Acceptable Use Policy

Acceptable Use Policy

This policy is effective as of 26 August 2021.

Last updated: 11 September 2023

This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Services”) provided by ChilliCream Inc. under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

ChilliCream Inc. customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

Fair use

We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Services with similar intent.

Customer accountability

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Services with the customer’s permission. This responsibility also applies to anyone using our Services on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Services from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Services as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Services as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Services associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

Prohibited activity

Copyright infringement and access to unauthorized material

Our Services must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

  1. any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and
  2. any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Services, and for obtaining legal permission to use any works included in such material.

SPAM and unauthorized message activity

Our Services must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Our Services must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Services must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Services.

This spam and unauthorized message activity policy applies to messages sent using our Services, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Services.

Unethical, exploitative, and malicious activity

Our Services must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

Our Services must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

Our Services must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Services and systems.

Our Services must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

Other activities considered unethical, exploitative, and malicious include:

  1. Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
  2. Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
  3. The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
  4. Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
  5. Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
  6. Any act or omission in violation of consumer protection laws and regulations;
  7. Any violation of a person’s privacy.

Our Services may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

Unauthorized use of ChilliCream Inc. property

We prohibit the impersonation of ChilliCream Inc., the representation of a significant business relationship with ChilliCream Inc., or ownership of any ChilliCream Inc. property (including our Services and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

About this policy

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

  • the date the customer uses our Services after we publish the revised version on our website; or
  • 30 days after we publish the revised version on our website.

Cookie Policy

Cookie Policy

This policy is effective as of 26 August 2021.

Last updated: 11 September 2023

We use cookies to help improve your experience of our Websites, which refers to https://chillicream.com as well as other websites operated by ChilliCream Inc. and that link to this policy. This cookie policy is part of ChilliCream Inc.'s privacy policy. It covers the use of cookies between your device and our site.

We also provide basic information on third-party services we may use, who may also use cookies as part of their service. This policy does not cover their cookies.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from https://chillicream.com or the relevant domain operated by us. In such a case, we may be unable to provide you with some of your desired content and services.

What is a cookie?

A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the cookie’s purpose, and the lifespan of the cookie itself.

Cookies are used to enable certain features (e.g. logging in), track site usage (e.g. analytics), store your user settings (e.g. time zone, notification preferences), and to personalize your content (e.g. advertising, language).

Cookies set by the website you are visiting are usually referred to as first-party cookies. They typically only track your activity on that particular site.

Cookies set by other sites and companies (i.e. third parties) are called third-party cookies They can be used to track you on other websites that use the same third-party service.

Types of cookies and how we use them

Essential cookies

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts, and payment processing.

We use essential cookies to enable certain functions on our website.

Performance cookies

Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all site users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. They do not collect personal information about you.

We use performance cookies on our site.

Functionality cookies

Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced, or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.

We use functionality cookies for selected features on our site.

Targeting/advertising cookies

Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service.

We do not use this type of cookie on our site.

Privacy Policy

Privacy Policy

This policy is effective as of 26 August 2021.

Last updated: 11 September 2023

Your privacy is important to us. It is ChilliCream Inc.'s policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our "Services", which refers collectively to: (1) https://chillicream.com and any other websites we operate and that link to this policy (collectively, "Websites"), and (2) all versions of ChilliCream software, platforms or services (including but not limited to Banana Cake Pop).

Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.

In the event our Services contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our Services.

Information We Collect

Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.

“Voluntarily provided” information refers to any information you knowingly and actively provide us when using or participating in any of our Services and promotions.

“Automatically collected” information refers to any information automatically sent by your devices in the course of accessing our Services.

Log Data

When you visit or use our Services, our servers may automatically log the standard data provided by your web browser or the service used. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.

Additionally, if you encounter certain errors while using the Services, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.

Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.

Device Data

When you visit or interact with our Services, we may automatically collect data about your device, such as:

  • Device Type
  • Operating System
  • Unique device identifiers
  • Geo-location data

Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

Personal Information

We may ask for personal information — for example, when you subscribe to our newsletter or when you contact us — which may include one or more of the following:

  • Name
  • Email
  • Social media profiles
  • Phone/mobile number
  • Home/mailing address

Legitimate Reasons for Processing Your Personal Information

We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.

Collection and Use of Information

We may collect personal information from you when you do any of the following on our Services:

  • Register for an account
  • Sign up to receive updates from us via email or social media channels
  • Use a mobile device or web browser to access our content
  • Contact us via email, social media, or on any similar technologies
  • When you mention us on social media

We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

  • to provide you with our platform's core features and services
  • to enable you to customize or personalize your experience of our Services
  • to deliver products and/or Services to you
  • to contact and communicate with you
  • for analytics, market research, and business development, including to operate and improve our Services, and associated social media platforms
  • for advertising and marketing, including to send you promotional information about our products and Services and information about third parties that we consider may be of interest to you
  • to enable you to access and use our Services, and associated social media platforms
  • for internal record keeping and administrative purposes
  • to comply with our legal obligations and resolve any disputes that we may have
  • to attribute any content (e.g. posts and comments) you submit that we publish on our Services
  • for security and fraud prevention, and to ensure that our Services are safe, secure, and used in line with our terms of use
  • for technical assessment, including to operate and improve our app, associated applications, and associated social media platforms

We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, Our marketing and market research activities may uncover data and insights, which we may combine with information about how visitors use our Services to improve our Services and your experience on it.

Security of Your Personal Information

When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.

You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our Services. For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.

How Long We Keep Your Personal Information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information as part of creating an account with us, we may retain this information for the duration your account exists on our system. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.

However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.

Children’s Privacy

We do not aim any of our products or Services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.

Disclosure of Personal Information to Third Parties

We may disclose personal information to:

  • a parent, subsidiary, or affiliate of our company
  • third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing providers, professional advisors, and payment systems operators
  • our employees, contractors, and/or related entities
  • our existing or potential agents or business partners
  • credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
  • courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you
  • third parties to collect and process data
  • an entity that buys, or to which we transfer all or substantially all of our assets and business

Third parties we currently use can be found in the section Data Storage Providers

International Transfers of Personal Information

The personal information we collect is stored and/or processed in United States, Netherlands, Ireland, Germany, and Switzerland, or where we or our partners, affiliates, and third-party providers maintain facilities.

The countries to which we store, process, or transfer your personal information may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred personal information in accordance with this privacy policy.

Your Rights and Controlling Your Personal Information

Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our Services or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example providing user support), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.

Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.

Use of Cookies

We use “cookies” to collect information about you and your activity across our Services. A cookie is a small piece of data that our Websites store on your computer, and access each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.

Please refer to our Cookie Policy for more information.

Business Transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.

Limits of Our Policy

Our Services may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

Changes to This Policy

At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.

If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.

If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.

Additional Disclosures for Australian Privacy Act Compliance (AU)

International Transfers of Personal Information

Where the disclosure of your personal information is solely subject to Australian privacy laws, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act. You acknowledge that if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act, and you will not be able to seek redress under the Privacy Act.

Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU)

Data Controller / Data Processor

The GDPR distinguishes between organisations that process personal information for their own purposes (known as “data controllers”) and organizations that process personal information on behalf of other organizations (known as “data processors”). We, ChilliCream Inc., located at the address provided in our Contact Us section, are a Data Controller with respect to the personal information you provide to us.

Legal Bases for Processing Your Personal Information

We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.

Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:

Consent From You

Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. You may consent to providing your email address for the purpose of receiving marketing emails from us. While you may unsubscribe at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

Performance of a Contract or Transaction

Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you contact us with an enquiry, we may require personal information such as your name and contact details in order to respond.

Our Legitimate Interests

Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.

Compliance with Law

In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

International Transfers Outside of the European Economic Area (EEA)

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Your Rights and Controlling Your Personal Information

Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.

Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.

Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our Services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 180 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.

Additional Disclosures for California Compliance (US)

Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.

To make such a request, please contact us using the details provided in this privacy policy with “Request for California privacy information” in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal information we revealed to other organisations for their marketing purposes in the last calendar year, along with their names and addresses. Not all personal information shared in this way is covered by Section 1798.83 of the California Civil Code.

Do Not Track

Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “Do Not Track” signals.

We adhere to the standards outlined in this privacy policy, ensuring we collect and process personal information lawfully, fairly, transparently, and with legitimate, legal reasons for doing so.

Cookies and Pixels

At all times, you may decline cookies from our Websites if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities. Please refer to the Cookies section of this privacy policy for more information.

CCPA-permitted financial incentives

In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the goods or services we provide.

Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

California Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the California Consumer Privacy Act:

  • Identifiers, such as name, email address, phone number account name, IP address, and an ID or number assigned to your account.
  • Customer records, such as billing and shipping address, and credit or debit card data.
  • Commercial information, such as products or services history and purchases.

For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Collection and Use of Information” section, including to provide and manage our Service.

Right to Know and Delete

If you are a California resident, you have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information was collected;
  • The categories of personal information about you we disclosed for a business purpose or sold;
  • The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
  • The business or commercial purpose for collecting or selling the personal information; and
  • The specific pieces of personal information we have collected about you.

To exercise any of these rights, please contact us using the details provided in this privacy policy.

Shine the Light

If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by California’s “Shine the Light” with third parties and affiliates for their own direct marketing purposes.

To receive this information, send us a request using the contact details provided in this privacy policy. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.

Data Storage Providers

We utilize a variety of cloud storage providers to manage and process data. Below is a list of these providers along with their respective locations:

  1. Azure: Some of the data we collect may be stored and processed on Azure data centers located within the United States. Azure is a service provided by Microsoft. For further information about their data handling practices, you can review here:
  2. AWS : Some data may be hosted on Amazon Web Services (AWS) data centers, predominantly in the United States. For more about AWS's data practices, check:
  3. CloudFlare: CloudFlare acts as our content delivery network, facilitating the speed and reliability of our service. Some static data might pass through or be temporarily cached by CloudFlare. Additional details about their data practices can be found in here:
  4. ClickHouse on AWS: We utilize ClickHouse for specific data analytics and storage tasks. While the service is facilitated by ClickHouse, the actual data is primarily hosted on AWS data centers in the United States. Additional insights into ClickHouse and their processes can be found here:
  5. Elastic Stack on Azure:Elastic Stack assists us in data processing and analytics, primarily using Azure data centers. More information about Elastic Stack and their data handling practices can be found here:
  6. SendGrid: SendGrid assists us with email communication services. Some user data, such as email addresses used for sending communications, might be processed and stored on SendGrid. More about their data practices can be discovered here:.
  7. Stripe: Stripe is our chosen platform for payment processing. Data related to transactions, including payment details, could be processed and stored on Stripe. For a comprehensive understanding of their data practices, please check the:

It's important to note that while we choose our storage providers with careful consideration, all data storage carries inherent risks. We work with our partners to maintain the integrity of our services. Any updates or changes to our storage providers will be reflected in this section, and we'll notify our users as outlined in our 'Changes to This Policy' section. Should you have questions about our data storage practices, please reach out to us at [email protected].

Contact Us

For any questions or concerns regarding your privacy, you may contact us using the following details:

The ChilliCream Team
[email protected]

Terms and Conditions

Terms of Service

This policy is effective as of 26 August 2021.

Last updated: 11 September 2023

These Terms of Service govern your use of our "Services", which refers collectively to: (1) https://chillicream.com and any other websites we operate and that link to this policy (collectively, "Websites"), and (2) all versions of ChilliCream software, platforms or services (including but not limited to Banana Cake Pop).

By downloading, installing, using or accessing the Services, you agree that you have read and understood these Terms of Service, that you will abide by them and that you agree to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing the Services provided by ChilliCream Inc..

We, ChilliCream Inc., reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

Limitations of Use

By using the Services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained in the Services;
  2. remove any copyright or other proprietary notations from any materials and software in the Services;
  3. transfer the materials to another person or “mirror” the materials on any other server;
  4. knowingly or negligently use the Services in a way that abuses or disrupts our networks or any other service ChilliCream Inc. provides;
  5. use the Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use the Services in violation of any applicable laws or regulations;
  7. use the Services in conjunction with sending unauthorized advertising or spam;
  8. harvest, collect, or gather user data without the user’s consent; or
  9. use the Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Use of the Services

Right to Use Banana Cake Pop

ChilliCream Inc. grants you a non-exclusive, non-transferable, revocable, non-sublicensable right to use the software application Banana Cake Pop on your computer. That right will terminate on any violation of these Terms of Service.

Third party software

ChilliCream Inc. Services contain third party code and libraries licensed to us. That includes open source software, of which your right to their use shall be governed by their license agreement instead of this Terms of Service document.

Previews

ChilliCream Inc. may release preview versions of our Services for evaluation and testing to you. These come as-is, with no guarantees, and may be removed or modified without notice. Their use is entirely at your own risk, and you accept that these versions may not have been subject to the same security checks, compatibility, stability and so on as non-preview versions of our Services. You should not use them in production environments or environments with sensitive data.

Intellectual Property

The intellectual property in the materials contained in the Services are owned by or licensed to ChilliCream Inc. and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by ChilliCream Inc. at any time.

Liability

Our Services and the materials on them are provided on an 'as is' basis. To the extent permitted by law, ChilliCream Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall ChilliCream Inc. or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Services or its materials, even if ChilliCream Inc. or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, CHILLICREAM INC., OR OUR DIRECTORS OR EMPLOYEES, SHALL, IN NO EVENT, BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF USE, LOST REVENUE OR INCOME OR PROFIT, FAILURE OF SECURITY PROTOCOLS OR BUSINESS INTERRUPTION, THAT MAY BE INCURRED BY YOU ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR OUR SERVICES OR CONTENT, WHETHER OR NOT WE, CHILLICREAM INC., HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. EXCEPT IN CASE OF YOUR VIOLATION OF THE 'LIMITATIONS OF USE' SECTION, NEITHER PARTY'S LIABILITY TO THE OTHER SHALL EXCEED THE FEES PAID BY YOU TO CHILLICREAM INC. IN THE 3 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, CHILLICREAM INC.'S LIABILITY TO YOU FOR SERVICES THAT ARE FREE OF CHARGE SHALL NOT EXCEED USD 50.

Accuracy of Materials

The materials appearing on our Services are not comprehensive and are for general information purposes only. ChilliCream Inc. does not warrant or make any representations concerning the accuracy, validity, applicability, likely results, or reliability of the use of the materials on our Services, or otherwise relating to such materials or on any resources linked to from our Services.

UNDER NO CIRCUMSTANCE SHALL CHILLICREAM INC. HAVE ANY LIABILITY TO YOU FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES OR THE USAGE OR RELIANCE OF ANY INFORMATION ON OUR SERVICES.

Links

ChilliCream Inc. has not reviewed all of the sites or resources linked to from our Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by ChilliCream Inc. of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our Services and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Delaware. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.