The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Saba, Inc., and its affiliates (“Saba”). This EULA governs your use of Software and Services (as specified below) related to the YumYummi application and related Services and Software.
For purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by Saba or its affiliates including, but not limited to mobile applications, downloadable/installable applications for personal computer, and applications accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by Saba, including but not limited to services accessed through mobile applications, by means of a browser, or by other online communication method.
Software and Services are collectively referred to as “Saba Services”.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE SABA SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SABA SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do not accept the terms of this EULA, do not install, use or access YumYummi.
SPECIAL DISCLOSURE ABOUT SCHOOL MENUS
Saba provides no warranty regarding any information found in yumyummi. All information regarding school meals is provided by the schools and/or school districts. This includes, but is not limited to, menu items, ingredients, nutritional data, and allergy information. Saba has no direct or specific knowledge about any of this information. All of this information is subject to change at any time without notice to you or to saba. To inquire about or confirm any of this information, please contact your school or school district directly; do not contact saba. Saba merely provides a channel whereby schools and school districts may convey this information to you.
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Saba hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, Saba hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Saba, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Saba's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES. Saba retains all right, title, and interest in and to the Saba Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Saba Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Saba Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Saba. All rights not expressly granted to you herein are reserved by Saba.
2. THIRD PARTY SERVICES
Saba Services may include links to third party services and/or the third party services may be made available to you via Saba Services. These services may include, but are not limited to recording and sharing, social medial connectivity, and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. Saba assumes no liability for any use of any of these third party services. By accepting this EULA and installing or otherwise using the Software and/or Services, you hereby accept all liability related to such third party services.
3. GENERAL LICENSE CONDITIONS
You agree not to: (i) commercially exploit the Saba Services; (ii) distribute, lease, license, sell, rent, lend, convey, or otherwise transfer or assign the Saba Services, any copies thereof, or any passwords or usernames of Saba Services, without the express prior written consent of Saba or as set forth in this EULA; (iii) make a copy of the Saba Services or any part thereof, including, but not limited to, Software (other than as set forth herein); (iv) make the Saba Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Saba Services or this EULA, use or install the Saba Services (or permit others to do same) on a network, for on-line use, or on more than one unit at the same time; (vi) reverse engineer, decompile, disassemble, translate, prepare derivative works based on, or otherwise modify the Saba Services, in whole or in part; (vii) remove, obscure, or modify any copyright, trademark, or other proprietary rights notices, marks, or labels contained on or within the Saba Services, falsify or delete any author attributions, legal notices, or other labels of the origin or source of the material; (viii) misrepresent the source of ownership of the Saba Services; (ix) transport, export, or re-export (directly or indirectly) into any country forbidden to receive such Saba Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (x) scrape, build databases, or otherwise create permanent copies of content found in the Saba Services.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA. The Software is intended for private use only.
The Saba Services may include measures to control access to the Saba Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Saba Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Saba Services will not function properly.
The Saba Services may allow you to create content within the Saba Services. In exchange for use of the Saba Services, and to the extent that your contributions through use of the Saba Services give rise to any copyright, design right, or any other intellectual or industrial property right, you hereby grant Saba an exclusive, royalty-free, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Saba's and other players' use and enjoyment of such assets in connection with the Saba Services and related goods and services under applicable law. This license grant to Saba, and the above waiver of any applicable moral rights, survives any termination of this EULA.
The Saba Services may require an internet connection to access the Saba Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Saba Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Saba Services. By using the Saba Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Saba Services or certain features of the Saba Services may not operate or may cease to function properly, either in whole or in part.
By installing, accessing or using the Saba Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the United States of America.
5.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SABA SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. SABA, SABA’S LICENSORS, AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SABA, SABA’S LICENSORS, AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SABA SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SABA SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SABA SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SABA SERVICES OR THAT ANY ERRORS IN THE SABA SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY SABA, SABA’S LICENSORS, AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5.2 SABA PROVIDES NO WARRANTY REGARDING ANY INFORMATION FOUND IN THE SERVICES OR THE SOFTWARE. ALL INFORMATION REGARDING SCHOOL MEALS IS PROVIDED BY THE SCHOOLS AND/OR SCHOOL DISTRICTS. THIS INCLUDES, BUT IS NOT LIMITED TO, MENU ITEMS, INGREDIENTS, NUTRITIONAL INFORMATION, AND ALLERGY INFORMATION. SABA HAS NO DIRECT OR SPECIFIC KNOWLEDGE ABOUT ANY OF THIS INFORMATION. ALL OF THIS INFORMATION IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU OR TO SABA. TO INQUIRE ABOUT OR CONFIRM ANY OF THIS INFORMATION, PLEASE CONTACT YOUR SCHOOL OR SCHOOL DISTRICT DIRECTLY; DO NOT CONTACT SABA. SABA MERELY PROVIDES A CHANNEL WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY CONVEY THIS INFORMATION TO YOU.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL SABA, SABA’S AFFILIATES, SABA’S LICENSORS, OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SABA SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS, OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE AND WHETHER OR NOT SABA, SABA’S LICENSORS, OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 6, SABA’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL SABA’S, SABA’S AFFILIATES’, SABA’S LICENSORS’, OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SABA SERVICES.
7. OTHER TERMS AND CONDITIONS
TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Saba Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, Saba will be irreparably damaged, and therefore you agree that Saba shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
AFFILIATE: For purposes of this EULA, an “affiliate” of Saba means any legal entity that is directly or indirectly controlled by Saba for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.
INDEMNITY: You agree to indemnify, defend, and hold Saba, its partners, affiliates, contractors, officers, directors, employees, and agents harmless from and against any and all damages, losses, and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Saba Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Saba reserves the right, at its discretion, to change, modify, add, or remove portions of this EULA by posting the updated EULA on Saba’s website. You will be deemed to have accepted such changes by continuing to use the Saba Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of the State of California without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.
Any controversy, claim, or dispute arising out of or relating to this agreement will be settled in the following order of preference: (a) by good faith negotiation between representatives of the parties who have authority to fully and finally resolve the dispute; (b) if necessary, by non-binding mediation at a location acceptable to the parties in San Diego County, California, using a neutral mediator. In any mediation, the parties will equally share the cost of the mediator and otherwise bear their own respective costs; or (c) as a last resort only, by binding arbitration in San Diego County, California. Such arbitration will be conducted in accordance with the then-prevailing commercial arbitration rules of the American Arbitration Association, with the following exceptions if in conflict: (a) one arbitrator will be chosen by the American Arbitration Association; (b) each party to the arbitration will pay one half of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the Arbitrator’s rules and regulations) of the proceeding has been given to such party. The parties will abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator will be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes will be settled in this manner in lieu of any action at law or equity, provided however, that nothing in this subsection will be construed as precluding bringing an action for injunctive relief or other equitable relief. The arbitrator will not have the right to award punitive damages or speculative damages to either party and will not have the power to amend this agreement. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO. Each party will bear its own costs and attorney’s fees arising out of any dispute. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SABA ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT [email protected].
Applicable from: The date you download and agree to the EULA and terms and conditions.
For information about our privacy practices related to data from children, please see “Special Note About Children’s Privacy” below.
1. How We Collect Your Data
Likely situations when you make personal data available to Saba include, but are not limited to: (i) by using Saba’s mobile apps or visiting our websites, (ii) registration for Services, contests, and special events; (iii) accessing Services using a third party ID, such as social networking sites; (iv) using “tell a friend,” "email this page," or other similar features; (v) requesting technical support; and (vi) otherwise through use of Saba Services where personal data is required for use and/or participation.
The data we process on you may include, but is not limited to: email address, device ID, IP-address, user names, and passwords.
Saba may supplement your data with data received from third parties in connection with demographic, advertisement, market, and other analytics surveys or services.
2. Ad Serving Technology
Saba reserves the right to display relevant ads through yumyummi.com.
3. Location Data
Saba does not use geo location to track the user location.
Saba uses your information to perform its own analytics and to enable analytics provided by third parties. We use analytical information for supporting business analysis and operations, business intelligence, product development, improving products and services, personalizing content, providing advertising, and making recommendations. Saba may also use third-parties in order to develop and analyze use of the Services. Saba may utilize services such as Google Analytics or similar services.
If you choose to use Saba’s "tell a friend" or a similar service about Saba Services, Saba may store your friend's name and contact details that you provide to Saba.
Please note that certain features of the Services may be able to connect to your social networking sites to obtain additional information about you. In such cases, Saba may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to Saba. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends,” and other information you have included in your social networking site profile. Saba may associate and/or combine as well as use information collected by Saba and/or obtained through such social networking sites.
6. Disclosure and Transfer of Personal Data
We do not collect any personal data other than the voluntary information you provide by participating in the feedback process about a food item or the App. In such cases, Saba, and its affiliates and the school districts may use your feedback to serve you better in the future.
7. Data Retention and Correctness
Please note that some data may be further retained if necessary to resolve disputes, enforce Saba user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.
8. Cookies, beacons, and tracking
The Services may use “cookies” and other technologies such as pixel tags, local shared objects, hardware-based device identifiers, Operating System-based identifiers, clear GIFs, and web beacons. Saba treats information collected by cookies and similar technologies as non-personal data.
Cookies: A “cookie” is a small file stored by your browser when told to do so by a website. Typically websites place a number of different cookies on an end-user’s machine. Some of the cookies are “1st Party,” from the website itself, and others are “3rd party,” belonging to advertising and analytics entities or social networks. Saba’s cookies do not include personal data and are typically used to quickly identify your device and to “remember” your browser during subsequent visits for purposes of functionality, preferences, and website performance. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.
Flash cookies & HTML5: Saba may also use Flash cookies (local shared objects) and HTML5 local storage. Flash cookies are small files similar to browser cookies, but which are not stored in the browser and can also be used to remember your settings, to personalize the look and feel of the Services, or for advertising and analytics. You may prevent Flash cookies from being stored by following the instructions provided by Adobe at http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image (often not visible to the end-user) that allows Saba to count users who have visited certain pages or viewed certain advertisements. Additionally, e-mails and other electronic communications Saba sends to you may contain pixel tags that enable Saba to track your usage of the communication, including whether the communication was opened and/or what links were followed, if any.
9. Third Party Terms and Conditions
Please note that your access to and use of the Services may be subject to certain third party terms and conditions and Saba is not liable for any such third parties’ use of your personal data.
Certain Services that Saba may offer, such as social networking, may use third party services to provide authentication for the Services with a social networking ID. In connection with such use, certain personally identifiable user and/or membership data may be transferred automatically to and from Saba.
Saba follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information in Saba’s possession.
You may choose to disclose data about yourself in the course of contributing user-generated content to the Services.
Any data that you disclose in any of these forums, blogs, chats or the like will become public information, and there is no expectation of privacy or confidentiality with respect to that data.
12. Special Note about Children’s Privacy
If you have additional questions about Saba’s Privacy Practices related to children under the age of 13, please contact us at [email protected], or alternatively at Saba, Inc. 3954 Murphy Canyon Road, Suite D201, San Diego, California 92123.
13. California Privacy
Saba, Inc. 3954 Murphy Canyon Road, Suite D201 San Diego, California 92123
13. Further information