Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Spoonify, Inc. (“Spoonify,” “we,” “us,” or “our”) governing your access to and use of the Spoonify website, mobile applications, APIs, and related services (collectively, the “Service”).

By creating an account, tapping a button that says “I agree,” or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you are using Spoonify on behalf of an organization, you represent that you have authority to bind that organization to these Terms, in which case “you” refers to that organization.

You must be at least 13 years old (or the minimum age required by your country) to create a Spoonify account. If you are under the age of majority where you live, you may only use the Service with the involvement of a parent or legal guardian who agrees to these Terms on your behalf.

The Service is not available to anyone previously removed from Spoonify, or to anyone located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country.

When you create an account you must provide accurate information and keep it up to date. You are responsible for everything that happens under your account, and for keeping your credentials secure. Notify us immediately at support@spoonify.app if you believe your account has been compromised.

You may close your account at any time from the Spoonify app. We may retain certain information after closure as described in our Privacy Policy, and some content you have shared publicly (for example, comments on other people's recipes) may remain visible.

Spoonify lets you publish recipes, photos, videos, comments, collections, and other materials (your “Content”). You retain all rights you already have in your Content. We do not claim ownership of it.

To operate the Service, you grant Spoonify a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for example, to resize an image or transcode a video), create derivative works (such as previews), publish, publicly display, publicly perform, and distribute your Content. This license exists only for the purpose of operating, providing, improving, and promoting the Service, and ends when you delete your Content or close your account, except:

• Content that you have shared with others may persist where they have interacted with it (for example, in a cookbook another cook saved).
• We may retain backup copies for a limited period as part of routine backup and disaster-recovery processes.

You represent and warrant that you own your Content or have the rights necessary to grant the license above, and that your Content does not infringe anyone else's rights.

Recipes are a special kind of Content. A list of ingredients is generally not protectable by copyright, but the way a recipe is expressed — its photographs, headnotes, instructions, and creative arrangement — can be. When you publish a recipe on Spoonify:

• Publish only what you have the right to publish. If you adapted a recipe from someone else, give credit and link back where you can.
• Do not copy another creator's headnotes, photographs, or method text without permission.
• We may remove recipes that we determine, in our reasonable discretion, infringe third-party rights or violate these Terms.

Other Spoonify users may save your public recipes to their personal cookbooks, share links to them, and leave reviews. They may not republish your full recipe outside the Service without your permission.

You agree not to use the Service to:

• Post Content that is unlawful, defamatory, harassing, hateful, sexually explicit, violent, or that exploits minors.
• Impersonate any person or entity, or misrepresent your affiliation with anyone.
• Share dangerous “recipes” or instructions intended to cause physical harm, including content that promotes eating disorders or unsafe food preparation that a reasonable person would consider hazardous.
• Scrape, crawl, or use automated tools to extract data from the Service, except as expressly permitted by robots.txt or a written agreement with us.
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent applicable law permits.
• Interfere with the Service, including by sending spam, posting malware, probing for vulnerabilities without authorization, or attempting to overwhelm our systems.
• Use the Service, or any Content on it, to train machine learning or generative AI models, except with our prior written permission or as permitted by law.

We may investigate suspected violations and may remove Content, suspend accounts, or take other action we believe is appropriate. We are not obligated to monitor Content, but we may.

If you send us ideas, suggestions, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without compensation to you. We love it, by the way — keep it coming.

Some features of Spoonify require payment, including premium subscriptions and paid recipes published by creators (“Paid Features”). Pricing, billing frequency, and cancellation rules are disclosed at the point of purchase.

Billing

Subscriptions automatically renew at the end of each billing period until you cancel. You authorize us (and our payment processors, including Apple, Google, and Stripe) to charge your designated payment method for each renewal. If a charge fails, we may retry and may suspend Paid Features until the balance is paid.

Cancellation and refunds

You can cancel a subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. Except where required by law, payments are non-refundable and we do not offer refunds or credits for partial periods, unused time, or deleted accounts.

Purchases made through the Apple App Store or Google Play are subject to those platforms' refund policies, and refunds for those purchases must be requested from the platform.

Price changes

We may change prices for Paid Features. If we do, we will give you notice and an opportunity to cancel before the change takes effect.

If you publish paid recipes, run a paid subscription, or otherwise receive payments through Spoonify (a “Creator”), additional terms apply.

Payouts

Creator payouts are processed by Stripe Connect under Stripe's Connected Account Agreement. You must complete identity verification and tax information before we can pay you. Spoonify retains a platform fee disclosed in your Creator dashboard. Payouts are made on a rolling basis subject to minimum thresholds and applicable holds.

Taxes

You are responsible for determining, collecting, reporting, and remitting any taxes that apply to your earnings on Spoonify. We may be required by law to collect tax information from you and to report your earnings to tax authorities.

Refunds and chargebacks

If a buyer requests a refund within our published refund window for paid recipes, or successfully disputes a charge, we may reverse the corresponding portion of your payout and deduct associated fees.

Content standards for paid recipes

Paid recipes must be original, accurate, tested at home, and free of undisclosed sponsorship or AI-generated text presented as original work. We may remove paid recipes that do not meet these standards and refund affected buyers at your cost.

The Service may contain links to, or integrate with, third-party services (for example, Apple, Google, Stripe, Supabase, and grocery delivery partners). We are not responsible for the content, policies, or practices of third-party services, and your use of them is governed by their own terms.

The Service, including its software, design, look and feel, and the Spoonify name and logos, is owned by Spoonify or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a personal, limited, non-transferable, non-sublicensable, revocable license to access and use the Service for non-commercial personal use, and for Creators, for the limited commercial purposes contemplated by these Terms.

All rights not expressly granted to you are reserved by Spoonify and its licensors.

We respect the intellectual property rights of others and respond to notices that comply with the Digital Millennium Copyright Act (“DMCA”) and similar laws. If you believe Content on Spoonify infringes your copyright, send a notice to our designated agent at legal@spoonify.app with:

• Your physical or electronic signature.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the material you claim is infringing, with enough detail for us to locate it (a URL is helpful).
• Your contact information.
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner of the right or are authorized to act on the owner's behalf.

We will terminate the accounts of users we determine to be repeat infringers in appropriate circumstances.

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or if we discontinue the Service. We will give you reasonable notice where practical.

You may stop using the Service at any time. The sections that by their nature should survive termination will survive, including the license you grant in Section 4, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

Spoonify is a platform for sharing recipes and cooking inspiration. Recipes and cooking content on Spoonify are provided for general informational purposes and are not professional advice. Cook responsibly: handle food safely, use common sense around heat and knives, and consult a qualified professional about allergies, dietary restrictions, or medical conditions.

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Spoonify disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any Content will be accurate.

To the maximum extent permitted by law, Spoonify and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or related to your use of the Service.

In no event will Spoonify's total liability for any claims arising out of or related to these Terms or the Service exceed the greater of (a) the amount you paid to Spoonify in the twelve months before the event giving rise to the liability, or (b) one hundred U.S. dollars (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to indemnify and hold harmless Spoonify and its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your Content, (c) your violation of these Terms, or (d) your violation of any law or the rights of any third party.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Wilmington, Delaware, and you and Spoonify consent to personal jurisdiction in those courts. Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction.

Class action waiver. To the extent permitted by law, you and Spoonify agree that each may bring claims only on an individual basis and not as a plaintiff or class member in any class or representative action.

We may update these Terms from time to time. When we make material changes, we will notify you in the Service or by email at least seven days before the changes take effect, unless the change is required to be effective immediately to comply with law. Your continued use of the Service after the effective date means you accept the updated Terms.

• Entire agreement. These Terms and the documents they incorporate are the entire agreement between you and Spoonify about the Service.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Severability. If any provision is found unenforceable, the remaining provisions will remain in effect.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Notices. We may send you notices through the Service, by email, or by other reasonable means.