By accessing or using the BagRescue service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and Vakil Ventures, LLC, a New York limited liability company doing business as BagRescue ("BagRescue," "we," "us," or "our").

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

Your use of the Service, including creating an account, linking a Too Good To Go account, or subscribing to a plan, constitutes your electronic acceptance of these Terms.

BagRescue provides automated monitoring and notification services for Too Good To Go surprise bags. Depending on your subscription plan, the Service may include:

• Monitoring Too Good To Go stores for bag availability
• Sending notifications when bags become available
• Automatically reserving bags on your behalf (auto-reserve)
• Automatically purchasing bags using your Too Good To Go payment method (auto-purchase)
• Scheduling pickup days for bag monitoring

The features available to you depend on your subscription tier (Free or Pro).

BagRescue relies on third-party platforms and interfaces that are not under our control. The Service is inherently experimental in nature and may cease to function at any time, temporarily or permanently, due to changes made by Too Good To Go or other third parties.

You acknowledge that the functionality of the Service depends on the continued availability and compatibility of third-party APIs, services, and platforms. We make no representations or warranties regarding the continued availability of any third-party platform or the ongoing compatibility of the Service with such platforms.

The Service should be treated as a convenience tool, not a guaranteed or mission-critical service. You should not rely on BagRescue as your sole means of monitoring or purchasing surprise bags.

BagRescue is not affiliated, associated, authorized, endorsed by, or in any way officially connected with Too Good To Go ApS, Too Good To Go Inc., or any of their subsidiaries or affiliates. The "Too Good To Go" names and trademarks are the property of their respective owners.

Too Good To Go may change, restrict, or discontinue its API, services, or access methods at any time without notice. Such changes may affect the functionality of BagRescue, and we are not responsible for any impact caused by Too Good To Go's actions.

Your use of BagRescue may violate Too Good To Go's Terms of Service. By using BagRescue, you acknowledge this risk and accept full responsibility for any consequences to your Too Good To Go account, including but not limited to account suspension, termination, or restrictions imposed by Too Good To Go.

To use the Service, you must create an account and may optionally link your Too Good To Go account. By linking your Too Good To Go account, you represent and warrant that:

• You are the authorized owner of the Too Good To Go account
• You have the right to authorize BagRescue to access the account on your behalf
• You are solely responsible for all activity that occurs through your linked Too Good To Go account

You are responsible for maintaining the security of your account credentials. BagRescue reserves the right to suspend or terminate your account at its sole discretion, with or without notice, for any reason.

• All payments are processed by Stripe. By subscribing, you agree to Stripe's terms of service.
• Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
• All subscriptions include a 3-day free trial. You will not be charged until the trial period ends. You may cancel at any time during the trial without being charged.
• No refunds are provided for partial billing periods. When you cancel, your subscription remains active until the end of the current billing period.
• We reserve the right to change pricing at any time. Existing subscribers will be notified of pricing changes before their next billing period.
• No refunds or credits are owed if the Service becomes unavailable or degraded due to changes made by Too Good To Go or other third parties beyond our control. Your sole remedy in such circumstances is to cancel your subscription.

BagRescue may offer a referral program that allows you to invite others to the Service in exchange for rewards such as account credits or subscription discounts. Referral reward amounts, types, and timing are determined by BagRescue and may vary. By participating, you agree that:

• Referral codes are for personal, non-commercial use and may not be posted on coupon or deal aggregator sites, or distributed through paid advertising
• You may not refer yourself using alternate accounts, email addresses, or any other method to claim referral rewards
• Each new user may only be referred once; duplicate referrals for the same person will not be honored
• Referral rewards are subject to caps and expiration periods as determined by BagRescue and may change at any time
• Referrer rewards may be delayed until the referred user has maintained an active paid subscription for a qualifying period as determined by BagRescue
• If the referred user refunds their payment, initiates a payment dispute, or cancels their subscription before the qualifying period, any referral rewards already issued to the referrer may be reversed
• Each BagRescue account must be associated with a unique Too Good To Go account. You may not use the same Too Good To Go account across multiple BagRescue accounts to claim referral rewards
• BagRescue may verify referral eligibility using your linked Too Good To Go account information to prevent fraud and abuse
• BagRescue reserves the right to revoke referral rewards, suspend referral privileges, or terminate accounts engaged in referral abuse or fraud
• Referral credits have no cash value and are non-transferable

BagRescue may modify, suspend, or discontinue the referral program at any time without prior notice.

The Service may allow you to submit content such as reviews, ratings, photographs, and text descriptions ("User Content"). By submitting User Content, you represent and agree that:

• You are the original creator of the content or have all necessary rights and permissions to submit it
• Your content does not infringe on the intellectual property, privacy, or other rights of any third party
• Your content is truthful and based on your genuine experience with the Service
• You grant BagRescue a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, display, reproduce, modify, and distribute your User Content in connection with the Service and its promotion, including on the BagRescue website and social media channels
• BagRescue may moderate, edit, or remove User Content at its sole discretion, including content that is false, misleading, offensive, or in violation of these Terms

User Content is subject to review and approval before being published. Submitting content does not guarantee that it will be displayed on the Service.

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to resell or commercially distribute Too Good To Go surprise bags
• Attempt to circumvent subscription plan limits or feature restrictions
• Create multiple accounts to circumvent plan limits, abuse promotional offers, or exploit the referral program
• Use the same Too Good To Go account across multiple BagRescue accounts
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service in any manner that could damage, disable, or impair BagRescue or Too Good To Go's servers or networks

BagRescue does not guarantee that surprise bags will be available at any particular store, time, or frequency. You acknowledge and agree that:

• Store monitoring may miss bag availability due to network latency, rate limiting, Too Good To Go API changes, or other technical factors
• Auto-reserve and auto-purchase may fail due to competition from other users, technical errors, payment failures, or Too Good To Go platform issues
• Bag availability is determined solely by Too Good To Go and participating stores, not by BagRescue
• Notifications may be delayed or undelivered due to factors beyond our control
• The speed and reliability of monitoring depends on multiple factors including Too Good To Go's API response times and rate limits

While BagRescue is designed to mimic natural usage patterns, we cannot guarantee that Too Good To Go will not detect or take action against automated access. BagRescue is not responsible for any consequences to your Too Good To Go account.

In the event of a security breach affecting your personal data or Too Good To Go credentials, BagRescue will:

• Notify affected users via email within 72 hours of confirming the breach
• Describe the nature of the breach and the categories of data affected
• Take reasonable steps to mitigate the effects of the breach, including invalidating stored Too Good To Go credentials where appropriate
• Cooperate with applicable regulatory authorities as required by law

Notwithstanding the above, BagRescue's liability for any data breach remains subject to the Limitation of Liability set forth in Section 12. You acknowledge that you have voluntarily provided your credentials as described in Section 6 and have assumed the associated risks.

You agree to indemnify, defend, and hold harmless BagRescue, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of any third party, including Too Good To Go
• Any consequences to your Too Good To Go account resulting from your use of the Service
• Any claims by third parties related to actions taken through your linked Too Good To Go account

This indemnification obligation survives the termination of these Terms and your use of the Service.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in New York, New York, unless both parties agree to a different location or to proceed via telephone or video conference.

You and BagRescue agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against BagRescue.

You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement.

Payment of arbitration fees shall be governed by the AAA Consumer Arbitration Rules. For claims under $75,000, BagRescue will pay all filing, administration, and arbitrator fees. Each party bears its own attorneys' fees unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within its jurisdiction.

The Service and its original content, features, and functionality are owned by BagRescue and are protected by copyright, trademark, and other intellectual property laws. Your use of the Service grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

Upon termination, the following provisions survive: Assumption of Risk, Disclaimer of Warranties, Limitation of Liability, Data Breach, Indemnification, Arbitration & Class Action Waiver, Account Deletion & Data Retention, and Governing Law.

You may delete your account at any time from the settings page. Upon deletion:

• Your account is immediately soft-deleted: your Stripe subscription is canceled and monitoring of your stores stops. Your Too Good To Go credentials remain encrypted on our systems during the grace period so your connection can be restored if you reactivate
• During the 30-day soft-delete period, you may reactivate your account by simply logging back in. Your account will be fully restored, including your monitored stores and preferences
• After 30 days, your account is permanently purged. All Too Good To Go credentials are permanently deleted, personal information (name, profile image) is anonymized, and associated records (monitored stores, activity logs, orders, notification preferences, reviews) are permanently deleted
• Following a permanent purge, we retain your email address, account creation date, deletion date, and subscription history for fraud and trial-abuse prevention, legal compliance, and aggregate revenue reporting
• Purged accounts cannot be restored. If you wish to use the Service again after purging, you must create a new account

For further details on data retention, see our Privacy Policy.

BagRescue shall not be liable for any failure or delay in performing its obligations where such failure or delay results from causes beyond its reasonable control, including but not limited to: Too Good To Go service outages or API changes, internet or network failures, natural disasters, acts of government, pandemics, labor disputes, power failures, or third-party service provider outages.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and BagRescue regarding the Service, and supersede all prior agreements and understandings.

Waiver: The failure of BagRescue to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. BagRescue may assign these Terms without restriction.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

If you have any questions about these Terms, please contact us at:

[email protected]