Terms of Use

1. In this Terms, in addition to any terms defined elsewhere herein (which definitions shall apply throughout these Terms regardless of whether they appear prior or subsequent to the reference in question), the following terms shall have the following meanings:

1. THE SITE IS INTENDED FOR PERSONAL, CONSUMER USE. You shall not use the Site or the Services for commercial resale or redistribution (including, without limitation, reselling meals, meal plans, discounts, credits, or other benefits obtained via the Site) without our prior written consent (each a “Prohibited Resale”). Without limiting the generality of the foregoing, you shall not use the Site to place orders on behalf of another person or organization for commercial gain or any manner of compensation whatsoever, whether directly or indirectly, in whole or in part.

2. Except with the prior written consent of Tati Eats, no element, attribute or component of the Site, the Site Contents or the Services may be reproduced, copied, reverse engineered, decompiled, scraped, used to make derivative products, services or works, licensed, leased or rented, distributed, published, disseminated, sold or otherwise commercialized, whether directly or indirectly, in whole or in part, in or on any medium, nor shall the user attempt (or permit any person to attempt on the user’s behalf or at the user’s direction) to obtain or recreate the source code from the object code of the Site. In the event you engage a Prohibited Resale, then in addition to and without limitation of any other damages or other legal or equitable rights and remedies which Tati Eats may be entitled to, all proceeds of such Prohibited Resale (together with all accretions thereto, income thereon and assets into which such proceeds may be traceable) shall be the sole and exclusive property of Tati Eats, and shall be forthwith remitted to Tati Eats.

3. The Site may only be used by users who are of or over the age of majority and have the legal power and capacity to enter into a binding contract in their jurisdiction. In most cases, this means you are representing and warranting that YOU ARE AT LEAST 18 YEARS OF AGE.

4. As a condition of your use of the Site and the Services, you agree that you shall not:

5. If we, in our absolute discretion, determine at any time that you have violated any of the above provisions of this Section 2 or any other of the Terms, we may immediately suspend or permanently discontinue your use of and access to the Site and Services, including by deleting your account and any and all of your Data.

1. Tati Eats will not be obligated to give access to your account to any other person or otherwise disclose or reset your login credentials. Notwithstanding, in the event you forget or lose your login credentials, Tati Eats will follow such protocols as it may have in place to reset such credentials or otherwise enable you to regain access to your account, PROVIDED THAT TATI EATS DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT SUCH PROTOCOLS AND PROCESSES WILL BE FREE FROM BEING CAPABLE OF BEING EXPLOITED, HACKED OR OTHERWISE COMPROMISED RESULTING IN AN UNAUTHORIZED THIRD PARTY GAINING ACCESS, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY THEREFOR, and in such event, such unauthorized access shall constitute a Site Compromise for the purposes of these Terms and be governed by the provisions hereof applicable thereto.

2. Although there may be circumstances in which you may need to share your account or access credentials with another person for legitimate purposes, you are strongly encouraged by Tati Eats not to do so, and Tati Eats hereby disclaims all responsibility or liability whatsoever in connection with any unauthorized access to or disclosure of your account or Data resulting from your doing so or otherwise failing to keep your login credentials confidential.

1. Tati Eats provides an online ordering and meal preparation, catering and delivery (or pickup) service. TATI EATS IS NOT A MEDICAL, NUTRITIONAL OR DIETETIC SERVICES PROVIDER, DOES NOT PROVIDE MEDICAL ADVICE, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR NUTRITIONAL ADVICE. Any menus, ingredient descriptions, nutrition information, calorie counts, dietary labels (e.g., “keto”, “gluten-free”, “dairy-free”) or other information made available via the Site are provided for general informational purposes only and may vary based on ingredients, preparation, substitutions, suppliers, portioning and other factors. You should consult a qualified health professional regarding any health questions, medical conditions, dietary needs, allergies, intolerances, or medication interactions.

2. Without limiting the generality of the preceding paragraph, you acknowledge and agree that YOU USE THE SITE AT YOUR OWN RISK in that:

3. To the extent Tati Eats or any of its employees, third party contractors or vendors or other representatives (collectively, “Our Representatives”) communicate with you regarding the Site or the Services, including the provision of customer support or the answering of any questions or inquiries you may submit, whether via the Contact Us form tatimeals.com/contact, email, telephone, web chat, or private or public messaging via any social media or other online platform (collectively, “Tati Eats Communications”), or otherwise, any guidance, instructions, directions, recommendations or advice provided relates strictly to use of the Site, the Services, and customer support.

4. TATI EATS DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE. You are encouraged to seek the advice of a qualified and competent professional for any dietary, nutritional, allergy, intolerance or food-related medical advice or recommendations you may need.

5. While we use commercially reasonable efforts to ensure the Site will operate and the Services will be provided free from errors, bugs, interruptions and other technical or logistical issues, we do not in any way guarantee, represent or warrant that the Site and the Services will at all times operate or be available on such basis.

6. You acknowledge and agree that your Data, including personal information, will be collected, used and otherwise dealt with in accordance with the Privacy Policy, and represent and warrant that you have read and understood the Privacy Policy.

7. While we use commercially reasonable efforts to ensure the security of the Site and the protection of your privacy and Data, we do not in any way guarantee, represent or warrant that the Site or your Data will not become the subject to a security breach or otherwise be improperly accessed or compromised by third parties without our consent or acquiescence, or become lost or corrupted (as applicable, any of the foregoing is referred to as a “Site Compromise”). Tati Eats intends to maintain all industry appropriate security and data protection measures at all times during the operation of the Site and the storage of any user Data to avoid or minimize Site Compromises, and will promptly notify you in accordance with applicable privacy laws in the event of any Site Compromise which affects you upon Tati Eats becoming aware thereof, but Tati Eats’ sole responsibility and liability to you and anyone claiming under you in the event of a Site Compromise will be to so notify you and to otherwise rectify the underlying security issue, bug, error or flaw that gave rise to the Site Compromise, such that Tati Eats shall have no liability for damages whatsoever in connection to any Site Compromise, whether general, special, exemplary, punitive, indirect or consequential (including, without limitation, lost opportunity, revenues, profits, salaries, reputation or standing), regardless of whether such liability arises out of breach of contract, statute, guarantee or warranty, tort, product liability, indemnity, contribution, strict liability or any other legal theory.

1. The Site, all Site Contents and all trade names, brand names, business names, business styles, trade names, distinguishing guises, marks and logos appearing in any corresponding social media or other online platforms which Tati Eats may use to market, distribute, communicate or provide support for the Site and Services, and all copyrights, patents and other intellectual property rights therein, are the sole and exclusive property of Tati Eats, inclusive of all source code, object code, databases and other programming and code therein, the design thereof and all other intellectual property rights associated therewith (collectively, the “Tati Eats IP”).

2. The use of the Site, creation of an account, input of Data and other interaction by the user with the Site and Services shall not confer upon the user any intellectual property rights or other right, title and interest in the Tati Eats IP whatsoever, other than the revocable limited non-transferable non-sublicensable license to use the Site and the Services in accordance with these Terms and the Additional Terms and as its use is reasonably intended by Tati Eats, and the use of any of the Tati Eats IP for any other purpose without Tati Eats’ prior written consent is strictly prohibited, including, but not limited to, in connection with any Prohibited Resale. The foregoing license is granted at the discretion of Tati Eats and may be terminated at any time for any reason or no reason, upon which the user shall immediately cease all use of and access to the Site.

3. Without limiting the generality of the foregoing provisions, in the event you provide us with any feedback, suggestions, ideas or other information via Tati Eats Communications, you do so on a strictly gratuitous and unsolicited basis, and you will have no right, title or interest, whether intellectual property rights or otherwise, in or to any resulting modifications, enhancements, upgrades, improvements or additions to the Site or the Services as a result thereof, and shall be entitled to no compensation or consideration whatsoever therefor.

1. The rates charged by Tati Eats for the Services (including, if applicable, any subscription plans) are established by Tati Eats from time to time at its discretion, and may be changed from time to time at its discretion without prior notice. The rates displayed on the Site at the time of ‘checkout’ or payment processing are the then applicable rates and will apply to the user notwithstanding any previous rates that may have been displayed, including immediately prior to such time.

2. All payments for the Services will be made via our third party merchant services providers which we engage from time to time, and will be subject to such Additional Terms as may be imposed by them.

3. All transactions, sales and payments with Tati Eats are final, and are not subject to cancellation or refunds except as Tati Eats may otherwise determine in its sole discretion on a case-by-case basis, or as otherwise required by applicable law. Without limiting the foregoing, cancellation of your account or, if applicable, your subscription plan, will not entitle you to a refund of any kind.

1. The Site may contain hyperlinks or other forms of connection or reference to websites, applications, platforms or services operated by third parties (“Third Party Platforms & Services”). The Site utilizes Third Party Platforms & Services for your convenience and to enhance the Services, but Tati Eats has no control over or responsibility for the Third Party Platforms & Services, provides no representation or warranty whatsoever regarding their quality, fitness, accessibility, operation, security or integrity, and shall not be responsible or liable for any losses or damages in connection with your use of any Third Party Platforms & Services. YOU USE ALL THIRD PARTY PLATFORMS & SERVICES AT YOUR OWN RISK.

2. Tati Eats does not necessarily endorse, recommend or share the views of any contents, products, services or statements appearing on any Third Party Platforms & Services.

3. Your use of all Third Party Platforms & Services is subject to such Additional Terms as may be imposed by the provider thereof.

1. THE SITE AND THE SERVICES ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS, WHERE IS” AND “AS AVAILABLE BASIS. TATI EATS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE SERVICES OR THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGMENT, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU USE THE SITE, THE SERVICES AND THE PRODUCTS AT YOUR OWN RISK.

2. IN NO EVENT SHALL TATI EATS, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE RESPONSIBLE OR LIABLE, IN CONNECTION WITH THE SITE, THE SERVICES OR THE PRODUCTS, FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST OPPORTUNITY, REVENUES, PROFITS, SALARIES, REPUTATION OR STANDING), REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF BREACH OF CONTRACT, STATUTE, GUARANTEE OR WARRANTY, TORT, PRODUCT LIABILITY, INDEMNITY, CONTRIBUTION, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, OR FOR ANY MATTER BEYOND ITS REASONABLE CONTROL INCLUDING WITHOUT LIMITATION ANY BREACH BY THE USER OF THESE TERMS OR ANY ADDITIONAL TERMS.

3. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, TATI EATS IS FOUND TO BE LIABLE IN DAMAGES TO THE USER OR ANY SUCCESSOR, ASSIGN, HEIR, AGENT, REPRESENTATIVE OR ANY OTHER PERSON CLAIMING UNDER THE USER, THE AGGREGATE TOTAL LIABILITY OF TATI EATS TO ALL SUCH PERSONS SHALL BE LIMITED TO THE TOTAL OF THE COMPENSATION ACTUALLY PAID BY THE USER TO TATI EATS FOR THE SERVICES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF BREACH OF CONTRACT, STATUTE, GUARANTEE OR WARRANTY, TORT, PRODUCT LIABILITY, INDEMNITY, CONTRIBUTION, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.

4. YOU HEREBY AGREE TO INDEMNIFY AND SAVE HARMLESS TATI EATS, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, FOR, FROM AND AGAINST ANY AND ALL MANNER OR FORM OF CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE, LOSS, COSTS, LIABILITY OR EXPENSE, AND ANY AND ACTIONS, APPLICATIONS, COMPLAINTS, GRIEVANCES, SUITS, CHARGES, INVESTIGATIONS AND OTHER MANNER OF PROCEEDINGS WHICH MAY BE MADE, BROUGHT, PROSECUTED OR ENFORCED IN RESPECT THEREOF, WHETHER JUDICIAL, CRIMINAL, CIVIL, PRIVATE, REGULATORY OR ADMINISTRATIVE, INCLUDING ALL LEGAL COSTS INCURRED IN DEFENDING OR RESPONDING TO THE SAME, IN CONNECTION WITH (A) YOUR USE OF THE SITE, SERVICES AND PRODUCTS, INCLUDING ANY ACT, OMIISSION, NEGLIGENCE, WILFUL MISCONDUCT OR CRIMINAL ACT BY YOU IN DOING SO, (B) YOUR BREACH OR VIOLATION OF THESE TERMS OR ANY OF THE ADDITIONAL TERMS, (C) YOUR BREACH OR VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (D) YOUR BREACH OF ANY APPLICABLE LAW, REGULATION OR DIRECTIVE OR ORDER OF ANY GOVERNMENTAL BODY, ADMINISTRATIVE BODY OR JUDICIAL BODY OF COMPETENT JURISDICTION, AND (E) ANY OF THE FOREGOING CAUSED BY OR RESULTING FROM (I) YOUR DATA WHICH YOU HAVE UPLOADED OR TRANSMITTED TO THE SITE OR PROVIDED VIA TATI EATS COMMUNICATIONS, OR (II) ANY OTHER PERSON TO WHOM YOU HAVE GIVEN ACCESS TO YOUR ACCOUNT (INCLUDING THE LOGIN CREDENTIALS THEREFOR), WHETHER INTENTIONALLY OR INADVERTENTLY.

1. Tati Eats reserves the right to make modifications, enhancements, upgrades, improvements or additions to the Site, the Services or the Produced Documents from time to time at its discretion, including the removal or cessation of any component or feature thereof, whether on a temporary or permanent basis. No such change will give the user any right to a refund or other compensation in connection with any amount previously paid.

2. These Terms may be amended from time to time by Tati Eats by posting such amendment on the Site in replacement of any previous version of these Terms. The ‘version number’ or ‘last modified date’ shown on the Site shall be determinative as to the version of these Terms which apply at any given time. Any such amendment or change will be effective upon such posting, without the need for Tati Eats to notify you thereof or otherwise post or communicate that there has been such a change. By continuing your use of the Site or not cancelling your account (or, if applicable, your subscription plan) upon or after any such change, you agree that you will be bound by the then current version of these Terms applicable from time to time in accordance with the foregoing.

3. These Terms may be assigned by Tati Eats to any successor or assignee who may acquire, merge with or amalgamate with Tati Eats or who may acquire the Site or any the intellectual property therein, or to whom Tati Eats may license the Site or any of the intellectual property therein, in whole or in part, without notice to or the consent of the user or other restriction.

4. You may not assign, sublicense or transfer any of your rights and obligations under these Terms except pursuant to any transfer by operation of law by reason of your death or incapacity.

1. Tati Eats is operated from headquarters in Miami, Florida. You acknowledge and agree that the Services are deemed to be provided and delivered solely in such jurisdiction.

2. Notwithstanding, these Terms, including the interpretation and application thereof, shall be governed by the laws of the State of Florida, and the federal laws of United States applicable therein, excepting the choice of law rules.

3. In the event any dispute, suit or proceeding arises in connection with the interpretation and application of these Terms, or otherwise in connection with the Site, the Services or the Produced Documents, you agree that the courts of the Miami-Dade, Florida shall have exclusive jurisdiction over such dispute, suit or proceeding, and agree to attorn to the jurisdiction of such courts.

4. YOU HEREBY IRREVOCABLY WAIVE TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IN CONNECTION WITH ANY DISPUTE, SUIT OR PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION AND APPLICATION OF THESE TERMS, OR OTHERWISE IN CONNECTION WITH THE SITE, THE SERVICES OR THE PRODUCTS.

1. These Terms do not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Tati Eats.

2. Each provision contained in these Terms is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof, and any such court is empowered to reconstrue and ‘bluepen’ these Terms to the minimal extent necessary so as to render them enforceable in the applicable jurisdiction, provided any such change shall apply only in such specific circumstance and in such jurisdiction.

3. All notices and communications from us to you may be either (a) if specific to you, sent to your email address that was used to create your account, or (b) if general in nature, displayed on the Site or posted on our social media or other online platforms. All notices and communications from you to us shall be delivered via email to info@tatieats.com or privacy@tatieats.com. IT IS YOUR RESPONSIBILITY TO KEEP YOUR ACCOUNT AND CONTACT INFORMATION CURRENT SO WE MAY COMMUNICATE WITH YOU FOR SUCH PURPOSES.

4. The division of these Terms into Sections, subsections and further divisions, and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms. The terms “these Terms”, “hereof”, “hereunder” and similar expressions refer to these Terms and not to any particular Sections, subsection or other portion hereof, and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references herein to Sections, subsections, paragraphs, subparagraphs and further subdivisions are references to such subdivisions of these Terms. Unless something in the subject matter or context is inconsistent therewith, references to a “party” or “parties” are references to the parties to these Terms, and where a reference to the parties implies there are only two parties, Tati Eats shall be construed in the context as a single party.

5. These Terms, together with the Additional Terms, constitutes the entire agreement between Tati Eats and the user with respect to the subject matter thereof and supersedes all understandings and discussions communicated as between such parties, whether written or oral, whether via Tati Eats Communications or otherwise.

6. These Terms shall be binding upon and enure to the benefit of Tati Eats and the user, their respective heirs, executors, administrators and other legal representatives and, to the extent permitted hereunder, their respective successors and assigns.

7. Except as expressly provided in these Terms, no amendment or waiver of these Terms or any portion thereof shall be binding unless in writing. No waiver of any provision of these Terms shall constitute a waiver of any other provision, nor shall any waiver of any provision of these Terms constitute a continuing waiver unless otherwise expressly provided.