Terms of Service
Effective Date: April 30, 2026
Last Updated: May 14, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and Pneuma Technologies LLC ("Company," "we," "us," "our"), a limited liability company organized under the laws of the State of Missouri, with its principal place of business at 15360 Trailside Dr, Kansas City, MO 64152.
These Terms govern your access to and use of the Vittles mobile application ("Service" or "App"), available at vittles.tech and through applicable mobile app stores. By creating an account, accessing, or using the Service, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, do not use the Service.
Please read these Terms carefully, including the binding arbitration clause and class action waiver in Section 15.
1. Description of the Service
Vittles is a mobile application designed for university students and staff to share unused meal swipes at campus dining halls. The Service connects users who need a meal swipe ("Requesters") with users who have extra meal swipes to share ("Donors"). Vittles is not a marketplace, commercial exchange, or food delivery service. No money changes hands between users through the Service.
The Service currently operates at Columbia University and may expand to additional universities in the future.
In addition to meal swipe sharing, the Service provides:
- Live dining hall menus with allergen information.
- A campus map displaying dining hall locations, operating hours, and estimated walk times.
- Push notifications for matches, cancellations, and reminders.
- User profiles with avatar photos subject to administrator moderation.
- Social preferences on requests, allowing users to indicate whether they would like to make a friend, eat alone, or have no preference.
- In-app chat messaging between matched Requesters and Donors, available for the duration of an active swipe request.
- A user reporting and blocking system enabling users to report inappropriate behavior and block other users from future interactions.
- A donor rewards and recognition system that tracks donation statistics and awards tier badges based on cumulative donations. Tier badges are for recognition and gamification purposes only and carry no monetary value.
2. Eligibility
2.1 Age Requirement. You must be at least eighteen (18) years of age to use the Service. By creating an account, you represent and warrant that you are at least 18 years old.
2.2 University Affiliation. You must be currently affiliated with a supported university as a student or staff member. You must register with a valid university email address from an approved domain. We reserve the right to verify your affiliation at any time.
2.3 One Account Per Person. Each individual may maintain only one account on the Service. Creating multiple accounts is prohibited and may result in termination of all associated accounts.
2.4 Legal Capacity. By agreeing to these Terms, you represent that you have the legal capacity to enter into a binding agreement in your jurisdiction.
3. Account Registration and Security
3.1 Registration.To use the Service, you must create an account by providing a valid university email address and creating a password. You will be required to verify your email address through a six-digit one-time passcode ("OTP") sent to the email you provide.
3.2 Password Requirements. Your password must be at least eight (8) characters long and must include at least one lowercase letter, one uppercase letter, one digit, and one symbol. We check passwords against known data breach databases and will reject passwords that have been previously compromised.
3.3 Account Security. You are solely responsible for maintaining the confidentiality of your login credentials. You must not share your password or account access with any other person. You agree to notify us immediately at Vittles.team@pneumatechnologies.tech if you become aware of any unauthorized use of your account or any other breach of security.
3.4 Responsibility for Account Activity. You are responsible for all activity that occurs under your account, whether or not you authorized that activity. We are not liable for any loss or damage arising from your failure to protect your account credentials.
3.5 Profile Information. During onboarding, you will be asked to provide information including your name, university role, school affiliation, academic level, class year, and birthday. You agree to provide accurate and current information and to update it as necessary.
4. How the Service Works
4.1 Requesting a Swipe. A Requester selects an open dining hall and submits a swipe request. Requests may be submitted on demand (for immediate matching) or scheduled for a future time.
4.2 Accepting a Request. Available Donors are notified of pending requests and may choose to accept a request. Acceptance is processed on a first-come, first-served basis at the database level. If another Donor has already accepted a request, your acceptance attempt will not go through.
4.3 Meeting. After a match is made, both the Requester and the Donor proceed to the designated dining hall to meet in person.
4.4 Arrival Confirmation. Both parties confirm their arrival at the dining hall, either through geofence detection or by manually tapping an arrival button in the App.
4.5 Verification and Completion. Once both parties have arrived, the Requester reveals a four-digit verification code on their device. The Donor enters this code into their device to complete the transaction. The verification code system is designed to confirm that both parties are physically present together. User statistics (completed requests and donations) are updated upon successful completion.
4.6 Cancellation. Either party may cancel a request at any time before completion. The other party is notified of the cancellation through the App. Excessive or abusive cancellations may result in account restrictions or termination.
4.7 Expiration. On-demand requests that are not accepted within fifteen (15) minutes expire automatically.
4.8 No Compensation. Meal swipe sharing through Vittles is intended to be a voluntary, non-commercial activity. Users must not charge, request, or accept payment, gifts, or any other form of compensation in exchange for meal swipes shared through the Service.
4.9 Chat Messaging. After a Donor accepts a swipe request, a chat conversation is automatically created between the Requester and the Donor. Chat messages are limited to two hundred (200) characters each. The conversation remains active until the swipe request is completed, cancelled, or expires. Once the conversation closes, neither party may send new messages. Conversations have an expiration timestamp and will close automatically if the associated swipe request reaches its expiry time.
4.10 Donor Queue. A Donor may have a maximum of three (3) active or queued swipe requests at any time. When a Donor completes or cancels a request, the next queued request may be automatically promoted to active status.
4.11 Scheduled Request Reminders. For scheduled swipe requests, the Service sends push notification reminders approximately one (1) hour, fifteen (15) minutes, and at the time of the scheduled meetup.
5. User-Generated Content
5.1 Scope. User-generated content on the Service includes: (a) avatar profile photos; (b) chat messages sent between matched users (limited to 200 characters per message); and (c) report reason text submitted through the in-app reporting feature (limited to 1,000 characters).
5.2 Chat Messages. Chat messages you send are visible to the other participant in your matched conversation. Messages are subject to automated content moderation and filtering as described in Section 12. Messages that violate the Acceptable Use Policy (Section 6) may be blocked from delivery or flagged for administrator review.
5.3 Report Submissions.When you submit a report about another user, the reason text you provide is stored and reviewed by our administrators. Reports may include a snapshot of recent messages from the relevant conversation to provide context for the administrator's review.
5.4 Avatar Photo Requirements. Avatar photos must be in JPEG, PNG, or WebP format and must not exceed five (5) megabytes in file size. Uploaded images are compressed and resized to 512 by 512 pixels in JPEG format.
5.5 Moderation. Avatar photos are displayed immediately upon upload. Our administrators may review photos at any time and remove any avatar that violates our guidelines. We may remove an avatar for any of the following reasons: the photo is not identifiable as a person, the photo does not depict a real person, or the photo contains inappropriate, offensive, or harmful content. If your avatar is removed, you will be notified of the reason and may upload a replacement.
5.6 License Grant. By uploading an avatar photo, you grant Pneuma Technologies LLC a non-exclusive, royalty-free, worldwide, transferable license to use, reproduce, display, and distribute that photo within the App and any related services for the purpose of operating the Service. This license continues for as long as your avatar is displayed on the Service and terminates when the avatar is removed. By sending chat messages or submitting report text through the Service, you grant a similar license for us to store, process, display (to the intended recipient or administrators), and use that content for operating and improving the Service, including for content moderation and safety purposes.
5.7 Ownership. You retain all ownership rights in your avatar photos and other content you submit, subject to the license granted in Section 5.6.
5.8 Deletion. You may request deletion of your avatar photo at any time by contacting us at Vittles.team@pneumatechnologies.tech or by removing your avatar through the App. We will remove the avatar from active display within a commercially reasonable timeframe.
5.9 Representations.By uploading an avatar photo or submitting any content through the Service, you represent and warrant that: (a) you own the content or have the necessary rights and permissions to submit it; (b) the content does not infringe on any third party's intellectual property rights, privacy rights, or other rights; and (c) the content does not contain illegal, obscene, or otherwise objectionable material.
6. Acceptable Use Policy
6.1 Prohibited Conduct. You agree not to engage in any of the following:
- Creating fake, fraudulent, or misleading profiles.
- Using the Service for any commercial purpose, including but not limited to selling, reselling, or exchanging meal swipes for money or other consideration.
- Harassing, threatening, bullying, or intimidating other users, whether through the Service or during in-person interactions facilitated by the Service.
- Impersonating another person or misrepresenting your university affiliation, identity, or any other information.
- Attempting to manipulate the matching system, including artificially inflating statistics or gaming request priority.
- Circumventing, interfering with, or attempting to defeat the verification code system or any other security feature of the Service.
- Using automated tools, bots, scripts, scrapers, or any other automated means to access or interact with the Service.
- Uploading avatar photos that are inappropriate, offensive, sexually explicit, violent, or otherwise harmful.
- Sharing your account credentials with any other person or allowing others to access the Service through your account.
- Violating your university's dining policies, meal plan terms, or code of conduct.
- Engaging in any activity that is illegal under applicable local, state, national, or international law.
- Interfering with or disrupting the Service, its servers, or the networks connected to the Service.
- Attempting to gain unauthorized access to any part of the Service, other user accounts, or any systems or networks connected to the Service.
- Sharing personally identifiable information in chat messages, including but not limited to phone numbers, email addresses, social media handles, or payment application usernames (such as Venmo, CashApp, Zelle, or PayPal).
- Using slurs, hate speech, or discriminatory language directed at any individual or group, whether in chat messages or any other content submitted through the Service.
- Sending sexually explicit content through chat messages.
- Attempting to circumvent, evade, or test the automated content moderation filters.
- Submitting false, frivolous, or retaliatory reports through the reporting system.
6.2 Enforcement. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy. Such action may include, without limitation, issuing warnings, suspending or terminating your account, removing content, and reporting violations to law enforcement authorities.
6.3 Chat Conduct. All chat messages are subject to automated content moderation as described in Section 12. You acknowledge that messages containing prohibited content may be blocked from delivery without notice, and that repeated violations may result in restrictions on your account, including temporary or permanent suspension.
7. In-Person Meeting Safety
7.1 Nature of Interactions. Vittles facilitates connections between university-affiliated users for the purpose of sharing meal swipes. As part of this process, users are expected to meet in person at university dining halls to complete transactions.
7.2 Meeting Locations. All meetups facilitated by the Service are intended to take place at university dining halls during their normal operating hours.
7.3 Assumption of Risk. You acknowledge and agree that you meet other users at your own risk. While the Service requires university email verification and operates within campus dining facilities, Vittles does not conduct background checks, verify identities beyond email domain verification, or otherwise screen users for safety.
7.4 No Safety Guarantee. Vittles does not guarantee, and expressly disclaims any responsibility for, the safety of in-person meetings between users. We are not responsible for the conduct, actions, or behavior of any user before, during, or after an in-person interaction facilitated by the Service.
7.5 Personal Judgment. You should exercise your own personal judgment and caution when meeting other users. If at any point you feel uncomfortable or unsafe, you are free to cancel the request and leave.
7.6 Reporting. If you experience a safety concern during an interaction facilitated by the Service, you may report the other user directly through the in-app reporting feature accessible from the chat screen, or by contacting us at Vittles.team@pneumatechnologies.tech. For emergencies, please contact your campus security office or local emergency services immediately.
7.7 Blocking. You may block another user at any time through the chat screen. Blocking a user prevents them from matching with you or sending you messages in the future. Blocks are enforced bidirectionally: neither party can initiate a match or message the other after a block is placed. You may unblock a previously blocked user from your account settings.
8. Intellectual Property
8.1 Company Ownership.All content, features, functionality, software, code, design, text, graphics, logos, and other materials comprising the Service (collectively, "Company Materials") are owned by Pneuma Technologies LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
8.2 Trademarks. The Vittles name, logo, and associated branding elements are trademarks or service marks of Pneuma Technologies LLC. You may not use these marks without our prior written consent.
8.3 University Data. Dining hall names, locations, operating hours, menus, and related information displayed in the Service are publicly available information sourced from university dining services. Vittles does not claim ownership of this data.
8.4 Limited License to Users. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service on your personal mobile device for your personal, non-commercial use. This license does not include the right to modify, copy, distribute, sell, or create derivative works based on the Service or any Company Materials.
9. Third-Party Services
9.1 The Service relies on third-party providers for certain functionality. These third parties operate under their own terms of service and privacy policies, which are separate from and independent of these Terms. The third-party services we use include:
- Supabase Inc. — backend infrastructure and database services.
- PostHog Inc. — product analytics.
- Sentry (Functional Software Inc.) — crash reporting and error monitoring.
- Expo (650 Industries Inc.) — application delivery and push notification services.
- Apple Maps and/or Google Maps — map display and location services.
- OpenAI, L.L.C. — content moderation of chat messages. Message text is sent to OpenAI's moderation API solely for the purpose of automated safety scoring. See our Privacy Policy for details on what data is shared.
9.2 We are not responsible for the practices, content, or availability of any third-party services. Your use of the Service constitutes your acknowledgment that data may be processed by these third-party providers in accordance with their respective policies.
9.3We do not endorse and are not liable for any third-party service provider's acts, omissions, or policies.
10. Service Availability
10.1 As-Available Basis.The Service is provided on an "as available" basis. We do not guarantee that the Service will be available at all times or without interruption.
10.2 Interruptions. The Service may be temporarily unavailable due to scheduled maintenance, software updates, server issues, network problems, or factors beyond our reasonable control. We are not liable for any interruption or disruption of the Service.
10.3 Modifications. We reserve the right to modify, update, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes that significantly affect your use of the Service, but are not obligated to do so.
10.4 No Obligation. We are under no obligation to maintain, support, or update the Service, or to provide any specific features or functionality.
11. Termination
11.1 Termination by You. You may delete your account at any time by contacting us at Vittles.team@pneumatechnologies.tech. Upon receiving your request, we will process your account deletion in accordance with Section 11.7.
11.2 Termination by Us. We may suspend or terminate your account, with or without notice, for any of the following reasons:
- Violation of these Terms, including the Acceptable Use Policy.
- Conduct that we determine, in our sole discretion, is harmful to other users, the Service, or Pneuma Technologies LLC.
- Extended inactivity on the Service.
- Requests from law enforcement or government agencies.
- Any other reason we deem appropriate in our sole discretion.
11.3 Account Banning. We may permanently ban your account if we determine, in our sole discretion, that your conduct poses a safety risk to other users or constitutes a severe or repeated violation of these Terms. Upon banning, all active conversations associated with your account will be closed and your donor availability will be disabled.
11.4 Shadow Restrictions. In certain cases, we may apply temporary restrictions to your account that limit the visibility or delivery of your messages without prior notice. During a shadow restriction, your messages may appear to send normally from your perspective but may not be delivered to the intended recipient. Shadow restrictions are applied as an interim measure while we investigate potential violations of these Terms. We disclose this practice here in the interest of transparency.
11.5 Moderation Enforcement. We employ a combination of automated content moderation systems and manual administrator review to enforce these Terms. Automated systems may block messages, flag content for review, or generate reports without human intervention. Administrators may take additional action, including issuing warnings, applying shadow restrictions, suspending accounts, or permanently banning accounts, based on the severity and frequency of violations.
11.6 Effect of Termination. Upon termination of your account, your right to access and use the Service will cease immediately. Any pending swipe requests associated with your account will be cancelled.
11.7 Data Retention. Following account termination, we will retain your data for thirty (30) days. After this retention period, your data will be permanently deleted from our systems, except as required by applicable law or as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. Certain data, such as moderation audit records and user reports, may be retained beyond this period as described in our Privacy Policy.
11.8 Survival. The following sections of these Terms survive termination: Section 5.6 (License Grant, to the extent content remains displayed), Section 8 (Intellectual Property), Section 12 (Content Moderation), Section 14 (Disclaimers), Section 15 (Dispute Resolution), Section 16 (Limitation of Liability), and Section 17 (Indemnification).
12. Content Moderation and Automated Filtering
12.1 Multi-Layer Moderation. Chat messages sent through the Service are processed through a multi-layer automated moderation pipeline before delivery. This pipeline includes:
- Personally identifiable information (PII) detection, which screens for phone numbers, email addresses, social media handles, and payment application usernames.
- Slur and hate speech detection.
- Profanity filtering.
- Third-party AI-powered content moderation via OpenAI's moderation API, which scores messages across safety categories including but not limited to sexual content, harassment, violence, and content involving minors.
12.2 Blocking and Flagging. Messages that trigger the moderation pipeline may be handled in one of two ways:
- Hard Block: The message is not delivered to the recipient. The sender is informed that the message was blocked. A record of the blocked attempt is retained for audit purposes. Blocked message records contain a cryptographic hash (SHA-256) of the message content, the reason for the block, and moderation scores, but do not store the plaintext message content.
- Soft Flag: The message is delivered to the recipient but is flagged for administrator review. The flag reason and moderation scores are recorded alongside the message.
12.3 Automated Reporting. Certain critical violations detected by the moderation pipeline, including content flagged for sexual content involving minors or threats of violence, may automatically generate an internal report for immediate administrator review.
12.4 Rate Limiting. Chat messages are rate-limited to five (5) messages per sixty (60) seconds per conversation. If you exceed this limit, additional messages will not be delivered until the rate limit resets.
12.5 No Perfect System. Automated content moderation is not infallible. Some prohibited content may evade detection, and some permissible content may be incorrectly blocked. If you believe a message was blocked in error, you may contact us at Vittles.team@pneumatechnologies.tech.
12.6 Content Hash Logging. For messages that are blocked by the moderation pipeline, we store a one-way cryptographic hash of the message content for audit and abuse-pattern detection purposes. The original message text of blocked messages is not stored in plaintext on our servers.
13. Reporting and Blocking
13.1 Reporting Users. You may report another user from within an active or closed chat conversation. When submitting a report, you must provide a written reason (up to 1,000 characters) describing the issue.
13.2 Message Snapshots. When you submit a report, a snapshot of the most recent messages (up to 50 messages) from the relevant conversation is captured and included with the report. This snapshot provides context for administrator review.
13.3 Report Rate Limits. To prevent abuse of the reporting system, reports are limited to ten (10) per twenty-four (24) hour period per user. Duplicate reports for the same user within the same conversation within a twenty-four (24) hour period are consolidated.
13.4 Report Review.Our administrators are notified of submitted reports and will review them in a reasonable timeframe. Based on their review, administrators may take any action described in Section 11, including issuing warnings, applying restrictions, or terminating the reported user's account. We may also determine that no action is warranted.
13.5 Blocking Users. You may block another user at any time from the chat screen. Blocking a user has the following effects:
- The blocked user will be unable to match with you on future swipe requests.
- The blocked user will be unable to send you messages.
- Blocks are enforced bidirectionally: neither party can initiate a match or message the other after a block is placed.
13.6 Unblocking. You may unblock a previously blocked user from your account settings. Unblocking restores the ability to match and message but does not restore any previously closed conversations.
13.7 No Retaliation. You will not be penalized for submitting a good-faith report. However, submitting false or retaliatory reports is a violation of the Acceptable Use Policy and may result in action against your account.
14. Disclaimers
14.1THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PNEUMA TECHNOLOGIES LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
14.2 WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
- ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14.3 Dining Hall Information. Vittles displays dining hall information including menus, hours, allergen data, and operating status. This information is sourced from university dining services and may not always be accurate, current, or complete. We do not guarantee the accuracy of any dining hall information displayed in the Service. If you have food allergies or dietary restrictions, you should verify menu information directly with the dining hall before consuming any food.
14.4 Matching. Vittles does not guarantee the availability of Donors, successful matching of swipe requests, or completion of any particular transaction. The Service depends on voluntary participation by other users, and we cannot ensure that a match will be found for your request.
14.5 University Affiliation.Vittles is not affiliated with, endorsed by, or sponsored by any university's dining services or administration unless explicitly stated otherwise by both the university and Pneuma Technologies LLC.
14.6OUR AUTOMATED CONTENT MODERATION SYSTEMS ARE PROVIDED ON AN "AS IS" BASIS AND ARE NOT GUARANTEED TO DETECT ALL PROHIBITED CONTENT OR TO OPERATE WITHOUT ERROR. WE DO NOT WARRANT THAT THE MODERATION PIPELINE WILL BLOCK ALL HARMFUL CONTENT OR THAT IT WILL NOT INCORRECTLY BLOCK PERMISSIBLE CONTENT.
14.7 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY APPLICABLE LAW.
15. Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
15.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at Vittles.team@pneumatechnologies.tech with a written description of your claim. Both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days from the date the written notice is received. Most disputes can be resolved informally.
15.2 Binding Arbitration.If a dispute cannot be resolved informally within the thirty-day period described in Section 15.1, either party may initiate binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator.
15.3 Arbitration Location. The arbitration shall take place in New York, New York, or remotely by videoconference or telephone as permitted by the AAA rules and as agreed upon by the parties.
15.4 Arbitration Fees.Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. If the arbitrator finds that your claim was frivolous or brought for an improper purpose, the arbitrator may reallocate fees as permitted under applicable rules and law.
15.5 Arbitration Decision.The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award any relief that a court could award, subject to the limitations in these Terms.
15.6 Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims that fall within the jurisdictional limits of such court.
15.7 Class Action Waiver.YOU AND PNEUMA TECHNOLOGIES LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE ACTION OR PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
15.8 Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND PNEUMA TECHNOLOGIES LLC WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICE.
15.9 Governing Law. These Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
15.10 Opt-Out. You may opt out of the arbitration and class action waiver provisions of this Section 15 by sending written notice of your decision to opt out to Vittles.team@pneumatechnologies.tech within thirty (30) days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Pneuma Technologies LLC may pursue claims against each other in court, subject to all other provisions of these Terms. Opting out of arbitration will not affect any other provision of these Terms.
16. Limitation of Liability
16.1 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF PNEUMA TECHNOLOGIES LLC AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
16.2 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PNEUMA TECHNOLOGIES LLC OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business.
- Loss of data or data corruption.
- Loss of goodwill or reputation.
- Cost of procurement of substitute services.
- Any other intangible losses.
These exclusions apply regardless of whether such damages were foreseeable and whether or not Pneuma Technologies LLC was advised of the possibility of such damages.
16.3 Basis of the Bargain. You acknowledge that the limitations of liability in this Section 16 are a fundamental element of the agreement between you and Pneuma Technologies LLC, and that the Service would not be provided to you without such limitations.
16.4 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, the above limitations and exclusions may not apply to you to the extent prohibited by applicable law. In those jurisdictions, the liability of Pneuma Technologies LLC shall be limited to the greatest extent permitted by law.
17. Indemnification
17.1You agree to indemnify, defend, and hold harmless Pneuma Technologies LLC and its officers, directors, members, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:
- Your use of, or inability to use, the Service.
- Your violation of these Terms.
- Your violation of any applicable law, regulation, or third-party right, including any intellectual property right, privacy right, or publicity right.
- Your interactions with other users of the Service, including but not limited to in-person meetings and chat communications facilitated by the Service.
- Any content you upload or submit to the Service, including avatar photos, chat messages, and report submissions.
17.2 We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under this Section 17. In such event, you agree to cooperate with our defense of the claim.
18. Feature Flags and Experiments
18.1 We may, from time to time, use feature flags to enable, disable, or modify features or functionality for certain subsets of users.
18.2 We may conduct A/B tests, experiments, or other trials to evaluate and improve the Service.
18.3 By agreeing to these Terms, you consent to potential enrollment in such tests and experiments. Participation in a test or experiment does not entitle you to the continuation of any particular feature or version of the Service.
19. General Provisions
19.1 Entire Agreement. These Terms, together with any Privacy Policy and other policies referenced herein, constitute the entire agreement between you and Pneuma Technologies LLC with respect to the Service and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.
19.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
19.3 Assignment. We may assign, transfer, or delegate our rights and obligations under these Terms, in whole or in part, at any time without notice to you. You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.
19.4 Waiver. The failure of Pneuma Technologies LLC to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Pneuma Technologies LLC.
19.5 Force Majeure. Pneuma Technologies LLC shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from events beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, epidemics, war, terrorism, riots, power failures, internet or telecommunications outages, or labor disputes.
19.6 Notices. We may provide notices to you through the App (such as in-app notifications or banners), to the email address associated with your account, or by any other reasonable means. Notices are deemed received when displayed in the App or sent to your email address. Notices to us must be sent to Vittles.team@pneumatechnologies.tech.
19.7 Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Pneuma Technologies LLC. You are an independent user of the Service.
19.8 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
19.9 Changes to These Terms. We reserve the right to update or modify these Terms at any time. If we make material changes, we will provide notice through the App or by email at least fourteen (14) days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may request account deletion.
20. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Service, please contact us at:
Pneuma Technologies LLC
15360 Trailside Dr
Kansas City, MO 64152
Email: Vittles.team@pneumatechnologies.tech
Web: vittles.tech