Terms of Service

Japan Menu Helper - Common LLC

Last updated: January 19, 2025

1. Agreement to Terms

⚠️ BINDING LEGAL AGREEMENT

By using Japan Menu Helper, you enter into a binding legal agreement and waive important legal rights, including the right to sue or participate in class action lawsuits. YOU MUST READ AND UNDERSTAND ALL TERMS BEFORE USING THIS SERVICE.

By accessing, using, or downloading Japan Menu Helper, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to all terms, you must immediately cease using our service.

2. Service Description

Japan Menu Helper is an AI-powered service that analyzes Japanese restaurant menu images and provides personalized dish recommendations for international tourists. The service is operated by Common LLC.

3. Pricing and Payment

  • Pay-per-use: $1.99 per recommendation
  • No subscription fees or hidden charges
  • Payments are processed securely through Stripe
  • All sales are final - no refunds for completed recommendations
  • Prices may change with notice

4. User Responsibilities

You agree to:

  • Provide clear, readable menu images
  • Use accurate dietary restriction information
  • Complete payment before receiving recommendations
  • Not upload inappropriate or copyrighted content
  • Use recommendations as guidance only

5. Food Safety and Health Disclaimer

🚨 CRITICAL FOOD SAFETY WARNING

ALLERGIES AND DIETARY RESTRICTIONS:

  • Our AI recommendations are NOT a substitute for direct communication with restaurant staff
  • We CANNOT guarantee the accuracy of ingredient, allergen, or nutritional information
  • Menu translations and ingredient identification may contain errors
  • ALWAYS inform restaurant staff of ALL allergies and dietary restrictions in person
  • Cross-contamination may occur in restaurant kitchens regardless of our recommendations

FOOD SAFETY AND ILLNESS:

  • We provide menu guidance only - NOT food safety guarantees
  • Restaurant food preparation, storage, and handling are beyond our control
  • Food poisoning, foodborne illness, or contamination may occur regardless of our recommendations
  • Raw or undercooked foods carry inherent health risks
  • Users consume recommended foods entirely at their own risk

⚠️ AI Limitations

  • AI recommendations are for guidance only and may contain errors
  • Menu image quality affects accuracy of ingredient identification
  • Cultural and linguistic differences may impact translations
  • Seasonal menu changes may not be reflected in recommendations
  • Restaurant preparation methods may vary from descriptions

6. Limitation of Liability and Indemnification

MAXIMUM LIABILITY LIMITATION

Common LLC's total liability for any and all claims is strictly limited to the amount paid for the specific service ($1.99 maximum).

COMPLETE DISCLAIMER OF LIABILITY FOR:

  • Food-Related Injuries: Allergic reactions, anaphylaxis, food poisoning, foodborne illness
  • Health Complications: Digestive issues, medication interactions, dietary complications
  • Medical Expenses: Hospital bills, treatment costs, medication, emergency care
  • Recommendation Errors: Incorrect ingredient identification, allergen omissions, translation mistakes
  • Restaurant Issues: Food preparation, cross-contamination, service quality, hygiene standards
  • Travel Disruptions: Missed flights, accommodations, or activities due to illness
  • Economic Losses: Lost wages, business opportunities, vacation costs
  • Service Interruptions: System downtime, data loss, processing errors
  • Consequential Damages: Pain and suffering, emotional distress, punitive damages

AS-IS SERVICE DISCLAIMER

NO WARRANTIES: Service provided "AS IS" and "AS AVAILABLE" without any warranties, express or implied, including merchantability, fitness for particular purpose, or non-infringement. COMMON LLC DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

USER INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Common LLC, its officers, directors, employees, agents, contractors, and affiliates from any and all claims, demands, lawsuits, damages, losses, costs, liabilities, and expenses (including reasonable attorney fees and court costs) arising from or relating to:

  • Your use of our recommendations or service
  • Your consumption of any recommended or suggested foods
  • Your failure to disclose allergies, dietary restrictions, or medical conditions to restaurants
  • Any health issues, allergic reactions, or food-related illness you experience
  • Your reliance on AI-generated recommendations
  • Any violation of these Terms of Service
  • Any third-party claims related to your use of the service
  • Your interaction with restaurants or food establishments

7. Medical and Dietary Advice Disclaimer

🚨 NOT MEDICAL OR NUTRITIONAL ADVICE

NO MEDICAL ADVICE: This service does NOT provide medical, nutritional, or dietary advice. Recommendations are for entertainment and general guidance only.

CONSULT PROFESSIONALS: Always consult qualified healthcare providers, registered dietitians, or medical professionals for dietary and health decisions.

MEDICAL CONDITIONS: If you have any medical conditions, allergies, or dietary restrictions, seek professional medical advice before consuming any foods.

EMERGENCY SITUATIONS: In case of allergic reactions or food poisoning, seek immediate medical attention. Do not rely on our service for emergency guidance.

INDIVIDUAL RESPONSIBILITY: You are solely responsible for making informed decisions about your diet and health based on professional medical advice.

8. Intellectual Property

All content, AI models, and software are owned by Common LLC or its licensors. Users retain ownership of uploaded images, which are processed temporarily and not stored.

9. Privacy and Data

Your privacy is important to us. Please review our Privacy Policy to understand how we collect and use your information.

10. Service Availability

We strive for 99% uptime but do not guarantee uninterrupted service. We may perform maintenance or updates that temporarily affect availability.

11. Termination

We may suspend or terminate access for violation of these terms. Users may stop using the service at any time.

12. Dispute Resolution and Class Action Waiver

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

ARBITRATION REQUIREMENT: Any dispute arising from or relating to this service must be resolved through binding individual arbitration, not in court. You waive your right to a jury trial.

CLASS ACTION WAIVER: You expressly waive your right to participate in any class action, collective action, or representative proceeding against Common LLC.

INDIVIDUAL CLAIMS ONLY: All disputes must be brought individually. You cannot consolidate your claim with others.

ARBITRATION RULES: Arbitration will be conducted under the American Arbitration Association (AAA) rules in Sheridan, Wyoming.

SMALL CLAIMS EXCEPTION: You may pursue individual claims in small claims court if they qualify and remain individual.

30-DAY OPT-OUT: You may opt out of arbitration by emailing changefeedback@gmail.com within 30 days of first use with "Arbitration Opt-Out" in subject line.

Governing Law: These terms are governed exclusively by Wyoming state law without regard to conflict of law principles. The Federal Arbitration Act governs arbitration provisions.

13. Contact Information

Common LLC

30 N Gould St Ste R

Sheridan, WY 82801

Email: changefeedback@gmail.com

Phone: (408) 623-5876

D-U-N-S: 134746529

14. Changes to Terms

We may modify these terms at any time. Continued use after changes constitutes acceptance of new terms.

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