorized use of the Foodini Account as a result of the Client's lack of diligence and non-compliance with these Terms and Conditions.
8.1. Client agrees to provide the information required for account registration on a mandatory basis, as well as to provide true, complete and updated information. It is the responsibility of the Client to keep updated, in the corresponding way, the aforementioned information. If the Client provides, or Natural Machines has reason to suspect that they have provided, false, outdated or incomplete information, Natural Machines may suspend or terminate their account.
8.2. Likewise, the Client must guard his password, treat it confidentially and not reveal it to other people. The Client will be responsible for any actions performed using his account in any Foodini. If you suspect that a third party is using your account, you must notify Natural Machines immediately.
8.3. Natural Machines may suspend or cancel the Client's account if it considers that it has breached these Terms and Conditions or if it considers that there is any risk to the security of Foodini World or the stored Client data.
8.4. Account Cancellation.
Once the subscription agreement ends, the Client may cancel their Foodini Account and/or stop using the Services at any time. To cancel the Foodini Account and delete your ID, the Client must contact Natural Machines through firstname.lastname@example.org.
9.1. Foodini World can only be used once the Client has registered with Foodini and the Client can access Foodini World through their Foodini Account. However, Natural Machines reserves the right to also make certain content available to certain non-registered Client, such as preview views of Recipes. The availability of the contents is in any case subject to the sole discretion of Natural Machines.
If the Client does not wish to store any content in Foodini World, he may deactivate this service in the settings that appear in the Foodini, or not anchor his Foodini Account in Foodini World, in which case the Client will not have access to the Recipes.
9.2. The Client will not be authorized to (i) circumvent the technical restrictions of Foodini World (ii) reverse engineer, hack or modify Foodini World; (iii) modify Recipes that were not created by the Client in question or make copies of the Recipes and modify said copies unless for authorised recipes; (iv) the use of Foodini World for an objective contrary to the Law and these Terms and Conditions; and (v) the use of Foodini World in such a way that damages or may damage, disable, overload or impair the infrastructure that allows Foodini World to function.
9.3. In accordance with these Terms and Conditions, the Client may access and download the Recipes for an unlimited period of time, said Recipes may only be used through Foodini and not with other machines or devices.
The intellectual and industrial property rights, including the exploitation rights and other economic rights corresponding to the Software and on Foodini World belong to Natural Machines. The Software and Foodini World (and the technical documentation of both) may not be modified, copied, altered, reproduced, distributed, publicly communicated, adapted or translated by the Client, either directly or through a third party.
The Licenses do not imply, in any case, the transfer of ownership or the granting of any type of intellectual or industrial property rights, whether natural or patrimonial, in favor of Clients other than the rights expressly provided for in these Terms and Conditions regarding the Software and Foodini World.
10.1. Software Use License.
Subject to these Terms and Conditions, Natural Machines grants the Client, who accepts it, a limited, non-exclusive, free, personal, non-transferable, non-sublicensable and revocable license to access, execute and use the Foodini and its Services (in hereinafter, the “Software License”).
The Client agrees to use the Software installed on the Foodini in accordance with the conditions established in these Terms and Conditions. The Client is only authorized to access and use said Software, in accordance with these Terms and Conditions, to use the Foodini. Therefore, any other use is expressly prohibited.
The Client agrees to use the Software in good faith and not to use it negligently, fraudulently, or illegally.
The Client will be responsible for ensuring, before using the Software, that its characteristics meet its needs and that it has the necessary requirements, equipment and software for that purpose, assuming the necessary expenses for this purpose.
The License is personal and the Client may not assign or transfer to any third party the right of access and use granted herein by virtue of the License.
The Client shall not access the source code or attempt to circumvent any Software protection measures, disassemble, decompile or reverse engineer the Software without Natural Machines' prior written permission, except to the fullest extent permitted by law applicable. The Client may not use the Software for purposes other than or contrary to what is established in these Terms and Conditions.
10.2. License for use of Foodini World
Natural Machines grants the Client, who accepts, a non-exclusive, non-transferable and non-sublicensable license to use Foodini World and the Recipes in accordance with the provisions of these Terms and Conditions (hereinafter, the "Foodini World License”). The Client is only authorized to access and reproduce the Recipes to the extent necessary for the contractual purpose. The Client may use the Recipes for its own non-commercial purposes and only to the extent permitted by these Terms and Conditions. The commercial use of the contents included in Foodini World requires the prior written consent of Natural Machines.
The Client may not sell or lease the Recipes, images, videos or other content of third parties to third parties. The Recipes found in Foodini World are protected by copyright and all rights, except those granted in this license, are reserved.
The commercial use of the contents included in Foodini World requires the prior written consent of Natural Machines. The photos that appear in Foodini World may not be reproduced, distributed, transformed, or communicated to the public unless the express written consent of Natural Machines is obtained.
Natural Machines agrees to provide Foodini maintenance services online through a ticketing system. The Client must request Foodini's maintenance and repair services online from Foodini itself or through https://support.naturalmachines.com.
Likewise, Natural Machines will provide the Client with (i) a monthly preventive service, within the first ten (10) days of each month, in which, among other things, a complete review of the correct functioning of the Foodini will be carried out by the Natural Machines online; and (ii) assistance service for the repair of breakdowns within 24/48 hours, depending on the subscription plan contracted by the Client on the Platform, since the Client has communicated said breakdowns to Natural Machines through of the ticketing system.
In the event of repeated breakdowns in the Foodini, Natural Machines may, at its sole discretion, replace it according to the diagnosis made by the Foodini. By way of clarification, repeated breakdowns must be understood as those that occur more than three (3) occasions per year at Foodini during the term of the subscription.
The maintenance service covered by the subscription contracted by the Client and provided by Natural Machines on the Foodini will be fully included in the contracted subscription price, so in no case will the Client bear any type of cost or expense related to it, nor can they be passed on, as long as the Client has made use of Foodini in accordance with these Terms and Conditions.
Likewise, through Foodini and always with an active Internet connection, the Client can use the Services and can access Foodini World, save Recipes, make designs, create their own Recipes and make new creations, obtain advice and information to improve the results. Likewise, the Client may share their designs, Recipes, ingredients and creations with other Foodini users.
The clients are solely responsible for the acts,, uses and omissions they make from the information obtained from Foodini, Foodini World or the Services. It is the sole responsibility of the Client to inform themselves as to whether such acts, uses and omissions are appropriate and appropriate.
The Client is responsible for everything that is done through his FoodiniWorld Account.
In addition to the above, in order to report to Natural Machines any problems that may arise due to the use of the Software and the Services, the Client must have the option to collect aggregate usage statistics enabled. If this option is not enabled, the Client will not be able to download the different Foodini updates, improvements and extensions that become available.
Said information collected on the report of issues derived from the use of Foodini will be sent anonymously and individually to Natural Machines. This data is only used to help the developers of Natural Machines and to be able to analyze the problems and errors that may occur while using Foodini.
This subscription agreement will enter into force on the day of its acceptance by the Client on the Platform and will remain in force during the subscription period contracted by the Client on said Platform.
Without prejudice to early termination causes enumerated in Clause 15 of these Terms and Conditions, upon expiration of the initial term, this subscription agreement will be understood to be automatically renewed for successive monthly periods.
Foodini belongs solely and exclusively to Natural Machines, without the Client having more rights in relation to it than those derived from the content of this agreement.
All rights recognized by any applicable intellectual property regulations for any purpose and for any use, as well as all rights recognized by any applicable industrial property regulations (in particular, patents, utility models, industrial models and drawings, designs and trademarks), including domain names and know-how or business secrets, whether registered, requested or unregistered (hereinafter, the "Intellectual and Industrial Property Rights") owned by Natural Machines or of its licensors, will continue to be its exclusive property and nothing established in these Terms and Conditions will imply the granting in favor of the Client of right or license with respect to them.
This subscription contract does not imply the granting of any license in favor of the Client for the use of the trademarks, logos, commercial names, domain names or any other right owned by Natural Machines.
Any use of the Industrial and Intellectual Property Rights by the Client, beyond the mere use of Foodini, will require the prior written authorization of Natural Machines.
The Client will perform or allow to be performed any act that could in any way undermine or depreciate the value or validity of the Intellectual and Industrial Property Rights of Natural Machines or its licensors. Likewise, when reasonably necessary, the Client will collaborate with Natural Machines or its licensors in the registration or protection of their Intellectual and Industrial Property Rights.
These Terms and Conditions may be terminated for any of the following reasons:
i. Due to the termination of this by any of the parties, due to its expiration, or due to the expiration of any of its extensions in accordance with the provisions of Clause 12 of these Terms and Conditions.
ii. By any of the parties, in the event of breach of any of the obligations of these Terms and Conditions by one of the parties, as long as said breach has not been remedied within thirty (30) business days from the notification of such breach by the performing party.
iii. For any of the cases provided for in the applicable regulations; and
iv. By non-consensual transfer of Foodini or its associated rights by the Client.
In case of non-compliance, Natural Machines may demand compensation from the Client for those damages that could have been incurred as a result of non-compliance with these Terms and Conditions.
The early termination of this subscription agreement for any of its causes will have the following effects:
i. Payment of all pending invoices to Natural Machines by the Client.
ii. The return of Foodini by the Client in accordance with the provisions of Clause 3 of these Terms and Conditions.
Each party agrees not to disclose, in whole or in part, the content of these Terms and Conditions to third parties, as well as the confidential information of the other party, including, without limitation, technical or commercial data, the structure of prices, costs or administrative information provided by the other party or that may have been acquired during the execution of the subscription agreement.
This obligation of confidentiality shall not apply to information that (i) has been authorized to be disclosed with the written consent of the party owning the information, (ii) is or becomes public knowledge in the absence of a breach of these Terms and Conditions, (iii) is obtained from a third party that is not required to maintain confidentiality in relation to the information, (iv) was known before the execution of this Agreement, or (v) must be disclosed by law or by a competent public body.
Upon termination of the subscription agreement for any reason or at the request of either party, each party will immediately destroy or return to the other party all documents or materials of any kind in its possession, custody or control (regardless of medium in which the information is contained) and that have been provided by the other party.
This clause will remain in force for a period of five (5) years after the termination of the subscription agreement for any reason.
Communication by both parties of personal information relating to contact persons who manage their relationship with the other party is necessary for the acceptance of the subscription agreement,
The personal data of the contact persons or employees of the parties, as well as of any natural person who provides services to them, will be processed by and under the responsibility of the other party for the purpose of managing, maintaining, developing, controlling and improving the contractual relationship between both, limited to the minimum essential data for its implementation. The parties guarantee that they will inform the related persons of the communication of their data to the other party for said purpose.
The data shared will be kept during the term of the subscription agreement and the commercial relationship between the parties. Once the term of the subscription agreement has ended, the personal data will be kept in views of a future commercial relationship.
The legal basis for data processing is the legitimate interest of the parties in maintaining commercial and contractual relationships.
For the appropriate purposes, the parties state that the communication of personal data to third parties is not foreseen.
Interested persons whose data is provided by the parties in accordance with the above, may exercise their rights of access, rectification, opposition, deletion, portability and limitation of treatment at any time, by contacting Natural Machines at the following link: https://www.naturalmachines.com. Interested persons have the right to seek the protection of the Spanish Data Protection Agency through its website www.aepd.es or the corresponding data protection body.
The Terms and Conditions may not be amended, modified or waived, except by agreement of the parties in writing.
In the event that any of these Terms and Conditions is declared null, the remaining Terms and Conditions will remain in force without being affected by said declaration of nullity. The parties will consult each other and will do everything possible to agree on a valid and applicable provision, which reasonably replaces said null, invalid or unenforceable provision, in accordance with the spirit of the subscription agreement.
When using the Services, included in Foodini and Foodini World, there may be technical link devices such as "links", "banners", etc., which allow the Client to access web pages belonging to or managed by third parties.
Natural Machines cannot control, monitor, approve or endorse the contents of the web pages that are accessed through said link devices, not even those that contain the aforementioned "frames" or frameworks and, therefore, excludes any responsibility for damages of any kind that may arise from access to the pages or content linked directly from Foodini or through Foodini World.
In particular, Natural Machines will not be responsible for the operation or respect for the law, morality, or generally accepted good customs, of the links that can be linked directly from Foodini or through Foodini World.
Foodini, the Software and the Services have been designed for the applications that are specific to the Client (which may be, among others, cooking, research, bioengineering, medicine).
The Software and Services are provided "as is" or "as available" without warranty, express or implied, or condition of any kind. Natural Machines makes no, and the Client hereby disclaims, all warranties or representations, express or implied, including, without limitation, warranties of availability, continuity, reliability, security, integrity, title, quality, performance, interoperability, regulatory compliance, satisfaction, non-infringement, legality, freedom from viruses or malicious code, merchantability and fitness for a particular purpose, and any warranty for any diminished performance or commercial use.
The Client acknowledges and accepts that he will use the Foodini and its Services at all times at his own risk and responsibility, for which Natural Machines is not responsible for the misuse, improper use or use contrary to these Terms and Conditions that he may make of the the Client or third parties.
The Client will be responsible for damages caused to Natural Machines as a result of misuse of Foodini, the Software, Foodini World and the Services, thus breaching these Terms and Conditions. The Client agrees to hold Natural Machines and its administrators, personnel, agents and representatives harmless from any liability that may be incurred as a result of said breach by the Client or a third party.
Natural Machines does not guarantee the availability and continuity of the operation of the Foodini, nor of the Services, nor its reliability, accuracy or correctness or its usefulness for a specific purpose or activity. To the extent permitted by applicable regulations, Natural Machines excludes any liability for damages of any nature that may be due to the foregoing.
Likewise, Natural Machines does not assume any guarantee for the accuracy, completeness and timeliness of the contents that are included and provided in Foodini World.
Natural Machines makes no warranty, either express or implied, in relation to them. In particular, Natural Machines does not guarantee that:
I. The use of Foodini, and the Services are safe, timely, uninterrupted or error-free or that they work in combination with other hardware, software, system or data;
II. That Foodini and the Services offered meet the requirements or expectations of the Client;
III. That the information provided is accurate and reliable;
IV. That Foodini, the Software or the Services will be free of viruses or other harmful components, the Clients expressly waiving any guarantee in this regard;
V. In relation to the suitability of the Foodini, the Software or the Services for a particular purpose, commercialization, or with the non-infringement of third party rights.
The inclusion of links in the Services does not imply any relationship, recommendation or supervision by Natural Machines with the destination page and, therefore, Natural Machines does not accept any responsibility for their content, except in the cases expressly provided for in the Law.
In no case will Natural Machines be liable for indirect, special, incidental, punitive or consequential damages, including, among others, and, without limitation, damages for the interruption of the operation of the Services, the Software or Foodini World, loss of data, damages for interruption of its activity, whether contractual or non-contractual, including negligence or fault, incurred or suffered by the Client or by any third party, whether they occur or are related to the access or use of the Software and Foodini World, as well as of the information contained or that could be provided by the Services, the Software or by Foodini World (except in cases of fraud).
Likewise, Natural Machines will not be responsible for the consequences produced by the use of any of the Recipes and other recommendations for use, to the extent that the instructions for use and safety have not been respected.
The use of Foodini, Software, Services and Foodini World are made at the sole and entire risk of the Client, and Natural Machines, its directors, employees, or agents, will not be responsible for any damage or loss of any nature, contractual or non-contractual, for strict liability or for any other cause, generated by the Client for the use of Foodini, Software, Services and Foodini World, for an amount greater than the amounts actually paid by the Client to Natural Machines; whether or not you have been advised of the possibility of such damages. The limitation of liability will apply to the maximum extent permitted by law.
The limitation of liability for damages caused to the Client by the use of Foodini, Software, Services and Foodini World will not apply when the Client is a consumer.
Foodini will make backup copies and store them in Foodini World, these copies will be made automatically. The backup may include Foodini settings, Foodini features, Recipes, images, videos, documents, among others. Natural Machines will use its best efforts to provide the Services and Foodini World to the Client, but Natural Machines does not guarantee that any content stored or accessed by the Client through the Foodini will not be subject to damage, corruption, loss or inadvertent removal. , in accordance with the Terms and Conditions, and Natural Machines will not have any responsibility in case of the occurrence of the mentioned damage, corruption, loss or withdrawal. It is the Client's responsibility to maintain alternative backup copies of their information and data.
These Terms and Conditions shall be governed and construed in accordance with the laws of the Kingdom of Spain, except that due to the condition of the Client and the mandatory applicable regulations, any other regulations are mandatory applicable.
The Client and Natural Machines agree to submit to the jurisdiction of the courts of Barcelona, unless due to the condition of the Client and the mandatory applicable regulations, any other jurisdiction is mandatory.
Last Update: May 2022
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FOODINI CAN BE PURCHASED ONLINE FOR THE FOLLOWING COUNTRIES
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Foodini - inclusive of one accessory box - ships for FREE to European Union countries, the United States, and Hong Kong. All other countries may incur a shipping charge that will be shown prior to completing your purchase. Free shipping does not apply to additional accessories purchased, which ships separately and incurs a shipping charge.