Effective Date: feb 2025

End user Terms and Conditions for My Shopping Help

Term and conditions of the My Shopping Help (“MSH”) service as a user or visitor.  (For Publishers additional publisher specific Terms and conditions apply)

Welcome to My Shopping Help – where we help you seamlessly connect your favorite recipes, shopping lists, and personalized week menus across all your devices, partner sites, and apps. By accessing or using our website, mobile apps, or any other services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”).

My Shopping Help is an engagement tool (“MSH”) that can be used by either Website owners (“Site Owner(s)”) or End users.

If You are also a Site Owner and wish to use MSH in Your Site Owner capacity, then in addition to this Agreement, You must separately accept additional terms applicable to the use of MSH by a Site Owner.

MSH is an engagement tool (“MSH”) that can be used by either Website owners (“Site Owner(s)”) or End users.

If You are also a Site Owner and wish to use MSH in Your Site Owner capacity, then in addition to this Agreement, You must separately accept additional terms applicable to the use of MSH by a Site Owner.

1. Acceptance of Terms

By using the Service, you agree that you have read, understood, and accepted these Terms. If you do not agree with these Terms, please do not use our Service.

2. Description of the Service

My Shopping Help is designed to enhance your cooking experience by:

• Allowing you to save recipes, shopping lists, and personalized week menus.

• Synchronizing your saved content across multiple devices and partner apps/sites when you are logged into a free account.

• Offering a seamless integration experience that connects you to recipes from our partner blogs and services.

• Offering additional features now and in the future to further enhance the service

Note: If you choose not to create an account, your collections will be saved locally on your device (both in the app and on the web) and will not sync across devices.

3. User Accounts and Data Storage

• Account Registration: To enjoy the full benefits of a synchronized experience across all supported platforms, you must create a free account.

• Local vs. Synced Data: If you do not register, your collections are stored locally and are only accessible on the device you used.

• Account Responsibility: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Please notify us immediately of any unauthorized use.

• Account deletion: if you no longer wish to use the service you can delete your account in the profile section.

• User account data: will be stored on our cloud environment hosted in the European Union.

• If You choose to create a Reader Account: You agree to provide and maintain true, accurate, current, and complete information about yourself. Registration data and certain other information about You are governed by the Privacy Policy, and by agreeing to this Agreement you hereby consent to the use of such data and information by My Shopping Help as set forth in this Agreement and the Privacy Policy.

• By agreeing to this Agreement: You represent and warrant that (a) You are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement; (b) You have not previously been suspended or removed from My Shopping Help or any other Nakko product offerings; and (c) Your registration and Your use of MSH and a Reader Account is in compliance with any and all applicable laws and regulations.
  

4. Affiliate Fee Disclosure

In certain instances, when you place an order with external shopping services (such as Instacart, Amazon, Walmart, etc.) through links provided within our Service, My Shopping Help and or the content owner may receive an affiliate fee. By using our Service and placing orders through these links, you acknowledge and agree to this affiliate relationship.

5. External Services and Third-Party Content

• Partner Content: Our Service integrates with recipes and other content provided by external blogs and partner sites. The accuracy and completeness of such content is the responsibility of the original content provider. Whilst the MSH service aims to display the data from external sources to the best of our ability, we cannot guarantee that it will in all cases be possible to get and display (all) the data.

• Third party content: The My Shopping Help service is not by any means intended to harvest recipes from original sources for. Any consolidating of all such materials in a single online location are done with the purpose of ease of access.

• Technical Issues: While we strive to offer a seamless experience, technical issues may sometimes result in service unavailability or unexpected results.

• External Shopping Providers: Our Service may direct you to third-party shopping sites or services. We are not responsible for any issues, inaccuracies, or errors associated with these external providers.

6. Disclaimers and Limitation of Liability

• Content Accuracy: My Shopping Help does not guarantee the accuracy or reliability of the recipes and related content provided by external blogs or partners. Any claims regarding the accuracy of this content are the sole responsibility of the original provider.

• Service Availability: We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

• Limitation of Liability: Under no circumstances shall My Shopping Help, its owners, affiliates, or employees be liable for any indirect, incidental, consequential, or punitive damages arising out of, or relating to, your use of the Service, including issues related to technical failures or external shopping providers.

To the extent allowable by law, MSH and all technology, software, functions, content, saved content, images, materials, APIs, and other data or information provided by Nakko in connection therewith (collectively, the “offerings”) are provided “as is.” Nakko does not make any representations, warranties, or conditions, whether express, implied, statutory, or out of a course of dealing or usage of trade concerning the subject of this agreement.

Without limiting the generality of the foregoing, Nakko expressly disclaims (i) any implied warranties or conditions of merchantability, merchantable quality, fitness for any particular purpose or use, and (ii) any warranty of non-infringement (including non-infringement of third party rights), quality, correctness, accuracy, completeness, reliability, productiveness, or capacity.

Nakko, its vendors, publishers, and partners do not warrant that the offerings will be correct, uninterrupted, or error-free, that defects will be corrected, or that the offerings are free of viruses or other harmful components. Nakko does not warrant that any data stored within the offerings will be secure or not otherwise lost or damaged.

No advice or information obtained by you from Nakko or through MSH shall create any warranty not expressly stated in this agreement. You agree that any efforts by Nakko to modify MSH or any monitoring done by Nakko under this agreement and any actions taken by Nakko as a result of that monitoring shall not be deemed a waiver of this disclaimer of warranty.

The foregoing disclaimer of warranty is a fundamental part of the basis of Nakko’s bargain hereunder, and Nakko would not enter into this agreement absent such disclaimer.

7. Intellectual Property

• Our Content: All content, design, graphics, text, and other materials on the Service are the property of My Shopping Help or its licensors and are protected by applicable copyright and intellectual property laws.

• Partner Content: Recipes and other content provided by external blogs or partner sites remain the property of their respective owners. Use of such content is governed by the terms set forth by the original content providers.

8. Modifications and Termination

• Changes to the Terms: We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the Service after any modifications constitutes your acceptance of the new Terms.

• Termination: We may suspend or terminate your access to the Service, with or without notice, for any reason, including but not limited to a violation of these Terms.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with Dutch law. Any disputes arising out of or in connection with these Terms will be resolved exclusively in the courts of the Netherlands.

10. Additional Policies

Certain aspects of your use of the Service are further governed by our Privacy Policy and other policies, which are incorporated by reference into these Terms. Please review these policies to understand how we collect, use, and safeguard your information.

11. Contact Information

If you have any questions or concerns about these Terms, please contact us.

My Shopping Help – Site Owner Terms and Conditions Amendment

Effective Date: February 2025

This Amendment to the My Shopping Help End User Terms and Conditions (“Amendment”) adds to, expands upon, or otherwise modifies certain terms and conditions of the My Shopping Help End User Terms and Conditions (“Agreement”) that You previously agreed to. This Amendment is a binding agreement and, together with the Agreement, governs the terms of the relationship between you and, if applicable, the company or legal entity that you represent (“You” or “Your”) and Nakko BV. (“Nakko”) regarding Your additional use of “My Shopping Help” as a Site Owner.

In the event of a conflict between this Amendment and the Agreement, with regards to Your use of “MSH” as a Site Owner, this Amendment shall control.

By utilizing MSH as a Site Owner, including by registering for a Site Owner Account (as defined here) or clicking the “Sign Up” or “Register” or similar button accepting these terms, You represent and acknowledge that You have read, understand, and agree to be legally bound by all of the terms, conditions, warranties, duties, and obligations set forth in this Amendment, including the ones listed in the Policies paragraph, and that You are authorized to do so, and reaffirm that you have read, understand, and agree to continue to be legally bound by all terms, conditions, warranties, duties, and obligations set forth in the Agreement and that You are authorized to do so.

If You are entering into this Amendment on behalf of a company or legal entity, You represent and warrant that You are authorized to bind that company or legal entity to this Amendment. If You do not have such authority or do not wish to be bound to this Amendment, You must not sign up, register, utilize MSH, or otherwise click to accept.

ELIGIBILITY

In order for You to utilize MSH as a Site Owner, You must create a MSH account specific to being a Site Owner (the “Site Owner Account”) and agree to the terms of this Amendment.

Your use of MSH as a Site Owner is also subject to Nakko’s most recent, applicable version of the Data Processing Agreement, available at https://www.Nakko.com/ad-mgmt-dpa/ (“DPA”), which is hereby incorporated by reference.

If You choose to create a Site Owner Account, You agree to provide and maintain true, accurate, current, and complete information about yourself.

REPRESENTATIONS, WARRANTIES, LIABILITY, AND DISCLAIMERS

You understand and agree that You alone are responsible for all of Your Site Owner Content and Website(s) and that Nakko expressly disclaims any liability in connection with it.

You represent and warrant that:

1. You are the owner of, or otherwise have the necessary rights and authorization to use, the Site Owner Content, Website(s), and Your Marks (as defined herein) in connection with MSH and grant any rights granted herein;

2. You will not infringe, violate, or misappropriate any third-party right in connection with the Site Owner Content, Website(s), or Your Marks;

3. You will not cause Nakko to violate any law or regulation;

4. You will comply with all relevant privacy laws and regulations;

5. You will immediately comply with all user requests to opt-out, be deleted from, or unsubscribe from Your mailing list(s).

Nakko disclaims all liability for Your failure to comply with user requests to opt-out of a mailing list.

You agree that Your indemnification obligations under the Agreement apply to the obligations, representations and warranties as set forth herein, and assertions by a third party against the Indemnitees relating to, arising out of, or in connection with Your failure to comply with requests for opt-out, deletion, or to unsubscribe from a mailing list.

LICENSE AND INTELLECTUAL PROPERTY RIGHTS

Your Marks

You grant Nakko the royalty-free, non-exclusive right to use the trademarks and trade names owned, operated, and/or controlled by You (collectively, “Your Marks”) and to copy, modify, retain, distribute, disclose, display, and otherwise use Your Site Owner Content and access Your Website(s) in connection with MSH and to otherwise fulfill Nakko’s obligations under the Agreement and this Amendment.

You grant Nakko, where applicable, the royalty-free, non-exclusive right to reference You and use Your Marks as part of Nakko’s marketing materials, including but not limited to displaying Your Marks on any Nakko website.

In the event You wish to opt out of inclusion in Nakko marketing materials, You shall provide notification to Nakko.

TERM, TERMINATION, AND SUSPENSION

Term

This Amendment shall be effective from the date of acceptance until it is terminated by either You or Nakko in accordance with this Amendment (the “Amendment Term”).

Termination by You

You may terminate this Amendment at Your convenience at any time, for any or no reason, by logging into Your Site Owner Account and choosing the option to delete the Site Owner Account. Should You terminate the Agreement, this Amendment shall likewise automatically terminate.

Termination by Nakko

Nakko may terminate this Amendment, or suspend or terminate Your access to MSH or the Site Owner Account or the Site Owner Dashboard, at Nakko’s convenience at any time, for any or no reason.

EXHIBIT A – POLICIES

To participate in the MSH as a Site Owner, You must be the owner of the Website(s). All information contained in your Site Owner Account must be true and accurate

The Website(s) must contain all legally required terms of service, including, but not limited to, a legally sufficient privacy policy and privacy notice, which takes into account all relevant laws, such as GDPR, CCPA, and any other applicable US federal and state laws and the laws of the European Union.

You must obtain any necessary permissions to publish information related to or about third parties, including, but not limited to any health data or data that may be inferred to as health data, on the Website(s).

Site Owner shall investigate any third party claims in connection with the content appearing on the Website(s).

Site Owner is solely responsible for all content appearing on the Website(s), even if the content is User- or visitor-generated and Site Owner does not regularly monitor the Website(s) content.

In the event Nakko terminates this Agreement due to Site Owner’s breach, Nakko reserves the right to concurrently terminate any other existing agreements with Site Owner.

PROHIBITED USE (NON-EXHAUSTIVE LIST)

The following are examples of the type of sites, activities, content, or applications that are not allowed to participate in MSH as a Site Owner. Nakko will review both the Website(s) and its related social media channels:

• Hacking

• Software Pirating

• Pornographic content

• Containing, promoting, or linking to any form of illegal activity

• Material that promotes violence or discrimination based on race, ethnicity, sex, gender, sexual orientation, religion, national origin, physical ability, mental ability, or age

• Material that contains unlawful, indecent, incendiary, abusive, harassing, or otherwise objectionable content as determined in Nakko’s sole discretion

• Material that defames, abuses, or threatens physical harm to others

• Material targeting end users or Website visitors under the age of 18

• Inappropriate newsgroup postings, chat or forum abuse, or unsolicited e-mail (SPAM)

• Torrent sites

• Sites illegally distributing copyright protected content

• Material that infringes or appears to infringe the intellectual property rights of any person or contravenes or appears to contravene any applicable laws, regulations, or code of conduct

• Unmoderated user generated content

If You utilize any of Nakko’s additional products, You must agree to the terms and conditions for each. You agree to carefully read the terms and conditions and abide by each one.

You may not remove, alter, or obscure the Nakko copyright notice, trademarks, or other proprietary rights affixed to or provided as part of MSH as a Site Owner or any other Nakko technology, software, material, or documentation.

You must not use Nakko and its services to collect Consumer Health Data, as defined by any relevant law to mean personal information that is linked or reasonably linkable to a consumer and that identifies the consumer’s past, present, or future physical or mental health status (“CHD”) or distribute medical information, or diagnosis for medical conditions.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with Dutch law. Any disputes arising out of or in connection with these Terms will be resolved exclusively in the courts of the Netherlands.

ADDITIONAL POLICIES

Certain aspects of your use of the Service are further governed by our Privacy Policy and other policies, which are incorporated by reference into these Terms. Please review these policies to understand how we collect, use, and safeguard your information.

CONTACT INFORMATION

If you have any questions or concerns about these Terms, please contact us.