Terms of Usage

This Recca User Agreement (“Terms”) applies to your access and use of the website and other products and services (collectively, the “Services”) provided by Recca. (“Recca”, “we”, “us”).

Effective July 8, 2023.

About Recca

Recca is a community-driven platform for giving and getting recommendations, accessible primarily via the web property located at recca.co.

Users can ask for recommendations from their contacts and the wider community by creating prompts across a number of different category types (e.g., shopping, entertainment, etc.). Each prompt is integrated with a relevant data source, which enables us to streamline the recommendation experience. Users who wish to answer a prompt need only to type the name of whatever they want to recommend (or in certain situations, provide a web address). Recca then collates recommendations to provide live leaderboards for each prompt.

The value of a user's experience is largely driven by other users who contribute their experience and perspectives in a safe, secure and fun environment. To best preserve the quality of this network, by accessing or using our Services, you agree to be bound by these Terms. If you do not agree to the applicable Terms, you may not access or use our Services.

Please refer to Recca's Privacy Policy for information about how we collect, use, and share information about you when you use our Services.

Usage of the Services

Who Can Use Recca

• You must be at least 13 years old.
• You must not have previously been denied or revoked access to Recca for any reason.
• You must not be prohibited from accessing any aspect of our Services under applicable laws or relevant controlled lists.

Things You Cannot Do

• You can't do anything to interfere with or impair the intended operation of the Services.
• You can't impersonate others or provide inaccurate information. You don't have to provide personal information (aside from an email) to use Recca, but information that you do provide should be accurate and belong only to you.
• You can't post personal or confidential information or do anything that violates someone else's rights, including intellectual property.
• You can't leverage the Services or Content for commercial purposes, except where expressly allowed by this agreement.
• You can't modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content.
• You can't access the Services or Content with intent to build a similar or competitive website, product, or service.
• You can't automate or alter your usage of Recca via bots, scripting, or other physical or technical means.
• You can't license, sell, or transfer your Account without our prior written approval.
• You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can't violate (or help or encourage others to violate) these terms or our other policies.

This list of prohibited activities are presented for convenience and are not an exhaustive list of behavior which may result in termination of your access to the Services. Recca retains the right to determine your eligibility to use the Services at its sole discretion and on a case-by-case basis.

Our Obligations to You

• Recca grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
• Successful registration provides you access to the Services, but does not make any warranties about the extent of your access or privileges.
• The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

Your Obligations to Us

• You agree to adhere to the Recca Community Guidelines when contributing content to the community. Content or conduct in violation of our community guidelines may result in removal of your content or termination of your Recca account with or without notice.
• You are responsible for the actions associated with your account, regardless of whether or not you were in control of your account at the time. You should notify us immediately if you believe that your account has been compromised.

Canceling Your Account

You can cancel your Recca account at any time by sending an email to [email protected].

The following sections will survive any termination of these Terms or of your Account: Things You Cannot Do, Indemnity, Disclaimers, Limitation of Liability, Dispute Handling.

General

This Agreement

• This Agreement together with any other Recca documents, policies and/or agreements referenced herein sets forth the entire understanding between you and Recca with respect to the Services.
• If any aspect of this agreement is held to be invalid or unenforceable, the rest will remain in effect.
• Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
• We reserve all rights not expressly granted to you.

Who Has Rights Under This Agreement.

• This agreement doesn't give rights to any third parties, and you cannot transfer your rights or obligations under this agreement without our prior written consent.
• Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes or by law.

Who Is Responsible if Something Happens.

• Disclaimers. Our Services are provided "as is," and we can't guarantee they will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Recca does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. Nor does Recca control, endorse, or take responsibility for any content available on or linked to the services or the actions of any third party or user.
• Limitation of Liability. Our responsibility for anything that happens on the Service (“liability”) is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be liable for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
• Indemnification. You agree to indemnify, defend, and hold harmless Recca, its affiliates, and their respective directors, officers, employees, and agents from any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of this Agreement; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) your gross negligence or willful misconduct; and (f) any other party's access to and/or use of the Services using your account and password.

How We Will Handle Disputes.

• Our Services are governed by the laws of California, without giving effect to its choice of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in the City and County of San Francisco, California, for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms.
• You waive any right to jury trial in connection with any dispute relating to the Services. You agree that any proceedings to resolve, arbitrate or litigate any dispute will be conducted on an individual basis and not in a class or representative action. You agree to submit any claim to binding arbitration in a forum of Recca's choice.

Changes to These Terms

We may make changes to these Terms at any time. If we make changes, we will post the amended Terms and update the Effective Date listed above. If the changes are material, in our sole discretion, we may also notify you by sending an email or by placing a notice in the application. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.