Terms of Service

Please read these Terms of Service ("Terms", "Agreement") carefully before using the Custom Cook iOS application ("App", "Service") operated by Custom Cook ("we", "us", or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Acceptance of Terms

By creating an account or using the App, you confirm that you are at least 13 years of age (or the minimum age required in your jurisdiction, whichever is greater), have read, understood, and agree to these Terms, have read and agree to our Privacy Policy (incorporated herein by reference), and have the legal capacity to enter into this Agreement. If you are using the App on behalf of a business or entity, you represent that you have authority to bind that entity to these Terms.

2. Account Registration and Security

To use certain features of the App, you must create an account. You agree to provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at legal@customcook.app of any unauthorized use of your account or any other security breach. We are not liable for any losses arising from your failure to safeguard your account credentials. You may not create accounts using automated means or under false pretenses, and you may not use another person's account without permission.

3. License to Use the App

3.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on iOS devices that you own or control, solely for your personal, non-commercial purposes.

3.2 Restrictions

You may not: (a) copy, modify, or create derivative works of the App or its content, except as permitted by applicable law; (b) reverse engineer, decompile, or disassemble the App; (c) rent, lease, lend, sell, redistribute, or sublicense the App; (d) remove or alter any proprietary notices or labels on the App; (e) use the App in any manner that could damage, disable, overburden, or impair the Service; (f) use automated bots, scrapers, or data mining tools to access or extract data from the App; (g) attempt to gain unauthorized access to any portion of the App or its related systems; or (h) use the App for any illegal or unauthorized purpose.

4. User Content

4.1 Your Content

The App allows you to create, upload, and share recipes, cookbooks, images, and other content ("User Content"). You retain ownership of any intellectual property rights you hold in your User Content, subject to the license you grant us as described below.

4.2 License Grant for Recipe Content

IMPORTANT — PLEASE READ CAREFULLY: By submitting, creating, uploading, or generating any recipe, recipe modification, cookbook, or related food content ("Recipe Content") through the App — including content created manually, collaboratively, or with AI assistance — you hereby grant Custom Cook a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to access, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and commercially exploit such Recipe Content for any purpose, in any media or format now known or later developed, without compensation to you or any third party, and without the requirement of further consent. This includes the right to use Recipe Content to train and improve AI systems, for marketing and promotional purposes, for research and development, and for any other commercial or non-commercial purpose in our sole discretion.

4.3 License Grant for Other User Content

For User Content other than Recipe Content (such as profile information, comments, and non-recipe content), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute such content in connection with operating and improving the Service.

4.4 Your Representations

You represent and warrant that: (a) you own or have the necessary rights and permissions to grant the licenses described above; (b) your User Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party; (c) your User Content does not violate any applicable law or these Terms; and (d) your User Content does not contain viruses, malware, or other harmful code.

4.5 Content Standards

You agree not to post User Content that: is illegal, defamatory, obscene, pornographic, threatening, harassing, or abusive; infringes intellectual property rights of third parties; contains false or misleading information; promotes discrimination or hatred; violates the privacy or publicity rights of others; contains advertising or spam; or is otherwise objectionable in our reasonable discretion. We reserve the right, but not the obligation, to review, remove, or disable access to any User Content that violates these Terms, in our sole discretion.

5. AI Features

5.1 AI Recipe Generation

The App provides AI-powered features to generate new recipes, suggest modifications, and create recipe images. These features are provided on an "as is" basis. You acknowledge that AI-generated content may be inaccurate, incomplete, or unsuitable for your specific circumstances.

5.2 Food Safety Disclaimer

AI-generated recipes and content are for informational and entertainment purposes only. We do not warrant that any recipe is safe, nutritionally accurate, or free from allergens. You are solely responsible for verifying the safety of any recipe before preparing or consuming food. Always consult a qualified nutritionist or physician if you have specific dietary needs, health conditions, or allergies. We are not liable for any adverse health effects resulting from use of recipes generated through the App.

5.3 AI Image Generation

Images generated by AI features are illustrations and may not accurately represent the final appearance of a dish. You may not use AI-generated images in any way that violates these Terms or applicable law.

5.4 AI Inputs

You are responsible for the prompts and inputs you provide to AI features. Do not input personal, sensitive, confidential, or illegal information into AI features. Inputs may be used to improve our AI systems as described in our Privacy Policy.

6. Cookbook and Recipe Sharing

You may share cookbooks and recipes with other users of the App. When you share content, you grant the recipients a license to view and, if permitted by your sharing settings, to copy and use such content within the App. You control who can access your content through the App's sharing settings. We are not responsible for how recipients use content you choose to share. You should not share content that is confidential or that you do not have the right to share. You understand that once you share content with others, we cannot guarantee it will not be further shared or copied outside the App.

7. Intellectual Property

7.1 Our Property

The App, including its software, design, text, graphics, logos, icons, and other materials (excluding User Content), is the property of Custom Cook and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

7.2 Feedback

If you provide us with feedback, suggestions, or ideas about the App ("Feedback"), you grant us the right to use such Feedback without restriction or compensation to you. Feedback is not considered confidential information.

7.3 Copyright Complaints

If you believe that content in the App infringes your copyright, please send a notice to legal@customcook.app with: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good faith belief; (e) a statement of accuracy; and (f) your signature. We will respond to valid DMCA notices in accordance with applicable law.

8. Prohibited Uses

In addition to the restrictions in these Terms, you agree not to use the App to: upload recipes or content that you know to be dangerous or harmful; impersonate any person or entity; harass, threaten, or harm other users; collect or store personal information about other users without their consent; use the App for commercial solicitation without our permission; circumvent any technical measures we use to restrict access; engage in any activity that violates applicable local, state, national, or international law or regulation; or assist or encourage any third party to do any of the foregoing.

9. In-App Purchases and Subscriptions

Certain features of the App may require payment or a subscription. All purchases are processed through Apple's App Store and are subject to Apple's payment terms and conditions. All fees are stated in U.S. dollars unless otherwise specified. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You may manage or cancel your subscription through your Apple ID account settings. We do not offer refunds except as required by applicable law or Apple's policies. Prices are subject to change with reasonable notice.

10. Disclaimers

THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY AI-GENERATED CONTENT, RECIPES, OR IMAGES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUSTOM COOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW SUCH LIMITATIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

12. Indemnification

You agree to indemnify, defend, and hold harmless Custom Cook and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights, including intellectual property rights or privacy rights; or (e) your violation of any applicable law.

13. Third-Party Services

The App may integrate with or contain links to third-party services, including AI providers and cloud platforms. We do not control and are not responsible for third-party services, and your use of them is subject to their own terms and privacy policies. We are not liable for any damages or losses resulting from your use of third-party services.

14. App Store Terms

These Terms are between you and Custom Cook only, not with Apple Inc. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to applicable warranties, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligations with respect to the App. Apple is not responsible for addressing any claims by you or third parties relating to the App. Apple is a third-party beneficiary of these Terms and may enforce them against you.

15. Termination

We may suspend or terminate your account and access to the App at any time, with or without cause, and with or without notice, including for violation of these Terms. You may terminate your account at any time by deleting it through the App settings or by contacting us. Upon termination: your right to use the App immediately ceases; we may delete your account data in accordance with our Privacy Policy; and the license you granted us to Recipe Content (Section 4.2) survives termination. Provisions that by their nature should survive termination will survive, including Sections 4.2, 7, 10, 11, 12, and 16.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict of law principles.

16.2 Informal Resolution

Before filing a formal dispute, you agree to first contact us at legal@customcook.app and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally within 30 days of receipt of notice.

16.3 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the App (except for injunctive relief) shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Utah. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.4 Class Action Waiver

YOU AND CUSTOM COOK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This class action waiver may not be severed from the arbitration agreement.

16.5 Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for violations of intellectual property rights or to prevent imminent harm.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Custom Cook regarding the App and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms.

17.5 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes through the App or via email. Your continued use of the App after the effective date of the updated Terms constitutes your acceptance. If you do not agree to the updated Terms, you must stop using the App.

17.6 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, government actions, or internet failures.

18. Contact Information

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

Custom Cook
Email: legal@customcook.app
Website: https://customcook.app