Terms of Service

Effective date: [DATE] · Last updated: [DATE]

Draft notice. This document is a starting template for a globally distributed consumer mobile app. Items in [BRACKETS] need to be completed before publication. Have it reviewed by qualified legal counsel in your primary jurisdiction (Netherlands / EU) before launch.

1. Agreement to these Terms

These Terms of Service (the "Terms") form a binding legal agreement between you ("you", "user") and:

Arjan Schoof, a natural person established in the Netherlands at Voorstraat 44, [POSTCODE] Velddriel, acting as a sole trader [, registered with the Dutch Chamber of Commerce (KvK) under number [KVK NUMBER]] ("Fork&Spoon", "we", "us", "our").

The Terms govern your access to and use of the Fork&Spoon mobile application, the website forkandspoon.app and any related services (together, the "Service").

By creating an account, installing the App, or otherwise using the Service, you confirm that you have read and agree to these Terms and to the Privacy Policy. If you do not agree, do not use the Service.

Where you use the Service through the Apple App Store or Google Play Store, additional terms imposed by Apple or Google also apply (see §16).

2. Eligibility

You may use the Service only if you are at least 13 years old (or 16 in the EEA/UK, or the minimum digital-consent age in your jurisdiction) and you have the legal capacity to enter into a binding contract, or you have the consent of your parent or legal guardian.

We may refuse, suspend or terminate accounts at our reasonable discretion, in particular where required to comply with law or to protect the Service and other users.

3. Your account

You need an account to use most of the Service. You can sign up with e-mail, Sign in with Apple or Google Sign-In. You agree to provide accurate and current information, keep your credentials confidential, enable biometric or device-level protection where available, and notify us promptly at support@forkandspoon.app of any unauthorised access.

You can delete your account at any time from Profile → Settings → Delete my account.

4. The Service

Fork&Spoon helps you store, organise and share recipes and cookbooks; import recipes from URLs, photos, YouTube videos and external recipe databases; plan weekmenus and generate shopping lists; use AI features for recipe generation, recipe-image generation, AI chat, weekmenu planning and ingredient categorisation; and sync your data across devices.

The Service is provided "as is" and "as available". Features, content libraries, AI models, storage limits, integrations and pricing may evolve over time — see §5 below, which is fundamental to how this Service works.

5. Changes to features, plans and the Service

5.1 Our right to modify the Service

You acknowledge and agree that we operate a live, evolving consumer service. We may, at our reasonable discretion and at any time, without prior individual notice except where required below:

add, modify, replace, limit, suspend or remove any feature, integration, AI model, content source or part of the Service — including, by way of example, AI recipe-image generation, AI chat, AI weekmenu generation, URL/YouTube import, external recipe search, sharing, offline mode, or any specific AI provider or model;
introduce or change quotas, fair-use limits, rate limits, credit costs or monthly allowances for AI features and any other usage-based functionality;
decommission features that are economically or technically no longer viable, that are abused, that violate third-party terms, or that we replace with a different implementation;
change supported devices, operating-system versions and minimum App versions;
change the providers we route requests through (e.g. swap AI providers).

This flexibility is essential because (i) AI usage costs can scale unpredictably, (ii) the underlying AI and image-generation models evolve, (iii) third-party APIs we rely on can change their own terms or pricing, and (iv) we need to be able to respond to abuse.

5.2 What we will do for paid subscribers

If we materially and adversely change a feature that is a core, paid component of your active subscription, we will:

give you at least 30 days' advance notice in the App and by e-mail before the change takes effect;
allow you to cancel your subscription before the change becomes effective; and
on request, refund the unused, prepaid portion of your current billing period on a pro-rata basis, processed where possible via the App Store or Google Play.

Improvements, bug fixes, security updates, anti-abuse measures, beta features, and changes to features that are not part of your paid plan are not "material and adverse" changes.

5.3 Changes to the Terms

We may amend these Terms (e.g. for legal, regulatory or product reasons). We will notify you of material changes at least 14 days before they take effect, in the App and by e-mail. Continued use after the effective date constitutes acceptance.

6. Subscriptions, free tier, trials and billing

6.1 Free tier

Fork&Spoon offers a free tier with limited functionality. We may change its contents as described in §5.

6.2 Paid plans

Paid plans unlock AI features, larger quotas and additional functionality as described on our pricing screen at the time of purchase. Plan names, prices, included features, AI credits and trial durations are shown in the App before you confirm a purchase.

6.3 Where the contract is concluded

Subscriptions are sold through and billed by Apple (App Store) or Google (Google Play), not directly by us. Receipt validation and entitlement management is performed via RevenueCat.

6.4 Auto-renewal

Subscriptions renew automatically at the price and frequency disclosed at purchase, unless you cancel at least 24 hours before the end of the current period. You can cancel any time:

iOS: Settings → [Your Name] → Subscriptions;
Android: Google Play → Profile → Payments & subscriptions → Subscriptions.

6.5 Free trials and trial credits

We may offer free trials and trial AI credits. Trial terms are disclosed before you start. If you do not cancel before the trial ends, you will be charged the regular subscription price. Trial credits do not roll over to the paid period.

6.6 Refunds

Refunds for App Store and Google Play purchases are handled by Apple and Google according to their policies. We cannot issue refunds for purchases made through them directly, but we will support reasonable requests where we can.

EU/EEA consumers' right of withdrawal. For digital content where the right of withdrawal would otherwise apply, you expressly agree that performance begins immediately upon purchase and you acknowledge that you therefore lose your 14-day right of withdrawal once the digital content has been delivered (Art. 16(m) Directive 2011/83/EU). This does not affect statutory remedies for non-conformity.

6.7 Price changes

We may change subscription prices for future billing periods. Apple or Google will notify you in accordance with their procedures, and where required ask you to consent before charging the new price.

7. AI features — important user disclosures

You acknowledge and agree that:

AI features generate content based on probabilistic models that can be incorrect, incomplete or misleading, including recipes that omit allergens, suggest unsafe quantities or describe techniques that are unsafe for inexperienced cooks.
Fork&Spoon is not a medical, nutritional, allergen-safety or food-safety service. AI output is not professional dietary, medical or allergy advice. You must verify ingredients and methods against trusted sources before cooking.
AI-generated images are illustrative only and may not accurately depict the recipe or final dish.
We may log AI prompts and outputs for abuse prevention, quality and safety as described in the Privacy Policy.
AI features are metered: credits do not have monetary value, cannot be exchanged for cash, and may expire or be adjusted in line with §5.
We may apply abuse-prevention measures including rate-limiting, throttling, content filtering and refusing or interrupting requests.

8. Your content and licence to us

"Your Content" means recipes (including those you import or generate with AI assistance), photos you upload, notes, ratings, shopping lists, weekmenu entries, chat messages and any other material you submit to the Service.

8.1 Ownership

As between you and us, you retain all rights you have in Your Content. We do not claim ownership.

8.2 Licence to operate the Service

You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, transmit, display, adapt and process Your Content for the sole purposes of operating, providing, securing and improving the Service for you and for users you have shared with — including syncing across devices, generating thumbnails, transforming images for delivery, transmitting it to AI providers when you use AI features, and showing it to people you have invited to a shared cookbook or recipe.

This licence ends when you delete Your Content or your account, except for backup copies that are deleted on the schedule in the Privacy Policy, and for content you have shared with other users.

8.3 No use for training third-party models

We do not use Your Content to train third-party foundation models, and our contracts with AI providers prohibit them from doing so.

8.4 Your responsibilities

You represent and warrant that you own Your Content or have all rights necessary to submit it, that Your Content does not infringe any third-party rights or applicable law, and that you do not submit personal data of other people without an appropriate legal basis.

8.5 Recipes imported from third-party sources

When you import a recipe from a URL, YouTube video, photo or external recipe database, you are responsible for ensuring that your use complies with the source's terms and applicable copyright law.

9. Acceptable use

You agree not to:

use the Service to violate any law or third-party right;
submit unlawful, infringing, defamatory, harassing, hateful, obscene, sexually explicit, violent or otherwise inappropriate content;
use AI features to generate illegal or hateful content, sexual depictions of minors, personal data of identifiable individuals without basis, or content you intend to pass off as non-AI-generated in violation of law;
attempt to bypass quotas, credit metering, paywalls or rate limits, or share an account in a way that circumvents per-user limits;
reverse-engineer, decompile or disassemble the App, except to the extent expressly permitted by mandatory law;
scrape, crawl, batch-export or systematically copy data from the Service;
use the Service to build a competing product or train a machine-learning model;
introduce malware, perform load attacks, or probe for vulnerabilities without authorisation;
use automated means (bots, scripts) other than features we explicitly offer.

If you discover a security vulnerability, please report it responsibly to security@forkandspoon.app.

10. Intellectual property

The Service, including its software, design, trademarks, logos, copy and content (other than Your Content and content from third-party sources), is owned by Fork&Spoon or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the App on devices you own or control, solely for your personal, non-commercial use of the Service.

11. Sharing and collaboration

Some features let you share recipes or cookbooks with other users via e-mail invitations or share links. When you share, you authorise us to make Your Content visible to the people you have invited. You can revoke access at any time from the App. Share links are unguessable but anyone holding a valid link may access the shared recipe in a read-only web view.

12. Termination

You may stop using the Service at any time and delete your account. We may suspend or terminate your access (in whole or in part) for material breach of these Terms, legal/regulatory or third-party risk, prolonged non-use of a free account (with notice), or if we cease to operate the Service (with reasonable notice and pro-rata refund for paid subscribers). The sections that by their nature should survive (e.g. §§ 7, 8, 10, 13, 14, 15, 18) will survive termination.

13. Disclaimers

To the maximum extent permitted by applicable law:

the Service is provided "as is" and "as available", without warranties of any kind;
we do not warrant that AI-generated recipes are nutritionally balanced, safe to eat, allergen-free, suitable for any diet, or accurate in any way; always verify before cooking;
we do not guarantee availability in your country, on your device, or compatibility with future operating systems;
we are not responsible for content of third-party services we link to or import from.

Nothing in this section excludes liability that cannot be excluded under applicable consumer-protection law. EU/EEA consumers continue to benefit from all mandatory statutory rights.

14. Limitation of liability

To the maximum extent permitted by applicable law:

our aggregate liability for any claim arising out of or in connection with the Service or these Terms is limited to the greater of (a) the amount you paid to us via Apple or Google for the Service in the 12 months preceding the event giving rise to the claim, and (b) EUR 100;
we are not liable for indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, lost data, lost goodwill or business interruption;
we are not liable for failures caused by force majeure, acts of third parties, your own acts or omissions, or your hardware/software/network.

Nothing in this section limits liability that cannot be limited under applicable law (including liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by our negligence, or mandatory consumer-protection rights).

15. Indemnification

To the extent permitted by applicable law (and excluding consumers in jurisdictions where such indemnities are not enforceable against consumers), you agree to indemnify and hold harmless Fork&Spoon from claims, damages and reasonable costs (including legal fees) arising out of Your Content, your use of the Service in violation of these Terms or applicable law, or your infringement of any third-party right.

16. App Store / Google Play specific terms

If you obtained the App from the Apple App Store, you acknowledge that these Terms are between you and Fork&Spoon, not with Apple; Apple has no obligation to provide maintenance or support; in case of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; Apple is not responsible for product claims, IP-infringement claims or consumer-protection claims relating to the App; Apple and its subsidiaries are third-party beneficiaries of these Terms; and you represent that you are not in a country subject to a US-government embargo or designated by the US government as a "terrorist-supporting" country.

If you obtained the App from Google Play, Google's Google Play Terms of Service apply in addition to these Terms.

17. Security disclosures

We welcome responsible disclosure of security vulnerabilities. Please report findings to security@forkandspoon.app. Do not publicly disclose a vulnerability until we have had a reasonable opportunity to investigate and remediate.

18. Governing law and disputes

These Terms are governed by the laws of the Netherlands, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

18.1 Consumers

If you are a consumer resident in the EU/EEA, UK, Switzerland or another jurisdiction whose mandatory consumer-protection law applies to you, you also benefit from any mandatory provisions of the law of your country of residence, and may bring proceedings before the competent court of your place of residence. EU consumers may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

18.2 Other users (including businesses)

For users who are not consumers, the courts of [Amsterdam, the Netherlands] have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.

18.3 No class actions

To the extent permitted by applicable law (and not where prohibited by mandatory consumer-protection rules), disputes will be resolved on an individual basis.

19. Miscellaneous

Entire agreement. These Terms, the Privacy Policy and any plan-specific terms shown at purchase, constitute the entire agreement.
No waiver. Our failure to enforce any provision is not a waiver.
Severability. If any provision is held unenforceable, the rest remain in force.
Assignment. You may not assign your rights without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition or sale of assets.
Notices. We may give notices through the App, by e-mail, or by posting on the Website.
Language. The English version of these Terms prevails in case of inconsistency with any translation, except where mandatory law of your country requires otherwise.

20. Contact

Arjan Schoof
Voorstraat 44, [POSTCODE] Velddriel, Netherlands
support@forkandspoon.app — general support
privacy@forkandspoon.app — privacy
security@forkandspoon.app — security disclosures