1. Acceptance of Terms

1.1 Agreement to Terms

By creating an account, downloading, or using CookWins (“Service”), you agree to be legally bound by these Terms. If you don’t agree, you may not use the Service.

1.2 Age Requirements

You must be at least:

• 13 years old (United States)
• 16 years old (European Union)
• The age of digital consent in your jurisdiction

If you’re under 18, your parent or guardian must review and agree to these Terms.

1.3 Changes to Terms

We may modify these Terms at any time. Changes will be effective:

• Minor changes: Immediately upon posting
• Material changes: 30 days after email notification

Continued use after changes constitutes acceptance. If you don’t agree with new Terms, you must stop using the Service and may delete your account.

2. License and Restrictions

2.1 License Grant

Subject to these Terms, CookWins grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the mobile app on your personal devices
• Access and use the Service for personal, non-commercial purposes

2.2 Restrictions

You may NOT:

❌ Reverse engineer or attempt to extract source code ❌ Modify, adapt, or hack the app or Service ❌ Use for commercial purposes without written authorization ❌ Copy, distribute, or resell any part of the Service ❌ Circumvent usage limits, paywalls, or technical restrictions ❌ Use automated tools (bots, scrapers) to access the Service ❌ Remove or alter copyright, trademark, or proprietary notices ❌ Create derivative works based on the Service ❌ Interfere with servers, networks, or security features ❌ Access the Service to build a competing product

2.3 Intellectual Property

All rights, title, and interest in CookWins (including AI models, recipes, design, trademarks, and content) are owned by CookWins, Inc. These Terms do not grant you any intellectual property rights except the limited license above.

Trademarks: “CookWins,” our logo, and design marks are protected trademarks. You may not use them without written permission.

3. User Accounts

3.1 Account Creation

To access most features, you must create an account by providing:

• Valid email address
• Secure password
• Accurate information (no fake or misleading data)

You may also sign up via Apple, Google, or Facebook, subject to their terms.

3.2 Account Security

You are responsible for:

• Keeping your password confidential
• All activities under your account
• Notifying us immediately of unauthorized access: support@cookwins.com

We are not liable for losses due to stolen credentials or unauthorized account use.

3.3 Account Termination

By You:

• You may delete your account anytime: Settings → Account → Delete Account
• Deletion is permanent and cannot be undone after 30 days

By Us: We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraud or abuse
• Harm other users or the Service
• Fail to pay subscription fees

We will provide notice unless prohibited by law or in cases of severe violations.

4. Subscriptions and Payments

4.1 Plans and Pricing

Free Plan:

• 10 AI scans per month
• 20 recipe searches per day
• Basic features (shopping lists, saved recipes)
• Ads may be displayed

Premium Plan ($8.99/month):

• Unlimited AI scans
• Unlimited searches
• Ad-free experience
• Priority customer support
• Family sharing (up to 5 members)
• Early access to new features

Annual Plan ($69.99/year):

• All Premium features
• Save 35% compared to monthly plan
• Equivalent to $5.83/month

Prices may vary by region and are subject to change with 30 days’ notice.

4.2 Free Trial

New users get a 7-day free trial of Premium. You won’t be charged during the trial. Cancel before the trial ends to avoid charges.

4.3 Billing

Auto-Renewal:

• Subscriptions auto-renew unless cancelled at least 24 hours before the renewal date
• Your payment method will be charged through Apple App Store or Google Play Store
• You can manage subscriptions in your device settings

Payment Processing:

• All payments are processed by Apple or Google
• We never see or store your credit card information
• Payment disputes must be resolved with Apple/Google per their policies

4.4 Refunds

Refund Policy:

• Refunds are handled by Apple App Store or Google Play Store
• Generally, refunds are not provided for partial periods
• Contact Apple/Google support for refund requests

No Refunds For:

• Unused portions of subscription periods
• Subscription overlaps (if you upgrade/downgrade mid-cycle)
• Account termination for Terms violations

4.5 Changes to Pricing

We may change subscription prices with 30 days’ notice via:

• Email notification
• In-app announcement

Existing subscribers will be grandfathered at their current price for 90 days.

4.6 Taxes

Prices do not include taxes. You are responsible for applicable sales tax, VAT, or other taxes based on your location.

5. User Content and Conduct

5.1 Your Content

You retain ownership of content you create or upload (“User Content”):

• Custom recipes
• Recipe reviews and ratings
• Photos (ingredient lists derived from photos, not the photos themselves)
• Community posts and comments

5.2 License to CookWins

By sharing User Content, you grant CookWins a worldwide, royalty-free, non-exclusive license to:

• Display your content within the Service
• Distribute shared recipes to other users
• Use anonymized data to improve AI models
• Promote the Service (e.g., featuring your recipe in marketing)

This license ends when you delete the content, except for copies made by other users (shared recipes).

5.3 Content Standards

You agree NOT to post content that:

• Is illegal, harmful, or violates others’ rights
• Contains hate speech, harassment, or threats
• Infringes copyright, trademark, or privacy rights
• Is sexually explicit or pornographic
• Promotes self-harm, violence, or dangerous activities
• Contains malware, viruses, or spam
• Is misleading or fraudulent
• Violates any applicable law

5.4 Prohibited Activities

You may NOT:

• Impersonate others or create fake accounts
• Harass, bully, or stalk other users
• Post recipes that are intentionally unsafe or harmful
• Manipulate ratings or reviews
• Spam or send unsolicited messages
• Collect other users’ data without consent
• Interfere with other users’ enjoyment of the Service

5.5 Content Moderation

We reserve the right (but have no obligation) to:

• Monitor, review, or remove User Content
• Suspend or ban users who violate these Terms
• Cooperate with law enforcement

We are not responsible for User Content posted by others.

5.6 Copyright Infringement (DMCA)

If you believe content infringes your copyright:

• Email: dmca@cookwins.com
• Include: Your contact info, description of copyrighted work, location of infringing content, good-faith statement, and signature

We will investigate and may remove infringing content per the Digital Millennium Copyright Act (DMCA).

6. AI and Recipe Generation

6.1 Ingredient Recognition

Our AI analyzes photos to detect ingredients with 85%+ accuracy. However:

• AI may misidentify ingredients
• You should always review and correct detected ingredients
• We are not responsible for incorrect identifications

6.2 Recipe Suggestions

Generated recipes are based on:

• Detected ingredients
• Your dietary preferences
• Community data and algorithms

We do not guarantee:

• Recipe accuracy, taste, or quality
• Suitability for specific dietary needs
• Nutritional information accuracy
• Food safety of generated recipes

6.3 Food Safety Disclaimer

⚠️ IMPORTANT:

• Always use common sense and food safety practices
• Check expiration dates and food freshness
• Follow safe cooking temperatures and techniques
• Consult professionals for severe allergies or medical dietary needs
• CookWins cannot determine if food is safe to eat from a photo

WE ARE NOT LIABLE FOR FOODBORNE ILLNESS, ALLERGIC REACTIONS, OR HARM RESULTING FROM RECIPES.

7. Third-Party Services

7.1 App Stores

By downloading via Apple App Store or Google Play:

• You agree to their terms of service
• Payments and refunds are subject to their policies
• Updates are distributed through their platforms

7.2 Third-Party Links

Our Service may link to external websites or services (e.g., grocery delivery, social media). We:

• Do not control or endorse third-party content
• Are not responsible for their privacy practices
• Recommend reviewing their terms and policies

7.3 Integrations

If you connect third-party services (e.g., Google Calendar, smart fridge APIs):

• You authorize data sharing as described in our Privacy Policy
• Integrations are provided “as is” with no guarantees
• We may discontinue integrations at any time

8. Disclaimers and Warranties

8.1 “As Is” Basis

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability: Fitness for a particular purpose
• Non-Infringement: No violations of third-party rights
• Accuracy: Correctness of information, recipes, or AI predictions
• Reliability: Uninterrupted, error-free, or secure operation
• Quality: Meeting your expectations

8.2 No Professional Advice

CookWins is for informational purposes only. It does NOT provide:

• Medical, nutritional, or dietary advice
• Professional chef or cooking expertise
• Food safety inspections

Consult qualified professionals for health or dietary concerns.

8.3 User Responsibility

You assume all risks associated with:

• Using recipes generated by AI
• Cooking and consuming food
• Following dietary restrictions
• Relying on nutritional information

9. Limitation of Liability

9.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

COOKWINS’ TOTAL LIABILITY for all claims arising from these Terms or your use of the Service SHALL NOT EXCEED:

• The amount you paid to CookWins in the 12 months before the claim, OR
• $100 (whichever is greater)

9.2 Excluded Damages

WE ARE NOT LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, or business opportunities
• Personal injury or property damage (except as required by law)
• Damages from unauthorized access, viruses, or data breaches
• Third-party actions or content

This applies even if we were advised of the possibility of such damages.

9.3 Jurisdictional Variations

Some jurisdictions don’t allow limitation of liability for certain damages. If those laws apply to you, some of the above limitations may not apply.

10. Indemnification

You agree to indemnify, defend, and hold harmless CookWins, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your User Content
• Your violation of these Terms
• Your violation of others’ rights (e.g., privacy, intellectual property)
• Your violation of applicable laws

We reserve the right to assume exclusive defense of any claims, in which case you will cooperate with our defense.

11. Dispute Resolution

11.1 Informal Resolution

Before filing a lawsuit, you agree to contact us at legal@cookwins.com to attempt informal resolution. We’ll try to resolve disputes within 60 days.

11.2 Binding Arbitration

IF INFORMAL RESOLUTION FAILS, you and CookWins agree to resolve disputes through binding arbitration instead of court, except:

• Small claims court (if claim qualifies)
• Injunctive relief (e.g., for intellectual property violations)

Arbitration Terms:

• Governed by the American Arbitration Association (AAA) Consumer Arbitration Rules
• Conducted via video conference or in San Francisco, CA
• Arbitrator’s decision is final and binding
• You may only bring claims in your individual capacity (no class actions)

Costs: Each party pays their own legal fees. We’ll cover AAA filing fees if they exceed small claims court fees.

11.3 Class Action Waiver

YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS. Disputes must be brought individually.

11.4 Opt-Out

You may opt-out of arbitration within 30 days of accepting these Terms by emailing legal@cookwins.com with subject “Arbitration Opt-Out” and your name, email, and opt-out statement.

11.5 Governing Law

These Terms are governed by the laws of Switzerland, without regard to conflict of law principles.

For EU/Swiss Residents: You retain all mandatory rights under your local consumer protection laws. The arbitration clause in Section 11.2 does not apply to you - you have the right to bring disputes in your local courts as provided by EU/Swiss consumer protection law.

12. Miscellaneous

12.1 Entire Agreement

These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and CookWins.

12.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

12.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

12.4 Assignment

You may not assign these Terms. We may assign or transfer our rights to affiliates, successors, or acquirers without notice.

12.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (e.g., natural disasters, pandemics, war, strikes, government actions).

12.6 Export Controls

You agree to comply with all export laws. You may not use the Service if you’re located in an embargoed country or on a restricted parties list.

12.7 Survival

Sections that should survive termination (e.g., disclaimers, liability limitations, indemnification, dispute resolution) will remain in effect.

13. Contact Information

For Questions About These Terms:

• Email: legal@cookwins.com
• Response time: Within 30 days

Mailing Address: CookWins Legal Department Alberweg 1 9470 Buchs SG Switzerland

For Customer Support:

• Email: support@cookwins.com
• In-App: Settings → Help & Support