Terms of Service

Effective September 1, 2026Last updated September 1, 2026

These Terms of Service (“Terms”) are a legally binding agreement between you and Flame Industries, Inc., a Delaware corporation doing business as Chow (“Chow,” “we,” “us,” or “our”), and govern your access to and use of the Chow mobile application, website, software, features, content, subscriptions, and related services collectively referred to as the “Services.”

By downloading, accessing, creating an account, purchasing a subscription, or otherwise using the Services, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy.

If you do not agree to these Terms, do not access or use the Services.

IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTIONS: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT. EXCEPT WHERE PROHIBITED BY LAW OR AS OTHERWISE PROVIDED BELOW, YOU AND CHOW AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION AND WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION.

1. About Chow

Chow is a meal-planning and grocery-planning service designed to help users plan meals, discover or create recipes, organize grocery lists, estimate grocery costs, plan around selected stores, and manage related food-planning activities.

Depending on the features available to you, Chow may provide or assist with:

  • weekly meal planning;
  • recipe recommendations;
  • AI-generated or AI-assisted recipes;
  • grocery lists;
  • grocery budgeting;
  • estimated grocery prices;
  • recommendations based on selected supermarkets or retailers;
  • dietary and food-preference personalization;
  • household-size and serving adjustments;
  • recipe imports from websites or other sources;
  • recipe creation;
  • saved recipes;
  • meal and grocery-list sharing;
  • ingredient substitutions;
  • cooking instructions;
  • nutritional estimates;
  • nearby-store recommendations;
  • third-party grocery or retailer integrations; and
  • other planning or food-related functionality.

The availability of individual features may vary by country, device, subscription, retailer, or version of the Services.

Chow is a planning, organization, and inspiration tool. It is not a medical, nutritional, dietetic, food-safety, financial, or professional-advice service.

2. Eligibility and Minors

You must be at least 13 years old to create or use a Chow account.

If the laws where you live require a higher minimum age to consent to the use of an online service or to the processing of your personal information, that higher age applies.

If you are under the age of majority where you live, your parent or legal guardian must review and agree to these Terms on your behalf and must permit you to use the Services.

You may not use Chow if applicable law prohibits you from doing so.

Any age rating assigned to the Chow application by an app marketplace is a content-rating designation and does not override the eligibility requirements in these Terms.

3. Accounts

Certain features require a Chow account.

You may be able to create or access your account using Sign in with Apple, Google, or another authentication method that we make available.

You agree to:

  • provide accurate and current account information;
  • maintain the security of your account;
  • not permit unauthorized access to your account;
  • promptly notify us if you suspect unauthorized access;
  • not impersonate another person;
  • not create accounts through automated means except where expressly authorized; and
  • be responsible for activity occurring through your account to the extent permitted by law.

Your use of Apple, Google, or another authentication provider is also subject to that provider’s applicable terms and privacy practices.

We may refuse registration, require additional verification, restrict an account, or suspend access where reasonably necessary to protect Chow, our users, or third parties.

4. License to Use Chow

Subject to your compliance with these Terms, Chow grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for lawful personal use.

This license does not transfer ownership of the Services or any Chow intellectual property to you.

Except where expressly permitted by these Terms or applicable law, you may not commercially exploit the Services or use Chow’s software, systems, proprietary databases, interfaces, or content to provide a competing service.

5. AI-Generated and Automated Content

Certain Chow features use artificial intelligence, machine learning, automated systems, or third-party AI providers to create or assist with meal plans, recipes, ingredient lists, grocery lists, substitutions, food recommendations, estimated prices, cooking instructions, nutritional estimates, images, or other content.

AI-generated or AI-assisted content can be inaccurate, incomplete, outdated, inconsistent, unsafe, or unsuitable for your circumstances.

AI systems may:

  • misunderstand your request;
  • omit ingredients;
  • provide incorrect ingredient quantities;
  • provide inaccurate preparation instructions;
  • recommend inappropriate substitutions;
  • incorrectly identify allergens;
  • provide inaccurate nutritional information;
  • provide unrealistic or incorrect cooking times;
  • provide inaccurate food temperatures;
  • provide inaccurate grocery prices or availability;
  • recommend products that are unavailable;
  • create duplicate or unusual combinations;
  • generate information resembling third-party content; or
  • produce other unexpected or incorrect results.

You are responsible for reviewing and independently verifying AI-generated content before relying on it.

Chow may use third-party AI providers, including providers such as OpenAI or Google, and may change underlying AI providers or models at any time.

We do not guarantee that any particular AI model, provider, output style, recipe, feature, or functionality will remain available.

6. Food Safety, Allergies, and Dietary Restrictions

You are solely responsible for determining whether any food, ingredient, recipe, meal, product, substitution, or recommendation is safe and suitable for you and for anyone for whom you purchase or prepare food.

Chow cannot guarantee that:

  • a recipe is free of allergens;
  • ingredient information is complete;
  • a substitution is allergen-safe;
  • a manufacturer has not changed its formulation;
  • cross-contamination will not occur;
  • a recipe complies with a particular medical diet;
  • a recipe complies with a religious dietary requirement;
  • a product is gluten-free, dairy-free, nut-free, vegetarian, vegan, kosher, halal, or otherwise compliant with a dietary preference;
  • cooking instructions meet every applicable food-safety requirement; or
  • information received from a retailer, manufacturer, website, user, database, or AI provider is accurate.

Always review product labels and packaging.

Always independently verify allergens and dietary restrictions.

Always follow appropriate food storage, handling, preparation, refrigeration, sanitation, and cooking practices.

Where appropriate, verify safe internal cooking temperatures using reliable food-safety guidance.

If you or another person has a serious food allergy, intolerance, medical condition, pregnancy-related dietary requirement, or other health concern, consult a qualified healthcare professional before relying on Chow.

Chow is not responsible for allergic reactions, foodborne illness, injury, adverse health outcomes, or other consequences resulting from food you purchase, prepare, serve, or consume, except to the extent such liability cannot legally be excluded.

7. Nutrition and Health Information

Any calorie, macronutrient, micronutrient, serving-size, nutrition, dietary, or health-related information presented through Chow is an estimate unless expressly stated otherwise.

Nutrition estimates may depend on incomplete information, generalized databases, estimated portions, AI-generated content, manufacturer information, or user-provided information.

Actual nutritional values may differ materially.

Chow does not diagnose, treat, cure, prevent, or manage any disease or medical condition.

Chow is not a substitute for a physician, registered dietitian, nutritionist, or other qualified professional.

Do not rely on Chow for medical decisions, treatment decisions, diagnosis, clinical nutrition, emergency care, or circumstances requiring precise nutritional information.

8. Grocery Prices, Budgets, Retailers, and Product Availability

Chow may provide estimated grocery prices, estimated weekly costs, budgeting information, product recommendations, store-specific information, promotions, package sizes, retailer information, or product availability.

Such information may be based on third-party data, automated estimates, prior information, available retailer information, or AI-generated calculations.

We do not guarantee:

  • the price of any item;
  • the total cost of a grocery list;
  • the availability of an item;
  • the accuracy of a promotion;
  • the availability of a specific package size;
  • that a particular retailer carries an item;
  • that a retailer’s inventory information is current;
  • that taxes, delivery fees, tips, service fees, deposits, or other charges are included;
  • that prices shown in Chow match in-store or online prices; or
  • that a retailer will accept, fulfill, substitute, or deliver any requested item.

Retailers may change prices, availability, promotions, recipes, formulations, package sizes, and inventory at any time.

The price and availability offered by the applicable retailer at the time of purchase controls.

You are responsible for reviewing all purchases before checkout.

9. Location and Store Recommendations

Chow may use a ZIP code, city, selected store, approximate location, or device location, where authorized, to recommend nearby stores or provide geographically relevant information.

Location information and store recommendations may be incomplete or inaccurate.

You should independently verify a retailer’s address, hours, availability, delivery area, and other information before relying on it.

10. Third-Party Retailers and Shopping Services

Chow may allow you to interact with, link to, or send information to third-party retailers, grocery services, delivery services, shopping platforms, marketplaces, or other third-party services.

These may include services such as grocery retailers, delivery providers, or shopping platforms.

Any transaction for groceries or third-party products is between you and the applicable third party unless Chow expressly states otherwise.

Chow is not responsible for:

  • retailer inventory;
  • third-party pricing;
  • substitutions;
  • order fulfillment;
  • delivery;
  • product quality;
  • retailer cancellations;
  • refunds issued by retailers;
  • third-party customer service;
  • third-party account security;
  • retailer outages;
  • retailer representations; or
  • third-party conduct.

Third-party services may impose separate terms and privacy policies.

Chow does not endorse or guarantee a third-party product or service merely because it appears within or is accessible through Chow.

11. Affiliate and Referral Relationships

Chow may in the future participate in affiliate, referral, advertising, or commercial relationships with retailers or other businesses.

If such relationships are introduced, Chow may receive compensation, commissions, referral fees, or other consideration when users make qualifying purchases or take certain actions.

Where required by law, Chow will disclose applicable affiliate or sponsored relationships.

The existence of an affiliate relationship does not guarantee the quality, availability, safety, or suitability of a product or service.

12. User Content

“User Content” means recipes, recipe text, images, photographs, screenshots, links, ingredients, notes, meal information, grocery lists, preferences, comments, prompts, instructions, files, or other materials that you submit, upload, import, create, save, or share using the Services.

You retain ownership of rights you lawfully hold in your User Content.

By submitting User Content, you grant Chow a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, modify, format, analyze, transmit, and otherwise use that User Content only as reasonably necessary to:

  • provide the Services;
  • generate requested results;
  • operate Chow;
  • maintain and secure the Services;
  • troubleshoot problems;
  • personalize features;
  • improve and develop Chow;
  • enable sharing requested by you; and
  • comply with law.

This license continues for as long as necessary to provide the Services and may continue for limited periods in backups, logs, fraud-prevention systems, or records that we are legally required to retain.

You represent and warrant that:

  • you have the rights necessary to submit your User Content;
  • your submission does not violate applicable law;
  • your submission does not infringe intellectual property or privacy rights;
  • you will not knowingly submit malicious software or harmful code; and
  • your User Content complies with these Terms.

13. Imported Recipes and Third-Party Content

Chow may allow you to import recipes or other information from webpages, links, screenshots, social-media posts, images, or other sources.

You are responsible for ensuring that you are permitted to submit or use the material you import.

The ability to technically import content does not mean Chow represents that the content is free from copyright, trademark, contractual, privacy, or other restrictions.

Imported recipes may contain errors or may be parsed incorrectly.

You are responsible for verifying imported ingredients, measurements, cooking instructions, attribution, allergens, and other information.

Chow may restrict, remove, disable, or refuse to process imported material if we reasonably believe it violates law, third-party rights, these Terms, or technical limitations.

14. Sharing

Chow may allow you to share meals, recipes, grocery lists, or other content through links, messaging applications, social platforms, or other methods.

When you share content, information contained in that content may become accessible to other people.

A recipient may further copy, forward, screenshot, publish, or distribute shared content outside Chow.

You are responsible for reviewing information before sharing it.

Do not include confidential, sensitive, private, or third-party information in content you intend to share unless you have the right to do so.

We are not responsible for what another person does with content after you choose to share it.

15. Acceptable Use

You may use Chow only for lawful purposes.

You may not, directly or indirectly:

  • violate any applicable law or regulation;
  • use the Services to infringe another person’s rights;
  • access another user’s account without permission;
  • impersonate another person or organization;
  • submit malicious code, malware, or harmful content;
  • interfere with the operation of the Services;
  • overload, disrupt, or attack our systems;
  • probe, scan, or test a vulnerability without written authorization;
  • bypass authentication, security measures, rate limits, or technical restrictions;
  • reverse engineer, decompile, disassemble, or attempt to derive source code except where such restriction is prohibited by law;
  • reproduce, copy, distribute, license, sell, resell, rent, lease, or commercially exploit the Services without authorization;
  • scrape, crawl, spider, harvest, index, or automatically extract data from Chow without written permission;
  • use bots or automated tools to access Chow except through an authorized interface;
  • systematically copy recipes, meal plans, grocery data, interfaces, or databases;
  • use Chow content or data to train, develop, benchmark, validate, or improve a competing artificial-intelligence system or machine-learning model without written permission;
  • use Chow to create or operate a substantially similar or competing service;
  • frame, mirror, clone, or replicate material portions of the Services;
  • circumvent subscription restrictions or access paid features without authorization;
  • engage in fraudulent activity;
  • manipulate analytics or attribution systems;
  • use the Services in a way that creates security, legal, operational, or reputational risk for Chow or another user; or
  • assist another person in doing any of the foregoing.

We may investigate suspected violations and may restrict or terminate access where appropriate.

16. Chow Intellectual Property

The Services, including Chow’s software, code, user interfaces, graphics, branding, trademarks, logos, designs, proprietary databases, systems, technology, layouts, features, documentation, original content, and other materials, are owned by Flame Industries, Inc. or our licensors and are protected by applicable intellectual-property laws.

Except for the limited license expressly granted in these Terms, no right, title, or interest in Chow intellectual property is transferred to you.

“Chow,” Chow logos, and related names and branding may not be used without prior written permission.

17. Generated Meal Plans and Grocery Lists

Subject to these Terms, you may use meal plans, recipes, grocery lists, and similar outputs generated specifically for your account for your own personal meal planning, cooking, shopping, and household use.

Your right to use an output does not grant you ownership of Chow’s underlying software, systems, templates, databases, algorithms, or third-party intellectual property.

Because AI systems can generate similar content for multiple users, Chow does not guarantee that any generated output is unique.

18. Feedback

If you voluntarily provide suggestions, ideas, feature requests, feedback, or recommendations concerning Chow, you grant us the right to use that feedback without restriction or compensation to you.

This does not transfer ownership of unrelated User Content.

19. Subscriptions and Billing

Certain Chow features require a paid subscription.

Available subscription offers may include, among others:

  • an annual subscription priced at approximately $49.99 per year;
  • promotional or alternative annual pricing, including approximately $39.99 per year;
  • a weekly subscription priced at approximately $9.99 per week; and
  • free trials or promotional offers.

Prices may vary by country, currency, eligibility, promotional offer, app-store pricing tier, taxes, test group, or other factors.

The exact price, billing period, trial period, and renewal terms displayed to you at the time of purchase control.

Unless otherwise stated at purchase, subscriptions automatically renew until canceled.

If you purchase through Apple’s App Store:

  • payment is charged to your Apple ID;
  • Apple processes the transaction;
  • your subscription renews automatically unless canceled in accordance with Apple’s subscription-management rules;
  • Apple may charge your account shortly before the renewal period begins;
  • you can manage or cancel your subscription through your Apple account settings; and
  • Apple’s applicable payment, billing, and refund terms also apply.

Deleting the Chow application or deleting your Chow account does not necessarily cancel an App Store subscription.

You must separately cancel the subscription through the applicable app-store account unless otherwise indicated.

20. Free Trials

Chow may offer free trials to eligible users.

Unless otherwise stated when the trial begins, a free trial automatically converts into the paid subscription shown at signup when the trial expires.

You must cancel before the trial ends to avoid being charged.

Eligibility for a free trial may be limited to new subscribers or otherwise determined by Chow or the applicable app marketplace.

We may modify, limit, or discontinue promotional trials to the extent permitted by law.

21. Cancellations and Refunds

You may cancel an auto-renewing subscription at any time through the applicable app-store subscription settings.

Cancellation generally prevents future renewal charges but does not automatically provide a refund for the current billing period.

For purchases made through Apple’s App Store, refund requests are generally administered by Apple and are subject to Apple’s policies.

Where permitted, we may provide Apple or another payment platform with limited information reasonably necessary to evaluate a refund request, prevent fraud, or administer a purchase.

Nothing in this section limits refund rights that applicable law requires.

22. Taxes

Prices may include or exclude applicable taxes depending on your jurisdiction and the app marketplace.

You are responsible for taxes or governmental charges associated with your purchase except taxes based on Chow’s income.

23. Third-Party Services and Service Providers

Chow relies on third-party technology and service providers.

These may include:

  • Apple;
  • Google;
  • RevenueCat;
  • Superwall;
  • AppsFlyer;
  • PostHog;
  • Supabase;
  • Meta;
  • TikTok;
  • OpenAI;
  • Google AI services; and
  • other infrastructure, analytics, authentication, attribution, AI, hosting, or operational providers.

Third-party services may experience interruptions, errors, changes, or discontinuation.

We do not control third parties and do not guarantee their availability or performance.

We may replace a provider or change our technical infrastructure at any time.

24. Availability, Updates, and Changes

We may update, modify, add, remove, suspend, discontinue, or restrict any part of the Services at any time.

Features may change without notice where reasonably necessary for security, legal compliance, product development, retailer availability, technical limitations, or operational reasons.

We do not guarantee that Chow will always be available, uninterrupted, secure, or error-free.

We may release beta, experimental, preview, or early-access features that may contain additional errors or limitations.

You are responsible for maintaining your own copies of information you consider important.

Chow is not intended to serve as a permanent archival or backup service.

25. Privacy

Our Privacy Policy explains how we collect, use, disclose, and protect personal information.

By using Chow, you acknowledge our Privacy Policy.

Where consent is required by law for a specific processing activity, we will request that consent separately.

26. Suspension and Termination

You may stop using Chow at any time.

You may delete your Chow account through available in-app account-deletion functionality.

We may suspend, restrict, or terminate access to some or all of the Services if we reasonably believe that:

  • you violated these Terms;
  • your use poses a security risk;
  • your activity is fraudulent;
  • your activity infringes third-party rights;
  • your use could expose Chow or another person to legal liability;
  • continued access could harm the Services;
  • payment is invalid or unauthorized; or
  • suspension or termination is required by law.

Where appropriate, we may provide notice or an opportunity to remedy a violation, but we are not required to do so where immediate action is reasonably necessary.

Termination does not automatically cancel third-party subscriptions unless the applicable payment platform confirms otherwise.

Sections that by their nature should survive termination will survive, including intellectual property, User Content licenses where necessary, disclaimers, limitations of liability, indemnification, dispute resolution, and general legal provisions.

27. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

CHOW AND THE CHOW PARTIES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED;
  • THE SERVICES WILL BE ERROR-FREE;
  • AI-GENERATED CONTENT WILL BE ACCURATE;
  • A RECIPE WILL BE SAFE OR SUITABLE;
  • ALLERGEN INFORMATION WILL BE COMPLETE;
  • NUTRITION INFORMATION WILL BE ACCURATE;
  • GROCERY PRICES WILL BE ACCURATE;
  • PRODUCTS WILL BE AVAILABLE;
  • A PARTICULAR STORE WILL CARRY AN ITEM;
  • INFORMATION FROM A THIRD PARTY WILL BE ACCURATE;
  • A MEAL PLAN WILL SATISFY YOUR BUDGET;
  • A PARTICULAR FEATURE WILL REMAIN AVAILABLE;
  • USER CONTENT WILL ALWAYS BE RETAINED; OR
  • THE SERVICES WILL MEET EVERY USER’S REQUIREMENTS.

YOU USE CHOW AND RELY ON INFORMATION PROVIDED THROUGH CHOW AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

28. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLAME INDUSTRIES, INC., CHOW, OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS, COLLECTIVELY THE “CHOW PARTIES,” WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THIS INCLUDES LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATED TO:

  • YOUR USE OF OR INABILITY TO USE CHOW;
  • AI-GENERATED CONTENT;
  • RECIPES OR MEAL PLANS;
  • ALLERGIES OR DIETARY INFORMATION;
  • NUTRITION INFORMATION;
  • GROCERY PRICES;
  • RETAILER INFORMATION;
  • PRODUCT SUBSTITUTIONS;
  • THIRD-PARTY SERVICES;
  • USER CONTENT;
  • UNAUTHORIZED ACCOUNT ACCESS; OR
  • ANY OTHER MATTER RELATING TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CHOW PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. ONE HUNDRED U.S. DOLLARS ($100); OR

2. THE TOTAL AMOUNT YOU PAID TO CHOW FOR THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR OTHER LIABILITY THAT APPLICABLE LAW REQUIRES TO REMAIN AVAILABLE.

29. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Chow Parties from third-party claims, losses, liabilities, damages, judgments, penalties, expenses, and reasonable attorneys’ fees arising from or related to:

  • your User Content;
  • your violation of these Terms;
  • your violation of applicable law;
  • your infringement or violation of a third party’s rights;
  • your unauthorized use of the Services; or
  • your misuse of information obtained through Chow.

Your indemnification obligation does not apply to the extent a claim results from Chow’s own conduct for which indemnification cannot legally be required.

We reserve the right to assume exclusive control of the defense of a matter otherwise subject to indemnification, and you agree to reasonably cooperate.

30. Governing Law

To the extent permitted by applicable law, these Terms and disputes arising out of or relating to these Terms or the Services are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Mandatory consumer protections in your country, state, or province remain applicable where they cannot legally be waived.

31. Informal Dispute Resolution

Before initiating arbitration, either party must first provide written notice describing:

  • the nature of the dispute;
  • the relevant account email;
  • the facts supporting the dispute; and
  • the relief requested.

Notices to Chow must be sent to the legal or support contact published by Chow for legal notices.

The parties will attempt in good faith to resolve the dispute informally for at least 30 days after receipt of the notice.

Completing this informal dispute-resolution process is a condition precedent to arbitration unless applicable law prohibits that requirement.

32. Binding Individual Arbitration

Except as expressly stated below, you and Chow agree that any dispute, claim, or controversy arising out of or relating to:

  • these Terms;
  • the Privacy Policy;
  • the Services;
  • your account;
  • a subscription;
  • a transaction;
  • communications between you and Chow; or
  • the relationship between you and Chow

will be resolved through binding individual arbitration rather than in court.

This agreement to arbitrate is intended to be interpreted broadly.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable.

33. Arbitration Provider and Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under the applicable AAA Consumer Arbitration Rules and, where applicable, AAA’s Mass Arbitration Supplementary Rules then in effect.

The arbitration will be conducted by one arbitrator.

The arbitrator will have authority to resolve disputes concerning the interpretation, applicability, enforceability, formation, scope, or validity of the arbitration provisions, except that a court of competent jurisdiction will decide disputes concerning the enforceability of the class-action waiver to the extent required by applicable law.

Unless applicable consumer-arbitration rules require otherwise, arbitration will take place in Miami-Dade County, Florida, remotely, by telephone, by written submission, or in another location mutually agreed upon.

Consumers may be entitled to participate remotely or in their home jurisdiction where required by AAA rules or applicable law.

34. Exceptions to Arbitration

Either party may:

  • bring an individual claim in qualifying small claims court;
  • seek temporary or preliminary injunctive relief in court to prevent actual or threatened misuse of intellectual property, confidential information, or security systems; or
  • pursue a claim in court where applicable law prohibits mandatory arbitration.

35. Arbitration Opt-Out

You may opt out of the arbitration provisions by sending written notice to Chow within 30 days after the date you first accept these Terms.

Your notice must include:

  • your full name;
  • the email associated with your Chow account; and
  • an unambiguous statement that you wish to opt out of the arbitration agreement.

Opting out of arbitration does not affect any other portion of these Terms.

36. Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CHOW AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

YOU AND CHOW WAIVE ANY RIGHT TO PARTICIPATE IN A:

  • CLASS ACTION;
  • CLASS ARBITRATION;
  • COLLECTIVE ACTION;
  • REPRESENTATIVE ACTION;
  • CONSOLIDATED ACTION; OR
  • MASS ACTION,

EXCEPT TO THE EXTENT THE BATCH PROCEDURE BELOW EXPRESSLY APPLIES.

YOU AND CHOW ALSO WAIVE THE RIGHT TO A JURY TRIAL FOR DISPUTES SUBJECT TO THIS AGREEMENT.

37. Coordinated and Mass Arbitration

If 25 or more substantially similar arbitration demands are filed against Chow and are submitted by or with the assistance of the same law firm, coordinated law firms, organization, or group of counsel, the claims may be administered under AAA’s applicable mass-arbitration procedures.

Where permitted by AAA rules and applicable law, substantially similar claims may be grouped into administrative batches of up to 100 claimants.

Each claimant’s claim remains individual.

This provision does not authorize class arbitration.

If a conflict exists between this section and mandatory AAA consumer or mass-arbitration requirements, the mandatory AAA requirements control.

38. Time Limit for Claims

Except where prohibited by law, any claim arising out of or relating to these Terms or the Services must be brought within one year after the claim arose.

If applicable law requires a longer period that cannot be contractually shortened, that longer period applies.

39. Fees and Frivolous Claims

Arbitration fees will be allocated according to applicable AAA rules and law.

To the extent permitted by law, a party may seek reasonable attorneys’ fees and costs where a claim, defense, or motion is frivolous, filed in bad faith, or brought for an improper purpose.

40. Copyright Complaints

We respect intellectual-property rights.

If you believe content available through Chow infringes your copyright, you may send a written notice containing:

  • your physical or electronic signature;
  • identification of the copyrighted work;
  • identification of the allegedly infringing material;
  • information reasonably sufficient for us to locate the material;
  • your name and contact information;
  • a statement that you have a good-faith belief that the disputed use is unauthorized; and
  • a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Copyright complaints may be sent to:

Flame Industries, Inc.
Attn: Legal / Copyright
7901 4th St N, STE 300
St. Petersburg, FL 33702
United States

and to the legal contact email published by Chow.

We may remove or disable access to content that we reasonably believe infringes intellectual-property rights and may terminate repeat infringers where appropriate.

Nothing in this section represents that a particular address has been separately registered as a statutory DMCA designated agent unless such registration has actually been completed.

41. International Use and Export Controls

Chow may be accessible internationally.

You are responsible for complying with laws applicable where you access or use the Services.

You may not use the Services if doing so would violate applicable U.S. export controls, sanctions, or trade restrictions.

You represent that you are not prohibited from using the Services under applicable sanctions or restricted-party laws.

42. Additional Apple App Store Terms

If you download or use Chow through Apple’s App Store, you acknowledge and agree that:

  • these Terms are between you and Flame Industries, Inc., not Apple;
  • Apple is not responsible for Chow or its content;
  • Flame Industries, Inc., not Apple, is responsible for providing maintenance and support for Chow as required by applicable law;
  • Apple has no obligation to furnish maintenance or support services;
  • if Chow fails to conform to an applicable warranty and applicable law provides a remedy through Apple, you may notify Apple and Apple may refund the purchase price, if any, paid for the application, subject to Apple’s policies;
  • to the maximum extent permitted by law, Apple has no other warranty obligation regarding Chow;
  • Flame Industries, Inc., not Apple, is responsible for addressing claims relating to Chow, including product-liability, regulatory, consumer-protection, and intellectual-property claims;
  • your use of Chow must comply with applicable App Store Usage Rules and third-party terms;
  • you represent that you are not located in a country subject to a U.S. government embargo and are not listed on a U.S. government restricted-party list; and
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce applicable provisions against you.

43. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we may provide notice through the Services, email, an in-app notification, or another reasonable method.

The “Last Updated” date identifies when these Terms were most recently revised.

Your continued use of Chow after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

Where applicable law requires affirmative consent to a material change, we will request it.

44. Electronic Communications

You consent to receive legally required notices and other communications electronically where permitted by law.

Electronic communications may be delivered through email, in-app messages, push notifications, account interfaces, or website postings.

You are responsible for keeping your contact information current.

45. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, change of control, or transfer of the Services, subject to applicable law.

46. Force Majeure

Chow is not responsible for delays or failures caused by events beyond our reasonable control, including internet failures, cloud-provider outages, retailer outages, labor disputes, natural disasters, governmental actions, war, terrorism, epidemics, cyberattacks, infrastructure failures, or third-party service interruptions.

47. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted or severed where necessary, and the remaining provisions will remain in effect.

48. Waiver

Failure to enforce a provision of these Terms does not waive our right to enforce it later.

A waiver is effective only if made in writing by an authorized representative.

49. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms expressly presented to you for a specific feature or promotion, constitute the entire agreement between you and Chow regarding the Services.

50. No Third-Party Beneficiaries

Except for Apple as expressly provided in Section 42 and any Chow Party entitled to enforce a limitation, indemnification, or protection under these Terms, these Terms do not create third-party beneficiary rights.

51. Headings

Section titles are provided for convenience only and do not affect interpretation.

52. Contact

Questions, legal notices, or concerns regarding these Terms may be directed to [email protected].

Postal correspondence may be sent to:

Flame Industries, Inc.
Attn: Chow Legal
7901 4th St N, STE 300
St. Petersburg, FL 33702
United States