Terms of Service

Effective Date: April 5, 2026 · Last Updated: April 5, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “user”) and Oysterminds™ (“Oysterminds,” “we,” “us,” or “our”), governing your access to and use of the Oysterminds progressive web application at app.oysterminds.com (the “App”).

By accessing or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.

1. Acceptance of Terms

By creating an account, linking an email address, or otherwise using the App, you represent that you are at least 16 years of age and have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Account Terms

  • Each individual may maintain only one account.
  • You must provide a valid email address to create an account.
  • Authentication is performed exclusively via email-based magic links. No password is used or stored.
  • You are solely responsible for the security of the email account you use to authenticate with Oysterminds. We are not responsible for unauthorized access to your Oysterminds account resulting from compromise of your email account.
  • You must not share, transfer, or sell your account or access credentials.
  • We reserve the right to suspend or terminate any account that violates these Terms, at our sole discretion, with or without notice.

3. Intellectual Property

All content on Oysterminds — including but not limited to oyster variety profiles, tasting notes and scores, editorial articles, flavor descriptions, pairing guides, lemon guides, the curated oyster database, visual design, logos, icons, and the underlying software — is the proprietary property of Oysterminds™ or its licensors, and is protected by United States and international copyright, trademark, and intellectual property laws. All rights reserved.

No part of the App’s content may be reproduced, redistributed, republished, scraped, downloaded in bulk, transmitted, or commercially exploited in any form without the prior written consent of Oysterminds™.

3.1 DMCA Copyright Policy

Oysterminds respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, we will respond promptly to claims of copyright infringement committed using the App.

3.2 Reporting Copyright Infringement

If you believe content available on or through Oysterminds infringes your copyright, send a notification to our designated agent containing:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
  • Identification of the material claimed to be infringing, with information reasonably sufficient to permit us to locate it (e.g., a URL or screenshot).
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Oysterminds™
Attn: DMCA Agent
Email: support@oysterminds.com

Please include “DMCA Takedown Notice” in the subject line.

3.3 Counter-Notification

If you believe material you posted was removed or disabled by mistake or misidentification, you may file a counter-notification with us. It must include:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled, and the location at which it appeared before removal.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which Oysterminds may be found), and that you will accept service of process from the person who provided the original takedown notification or an agent of such person.

3.4 Repeat Infringers & Good Faith

In accordance with the DMCA, we will terminate, in appropriate circumstances, the accounts of users who are repeat infringers. Note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys’ fees.

4. User-Generated Content (Tasting Logs)

You own your data. All tasting log entries — including oyster names, dates, and notes — that you create within the App remain your property. Oysterminds does not claim ownership of any user-generated content.

By using the App, you grant Oysterminds™ a limited, non-exclusive, revocable license to store, process, and display your tasting log data solely for the purpose of providing the App’s services back to you. This license terminates immediately upon deletion of your account.

We do not use, publish, sell, or share individual user tasting data with any third party. We do not use your tasting data for editorial, marketing, advertising, or any other purpose beyond providing the service to you.

5. Prohibited Use

You agree not to:

  • Scrape, crawl, spider, harvest, or otherwise automatically extract content from the App
  • Reproduce, redistribute, republish, or commercially use the App’s content without written permission
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
  • Circumvent, disable, or interfere with any security or access-control features of the App
  • Use the App for any unlawful purpose or in violation of any applicable law or regulation
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity
  • Interfere with or disrupt the integrity or performance of the App or its infrastructure
  • Attempt to gain unauthorized access to any portion of the App, other accounts, or any systems or networks connected to the App
  • Use automated tools, bots, or scripts to access or interact with the App, except as expressly permitted

6. Food Safety & Allergen Disclaimer

IMPORTANT — PLEASE READ CAREFULLY. Oysters and other shellfish are classified as a major food allergen under federal law (Food Allergen Labeling and Consumer Protection Act). Consumption of raw or undercooked shellfish carries inherent risks, including but not limited to: severe allergic reaction (anaphylaxis), Vibrio vulnificus and Vibrio parahaemolyticus infection, norovirus, hepatitis A, and other foodborne illnesses.

Oysterminds is an editorial reference application. It provides curated opinion, tasting profiles, and general information about oyster varieties. It does not constitute and shall not be construed as medical, dietary, allergen, nutritional, or food safety advice.

If you have a shellfish allergy, a compromised immune system, are pregnant, or have any medical condition that may be affected by shellfish consumption, consult a qualified healthcare professional before consuming oysters or any shellfish. Do not rely on information in this App to make health or dietary decisions.

Risks also include naturally occurring biotoxins, including those that cause paralytic shellfish poisoning (PSP), diarrhetic shellfish poisoning (DSP), and amnesic shellfish poisoning (ASP).

Oyster characteristics — flavor, salinity, texture, and appearance — vary significantly with season, harvest location, water temperature, growing method, handling, storage, and individual specimen. Profiles and descriptions in the App are editorial assessments and may not match your individual experience.

Oysterminds™ expressly disclaims all liability for any illness, injury, allergic reaction, hospitalization, or death arising from the consumption of oysters or shellfish, whether or not influenced by content in this App. By using the App, you acknowledge these risks and agree that Oysterminds bears no responsibility for your food consumption decisions.

7. Disclaimers

No professional advice. Oysterminds provides editorial opinion and curated reference material. It does not constitute professional food safety, allergen, medical, dietary, nutritional, or culinary advice. Individuals with shellfish allergies, dietary restrictions, or health concerns should consult qualified professionals.

Accuracy. While Oysterminds strives for accuracy, tasting profiles and scores reflect editorial assessment and individual judgment. Oyster characteristics vary by season, harvest location, growing method, water temperature, salinity, handling, and individual specimen. Your experience may differ from our descriptions. We make no warranty or representation that any content is complete, current, or error-free.

“AS IS” basis. THE APP AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OYSTERMINDS™ DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OYSTERMINDS™, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

  • Your access to, use of, or inability to use the App
  • Any conduct or content of any third party on or related to the App
  • Any content obtained from the App
  • Unauthorized access to, alteration of, or loss of your data
  • Any decision you make or action you take based on content in the App, including but not limited to decisions about food consumption

IN NO EVENT SHALL OYSTERMINDS™’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO OYSTERMINDS™ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

You agree to indemnify, defend, and hold harmless Oysterminds™, its officers, directors, members, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any rights of any third party.

10. Account Deletion

You may request deletion of your account and all associated data at any time by using the “Delete my account” feature within the App, or by sending a request to support@oysterminds.com. Upon receiving your request:

  • All personal data, including your email address, tasting log entries, and session data, will be permanently deleted within 30 days.
  • A confirmation email will be sent to the email address associated with your account.
  • Deletion is irreversible after the 30-day recovery window.

11. Data Portability

You may export your tasting log data at any time in JSON format (a structured, machine-readable format) by using the “Download my data” feature within the App, or by contacting us at support@oysterminds.com.

12. Service Availability

Oysterminds is provided on an “as available” basis. We do not guarantee any specific level of uptime, availability, or performance. We may modify, suspend, or discontinue the App (or any part of it) at any time, with or without notice.

If we permanently discontinue the App, we will make reasonable efforts to provide you with at least 30 days’ notice and an opportunity to export your data before termination of the service.

13. Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Last Updated” date and, where practical, notify you via the App or by email. Your continued use of the App after any modification constitutes acceptance of the updated Terms. If you do not agree with the modified Terms, your sole remedy is to stop using the App and delete your account.

14. Right to Modify Content

We reserve the right to change, update, correct, remove, or replace any content on the App at any time, including but not limited to oyster profiles, tasting scores, editorial articles, pairing guides, and any other materials, without prior notice and without liability.

15. Electronic Communications Consent

By creating an account or using the App, you consent to receiving electronic communications from us, including but not limited to: magic link authentication emails, account deletion confirmations, data breach notifications, and service-related announcements. These communications are transactional in nature and are not marketing emails. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. Third-Party Links & Resources

The App may contain links to third-party websites, resources, or services, including but not limited to oyster farms, restaurants, producers, or external educational materials. These links are provided for your convenience only. Oysterminds does not endorse, control, or assume responsibility for the content, privacy policies, practices, or availability of any third-party website or resource. Your interactions with third-party websites are solely between you and that third party, and you access them at your own risk.

17. Force Majeure

Oysterminds™ shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions or orders, labor disputes, power failures, internet or telecommunications failures, failures of third-party hosting or infrastructure providers, cyberattacks, or any other event outside our reasonable control.

18. Governing Law & Dispute Resolution

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 provisions. Any legal action or proceeding arising out of or relating to these Terms or the App shall be brought exclusively in the state or federal courts located in the State of New York, and you hereby consent to the personal jurisdiction of such courts.

19. Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the waiver of such provision shall not be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Oysterminds™. Oysterminds™ may assign these Terms, in whole or in part, without restriction and without notice, including to any successor or affiliate in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

22. Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Oysterminds™ regarding the App and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral.

23. Contact Us

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

Oysterminds
Email: support@oysterminds.com