MoonPie MoonMate Google Assistant Privacy Policy

Chattanooga Bakery, Inc. d/b/a MoonPie® (“Chattanooga Bakery”) is the owner of MoonPie MoonMate Google Assistant Action (the “Action”). The Action, any associated marks, and the materials contained therein, are protected by applicable copyright and trademark law.

Privacy Notice for MoonPie MoonMate

This Privacy Notice discusses information practices applicable to the Action. The information contained herein applies exclusively to the Action and is not applicable to any website or other online platform owned, maintained, managed, or operated by Chattanooga Bakery. Please read this notice carefully.

The Action is designed to allow user access without disclosure of any personal identifying information. The Action does not collect or store personal or sensitive user data. While the Action does not collect or store such data, users are encouraged to always exercise discretion and sound judgment when communicating any personal information while using online platforms. Alphabet, Inc., or its subsidiary, Google LLC (collectively “Google”) may collect personal information through your use of the Google Assistant service. Before using the Action, you should review Google’s Terms of Use and Privacy Notice to understand how Google may collect, process, share, and use your personal information, such as your verbal commands and interactions with the Action. Additionally, some data necessary for the functionality of the Action may be provided from servers and by services hosted by Amazon Digital Services, LLC (“Amazon”), which may also retain data about of your interactions with the Action. Consult Amazon’s terms of use and privacy policy for details about how such data is handled by Amazon. Perhaps obviously, Chattanooga Bakery is not responsible for the security or privacy practices of third parties.

This notice is effective as of the ‘Last updated’ date below. Your use of the Action signifies your acknowledgement and agreement with this notice. Chattanooga Bakery reserves the right to update or change the notice at any time and users should check this notice periodically. Continued use of the Action following any amendment of this notice constitutes acknowledgment of the modifications and you agree to abide by and be bound to the amended notice.

Terms of Use of MoonPie MoonMate

The following Terms of Service (“Terms”) exist between you and Chattanooga Bakery, Inc. d/b/a MoonPie (“Chattanooga Bakery”) and apply to your use of MoonPie MoonMate Google Assistant Action (the “Action”). These Terms govern your use of the Action on any device. By using or accessing the Action, you agree to these Terms. These Terms are updated from time to time and Chattanooga Bakery reserves the right, in its sole discretion, to modify these Terms at any time without prior notice to you. Your continued use of the Action constitutes acceptance of the Terms, as modified, and therefore you are encouraged to review the Terms periodically. In addition to these Terms, by using or accessing the Action, you agree to comply with any and all applicable laws and regulations. If you do not agree to the Terms as modified, or applicable local, state, or federal laws, you must stop using the Action.

General terms. You understand that use of the Action is voluntary. The Action does not allow direct communication with Chattanooga Bakery; however, you understand that you are solely responsible for all information communicated during use of the Action. Please ensure that you use sound judgment and discretion when communicating any information during use of any online platform or device. To avoid inadvertent communication of information, when using the Action, ensure that you are out of earshot any others with whom you do not want to share such information. Further, it is possible that your Google Assistant, Google Home, Google Nest, Chromecast device or other equipment or device your Action is installed on, and/or Alphabet, Inc. or its subsidiary, Google LLC (collectively “Google”) may record your interactions with the Action or your device. Consult your agreements with Google, including but not limited to Google’s terms of use and privacy policy, for more details about how interactions are treated by Google and your device. Additionally, some data necessary for the functionality of the Action may be provided from servers and by services hosted by Amazon Digital Services, LLC (“Amazon”), which may also retain data about of your interactions with the Action. Consult Amazon’s terms of use and privacy policy for details about how such data is handled by Amazon. Google Assistant and your Google Assistant-enabled device were not designed or manufactured by Chattanooga Bakery, and Chattanooga Bakery does not have control over the software that runs on the device, which includes other third-party applications and third-party data centers. Your device may function with error, and may incorrectly process words, conduct translations, or give inappropriate responses. By accepting these Terms, you understand and agree that Chattanooga Bakery is not responsible for inaccuracies in your interactions with the Action. If you have any issues or doubts about the accuracy of your interactions while using the Action, you agree to contact Chattanooga Bakery directly.

Use of Action “as is,” with no warranty. The Action is intended to be used exclusively for entertainment purposes and you acknowledge that Chattanooga Bakery does not make any representations or warranties concerning the accuracy or validity of outputs communicated to users of the Action. Furthermore, by using the Action you acknowledge that Chattanooga Bakery does not guarantee the security of any information communicated during use of the Action and that Chattanooga Bakery is not responsible for the actions or practices of Google. The Action is provided on an “as is,” “without any warranty,” and “without any liability” basis; therefore, the user bears all risks in using the Action. Chattanooga Bakery does not warrant that the functionality or operation of the Action will be uninterrupted or free from error, that any defects in the Action will be corrected, or that the Action, or the servers that make it available, are free of viruses or other harmful conditions or components. The Action may occasionally be restricted, interrupted, or discontinued due to various conditions, including without limitation in the Action design, network coverage, government regulation, and numerous other situations beyond Chattanooga Bakery’s control.

Disclaimer and waiver. Neither Chattanooga Bakery, nor its affiliates, licensors, agents, contractors or suppliers will have any liability to you for any damages suffered as a result of, arising out of, or in connection with your use of the Action, including, but not limited to any indirect, special, incidental, exemplary, punitive, or consequential loss or damage. To the maximum extent permitted by law, Chattanooga Bakery expressly disclaims all liability and warranties of any kind with respect to the Action, including without limitation, those regarding availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, and noninfringement. You agree not to seek recovery of, and specifically waive all claims, for any damages (including without limitation direct, consequential, lost profits, special, indirect or incidental damages) from Chattanooga Bakery, its affiliates, licensors, agents, contractors or suppliers outside of the conditions set forth in these Terms. You shall indemnify, defend, and hold harmless Chattanooga Bakery, its affiliates, licensors, agents, contractors or suppliers from and against all claims, losses, damages, and expenses: (i) arising out of or in connection with your use of the Action, or (ii) your violation of these Terms.

Governing law and disputes. The Action is controlled and operated in the United States of America. The Terms and this agreement are governed by and interpreted according to the laws of the State of Tennessee, excluding that body of law applicable to conflicts of law. Any lawsuit or other action directed against Chattanooga Bakery, its affiliates, suppliers, or licensors must be filed in the federal or state courts located in Hamilton County, Tennessee, within one year after the date of the event that is alleged to have caused the loss or damage. If Chattanooga Bakery is required to file a lawsuit against you to enforce the Terms, or if you file suit against Chattanooga Bakery, and Chattanooga Bakery prevails, you agree to pay all costs and legal expenses incurred by Chattanooga Bakery, including reasonable attorney’s fees.

Limited license. Chattanooga Bakery grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use the Action in accordance with the Terms. This license grant applies to the Action and all updates, upgrades, and new versions of the Action. You may not rent, lease, or otherwise transfer any rights in the software to a third party. You must comply with the implementation, access, and use requirements contained in the Terms. If you do not comply with the Terms, you will be liable for all resulting damages suffered by you, Chattanooga Bakery and third parties. You agree not to, or attempt to, modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Action or any third party materials or technology, or otherwise create any derivative works from the Action.

If any provision of this agreement is held invalid, void, or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions and Terms shall remain in full force and effect. Chattanooga Bakery’s failure to enforce any right or provision in this agreement will not constitute a waiver of such provision, or any other provision in these Terms.

If you have any questions about MoonPie MoonMate, the Privacy Notice, or the Terms of Use, please contact Chattanooga Bakery, Inc. by mail at 900 Manufacturers Road, Chattanooga, TN 37405, by phone at (423)267-3351 or by e-mail at consumerinquiry@moonpie.com.

Last updated: May 8, 2020