Legal
Terms of Use
The agreement that applies when you use MiRa Ventures websites, apps and services, including Keep the Sauce.
The short version
- You keep ownership of your recipes and photos. You give us a license to store and process them so the service works.
- You’re responsible for what you import. Recipes on other websites may be protected by copyright.
- Subscriptions auto-renew and free trials convert to paid unless you cancel at least 24 hours before they end. Apple or Google handles billing and refunds.
- The service is provided “as is.” Our liability is capped at the greater of what you paid in the last 12 months or $50.
- Most disputes go to individual arbitration, with no class actions or jury trials. You can opt out within 30 days, and small claims court is always available.
- Washington law applies. Claims must be brought within one year.
This summary is for convenience only. The full text below is what governs.
These Terms of Use (“Terms”) are a binding agreement between you and MiRa Ventures, Inc., a Washington State S-Corporation (“MiRa Ventures,” “we,” “us”), 1525 Cottontail Ln #818, Chelan, WA 98816 (mailing: PO Box 818, Chelan, WA 98816). They govern your use of our websites (including miraventures.app and keepthesauce.com), our mobile apps (including Keep the Sauce on the Apple App Store and, when available, Google Play), and related services (together, the “Services”). Our End User License Agreement and Privacy Policy are part of these Terms. InnoScale hosting and Cirrusis consulting customers are governed by their separate service agreements, which control where they conflict with these Terms.
By creating an account, purchasing, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services. These Terms contain a binding arbitration agreement and class-action waiver (see Dispute resolution).
Eligibility and accounts
You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement and consent of a parent or guardian, who agrees to these Terms on your behalf. You must give accurate information, keep your sign-in credentials secure, and promptly tell us of any unauthorized use. You are responsible for all activity under your account.
Households and sharing
Some features let you create or join a household and share recipes and other content. The household owner controls the household and can invite or remove members, and edit or delete content shared in it, including notes written by other members. If you create a share link, anyone with the link can view the shared content until you revoke it. Only share with people you trust. We are not responsible for what other members or link recipients do with content you share.
Your content and the license you give us
“Your content” means recipes, photos, notes, ratings, meal plans, lists and other material you create, import or upload. You keep all ownership rights you have in your content. You grant MiRa Ventures a worldwide, non-exclusive, royalty-free, sublicensable (only to our service providers acting for us) license to host, store, back up, reproduce, process, adapt (for example resizing photos, parsing ingredients or reformatting imported recipes), display and transmit your content solely to operate, secure, provide, support and improve the Services for you and the people you choose to share with. This license ends when your content is deleted from our systems, except for copies in backups kept for a limited time, and except for content you have shared with others that they have kept in their own household.
You represent that you have all rights needed to grant this license, and that your content and our use of it as allowed here will not violate any law or anyone’s rights.
Imported recipes and copyright
The Services let you save recipes from websites and other sources for your personal, non-commercial use. You are solely responsible for what you import and for complying with copyright law and the terms of the sites you import from. Photos, descriptions, stories and creative text on other sites are often protected by copyright, and we do not grant you any rights in third-party content. Do not use the Services to republish or distribute content you do not have the right to share.
Copyright complaints (DMCA)
We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content available through the Services infringes your copyright, send a notice to our designated agent:
Copyright Agent, MiRa Ventures, Inc., PO Box 818, Chelan, WA 98816. Email: michael@wallace.us (subject: “DMCA Notice”).
Your notice must include: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient for us to locate it (for example a share link URL); (4) your contact information; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. We may remove or disable access to the material and notify the user who posted it.
Counter-notice. If your content was removed and you believe it was a mistake or misidentification, you may send a counter-notice to the agent above that includes your signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; your name, address and phone number; and your consent to the jurisdiction of the federal district court for your address (or, if outside the U.S., any judicial district in which we may be found) and to accept service from the person who sent the original notice. We may restore the material in 10 to 14 business days unless the complainant tells us it has filed a court action.
Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers. Knowingly false notices or counter-notices may result in liability under 17 U.S.C. § 512(f).
Acceptable use
You agree not to, and not to help anyone else to:
- break any law, or infringe or misappropriate anyone’s intellectual property, privacy or other rights;
- upload unlawful, harassing, hateful, sexually explicit, violent or misleading content, or content that exploits minors;
- upload malware or anything that could harm the Services or other users;
- access or try to access another user’s account or data, or probe, scan or test our systems’ vulnerability without written permission;
- scrape, crawl or harvest data from the Services, or use bots or automated means except through features we provide;
- overload, disrupt or interfere with the Services, or get around rate limits, paywalls, security or access controls;
- reverse engineer, decompile or disassemble the Services, except to the extent the law expressly allows despite this restriction;
- resell, sublicense or commercially exploit the Services, or use them to build a competing product;
- use the Services to send spam or unsolicited messages, or impersonate any person or misrepresent your affiliation.
Purchases, subscriptions and free trials
- Billing by Apple or Google. The app and in-app subscriptions are sold through the Apple App Store or Google Play. Apple or Google processes your payment under its own terms, and we do not receive your payment card details.
- Auto-renewal. Subscriptions renew automatically at the end of each period at the then-current price, and your store account is charged, unless you cancel at least 24 hours before the end of the current period. You can manage or cancel subscriptions in your App Store or Google Play account settings. Deleting the app or your account does not cancel a subscription.
- Free trials and introductory offers. If you start a free trial or introductory offer, it converts automatically to a paid subscription at the regular price when it ends unless you cancel at least 24 hours before it ends. Any unused portion of a free trial is forfeited when you purchase a subscription, where the store allows.
- Price changes. We may change prices. Apple or Google will notify you of price changes as their rules require, and, where required, ask for your consent.
- Refunds. Refund requests are handled by Apple or Google under their policies. Except as required by law or by the store’s policy, payments are non-refundable and we do not provide refunds or credits for partial periods.
- Family Sharing. Where we enable Apple Family Sharing for a purchase, eligible family members may use it as Apple’s rules allow. Not every product is eligible.
- What a subscription includes. Features that require a subscription (for example syncing, household sharing, web access or cloud backup) are described in the app at the time of purchase and may change as described in “Changes to the Services.”
Changes to the Services
We are always working on the Services. We may add, change, limit, suspend or discontinue any feature, content or part of the Services (including features available with a subscription), temporarily or permanently, at any time. If we discontinue a paid subscription feature in a way that materially reduces what you paid for, we will try to give you reasonable notice. Your remedy is to cancel your subscription, and any refund is subject to the store’s policies and applicable law.
Suspension and termination
You may stop using the Services and delete your account at any time (see Account & Data Deletion). We may suspend, restrict or terminate your account or access to any part of the Services, with or without notice, if we reasonably believe you violated these Terms or the law, created risk or possible legal exposure for us or others, or if required by law, or if we stop offering the Services. Where reasonable we will tell you why. After termination, your right to use the Services ends and we may delete your content as described in our Privacy Policy.
Our intellectual property
The Services, including software, designs, text, graphics and the names and logos MiRa Ventures, Keep the Sauce, InnoScale and Cirrusis, are owned by MiRa Ventures, Inc. or its licensors and protected by intellectual property laws. Except for the limited license in our EULA, no rights are granted to you.
Feedback
If you send us feedback, ideas or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without obligation or compensation to you.
Third-party services and content
The Services may link to, import from or work with third-party websites and services (including Apple, Google and recipe websites). We do not control and are not responsible for them, and your use of them is governed by their terms.
Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MIRA VENTURES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DATA WILL NOT BE LOST, THAT IMPORTS FROM THIRD-PARTY WEBSITES WILL WORK OR BE ACCURATE, OR THAT DEFECTS WILL BE CORRECTED.
Recipes, ingredient lists, nutrition, allergen and dietary information, grocery lists and cooking instructions may be incomplete or wrong, especially when imported from other sites. You are responsible for checking ingredients for allergies and dietary needs and for safe food handling and cooking. The Services are not medical, nutritional or dietary advice. Keep your own copies of anything important to you.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) MIRA VENTURES AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA OR CONTENT, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (II) FIFTY U.S. DOLLARS (US$50).
These limitations apply even if a remedy fails of its essential purpose, and they are an essential part of the bargain between you and us. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you; in that case our liability is limited to the fullest extent permitted. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, gross negligence or willful misconduct, or for death or personal injury caused by negligence where such a limit is prohibited.
Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless MiRa Ventures and its owners, officers, employees, contractors and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your content, including recipes, photos and text you import or upload; (b) your use or misuse of the Services; (c) your violation of these Terms or any law; or (d) your violation of any third-party right, including copyright or privacy. We may assume the exclusive defense of any matter subject to indemnification, and you will cooperate with us.
Dispute resolution: binding individual arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND MIRA VENTURES TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
Informal resolution first
Before starting arbitration or a small-claims case, you agree to email us at michael@wallace.us with your name, contact information, a description of the dispute and the relief you want, and to try in good faith to resolve it with us for 60 days. We will do the same before bringing a claim against you. Any limitation period is paused during those 60 days.
Agreement to arbitrate
Except as stated below, any dispute, claim or controversy arising out of or relating to these Terms or the Services, including their formation, scope, enforceability or validity (“Dispute”), will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at adr.org). The Federal Arbitration Act governs the interpretation and enforcement of this section. A single arbitrator will decide the Dispute and may award the same individual relief a court could, but only to you individually. Unless you and we agree otherwise, the arbitration will take place by video conference or in Chelan County, Washington, or, if you prefer, in the county where you live. Payment of filing, administration and arbitrator fees will be governed by the AAA Consumer Arbitration Rules, which cap the consumer’s share of those fees.
Exceptions
Either party may (a) bring an individual claim in small-claims court if it qualifies and stays there; and (b) seek injunctive or other equitable relief in court to stop infringement or misuse of intellectual property or unauthorized access to the Services.
Class action and jury waiver
YOU AND MIRA VENTURES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND MIRA VENTURES EACH WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate more than one person’s claims. If this class waiver is found unenforceable as to a particular claim or request for relief, that claim or request (and only that one) will be severed and decided in court after the arbitration of all other claims, and the rest of this section will still apply.
30-day right to opt out
You may opt out of this arbitration agreement by emailing michael@wallace.us within 30 days after you first accept these Terms, with the subject “Arbitration Opt-Out” and your name and the email address on your account. Opting out does not affect any other part of these Terms. If you opt out, or if this arbitration section does not apply for any reason, Disputes will be resolved in the courts described under “Governing law and venue.”
Changes to this section
If we change this arbitration section, you may reject the change by emailing michael@wallace.us within 30 days of the change, and the version you previously agreed to will continue to apply to Disputes with you.
Changes to these Terms
We may update these Terms from time to time. If changes are material, we will give reasonable notice (for example in the app or by email) before they take effect. Changes will not apply to Disputes that arose before the change. By continuing to use the Services after changes take effect, you agree to the updated Terms. If you do not agree, stop using the Services and delete your account.
Governing law and venue
These Terms and any Dispute are governed by the laws of the State of Washington and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to the arbitration section, you and we consent to the exclusive jurisdiction of the state and federal courts located in or serving Chelan County, Washington. If you live outside the United States, this does not deprive you of the protection of mandatory consumer laws of the country where you live.
Time limit to bring claims
To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.
General terms
Entire agreement. These Terms, together with the EULA, Privacy Policy and any terms presented at purchase, are the entire agreement between you and us about the Services and supersede prior agreements on that subject.
Severability. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary, and the rest will remain in full force.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them, including in connection with a merger, acquisition, reorganization or sale of assets.
Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, wildfire, severe weather, power or internet outages, failures of third-party platforms (such as Apple or Google), labor disputes, epidemics, war, terrorism or government action.
Notices. We may give you notice in the app, by email or on our websites. You may give us legal notice at michael@wallace.us or by mail to 1525 Cottontail Ln #818, Chelan, WA 98816 (mailing: PO Box 818, Chelan, WA 98816).
Survival. Sections that by their nature should survive termination (including content licenses granted to us for backups, disclaimers, limitation of liability, indemnification, dispute resolution and these general terms) survive.
Contact
MiRa Ventures, Inc., a Washington State S-Corporation, 1525 Cottontail Ln #818, Chelan, WA 98816 (mailing: PO Box 818, Chelan, WA 98816). Email: michael@innoscale.net.