Garnysh App Terms of Use

Last modified: October 1, 2024

General Information

The Garnysh Mobile Application for Apple iOS or Android-powered devices, including all Services (as
defined below), software, code, text, graphics, logos, layouts, designs, and application programming
interface (collectively, the “App”), is owned and controlled by Garnysh Inc. (collectively, with our
subsidiaries and affiliates, “Garnysh”, “we”, “us”, or “our”).
These Terms of Use (the “Terms”) govern your use of the App, including features or services available on
the App (collectively, the “Services”). By accessing the App, you agree to be bound by these Terms and
our Privacy Policy [(link)]. We may change or revise these Terms from time to time in our sole discretion,
as described below under the heading “Changes to the Terms of Use”.

Access to Garnysh App

By using this App, you agree to these Terms and also agree to any rules or restrictions established by
your employer.

To access this App, you must establish an account (“Garnysh App Account”) by logging into the App
using your user ID and a password selected by you. Your right to access and use the App is personal to
you and is not transferable by you to any other person or entity. You are entirely responsible for
maintaining the confidentiality of your user ID and password and for any and all activities that occur under
your Garnysh App Account. You agree to notify your employer and Garnysh of any unauthorized use of
your user ID or any other breach of security of your Garnysh App Account.
You must provide accurate and complete information and keep your Garnysh App Account information
updated. All personal information associated with your Garnysh App Account or your use of the App is
collected, used, and disclosed in accordance with our Privacy Policy.

Features of the App

The App allows you to: (a) review training materials provided by your employer, (b) complete tests
provided by your employer, (c) review restaurant procedures and menu items provided by your employer,
(d) review and reference ingredient lists and secrets of trade, (e) review employer files and policies, and
(f) complete short and long term goals, either sales or task related.
No Unlawful or Prohibited Use of App
You may only use the App for your personal use and as permitted by the features of the App and these
Terms. You may not: (a) distribute, transmit, transfer, assign, rent, lease, sell, or otherwise dispose of the
App to any third party; (b) use the App in any time sharing arrangement or otherwise make the App
available via a network so that it can be used on several devices at the same time; or (c) alter, modify,
repair, rent, lease, loan, sell, distribute, or create derivative works based on the App. As an essential
condition of your use of the App, you agree that you will not use the App in connection with, any illegal
activity or goods, or in connection with any prohibited industries or activities that Garnysh may specify
from time to time, or where prohibited by law. You agree that you will not use the App or its supported
web components for any purpose that violates any applicable federal, provincial/territorial, local, or
international law, or any regulations having the force of law. Such unlawful activities include, but are not
limited to:

A. Damaging, disabling, impairing, overburdening, or otherwise impairing the App, servers,
or networks of Garnysh.

B. Interfering with any other party’s use of the App.
C. Attempting to gain unauthorized access to the App or any part of the App, through
hacking, password mining, or any other means.
D. Accessing or altering data, including personal data of other users, when you are not
authorized to do so.
E. Using data collected from the App to contact individuals, companies, or other persons or
entities, including without limitation for any direct marketing activity.
F. Modifying, moving, adding to, deleting, or otherwise tampering with the information
contained in the App.
G. Making the functionality of the App available to multiple users through any means.
H. Using any robot, spider, crawler, scraper, script, browser extension, offline reader, or
other automated interface not authorized by us to access the App, scrape content, extract
data, or otherwise interfere with or modify the rendering of App pages or functionality.
I. Decompiling, reverse engineering, disassembling, or unlawfully using or reproducing any
of the software, copyrighted or trademarked material, trade secrets, or other proprietary
information contained in the App.
J. Infringing or violating the rights of others.

You agree to comply with applicable laws and regulations and to not participate in, facilitate, or further
illegal activities with respect to the App. You also agree to immediately notify us if you learn of a security
breach or other illegal activity in connection with the App.

We will investigate occurrences that may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who are involved in any of the above violations. You
acknowledge and agree that Garnysh can take any technical, legal, and other actions that we deem, in
our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any
violations and to enforce these Terms.

We reserve the right to suspend or terminate any Garnysh App Account that Garnysh determines, in our
sole discretion, is misusing the App in breach of these Terms, or in violation with applicable laws.
User Submissions and App Content Standards
The following content standards apply to any and all content, material, and information a user submits,
posts, publishes, displays, or transmits (collectively, "submit") to the App or to other users or persons
(collectively, "User Submissions") and any and all chat rooms, e-mail, message boards, job boards,
personal, or interest group pages, profiles, forums, and bulletin boards (collectively, “Interactive
Functions”). Any and all User Submissions must also comply with all applicable federal, provincial, local,
and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User
Submissions shall not:
A. In any manner violate any applicable federal, provincial, local, or international law or
regulation including, without limitation, any laws regarding the export of data or software,
patent, trademark, trade secret, copyright, or other intellectual property, legal rights
(including the rights of publicity and privacy of others) or contain any material that could
give rise to any civil or criminal liability under applicable laws or regulations or that
otherwise may be in conflict with these Terms and our Privacy Policy found at [(link)].
B. In any manner violate the terms of use of any third-party website that is linked to the App,
including but not limited to, any third-party social media website.
C. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive,
harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or 

discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or

age or other such legally prohibited ground or be otherwise objectionable.

D. Involve stalking, attempting to exploit or harm any individual (including minors) in any way
by exposing them to inappropriate content or otherwise or ask for personal information as
prohibited under applicable laws, regulations, or code.
E. Involve, provide, or contribute any false, inaccurate, or misleading information.
F. Include sending, knowingly receiving, uploading, downloading, using, or reusing any
material that does not comply with these User Submissions and App Content Standards.
G. Impersonate or attempt to impersonate Garnysh, a Garnysh employee, another user, or
any other person or entity (including, without limitation, by using email addresses or
screen names associated with any of the foregoing).
H. Transmit, or procure the sending of, any advertisements or promotions, sales, or
encourage any other commercial activities, including, without limitation, any "spam", "junk
mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or
advertising or any other similar solicitation.
I. Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the
App, or which, as determined by us, may harm Garnysh or users of the App or expose
them to liability.
J. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,
or alarm any other person.
K. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
L. Give the impression that they originate from or are endorsed by us or any other person or
entity, if this is not the case.

Limitation of Liability

You acknowledge and agree that, to the extent not prohibited by law, we will have no liability whatsoever,
whether in contract, tort (including negligence), or any other theory of liability, and whether or not the
possibility of such damages or losses has been notified to us, in connection with, or arising from your use
of the App. Your only right or remedy with respect to any problems or dissatisfaction with the App is to
immediately uninstall the App and cease use of the App. We shall not be liable to you, whether in
contract, tort (including negligence), or any other theory of liability, and whether or not the possibility of
such damages or losses has been notified to us, for:
A. Any general, special, pecuniary, nominal, actual, punitive, exemplary, or aggravated
damages;
B. Any loss of income, business, actual or anticipated profits, opportunity, goodwill, or
reputation (whether direct or indirect);
C. Any damage to or corruption of data (whether direct or indirect);
D. Any damage to, or viruses that may infect, your device or other property on account of
your access to or use of the App or App content;
E. Any claim, damage, or loss (whether direct or indirect) arising from or relating to your
inability to use the App; or
F. Any claim, damage, or loss (whether direct or indirect) arising from or relating to:
 Any product or service provided by a third party under their own terms of service;
 Any third-party technology; or
 Any third-party website.

In the event the foregoing limitations of liability are not enforceable, our total, cumulative liability to you
arising from or related to these terms, the App, and the App content is limited to fifty dollars (CAD$50).
Indemnity & Release To the full extent permitted by applicable law, you agree to defend, indemnify, and hold harmless

Garnysh and our directors, officers, employees, counsel, agents, representatives, successors, and
assigns from and against any claims, actions, or demands, and all resulting damages, losses, liabilities,
expenses, and costs, including without limitation reasonable legal and accounting fees, alleging or
resulting from your use or misuse of the App or App content, the Services, or your breach of the Terms.
We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole
discretion to assist you, at your expense, in defending any such claim, suit, or proceeding.
Parties & Third-Party Beneficiaries
These Terms are between you and Garnysh, only. Garnysh is solely responsible for the App, including all
Services provided via the App.
If you download the App via the App Store or Google Play, Apple Inc. or Google, Inc., respectively, shall
be a third-party beneficiary to these Terms and have the right to enforce these Terms against you as a
third-party beneficiary. However, these third-party beneficiaries are not a party to these Terms.
You acknowledge and agree that your access to the App using these devices also shall be subject to the
usage terms set forth in the applicable third-party beneficiary’s terms of service. You will comply with all
applicable restrictions, requirements, and rules that govern applications downloaded through the
application store through which you obtained the App (for example, the Apple App Store or Google Play).
You acknowledge that the third-party beneficiaries have no obligation whatsoever to furnish any
maintenance and support services with respect to the App. You further acknowledge and agree that to
the extent you have any claim arising from or related to your use of the App, in no event will the third
party beneficiaries be responsible for any claims relating to the App, including but not limited to (a)
intellectual property claims; (b) product liability claims; or (c) any claims arising under consumer
protection or similar legislation.

 Disclaimers

We provide our App and Services using a commercially reasonable level of skill and care and we hope
that you will enjoy using them.
Other than as expressly set out in these Terms or additional terms provided at the time you sign up for
our Services, neither Garnysh nor our suppliers or distributors provide any specific warranties about the
App or Services.
As with any other website or app you use, when you access our App, you assume all risk associated with
any viruses, worms, Trojan horses, and other destructive items. You should take any necessary
precautions before you access our App in respect of any such potential risks.
The App, the Services, and all content made available on, through or in connection with the App or
Services, are made available on an “as is” and “as available” basis, without any representation or
warranty of any kind, express or implied, including any warranty of title, merchantability, fitness for
particular purpose, or non-infringement of third party rights. We do not provide any guaranty or assurance
that the App or Services will be available for use. All implied representation, warranties, and conditions
relating to the App, the Services and all content on the App are hereby disclaimed to the greatest extent
permitted by law. Without limiting the foregoing, we are not responsible or liable for any malicious code,
delays, inaccuracies, errors, or omissions arising out of your use of the App or Services. You understand,
acknowledge, and agree that you are assuming the entire risk as to the accuracy, timeliness,
completeness, correctness, authenticity, security, and validity of any and all features and functions of the
App and Services, including, without limitation, content associated with your use of the App or Services.

To the extent that any warranty exists under law that cannot be disclaimed, Garnysh, and not any third-
party application store provider, shall be solely responsible for such warranty.
Legal – Copyrights, Trademarks, Disclaimers
The App, including all software, algorithms, protocols, and interfaces associated therewith, and all
intellectual property associated with these things (such as copyrights, inventions, patents, trademarks,
trade secrets, and industrial designs), are owned by Garnysh or its licensors. The App is licensed, not
sold, to you. Nothing in these Terms confers upon you any ownership interest in any aspect of the App or
any intellectual property right associated with the App. Any rights to the App not expressly granted under
the Terms are reserved by us and our licensors.
GARNYSH and any respective logos are trademarks of Garnysh and its affiliates. The names and logos
of other companies’ products mentioned in this App/Service are trademarks of their respective owners.
Nothing in these Terms confers upon you any interest of any kind in these trademarks.
Provided you adhere to all of these Terms, Garnysh grants you a non-exclusive, limited, non-transferable,
freely revocable license (without the right to sublicense) during the term, to use the App for your personal
use only. Garnysh may terminate this license at its sole discretion, at any time for any reason or no
reason.
Any unauthorized use of the App will violate these Terms and may violate applicable laws. Garnysh
reserves all of its rights in respect of such violations, including its rights to pursue any available legal or
equitable remedy and seek recovery from you for the expense of so doing.
To the extent you provide us with any suggestions, enhancement requests, recommendations, or other
feedback relating to the App or Services (collectively, “Feedback”), you hereby grant us a non-exclusive,
fully paid-up, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees), worldwide,
perpetual, irrevocable right and license to use, reproduce, publicly perform, publicly display, distribute,
modify, create derivative works, sell, exploit, and otherwise commercialize and dispose of such Feedback
without restriction.

Mobile Network

When you access the App through a mobile network, your network or roaming provider's messaging,
data, and other rates and fees will apply, and you will be responsible for all such charges. Downloading,
installing, or using the App may be prohibited or restricted by your network provider and the App may not
work with your network provider or device.
Modifying & Terminating the App or Services
We are constantly changing and improving our App and Services. We may add or remove functionalities
or features, and we may suspend or stop all or part of the App or Services altogether. You can stop using
our Services or cancel your account at any time. Garnysh may also stop providing Services to you or add
or create new limits to our Services at any time.
Software Updates
We reserve the right to provide updates, new versions, and revisions, and make changes, corrections,
and/or improvements (collectively “Updates”) to the App. By downloading, installing, starting, or using the
App, you agree to receive automatic software Updates, including any files that are automatically delivered
to you by Garnysh (via online transmission, through a third-party distributor, or otherwise) to patch,
update, or otherwise modify the App.

You acknowledge and agree that Garnysh has no obligation under this Agreement to correct any defects
or errors in the App, regardless of whether you inform Garnysh of such defects or errors or Garnysh
otherwise is, or becomes aware of, such defects or errors. To the extent Garnysh provides you with any
updates or upgrades to the App, such updates and upgrades shall be deemed to constitute part of the
App and shall be subject to all terms and provisions set forth in the Terms, including, without limitation,
terms and provisions related to licenses, use restrictions, ownership, and distribution of the App.
Third Party Platforms
Links to Third Party Platforms: The App may contain links to other third-party platforms. Those platforms
are not governed by these Terms but by other policies that may differ from these Terms. In visiting any
third-party platforms, you do so at your own risk, and you assume all responsibility in that regard. We
make no representations or warranties regarding, and do not endorse, any third-party platform or any
content on such platform. We encourage you to review the terms of use of each platform you visit before
using it.
Links from Third Party Platforms: Garnysh prohibits third parties from producing materials which contain
links to the App or framing of content contained within the App without our prior written consent, which we
may withhold in our sole and absolute discretion. We reserve the right to disable any such unauthorized
links or framing. Garnysh has no responsibility or liability for any material that may contain links to the
App.
Non-Solicitation Policy
In your communications with us, please keep in mind that we do not seek any unsolicited ideas or
materials for products or services, or even suggested improvements to products or services (collectively,
“Unsolicited Ideas and Materials”). We will be free to use or copy all or a portion of any Unsolicited
Ideas and Materials you send to us, including any ideas, inventions, concepts, techniques, or know-how
disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing,
creating, and/or marketing goods or services.
Changes to the Terms of Use
We may amend these Terms from time to time as our business evolves, in response to legal
developments, as new technologies become available, or as we introduce new features, products, or
services.
When we make changes to these Terms, we will revise the “Last Updated” date at the top of the Terms.
You should check back here periodically to find out if any changes have been made to the Terms. If we
make material changes, we will, as appropriate, prominently post these changes to our App or notify
registered users directly. We will notify you in advance of a material change. However, changes
addressing new functions or changes made for legal reasons will be effective immediately.
If you disagree with any change to the Terms, you may close your Garnysh App Account and refrain from
using the App or Services. Continuing to use the App or Services after we post or communicate a change
signifies that you consent to the revised Terms.
Export Controls
You acknowledge that the App, the App content, and the underlying technology may be subject to
applicable export jurisdiction. You agree to comply with all applicable international and national laws that
apply to the App, App content, and the underlying technology, as well as end-user, end use, and
destination restrictions issued by Canadian and other governments. By downloading or using the App or
the App content, you agree to the foregoing and you represent, warrant, and covenant that you are not
located in, under the control of, or a national or a resident of any country identified in any applicable

legislation, regulation, deny order, or prohibition list issued by any governmental or regulatory body, and
that you will otherwise comply with all applicable export control laws.
General Provisions
Notices: All notices and other communications to Garnysh under these Terms must be in writing and must
be delivered either by email or by internationally recognized courier service to the contact information set
out below under “Contact Us”. When you contact us or register for an Account, you consent to receive
communications from us electronically related to your Account and your use of the App. You agree that
any such communication via email shall constitute legal written communication in compliance with any
and all legal notice requirements (to the fullest extent possible by law).
Relationship: You acknowledge and agree that no agency, partnership, joint venture, employer-employee,
or franchisor-franchisee relationship is intended or created by these Terms or by your use of the App
and/or the Services.
Waiver: If you do not comply with these Terms, and we do not take action right away, this does not mean
that we are waiving or giving up any rights that we may have (including, but not limited to, taking action in
the future).

Severability: 

Any provision of these Terms which is unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions and any such prohibition or unenforceability in any jurisdiction shall not invalidate or
render unenforceable such provision in any other jurisdiction.
Assignment: These Terms and any rights, licenses, and privileges granted by these Terms, may not be
transferred or assigned by you, but may be assigned or transferred by Garnysh without restriction and
without notice to you.
Entire Agreement: The Terms, including the Privacy Policy, are the entire and exclusive agreement
between Garnysh and you regarding the App and Services. These Terms supersede and replace any
prior agreements, whether oral or in writing, between Garnysh and you regarding the App and Services.
Interpretation: These Terms shall enure to the benefit of and be binding upon the parties hereto and their
respective successors and permitted assigns. The division of these Terms into paragraphs or other
subdivisions and the insertion of headings are for convenience of reference only and do not affect the
construction or interpretation of these Terms.
Governing Law: This Agreement shall be governed by and construed and enforced in accordance with
the internal laws of Ontario, Canada, without regard to the conflict of laws provisions thereof. Each of the
parties does hereby irrevocably submit to the exclusive jurisdiction of the Federal and provincial courts
sitting in Toronto, Ontario, Canada, for the resolution of any and all disputes arising out of or relating to
this Agreement.
Arbitration: Subject to all other terms of these Terms, and to the extent not prohibited by applicable laws,
you agree that any claim of any kind against us arising from or related to these Terms or the use of the
App (i) shall be resolved by final and binding arbitration before a single arbitrator at Toronto, Ontario and
(ii) shall not be brought through class or individual litigation proceedings. If such a claim is advanced by
class proceeding by any other person on your behalf, you will opt out of, or not opt into, such proceedings
as circumstances dictate.

Contact Us

If you have any questions or comments about these Terms, the App, or the Services, contact us at:

Jake Magee

Jake@garnysh.co
418 Pearl Street, Unit 6, Burlington, ON, Canada