These Terms of Use ("Terms") govern your rights and obligations regarding the use of Cajoul's Software ("Software") and service (both collectively referred to as the "Service") on the Internet or in cellular media. These Terms constitute a fully binding agreement between LOGISKY Sarl (including its affiliates and subsidiaries, "Cajoul" or "We") the proprietor of all rights in and to the Service and you. It is therefore recommended that you carefully read these Terms.
Cajoul provide this service "AS IS" without any warranty of any kind. Cajoul strives to maintain accurate and current data. However, Cajoul editors receive those data from various sources, many of which are outside Cajoul editor control. Therefore, Cajoul editors could not warrant the data provided are correct, complete, accurate and up-to-date. As the data may not be complete and may contain erroneous data, it should not be used as an authoritative source to plan your purchases and food selection.
All information made available through the use of Cajoul is advisory only. All such information is deemed reliable but is not guaranteed and should be independently verified. Cajoul cannot, and does not, verify the information transmitted or displayed. The user assumes total responsibility and risk associated with using all such information.
By using any service provided by Cajoul, you agree fully to the above and accept you do so at your own risk.
If you do not agree to these Terms or any of its parts, then you are prohibited to use and must refrain from using the Service.
You must be at least 15 years of age to use the Service. By agreeing to those Terms, you represent and warrant to us that you are at least 15 years of age, competent, and legally entitled to agree to those Terms, and you have not previously been suspended or removed from the Service. Cajoul may terminate, or deny access to and use of, the Service, or any portion thereof, to any individual or entity for any reason, in Cajoul's sole discretion. Cajoul also reserves the right to bring legal action against any individual or entity for any loss or damage that it may suffer as a result of violation of those Terms.
The User is solely responsible for its purchse decisions irrespective of any service provided by the Cajoul editors.
You may use the Service solely for private purposes.
You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Cajoul. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
You may not copy, print, save or otherwise use data from the Site or the Service's database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service, for example you could print data provided by the Service for your personal use.
There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Cajoul's sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person :
Cajoul software and services are provided "AS IS" without any express or implied warranties, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose are disclaimed.
Neither Cajoul editors not its employees or representatives warrant that Cajoul application and services will be available, accurate and error free. Nor do they make any warranty as to the accuracy of the results that may be obtained from the use of Cajoul or as to the accuracy of reliability of any information provided through Cajoul.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Service.
THE AGGREGATE LIABILITY OF CAJOUL TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THOSE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO CAJOUL FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAJOUL, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
Your privacy is important to us. While using the Service, personal information may be provided by You or collected by Cajoul as detailed in our Privacy Policy at: https://www.cajoul.com/cajoul_privacy_en.html that is an integral part of these Terms. The Privacy Policy explains our practices pertaining to the use of Your personal information and we ask that You read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Cajoul, subject to this section, the Privacy Policy and any applicable laws and regulation. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.
The Service allows all users of the Software to submit and post information and content to other users ("Content"). Content can include, for example, product ratings, product prices, product pictures, information submission, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.
When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:
Cajoul may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Cajoul or any of its agents or affiliates. In such cases, Cajoul may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to Cajoul by any law.
When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Cajoul to publish the Content and exploit all intellectual property rights in and to the Content. Cajoul receives no ownership rights in and to the Content that you submit. However, by submitting Content to Cajoul, you hereby grant Cajoul and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. You also grant Cajoul and sub-licensees the right to use your username to identify you in connection with your User Content. The license granted to Cajoul in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Cajoul's sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Cajoul provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Cajoul to be your agent).
Cajoul is under no obligation to edit or control the Content that you or other users post or publish, and will not be in any way responsible or liable for such Content. However, Cajoul may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication.
Cajoul retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Cajoul does not guarantee that all Content will be published, in general or for any limited time.
Content submitted by users for publication does not reflect the views of Cajoul. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date. Cajoul disclaims any responsibility for and any liability in connection with any harm resulting from the use of User Content, or from any downloading by users of User Content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Cajoul with respect to User Content.
Without derogating from any applicable law, you agree to indemnify and hold harmless Cajoul and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Cajoul, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
You may not use Cajoul to perform any illegal act. All accesses are logged by IP address, along with any identifying information transmitted to our servers.
Cajoul may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Cajoul for applying such changes or for failures incidental to such changes.
Cajoul may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
These Terms, the Software and the Service will be governed solely by the laws of the State of Monaco, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in Monaco.
Last Modified: 19 March 2021
The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content. The publication of Content advertising other food scanning solutions is not accepted.
Rights in Content
Examination of Content
Breach and Indemnity
Illegal Activity
Modifications and Changes
Termination of Service
Governing Law and Jurisdiction